Implementing Guidelines for Intra-Regional, Inter-Regional, and Inter-Provincial Public Transport Route Plans as Provided under DOTr Do No. 2017-011

December 1, 2017

LTFRB MEMORANDUM CIRCULAR NO. 029-17

 

WHEREAS, the Department of Transportation ("DOTr") issued Department Order No. 011, series of 2017, otherwise known as the Omnibus Guidelines on the Planning and Identification of Public Road Transportation Services and Franchise Issuance or Omnibus Franchising Guidelines ("OFG"), which aims to provide a reliable, safe, adequate, accessible, environment-friendly, dependable, efficient, and comfortable public road transportation throughout the country; ISHCcT

WHEREAS, the Land Transportation Franchising and Regulatory Board ("LTFRB" and/or "Board"), a sectoral agency of the DOTr, is tasked to implement the OFG;

WHEREAS, Section 5 of Executive Order No. 202 mandates the LTFRB "to prescribe and regulate routes of service, economically viable capacities and zones or areas of operation of public land transportation services provided by motorized vehicles in accordance with the public land transportation development plans and programs approved by the Department of Transportation and Communications"; "to formulate, promulgate, administer, implement and enforce rules and regulations on land transportation public utilities, standards of measurements and/or design, and rules and regulations requiring operators of any public land transportation service to equip, install and provide in their utilities and in their stations such devices, equipment facilities and operating procedures and techniques as may promote safety, protection, comfort and convenience to persons and property in their charges as well as the safety of persons and property within their areas of operations"; and "to perform such other functions and duties as may be provided by law, or as may be necessary, or proper or incidental to the purposes and objectives of this Executive Order";

WHEREAS, pursuant to Section 3.1.4 of the DOTr Department Order No. 2017-011 providing for the Omnibus Guidelines on the planning and identification of public road transportation services and franchise issuance, the following rules and procedures in the implementation thereof are hereby promulgated:

I. DEFINITION OF TERMS

For purposes of this Memorandum Circular, the following terms, words and phrases shall mean or be understood as follows:

Board — refers to the Land Transportation Franchising and Regulatory Board composed of the Chairman and two (2) Board Member created by virtue of Executive Order ("E.O.") No. 202, series of 1987.

CPCs — refers to the Certificates of Public Convenience or an authority issued by the Board for the operation of road transportation services for public use.

Department — refers to the Department of Transportation.

Developmental Routes — refer to routes designed to serve new residential, commercial, and other land use developments.

Inter-provincial route — refers to fixed route which provides public transport services from one administrative provincial territory to another administrative provincial territory within the country. This may involve intra-regional routes.

Inter-regional route — refers to fixed route which provides public transport services from one regional territory to another regional territory.

LGUs — refers to municipal, city, and provincial governments, or agencies or authorities responsible for economic zones or administrative regions.

Metro Manila Urban Transport Integration Study Update and Capacity Enhancement Project ("MUCEP") Study Area — area consisting of the sixteen (16) cities and one (1) municipality of Metro Manila and identified cities in its adjoining provinces (Bulacan, Rizal, Laguna, and Cavite) that constitutes the geographical coverage of the MUCEP research.

Operator — refers to holder/grantee of a valid and subsisting CPC issued by the Board.

Public Utility Vehicles ("PUVs") — refers to vehicles that carry passengers and/or cargo for a fee, offering services to the public, which may include, but are not limited to, UV Express Service, PUBs, PUJs, TNVS, Filcab and Taxis. Further classifications are provided in Section 2.2 of D.O. 2017-011.

Route — a path with defined starting and ending points that a public transportation unit is authorized to traverse, as defined in the unit's CPC.

Stops — are designated points or areas for standard stop locations which are at least 400-meter apart for residential areas and at least 200-meter apart for major activity centers.

Terminal — is an off-street area where passengers board and alight, usually located at the start and at the end of a route.

Transfer Area — an area, hub, or facility where two (2) or more routes meet, enabling passengers to connect or transfer to other routes or modes.

Turning Point — refers to route ends or turn back points where public utility vehicles are allowed to maneuver to resume operation back to its route origin/destination and ideally located in areas where transfers services are available.

Public Transport Route Plan — a plan specifying the detailed public transport route description, the modes, and number of units required for public land transportation services in inter-provincial, intra-regional, and inter-regional with either or both route ends as independent city. The responsibility of planning these types of routes is mandated with the DOTr.

II. COVERAGE

This Memorandum Circular shall cover inter-provincial, intra-regional, and inter-regional routes.

Routes connecting major traffic generators should ideally be direct and shortest path. For economic reasons and for improved operating efficiency, indirect routes deviating from the shortest possible path are not allowed unless authorized by the LTFRB. CAacTH

Provision of terminals by the respective LGUs shall be consistent with the DILG-DOTr Joint Memorandum Circular No. 01, series of 2008 and the Memorandum Circular on Off-Street Terminal Operations. On the other hand, location of turning points and transfer areas shall be determined by the DOTr.

All provincial routes, as designated by the approved Public Transport Route Plan bound for metropolitan areas, shall have destinations only up to the Integrated Terminal Exchange ("ITEx"), where available. Routes that will be affected as a result of the introduction of ITEx shall be modified according to approved route plan.

III. CRITERIA FOR PUBLIC TRANSPORTATION ROUTE RATIONALIZATION

The establishment of public transportation routes and the corresponding modes of services should henceforth be based on the following criteria:

1. passenger demand patterns and characteristics;

2. road network configurations;

3. corresponding road functions (road hierarchy); and

4. road capacities.

IV. CONDITIONS

1. No inter-provincial, intra-regional, and/or inter-regional routes shall be issued franchise without the corresponding Public Transport Route Plan prepared by the DOTr;

2. Inter-city or inter-municipal public transportation planning for the MUCEP Study Area shall likewise be prepared by the DOTr;

3. The above-mentioned Public Transport Route Plan and other documentary requirements specified in the OFG, as well as the requirements of the Public Service Act (C.A. No. 146, as amended), shall be submitted to the LTFRB for processing, subject to the oversight function of the DOTr;

4. Public Transport Route Plans within a region shall be evaluated and approved by the concerned LTFRB Regional Franchising Regulatory Office ("RFRO"). Those Plans relative to inter-regional routes shall be evaluated and approved by the DOTr/LTFRB Central Office.

5. Once approved, the concerned LTFRB Office shall conduct an open and transparent process; i.e., call for application to select the public transport operators to deliver the needed services.

V. REPEALING CLAUSE

All issuances or parts thereof, inconsistent herewith are hereby modified accordingly, superseded/revoked.

VI. EFFECTIVITY

This Memorandum Circular shall take effect 30 days following completion of its publication in the Official Gazette and/or in a newspaper of general circulation and/or the filing of three (3) copies hereof with the UP Law Center, pursuant to Presidential Memorandum Circular No. 11 dated 09 October 1992.

SO ORDERED.

Quezon City, Metro Manila, December 1, 2017.

(SGD.) ATTY. MARTIN B. DELGRA IIIChairman

(SGD.) ENGR. RONALDO F. CORPUSBoard Member

(SGD.) ATTY. AILEEN LOURDES A. LIZADABoard Member

Attested by:

(SGD.) ATTY. CARL SHA JEMIMAH F. MARBELLAOIC, Executive Director