Terms and Conditions of a Certificate of Public Convenience to Operate a Transportation Network Vehicle Service

May 28, 2015

LTFRB MEMORANDUM CIRCULAR NO. 018-15

 

For proper guidance and observance of all holders of a Certificate of Public Convenience (CPC) to Operate a Transportation Network Vehicle Service (TNVS), the following Terms and Conditions shall form part of every Certificate to be issued by the Board, in addition to the provisions of Memorandum Circular No. 2011-004 that may be applicable to them:

1. All transportation must be pre-arranged through the use of a TNC provided internet-based digital technology application of the Transportation Network Company (TNC) on an internet-connected device.

2. The CPC cannot be sold, assigned, leased, or otherwise transferred or encumbered. An Application for Sale and Transfer of the CPC shall not be accepted.

3. The operator shall always remain in good standing with the TNC. The CPC shall be revoked if the operator's accreditation with the TNC is revoked or if the Certificate of TNC Accreditation is revoked by the Board.

4. The operator shall ensure that the vehicle is always equipped with basic tools and equipment (like spare tire, jack, early warning device or the like) during the pre-arranged ride.

5. The operator shall ensure that an internet-connected digital device is always carried by the driver during the pre-arranged ride and connected to the TNC provided digital technology application.

6. The operator shall not display any advertisement on the exterior of the vehicle or a component of the trade dress unless approved by the Board.

7. The operator shall not employ a driver who is not accredited by the TNC and registered with the Board.

8. The operator shall employ a driver who has demonstrated the ability to read, write, and speak Filipino and English languages well enough to understand and fulfill the duties of a driver.

9. The operator shall ensure and monitor the compliance of the driver with respect to "zero tolerance drug and alcohol policy."

10. The driver must always display the trade dress of the TNC during the pre-arranged ride. To properly identify that a particular vehicle is accredited by a particular TNC, the trade dress shall be (a) readable during daylight hours at a distance of at least fifty (50) feet, and (b) reflective, illuminated or otherwise patently visible so as to be seen in darkness. Magnetic or removable trade dress is acceptable.

11. The driver must always wear the identification card issued by the TNC during the pre-arranged ride.

12. The driver must always display, in full view of the passenger, the identification card prescribed by the Board during the pre-arranged ride.

13. The driver shall always be clean in person and dress during the pre-arranged ride.

14. The driver shall, at all times, strictly comply with the "No Smoking Policy" inside the vehicle.

15. The driver can only carry up to a maximum of seven (7) passengers but not exceeding the designed seating capacity of the vehicle.

16. The driver is prohibited from accepting street hails from potential passengers.

17. The driver is prohibited to pick-up passengers in the airports, unless authorized by the airport management.

18. The driver shall not accept or respond to passenger or potential passenger's requests for service via traditional street hail, including hand gestures and verbal statements or through phone calls or booking service other than a TNC provided digital technology application on an internet-connected device.

19. The driver shall not pick-up or drop-off a passenger at designated taxi stands, no loading or unloading zones, or other restricted areas.

20. The driver shall not take a circuitous route to a destination or any route other than the most direct route without the express consent of the passenger.

21. The driver shall not allow any passenger to transport, carry or have any beverage alcohol unless such beverage is in the original package with the seal unbroken.

Any violation or non-compliance with the above Terms and Conditions may be penalized in accordance with the scale of penalties enumerated in Memorandum Circular 2011-004 and may be a ground for cancellation of CPC, subject to notice and hearing.

All other issuances inconsistent herewith are deemed modified or superseded accordingly.

This Memorandum Circular shall take effect immediately following its publication in at least one newspaper of general circulation. Let three (3) copies hereof be filed with the UP Law Center pursuant to Presidential Memorandum Circular No. 11, dated 09 October 1992.

SO ORDERED.

(SGD.) ATTY. WINSTON M. GINEZ, CPAChairman

(SGD.) ENGR. RONALDO F. CORPUSBoard Member

(On Official Leave)ATTY. ANTONIO ENRILE-INTON, JR.Board Member

Attested by:

(SGD.) ATTY. ROBERTO P. CABRERA IIIExecutive Director

Published in The Philippine Star on May 30, 2015.