Cttmo Functions 3x4r6o

1) The head of CTTMO may designate any vehicular traffic on any city street or highway or portion thereof as one-way on an experimental basis which shall be referred immediately to the CTTMB for its final decision or action. (Sec 35) 2) The head of CTTMO may expand, reduce, amend or modify Appendix I (OneWay Streets) of the Comprehensive Transport and Traffic Code of Davao City with the concurrence of the City Transport and Traffic Management Board, approved by the City Mayor, subject to the final approval of the Sangguniang Panlungsod. (Sec 35)

SECTION 52. OFFICERS AUTHORIZED TO REMOVE ILLEGALLY STOPPED VEHICLES. (a)

Whenever any City Traffic Enforcer of the City Transport and Traffic Management Office and/or Police Traffic Officer finds a vehicle standing upon a highway in violation of any of the foregoing provisions, such officer is authorized to move such vehicle, or require the driver or other person in-charge of the vehicle to move the same, to a position off the paved road, or main traveled part of such highway;

(b)

Whenever any City Traffic Enforcer and/or Police Traffic Officer finds a vehicle unattended upon any bridge or causeway where such vehicle constitute an obstruction of traffic, he is hereby authorized to provide for the removal of such vehicle to the nearest impoundment area, garage or other place of safety;

(c)

The expense incurred in the removal of such vehicle shall be charged to the owner of the vehicle.

SECTION 54. AUTHORITY TO DISPOSE OF UNCLAIMED VEHICLES. (a) The City Transport and Traffic Management Office (CTTMO), in coordination with the PNP City Director, shall recommend to the City Mayor the disposal of all vehicles that have been taken into custody pursuant to the provisions of this Code including those impounded prior to its approval, provided court approval is secured for vehicle involved in litigation. Written notice of such auction shall be d once a week for two (2) consecutive weeks in one daily local newspaper of general circulation in the City. A written notice shall

Page 2 of 90 Ord. No. 0334-12 also be sent to the last known ed owner by ed mail addressed to the owner’s last known address, at least ten (10) days prior to the date of auction, and said auction shall be held not earlier than sixty (60) days after the date upon which such vehicle shall have been taken into custody. Any person entitled to such vehicle may claim the same at any time prior to such auction upon payment of all fees, charges and/or penalties, as well as costs and expenses relating to the towing and storage of such vehicle, as determined by the City Transport and Traffic Management Office (CTTMO), through the Traffic Enforcement and Street Management Division; (b) The funds derived from such auction shall be applied to the fees, charges and/or penalties due, the expenses of storage and those incurred in taking into custody, and to defray the expenses of the auction sale of such vehicle; and the balance if any, if there will be no claimant, shall form part of the General Fund; (c) In the event that no bid is received, the City Mayor shall offer such vehicle to any interested person under such favorable to the city government with the approval of the Sangguniang Panlungsod; and if no person is interested, the City Mayor shall dispose of such vehicle at the city dump site at the expense of the City. SECTION 55. DESIGNATION OF PUBLIC PAY PARKING ZONES. (a)

The City Transport and Traffic Management Office (CTTMO) is hereby authorized and directed to establish, mark and designate portions of a thoroughfare as on-street public pay parking zones;

(b)

The streets listed under Appendix IV (Public Pay Parking Zones) are hereby designated as either one-sided or two sided on-street public

pay parking zones. The City Transport and Traffic Management Office is hereby authorized to expand, reduce, amend or modify from time to time the list as it sees fit, subject to the approval of the City Transport and Traffic Management Board for any changes or revision; provided however, that the City Transport and Traffic Management Office recommend it to the Sangguniang Panlungsod for approval. The revised list shall be deemed final if not acted by the Sangguniang Panlungsod within six (6) months upon receipt thereof;

(c)

Page 3 of 90 Ord. No. 0334-12 Pay parking shall commence beginning 6:00 o’clock A.M. to 9:00 o’clock P.M. from Monday to Saturday;

(d)

Except otherwise provided in this Code, the left side of any street designated as one-way-street listed in Appendix I, shall be assigned as parking zone while the right side shall be designated for loading and unloading area.

SECTION 56. OFF-STREET PARKING, TRANSPORT TERMINAL AND OTHER FACILITIES. (a)

Parking facilities, public transport terminals, garages, wharves, may be constructed, operated and maintained by the City, or by private transport

entities,

subject

to

the

approval

of

Sangguniang

Panlungsod upon the recommendation of the City Transport and Traffic Management Office and its Board; (b)

Application for establishment and construction of public utility van transport terminal owned, operated and maintained by private entities shall have an attachment of required traffic impact assessment submitted to the City Transport and Traffic Management Office, including those located in major commercial and industrial establishment, as a requirement before a Building Permit is issued by the appropriate authority; Provided however, that public utility van transport terminal located within a commercial or industrial establishment shall apply for separate business permit application and pay corresponding regulatory fees and charges;

(c)

Construction of public utility van transport terminal owned and operated by private sector shall be located at least 100 meters from the nearest curve, junction, or intersection of city road and/or highway; Provided however, that the distance of entry and exit gates of public transport vehicles to the terminal shall be thirty (30) meters from the nearest road, street or highway;

(d)

An off-street public utility van transport terminal owned and operated by private entities shall have security guards and shall be equipped with CCTV camera, parking bays, shaded enger lounge with seats, toilet for male and female, water, garbage bins,

and other amenities for the comfort and welfare of the riding engers;

(e)

Page 4 of 90 Ord. No. 0334-12 Pedestrian over, under, footbridge, footway, waiting shed for public use constructed using government monies shall be operated and maintained by the city government, thru the City Transport and Traffic Management Office; Provided however, that pedestrian over and under crossing any city road, street or highway, and waiting shed along any road, street, or highway for public use constructed by private entities shall be turned over to the city government for operation and maintenance;

(f)

Pedestrian over, under, footbridge, footway, waiting shed shall not be used as trading center, for display of merchandise for sale, and other activities that would totally or partially obstruct pedestrian walkway.

SECTION 57. PRIVATE GARAGE FOR VEHICLES-FOR-HIRE. (a)

The City Transport and Traffic Management Office is hereby authorized to regulate the construction, operation, and maintenance of garage for the use of private vehicles-for-hire for vehicles not in use;

(b)

It is prohibited for operator and/or owner of vehicles-for-hire to construct, operate, and maintain garage without first securing a permit from the City Transport and Traffic Management Office;

(c)

It is prohibited for the owner and/or operator of privately-owned garage for vehicles-for-hire to solicit engers or to unload engers in their private garage.

SECTION 58. PROVISION OF PRIVATE PARKING AREA. In the construction of a building of private establishment such as, but not limited to, commercial, industrial, institutional building: (a)

New Construction - it shall require the owner of the building to incorporate in the development plan to provide a minimum of three (3) meters setback beginning from the private property line abutting city street, road, or highway for purposes of vehicle angle parking; Provided however, if the location of the building is along a corner abutting two roads or streets, the same minimum three (3) meters according to the existing provisions of the National Building Code shall be provided in both sides of the building; Provided finally, that no part of parked vehicle shall obstruct the free age of pedestrian sidewalk.

Page 5 of 90 Ord. No. 0334-12

SECTION 59. PAY PARKING CHARGES AND SIGNS. Appropriate signs indicating the parking charges and the time that such facility is open for business, shall be installed at each public pay parking zones; Parking fees shall be collected during the regulated period at rates shown in Appendix IV. The rates shall be updated from time to time by the City Transport and Traffic Management Office subject to the concurrence of the City Transport and Traffic Management Board for approval of the Sangguniang Panlungsod. SECTION 60. ALLOCATION OF PARKING FEES COLLECTED. All fees collected for overnight parking in a designated public pay parking zone within a specific barangay shall be allocated as follows: Fifty percent (50%) shall be apportioned to the barangay concerned and the other Fifty percent (50%) to the Traffic Management Trust Fund. SECTION 61. OVERNIGHT PARKING. (a)

Overnight parking on city roads not determined as pay-parking zones may be recommended by the Barangay Council through an appropriate resolution, subject to evaluation of the City Transport and Traffic Management Board and duly approved by the Sangguniang Panlungsod, through an appropriate ordinance. Those local roads that may be designated, shall as much as practicable, be on a one-side parking basis and in no case shall prevent egress or through age. No alley or road less than three (3) meters in width shall be designated as overnight-parking zones;

(b)

The operations of overnight parking zones established by the Barangay Council shall be supervised by the City Transport and Traffic Management Office, through the Traffic Enforcement and Street Management Division.

SECTION 62. ENFORCEMENT OF OVERNIGHT PARKING. The enforcement and collection of overnight parking fees may be undertaken by the Barangay in the City upon compliance with the following: (a)

The Barangay Council itself with the technical assistance of the CTTMO, will determine which of the local roads may be utilized for overnight parking, before enacting a resolution to that effect;

(b)

Overnight parking shall be limited to the hours of 9:00 o’clock P.M. to 6:00 o’clock A.M. the following day: (i)

No cargo trucks or tractor trailers of eight (8) wheels and up shall be allowed to avail of overnight parking in any streets of

Page 6 of 90 Ord. No. 0334-12 the City except by reason of emergency repair which shall be accomplished as expeditiously as possible. Cargo trucks found parking during these hours on any City streets shall be towed to the vehicle impounding area, and the driver/operator is required to pay the corresponding fines;

(ii)

The cost of the tickets or receipts issued by the Barangay for collection of overnight parking fees shall be chargeable to the City Government of Davao;

(iii)

Overnight parking fees shall be collected at the rate of One Hundred Pesos (Php 100.00) per vehicle, per night; provided however, that the owner of the motor vehicle shall have the option to pay a monthly overnight parking fee net of twenty percent (20%) discount;

(iv)

The Barangay Council, through a resolution, shall provide barangay security force assigned to maintain order in the parking area and to ensure that vehicles parked for overnight parking are not used for any immoral and lewd acts;

(v)

It shall be the duty of the Barangay Treasurer to remit collections pertaining to the share of the City to the City Treasurer’s Office.

SECTION 63. VIOLATIONS IN PUBLIC PAY-PARKING AREAS. Within any public pay-for-parking facility, it shall be unlawful for any person: (a)

To refuse or fail to pay the parking charges;

(b)

To park any vehicle across any line or marking of a parking space or in such position that the vehicle shall not be entirely within the area designated by such lines or markings;

(c)

To tamper or damage any vehicle, other than his own, parked in the same parking facility;

(d)

To park any vehicle for the purpose of washing, cleaning, greasing, painting, selling merchandise or repairing or installing any car accessories and/or tinting, except repairs necessitated by an emergency on a designated area in the parking facility;

(e)

To display for sale or to sell goods and merchandise; and

(f)

To disregard any official direction, instruction or restriction posted

Page 7 of 90 Ord. No. 0334-12 therein, in accordance or in conformity with the provisions of this Code. ARTICLE XII CARELESS AND DANGEROUS DRIVING UNDER THE INFLUENCE OF LIQUOR SECTION 64. CARELESS DRIVING. A person shall not drive a vehicle without due care or attention or without consideration for other persons or vehicles which violation include the following, among others, and as may be determined by the CTTMO:

a.

driving a moving vehicle along road shoulders to overtake other vehicles;

b.

driving a motor vehicle in continuous zigzag motion along any city road or highway;

c.

using cellular or mobile telephone for texting or calling/receiving calls, while the vehicle is in motion.

SECTION 65. RECKLESS AND DANGEROUS DRIVING. A person shall not drive a vehicle recklessly or at a speed or in a manner dangerous to public safety. SECTION 66. DRIVING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF LIQUOR OR INCAPACITATING DRUG. No person shall drive a motor vehicle while under the influence of liquor or other incapacitating drug. For purposes of this Section, a driver is considered under the influence of liquor, if, at the time of competent examination performed or with the use of DOH-approved breath analyzer to determine the blood alcohol concentration, within an hour of apprehension of a person, the person is found to have at least 0.06% of alcohol in his/her blood, or in the case of drugs, if it reasonably manifests from the person’s action or behavior that the exercise of his/her five senses is physically impaired as to expose the driver himself/herself, or the vehicle or other persons to a possible accident. The operation of any vehicle, although non-motorized, in the same manner stated herein, is likewise prohibited. ARTICLE XIII ACCIDENTS

Page 8 of 90 Ord. No. 0334-12 SECTION 67. ACCIDENTS INVOLVING DEATH OR PERSONAL INJURIES OR DAMAGE TO A VEHICLE. The driver of any vehicle involved in an accident resulting in injury or death of any person or damage to a vehicle which is driven or attended by any person, shall immediately stop such vehicle at the scene of the accident and shall remain at the scene of such accident until he has fulfilled the requirements of Section 69 of this Code. Every step must be taken to ensure that such stop is made without obstructing traffic. SECTION 68. DUTY TO GIVE INFORMATION AND RENDER AID. The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle or other property damage, shall give his name, and the vehicle license number he/she is driving and upon request, exhibit his/her driver’s license to the person struck, or to the driver or occupant of, or person attending the vehicle collided with, and shall render reasonable assistance to any person injured in such accident. SECTION 69. DUTY UPON STRIKING UNATTENDED VEHICLE. The driver of any vehicle that collides with any vehicle which is unattended shall immediately stop and shall then locate and notify the operator or owner of the unattended vehicle or if the operator or owner cannot be located, the driver shall inform the nearest police station through any means of communication.

SECTION 70. DUTY UPON STRIKING FIXTURES ON A HIGHWAY. The driver of any vehicle involved in an accident resulting only in damage to fixture legally upon or adjacent to a street or highway shall take reasonable steps to locate and notify the owner or person in-charge of such property and shall give his name and address, and the vehicle license number he is driving, and upon request, exhibit his driver’s license and shall make a report of such accident as required by this Code. SECTION 71. REPORT OF ACCIDENTS. (a)

The driver of any vehicle involved in an accident resulting in injury or death of any person shall, immediately by the quickest means of communication, give notice of such to the Davao City Police Office (DO) or City Transport and Traffic Management Office (CTTMO);

(b)

The driver of any vehicle involved in property damage, shall make an agreement to the persons whose property is involved as to the amount of property damage sustained; provided however, that with or without agreement between the two parties, the accident shall be

Page 9 of 90 Ord. No. 0334-12 reported immediately to the Davao City Police Office and City Transport and Traffic Management Office; (c)

Every Davao City Police Traffic Officer, with the assistance of Davao City Traffic Enforcer, in the regular course of duty, investigate a motor vehicle accident of which report must be made as provided herein, either at the time of and at the scene of the accident or thereafter by interviewing participants or witness, shall, within 24 hours after completing such investigation, forward a written report of such accident to the City Transport and Traffic Management Office.

SECTION 72. ACCIDENT REPORTS. (a)

The Davao City Police Office, with the assistance of City Traffic Enforcer, shall prepare and upon request, provide to the motor vehicle repair shop and agencies concerned, forms for accident reports required. The written reports to be made by persons involved in accidents and by investigating officers shall call for sufficient detailed information, such as, causes of accident, existing conditions and the person and vehicle involved. Written reports from the Davao City Police Office shall be made within a maximum period of three (3) working days;

(b)

Accidents must be recorded using the prescribed Accident Report Form agreed upon by the CTTMO, DO and other national agencies for uniformity;

(c)

The City Traffic Enforcer, for purposes of data bank of the CTTMO, shall document, report, monitor the accident in a prescribed form called “Daily Road Accident Monitoring Report.” The City Traffic Enforcer shall inhibit himself/herself from investigating accident, however, he/she is allowed to make a rough sketch of the vehicle accidents before the police arrives.

SECTION 73. MOTOR VEHICLE REPAIR SHOP TO REPORT. Owners of Motor Repair Shops are required to report to the DO and CTTMO all vehicles involved in accidents of suspicious circumstances (carnapping, kidnapping or any other crimes, etc.) using the prescribed form prepared by

Page 10 of 90 Ord. No. 0334-12 the CTTMO called “Motor Vehicle Repair Shop Report.” The report must be confidential between the repair shop and the DO and the CTTMO. (All prescribed forms and procedures will be duly provided under the IRR). SECTION 74. ACCIDENT REPORTS CONFIDENTIAL. All accident reports in writing made by a person involved in accidents or by motor vehicle repair shop shall be for the confidential use of the CTTMO, Davao City Police Office and the City Mayor having use for the records for accident prevention purposes, except that the Davao City Police Office may disclose the identity of a person involved in an accident when such identity is not otherwise known or when such person denies his presence at such accident; No such report shall be used as evidence in any trial, civil or criminal, arising out of an accident except upon order of any Court which the Davao City Police Office shall comply. SECTION 75. WHEN DRIVER UNABLE TO REPORT. (a)

An accident report is not required under this Article from any person who is physically incapable of making report during the period of such incapacity;

(b)

Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident as required in Section 72 and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall make a report not made by the driver or if the driver is not the owner of the vehicle, then the owner of the vehicle involved in such accident shall within five (5) days after learning of the accident make such report not made by the driver.

SECTION 76. RESPONSIBILITY TO TABULATE AND ANALYZE ACCIDENT REPORTS. Without impinging on the authority of the Davao City Police Office, the City Transport and Traffic Management Office shall tabulate and analyze all accident reports and shall publish annually the statistical information based on the number and circumstances of traffic accidents. SECTION 77. COPIES OF REPORTS TO BE FURNISHED THE OFFICE OF THE CITY MAYOR. The Davao City Police Office shall furnish true copies of all accident reports within 48 hours from the filing thereof, to CTTMO and the Office of the City Mayor.

ARTICLE XIV OPERATION OF ANIMAL-DRAWN CARRIAGES AND BICYCLES

Page 11 of 90 Ord. No. 0334-12 SECTION 78. EFFECT OF REGULATIONS. The regulations applicable to animal-drawn carriages and bicycles, shall apply whenever animal-drawn carriages and bicycles are operated upon any road or upon any path set aside for the exclusive use of such carriages and bicycles. SECTION 79. LICENSE REQUIRED. No person, whether resident or not of the City of Davao, shall operate, ride or propel an animal-drawn carriage or bicycle, on any street, highway, alley roadway, sidewalk or upon any public path set aside for the exclusive use of such carriages or bicycles unless such has been licensed and a license plate 5.0 cm x 7.5 cm (2 x 3) in size is attached thereto as provided herein. The license is renewable every January the following year. SECTION 80. REGISTRATION. All animal-drawn carriages and bicycles owned by residents of the City of Davao shall be ed with the CTTMO, through the Franchising and Regulatory Division, issuance of license plates and upon payment of authorized amount to the City Treasurer’s Office: For Animal-Drawn Carriage For Bicycle

PhP 150.00 annually Php 150.00 annually

Renewal of registration shall be every one year from the date a bicycle or animal-drawn carriage has been of ed. SECTION 81. ATTACHMENT OF LICENSE PLATE. The license plate shall be firmly attached to the rear of the animal-drawn carriage or rear mudguard or frame of the bicycle for which it is issued in such position as to be plainly visible from the rear. SECTION 82. LIGHTING, WARNING SIGNS. An animal-drawn carriage and bicycle operated at night shall be equipped with headlight visible at least 60 meters to the front and a rear red reflex mirror or reflectorized tape visible for a distance of 60 meters to the rear. SECTION 83. OPERATING CARRIAGE ON PUBLIC ROADS. (a)

A

BICYCLE

AND

ANIMAL-DRAWN

No person is allowed to drive a bicycle on public roads and national highway who is not at least 18 years of age; (i) A person driving a bicycle who is below 18 years old shall be given due warning for the first offense;

(b)

A driver of a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto;

(c)

A driver of a bicycle shall not carry more persons at one time than the number for which it is designed and equipped;

Page 12 of 90 Ord. No. 0334-12

(d)

A driver of a bicycle shall not place any cargo or enger in between the driver’s arms or between the steering bar and the driver;

(e)

A driver of a bicycle shall not hitch the same or himself to any moving vehicle upon any roadway;

(f)

A driver of a bicycle shall keep at least one hand upon the handle bars;

(g)

No person shall operate a bicycle unless it is equipped with a bell, a horn or other devices capable of giving a signal for a distance of at least 100 feet except siren or whistle;

(h)

No person shall drive a bicycle on major city streets or highways, unless otherwise designated by CTTMO;

(i)

Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheel skid on dry, level, clean pavement;

(j)

A driver of bicycle shall not park his/her bicycle along pedestrian sidewalks;

(k)

A bicycle driver shall wear a protective helmet to be worn all the time when traveling a distance of more than ten (10) kilometers;

(l)

A driver/operator of a bicycle or animal-drawn carriage shall not operate at a speed greater than what is reasonable and prudent under the existing conditions;

(m) Every bicycle or horse-drawn carriage when operated at night shall be equipped with a lamp on the front which shall emit a white light from a distance of at least 20 feet to the front and with a rear red reflex mirror or lamp visible for distance of 200 feet to the rear. SECTION 84. PENALTIES. Penalties shall be imposed upon the driver or owner/operator of animal-drawn carriage or bicycle for the violations indicated hereunder: (i)

No registration

Php 100.00

(ii) (iii) (iv) (v) (vi) (vii)

No plate number Not equipped with bell, horn No headlight No red light to the rear No red reflector on its rear Carrying more persons than it

is designed and equipped (viii) With electronic device such as car stereo, radio, and other

Php Php Php Php

Page 13 of 90 Ord. No. 0334-12 100.00 100.00 Php 100.00 100.00 Php 100.00 100.00

confiscation of device and Php 100.00

devices that creates public nuisance

The apprehending City Traffic Enforcer shall have the authority to confiscate the device to be deposited at the CTTMO; The device shall be claimed by the owner/driver/operator within seven (7) working days upon payment of corresponding fee of Php 150.00, otherwise the device shall be up for auction. The proceeds of the sale shall go to the General Fund. SECTION 85. BICYCLE LANE. The CTTMO shall prepare bicycle route development plan which, among others, designate a bicycle lane, shared roadway, or signed bicycle lane in consideration of the safety of both the bicycle driver and his/her bicycle. SECTION 86. TRAFFIC LAWS APPLICABLE TO OPERATING AN ANIMAL-DRAWN CARRIAGE OR PERSONS RIDING BICYCLES. The provisions of this Code granting right to and imposing duties upon a driver of a vehicle shall apply to every person riding a bicycle or operating an animaldrawn carriage upon a road, except those provisions that by their very nature are not applicable. ARTICLE XV OPERATION OF MOTORIZED TRICYCLE-FOR-HIRE SECTION 87. EFFECT OF REGULATIONS. The regulations applicable to motorized tricycle-for-hire shall apply whenever Motorized Tricycles-for-Hire (MTH) is operated upon any road. SECTION 88. CLASSIFICATION OF MOTORIZED TRICYCLE-FORHIRE. The following classification is established for purposes of registration and regulations: (a)

Type of Use: (i) MTH used for transporting engers; and (ii) MTH used for commerce, trading of merchandise, other uses;

Page 14 of 90 Ord. No. 0334-12 (b)

Type of Fuel: (i) Conventional (gasoline-fed); (ii) Unconventional (solar-powered, LPG, electric, battery-operated);

(c)

Type of Make: (i) Sidecar; (ii) Centercar.

SECTION 89. FRANCHISING AND REGULATORY UNIT. There shall be created a Motorized Tricycle-for-Hire Franchising and Regulatory Unit under the City Transport and Traffic Management Office which shall issue franchise and regulate the operations of motorized tricycle-for-hire.

SECTION 90. MOTORIZED TRICYCLE-FOR-HIRE REGISTRATION AND LICENSING. An owner/operator/driver shall and secure a license from the City Transport and Traffic Management Office in order to operate an authorized motorized tricycle-for-hire: (1)

Qualification (a)

Filipino citizen, 18 years old and above, and a resident of the City of Davao;

(b)

Cooperatives, associations, partnerships, and corporations ed under the Philippines laws, with 60% Filipino equity, with operations ed with the City Government of Davao;

(2)

Registration and Licensing - applicants shall submit a duly accomplished registration form at the City Transport and Traffic Management Office, with the following requirement: (a) Owner of New Unit (i) Official Receipt/Certificate of Registration indicating with sidecar/cab; (ii) Official Receipt/absolute Deed of Sale of the sidecar/cab attached to the unit; (iii) Motorcycle Registration Papers from LTO; (iv) Driver’s License from LTO; (v)

Completed registration form;

(vi) (vii) (viii) (ix) (x)

Page 15 of 90 Ord. No. 0334-12 Barangay clearance where the operation would take place; Health certificate from the City Health Office; Police clearance; Residence certificate; Common carrier insurance for engers and third party;

(b) For the driver (i) Residence certificate; (ii) Barangay clearance; (iii) Health certificate from the City Health Office; (iv) Police clearance; (v) LTO-issued driver’s license; (vi) Certification from the owner/operator who hires the driver’s services; With reference to sub-paragraph (a)(vi) and sub-paragraph (b)(iii), health examination shall be conducted on driving fitness of the owner and/or driver of the MTH which shall include, but not limited to, vision examination, physical examination, sense of hearing, among others; provided however that the examining physician shall have the authority to recommend or deny the applicant’s fitness to drive; Motorized Tricycle Operators Permit (MTOP) shall be issued to owners/operators for every unit of motorized tricycle-for-hire upon payment of the following annual regulatory fees in the City Treasurer’s Office:

Regulatory Fees  Franchise/provisional authority

Amount Php 1,000.00



Registration Fee

Php

500.00



Filing fee for MTOP per unit

Php

50.00



Fare adjustment fee for fare increase

Php

50.00



Filing Fee for Amendment of MTOP

Php

30.00

(to be collected upon application) 

Supervision Fee

Php

100.00



(payable on or before September 30 annually) Business Permit Fee payable to Business Bureau

Php

200.00

100.00

(payable on or before January 20 annually) 

CTTMO-issued driver’s ID

Php



Penalty for late renewal of MTOP

25% of the amount

 

Penalty for late renewal of business permit Penalty for lost CTTMO-issued license plate

25% of the amount Php 500.00

SECTION 91. DISPOSITION OF MONIES COLLECTED.

Page 16 of 90 Ord. No. 0334-12 Source of Revenue   

 

City Government

Annual franchise fee Filing fee for MTOP Fare adjustment fee

Barangay

100.0% TMTF 50.0% TMTF 50.0% TMTF

50.0% 50.0% (divided equally to barangays traversed by MTH operation per MTOP)

Supervision fee Business permit fee

50.0% TMTF 100.0% (General Fund)

50.0%

SECTION 92. OPERATING CONDITIONS OF MOTORIZED TRICYCLEFOR-HIRE. (a)

Only

approved

recommended

prototype

by

sidecar/centercar

CTTMO

shall

be

allowed

designed for

and

transport

engers and qualified for issuance of franchise;

of

provided

however, that an MTH moving on any road used for transporting engers, or waiting, parking or standing conspicuously soliciting engers with sidecar/centercar not in conformity with the approved prototype shall be apprehended and shall be impounded in the city impoundment area; (b)

A driver shall not conduct and/or operate a MTH at any time on national roads and highways;

(c)

MTH terminal and routes assigned and approved by the City Transport and Traffic Management Office shall be strictly followed;

(d)

Only

approved

fare

by

the

City

Motorized-Tricycle-for-Hire

Franchising and Regulatory Committee shall be collected for every enger;

(e)

A driver shall conspicuously display the coded-CTTMO-issued MTH license plate in front, back, and inside the cab facing the enger; this

is

aside

from

the

license

plate

issued

by

the

Land

Transportation Office which shall be conspicuously displayed; (f)

A driver shall only conduct engers and goods/cargos that meet the capacity of the MTH so as not to endanger the lives of the engers;

(g)

Page 17 of 90 Ord. No. 0334-12 The driver of MTH shall carry at all times the photocopy of MTOP, LTO-issued Official Receipt and Certificate of Registration, and CTTMO-issued licenses;

(h) An MTH shall be built in accordance with the design and built and other specifications recommended by the CTTMO; (i)

Only MTH with motorcycles 125cc and above shall be qualified for the granting of franchise or MTOP;

(j)

The CTTMO shall regulate the number of franchisees allowed to ply in every approved zone or route;

(k) (l)

The MTH franchise or MTOP shall not be transferable; The owners/operators of MTH shall show proof of garage for their MTH;

(m) A common color of sidecar/centercar for MTH operating in the same zone shall be imposed. Each unit shall be assigned and bear identification number, aside from its LTO license plate number. SECTION 93. RESPONSIBILITIES OF MTH OWNER/OPERATOR. It shall be the sole responsibility of the owners/operators of MTH over the franchising, registration, qualifications, and conduct of the drivers hired to transport engers/cargoes, as provided for in this Code. SECTION 94. RESPONSIBILITIES OF MTH DRIVER. It shall be the responsibility of the driver to act, perform, and follow traffic laws, rules and regulations of the City of Davao, as provided for in this Code, and maintain the MTH for the safe and comfort of the engers. SECTION 95. ISTRATIVE SANCTIONS. (a)

Suspension of Franchise - The department head of the CTTMO or his duly authorized representative may demand from any driver to surrender his/her license plate in violation of the above regulation and the MTH Temporary Operator Permit (MTOP) shall be issued to said driver during the pendency of the case against him; Provided

further, that any holder or possessor of a driver's license duly issued who shall allow or permit the use of the license by any other person

Page 18 of 90 Ord. No. 0334-12 shall be suspended for a minimum period of one(1) month and a maximum period of six (6) months after which, the former holder of the driver's license may apply again for a license; (b)

Revocation of Franchise - Any MTOP issued may be revoked by the Chairman of the CMTFRC or his duly authorized representative whenever the holder, or possessor of said license shall have been convicted by final judgment of any of the following offenses: (i) gross immoral conduct such as soliciting or acting as agent of houses of ill-repute committed during the discharge of such calling as MCH driver; (ii) when convicted of murder or homicide, robbery or theft, abuse of chastity or any acts of lasciviousness, coercion or threats, committed during the discharge of his call as driver, in which event he shall be issued probationary franchise for a period to be determined by the CTTMO.

SECTION 96. ISTRATIVE FINES. The following istrative fines shall be imposed against owners, operators and drivers of MTH for violation of any provisions of this Article; provided however, that owners, operators and drivers who are found liable for violating any other provision of this Code but not contained in this Article, shall also be subjected to the corresponding prescribed penalty or fine thereof: (a)

On first offense: a fine of One Thousand Pesos (Php 1,000.00), and/or, suspension or cancellation of the franchise/provisional authority;

(b)

For second offense: a fine of Two Thousand Pesos (Php 2,000.00);

(c)

Upon subsequent violations: a fine of Four Thousand Pesos (Php 4,000.00) for each succeeding offense;

(d)

Duly authorized enforcement officers are hereby empowered to take custody of, and impound the MTH for operating without a franchise or special permit or with expired franchise/special permit;

Page 19 of 90 Ord. No. 0334-12

(e)

Compromise penalties for the following violations in the event a violator opts to pay the same without resorting to judicial proceedings: Violation  No LTO - driver’s license  Non-display of prescribed ID card issued by the CTTMO  Failure to secure the prescribed ID  Wearing of slippers or bare foot driving  Wearing of sleeveless t-shirt  Wearing of shorts  Smoking while driving  Non-wearing of shirt  Failure to carry MTOP  Overloading  Overcharging  Failure to display approved tariff rate  Failure to comply the route color coding  Installation of stereo  Wearing headphone, earphone while driving  Installation of additional extension  Not following prescribed routes  Traversing along national roads/highways  Unreasonable refusal to convey engers  Use of tampered/fake MTH license plate  Without rear-view mirror  Operating with expired franchise

Penalty Php 500.00 Php 100.00 Php 500.00 Php 100.00 Php 100.00 Php 100.00 Php 500.00 Php 100.00 Php 500.00 Php 500.00 Php 500.00 Php 500.00 Php 500.00 Php 500.00 Php 500.00 Php 500.00 Php 500.00 Php 500.00 Php 500.00 Php 500.00 Php 500.00 Php 500.00

MTH apprehended under this Article shall be removed by authorized city traffic enforcer from the road and shall be impounded at the city impoundment area; provided however, that the release of apprehended MTH shall be subject to payment of penalty/ies stated in this Section, other fees and charges as determined by the CTTMO subject to the approval of the MTFRC. SECTION 97. TRANSITORY PROVISION. (a)

Existing MTOP issued by the TRD shall remain in force and effective until its expiration;

(b)

Existing

MTH

being

operated

without

and/or

expired

franchise/provisional authority are hereby given two (2) months from the effectivity date of this Code to secure MTOP;

(c)

Page 20 of 90 Ord. No. 0334-12 Existing MTH with franchise shall operate motorcycle engines with minimum power of 100cc or higher as maybe required by the CTTMO;

(d)

Existing MTH with franchise shall be given a period of two (2) years to modify and conform with the sidecar/centercar specifications from

the

date

when

prototype

sidecar/centercar

with

fixed

specifications shall have been approved by the CTRMB; (e)

Existing MTH with franchise shall be given a period of six (6) months to conform with the route color code from the date when color assignment shall have been approved by the CTTMB;

(f)

Owners, operators and drivers of MTH who are not residents of the barangay in which they are operating shall be given one (1) year from the effectivity of this Code to continue its operation after which they shall be phased out unless they provide their own garage where the MTH are being operated;

(g)

Existing Transport Regulatory Division (TRD) under the City Legal Office shall be subsumed under the CTTMO. ARTICLE XVI OPERATIONS OF PEDAL-OPERATED TRICYCLES

SECTION 98. EFFECT OF REGULATIONS. The regulations applicable to pedal-operated tricycle or trisikad shall apply whenever pedal-operated tricycle, which is classified “for hire”, “commercial use”, and “owner-driven”, is operated upon any road or upon any path set aside for the pedal-operated tricycles. SECTION 99. CLASSIFICATION OF PEDAL-OPERATED TRICYCLE. (a)

Type of Use: (i) For transport of engers; (ii) For vending merchandise; (iii) For transport or delivery of goods; (iv) For personal use;

(b)

Type of Built: (i) Sidecar;

Page 21 of 90 Ord. No. 0334-12 (ii) Center car; (iii) Cart-type. SECTION 100. REGISTRATION AND LICENSING. An owner shall and secure a license plate in order to operate a pedal-operated tricycle or trisikad; (a)

Qualification (i) Filipino citizen, 18 to 60 years old, and resident of City of Davao; (ii) Cooperatives, associations, partnerships, and corporations ed under the Philippines laws, with 60% Filipino equity, with operations ed with the City Government of Davao;

(b)

Registration and Licensing (i)

All trisikad owned by residents, cooperatives, associations, and other entities with juridical personality in Davao City shall with the Franchising and Regulatory Division (FRD) of the CTTMO for the issuance of registration and pedicab license plates and upon payment of the following amount to the City Treasurer’s Office: For transport of engers For vending merchandise For transport or delivery goods For personal use

of

Php 500.00 annually/unit Php 1,000.00 annually/unit Php 1,000.00 annually/unit Php 500.00 annually/unit

Provided, however, that the owner/operator shall have the option to the newly-acquired unit/units for a period of three (3) years; (ii)

Newly acquired pedal-operated tricycle or trisikad shall be ed within thirty (30) days from the date of acquisition;

(iii) Renewal of license plate shall be done annually from the date the unit has been ed; (iv) Failure to within the periods specified above shall make the owner of the pedicab liable to a fifty percent (50%) surcharge and paragraph (ii) shall apply;

(v)

Page 22 of 90 Ord. No. 0334-12 No registration or renewal of registration shall be allowed of units which are unfit for public use or not roadworthy as determined by the CTTMO.

SECTION 101. ATTACHMENT OF LICENSE PLATE. The license plate number of a trisikad shall be prominently attached at the rear portion of the trisikad clearly visible at a distance of fifty (50) feet and the driver/operator shall always carry a photocopy of the registration papers. SECTION 102. LIGHTING, WARNING SIGNS. A trisikad operated at night shall be equipped with headlight visible at least 60 meters to the front and a rear red reflex mirror or reflectorized tape visible for a distance of 60 meters to the rear. SECTION 103. RESTRICTIONS. (a)

Only

approved

cab

and/or

body

prototype

designed

and

recommended by CTTMO are allowed for transport of engers and are qualified for issuance of franchise; provided however, that a trisikad moving or being operated on any road used for transporting engers, or waiting or parking with cab and/or body which does not conform with the approved prototype shall be apprehended, impounded and stored in the city impoundment area;

(b)

Trisikad used for transport of engers shall not be allowed to operate on streets designated as “off-limits” by the CTTMO;

(c)

No trisikad shall traverse along the national highway and secondary roads; except those trisikad not used for transporting engers;

(d)

The license plate is non-transferable, it is punishable by a fine of Php 500.00, and if any person uses the license plate that belongs to another, the said person shall pay such fine;

(e)

As far as practicable, the operation of pedicab used for transport of engers shall be limited within residential areas;

(f)

The fare to be collected by trisikad driver from engers shall not exceed the rates approved by the CTTMO on public utility jeepneys in Davao City;

(g)

A homeowners’ association of private subdivision may prescribe some limitations regarding the operation of trisikads within said

Page 23 of 90 Ord. No. 0334-12 subdivision, upon approval of the CTTMO, not contrary to the traffic provisions of this Code; (h) The total number of engers of a trisikad shall be limited to three (3) persons including the driver; (i)

No person shall operate a trisikad unless it is equipped with a bell, a horn or other devices capable of giving a signal for a distance of at least 100 feet except siren or whistle;

(j)

No electronic devices shall be attached to the trisikad that would create public nuisance such as, but not limited to, radios, stereos, and other sound-generating devices;

(k)

No person shall drive a trisikad, unless he/she wears long pants or tros, shirt and shoes;

(l)

Using a license plate not issued by the CTTMO is punishable by a fine of Php 500.00 and impoundment;

(m) No person shall drive a trisikad wearing headphones, using cell phones to text or call and smoking is strictly prohibited. SECTION 104. REGULATORY OFFICE AND ITS FUNCTION. The CTTMO shall regulate the registration of trisikad with the following function: (a)

Registration of pedal-operated tricycles or trisikad;

(b)

Establish routes for pedal-operated tricycles or trisikad used for transporting engers;

(c)

Establish color coding with respect to zone/route for trisikad used for transporting engers;

(d)

Recommend other guidelines and standards on the operations of pedal-operated tricycles subject to the approval of the Motorized Tricycle Franchising and Regulatory Committee.

SECTION 105. VIOLATIONS AND PENALTIES. Penalties shall be imposed upon the driver or owner/operator of the trisikad for the violations indicated hereunder: (a)

For Owner of pedal-operated tricycles

Penalty

Page 24 of 90 Ord. No. 0334-12 (i) (ii) (iii) (iv) (v) (vi) (vii)

No registration No CTTMO-issued license plate Not equipped with bell, horn No headlight No light or rear red reflex mirror Failure to comply registration papers With electronic device such as

Php 500.00 Php 500.00 Php 500.00 Php 500.00 Php 500.00 Php 500.00 Confiscation of device

car stereo, radio, and other devices that creates public nuisance

plus Php 500.00

The apprehending City Traffic Enforcer shall have the authority to confiscate the electronic sound device to be deposited at the City Transport and Traffic Management Office; The device shall be claimed by the owner/driver within seven (7) working days upon payment of corresponding fee of Php 1,000.00, otherwise the device shall be up for auction. The proceeds of the sale shall go to the General Fund; (b)

For drivers (i) (ii) (iii) (iv) (v)

(c)

Driving without shirt Driving in short pants Driving in slippers Driving while wearing headphone/earphone Smoking while driving

For pedal-operated tricycles used in transporting engers (i)

Penalty Php Php Php Php Php

500.00 500.00 200.00 500.00 1,000.00

Penalty

Operating outside the designated routes:

First Offense Second and subsequent offenses (ii) Traversing along national highway (iii) Fare overcharging (iv) Excess number of engers as provided

Php Php Php Php Php

500.00 1,000.00 500.00 500.00 500.00

in this Article

A trisikad apprehended under this Article shall be removed by authorized city traffic enforcer from the road and shall be impounded at the city impoundment area; provided however, the release of apprehended trisikad shall be subject to payment of penalty/ies stated in this Section, other fees and charges as determined by the CTTMO subject to the approval of the Sangguniang Panlungsod.

Page 25 of 90 Ord. No. 0334-12 SECTION 106. TRAFFIC LAWS APPLICABLE TO PEDAL-OPERATED TRICYCLE OR TRISIKAD. The provisions of this Code granting right to and imposing duties upon a driver of a vehicle shall apply to every person driving a trisikad upon a road, not contained in this Article and all other provisions contained of this Code also apply. ARTICLE XVII REGISTRATION OF NON-MOTORIZED BOAT USING THE CITY OF DAVAO AS PORT OF CALL SECTION 107. EFFECT OF REGULATION. This regulation is applicable to non-motorized boat using the City of Davao as port of call. All other boats/vessels not covered by this Code shall be ed in accordance with the provisions of RA 9295, otherwise known as the “Domestic Shipping Development Act of 2004”. SECTION 108. SCOPE. The registration function of the City Government of Davao is limited only to the conferment of identity to non-motorized fishing boats, but does not, however, serve as an authorization or license to fish in municipal waters. SECTION 109. PURPOSE AND OBJECTIVES. This Article intends to institutionalize and provide guidelines, system and procedure in the conduct of registration of non-motorized boats with Davao City as homeport or destination, providing for fees and penalties therefor. SECTION 110. DEFINITION. (a) Registration – an act/process of enlisting a non-motorized fishing boat for the purpose of establishing its identity and ownership by asg it a permanent number. (b) License/Permit to fish – the privilege to fish in its municipal waters granted to ed fisherfolk by the Local Government Unit. (c) Fishing boat – any watercraft used for fishing or in to fishing operations in municipal waters. (d) Municipal Waters – include not only streams, lakes, inland bodies of water and tidal within the municipality which are not included within the protected areas as defined under Republic Act No. 7586 (The NIPAS Law), public forest, timberlands, forest reserves, or fishery

Page 26 of 90 Ord. No. 0334-12 reserves, but also marine waters included between two (2) lines drawn perpendicular to the general coastline from points where the boundary lines of the municipality touch the sea at low tide and a third line parallel with the general coastline including islands and fifteen

(15)

kilometres

from

such

coastline.

Where

two

(2)

municipalities are so situated on opposite shores that there is less than thirty (30) kilometres of marine waters between them, the third line shall be equally distant from the opposite shore of the respective municipalities. (e) ed Non-Motorized Fishing Boats – fishing boats duly ed with the City Government of Davao satisfying all registration requirements. (f) Uned Non-Motorized Fishing Boats – fishing boats uned with the City Government of Davao (g) Homeport – refers to the locality where the fishing vessel is ed (h) MARINA – Maritime Industry Authority (i) PCG – Philippine Coast Guard (j) CAO – City Agriculturist’s Office (k) CENRO – City Environment and Natural Resources Office SECTION 111. REGISTRATION PROCEDURE. (a)

Eligible Applicants – only Filipino citizen, single proprietorship, partnerships, and/or corporations and duly ed or accredited fisherfolk organizations, associations and cooperatives are eligible to apply for registration;

(b)

The CTTMO, through the Franchising and Regulatory Division (FRD), shall formulate registration process that would be facilitative to applicants;

(c)

Application Requirements – the following are necessary documentary requirements for the filing of application for registration and upon payment of annual registration fee of P200.00: (i)

For New Applicants 

Completed

Application

Application form);

Form

(Municipal

Fishing

Vessel

Page 27 of 90 Ord. No. 0334-12

Certification or Clearance from the Davao City Philippine



National Police (PNP) or from the PNP Maritime Office certifying that the non-motorized fishing boat is not involved in any criminal offense; Environmental Clearance from the City Environment and



Natural Resources Office (CENRO); Barangay Clearance;



For Transfer of Registration (change of homeport)

(ii) 

All requirements under sub-paragraph (i) of Section 112 of this Article;



Original Copy of the Certificate of Number;



Clearance to Change Homeport (to be issued by the City Government of Davao through the City Transport and Traffic Management Office);

(d)

Certificate of Number – Upon submission of the owner/operator of completed requirements for the registration of municipal fishing vessel to the CTTMO, the CTTMO shall recommend to the City Mayor for the issuance of the Certificate of Number (Certificate of Number form) which is non-transferable;

(e)

Official Number - The CTTMO shall assign an official number to a ed fishing vessel which shall correspond to a code bearing the City of Davao; the official number shall be painted, permanently marked or plated on both sides of the forward portion of the fishing vessel;

(f)

Assignment of Name – The City Transport and Traffic Management Office, upon request of the owner/operator may assign a name to the fishing vessel. A name shall be assigned to only one (1) fishing vessel regardless of type of fishing gear. If the proposed name has already

been

assigned

to

another

ed

boat,

the

owner/operator has the option of adding letters of the alphabet, any Arabic number or Roman numeral which can be represented by

Page 28 of 90 Ord. No. 0334-12 words or its numeric equivalent, to the proposed name. The name of the fishing vessel shall be painted on both sides of the mid portion of the fishing vessel; (g)

Marking of Vessels – The City Transport and Traffic Management Office may institute a vessel marking or color coding system within its territorial jurisdiction;

(h) Issuance of New Certificate of Number – A new Certificate of Number shall be issued in case the fishing vessel changes its homeport: (i)

A change in homeport may occur in case the owner decides to change residence or principal office, or sells or transfers ownership of the fishing vessel to a person or entity with domicile in another municipality or city; the city shall, upon application for change of homeport, issue a certificate of clearance, and shall delete the registration of such fishing vessel from its ;

(ii)

No clearance for the change in homeport shall be issued by the CTTMO, being the current homeport, under the following instances: 

the single proprietorship, partnership, corporation, or fisherfolk cooperative has no branch office in the intended homeport;



there is an outstanding safety requirement which the boat has to comply;



the fishing vessel is involved in a pending criminal, civil or istrative case for violation of fishery law or ordinance, or civil case regarding question of ownership;

(iii) The new homeport shall issue a new Certificate of Number upon filing of an application for issuance of a new Certificate of Number pursuant to the requirements in this Article; (iv) Re-issuance of Certificate of Number – The CTTMO shall re-issue the Certificate of Number in the following instances:

Page 29 of 90 Ord. No. 0334-12 a. Change in ownership – In case the fishing vessel is sold or transfer of ownership, the CTTMO shall re-issue the Certificate of Number, containing the amended information on ownership upon application of the new owner or transferee, upon the submission of the following requirements: (i)

Duly notarized Deed of Absolute Sale;

(ii)

Posting in the Barangay Hall or in the City Hall of the City Government of Davao for seven (7) consecutive days giving notice that the fishing boat has been sold or transferred to a new owner;

(iii) Affidavit of Publication executed by the City Mayor, through the Office of the City Transport and Traffic Management Office, that the said notice had been posted in the premises and that there are no oppositors to the fishing boat’s sale; and (iv) Original copy(ies) of Certificate of Number; b. Change of name of the boat – The CTTMO shall issue a Certificate of Number when the owner/operator desires to change the name of the boat, upon application filed with the current homeport, in this case the City of Davao, stating the reason for such. The following documents shall be attached upon submission of the application; (i)

Original copy of the Certificate of Number;

(ii)

Posting in the Barangay Hall or in the City Hall of the City Government of Davao for seven (7) consecutive days giving notice that the motorized fishing boat has applied for a Change of Name;

(iii) Affidavit of Publication executed by the Punong Barangay and the City Mayor, through the Office of the City Transport and Traffic Management Office, that the said notice had been posted in the premises and that there are no oppositions or claims during the seven (7) day posting;

Page 30 of 90 Ord. No. 0334-12 An application for change of name shall not be approved if the boat is involved in civil case regarding question of ownership or in a criminal or civil case for violation of a fishery law or ordinance. (i)

Deletion or Cancellation of Registration – In case of loss or decay

of

the

fishing

marine/maritime

vessel,

incident,

or

the

its

involvement

owner/proprietor

in

a

shall

immediately inform the City Transport and Traffic Management Office,

and

shall

delete

or

cancel

the

fishing

vessel’s

registration. SECTION 112. FINES AND PENALTIES. Fines and penalties for uned non-motorized fishing boats within the municipal waters of Davao City, pursuant to the Local Government Code of 1991, with the following: (a)

For a fisherfolk who is a resident of the City of Davao (i) (ii)

First offense Second offense (iii) Third offense

(b)

-

P1,500.00 P2,500.00

-

P5,000.00 and cancellation of registration

For a fisherfolk who is not a resident of the City of Davao First and subsequent offenses - P5,000.00; while the fish catch, or any merchandise including fishing gears, found in the boat, shall be confiscated in favor of the City Government of Davao, and hold the fishing boat from sailing for a period of time until the payment of fine is paid and duly receipted by the Office of the City Treasurer;

(c)

For a fisherfolk whose boat is ed in other areas but not a resident of the City of Davao The fisherfolk shall pay a fishery auxiliary invoice of P5,000.00. The fishery auxiliary invoice is not transferable and can only be used for a period of 24 hours of fishing activity in the municipal waters of Davao City. Payment for the fishery auxiliary invoice shall be made at the Office of the City Treasurer during office hours.

SECTION 113. QUALIFIED TO FISH IN THE MUNICIPAL WATERS OF DAVAO CITY. Only duly ed fishing boats are qualified to fish in the municipal waters of the City of Davao.

Page 31 of 90 Ord. No. 0334-12 SECTION 114. PRIORITY IN THE REGISTRATION OF NONMOTORIZED FISHING BOATS. The following is the order of priority in the registration of non-motorized fishing boats: Priority 1 - Fishing boats owners/operators who are residents of the City of Davao; Priority 2 - Fishing boats owners/operators who are residents from other areas in the Philippines. SECTION 115. IMPLEMENTING AGENCY. The City Transport and Traffic Management Office shall implement the provisions of this Article in collaboration with the City Agriculturist’s Office. SECTION 116. MONITORING OF ED NON-MOTORIZED FISHING BOAT. There shall be a comprehensive monitoring strategy to determine the compliance of this Code. (a)

The Barangay Council shall report to the CTTMO, violations of any provision of this Article for appropriate action;

(b)

The City Transport and Traffic Management Office and the City Agriculturist Office, in coordination with the Barangay Council, shall conduct periodic inspection of fishing boats to determine the extent of compliance of this Code.

SECTION 117. REPORTORIAL SCHEME. The City Government of Davao, through the CTTMO in collaboration with the City Agriculturist Office shall maintain an updated records of non-motorized fishing boat under the city’s jurisdiction and submit quarterly to the MARINA Region XI, to the Philippine Coast Guard where the City of Davao belongs, and Department of Agriculture-BFAR the list of non-motorized fishing boat ed and deleted/cancelled. SECTION 118. REGISTRATION OF NON-MOTORIZED VESSEL. (a)

Used for Fishing Purposes per Unit (i) Latest Residence Certificate of the owner; (ii) Barangay Clearance;

Page 32 of 90 Ord. No. 0334-12 (iii) Completed Registration Form; (iv) Annual registration fee of Php 200.00 (renewable annually from the date of registration); (b)

Used for Commercial Purposes per Unit (i) Business Permit; (ii) Barangay Clearance; (iii) Completed Registration Form; (iv) Annual registration fee of Php 500.00 (renewable annually from the date of registration);

(c)

Assignment of registration number (i) The CTTMO shall assign a permanent registration number to every unit ed; (ii) The registration number is non-transferable; (iii) The registration number shall be written on the middle part of the boat on both sides;

(d)

Disposition of monies collected from registration fee – 25.0% shall go to the Barangay where there is boat registration, while the remaining 75.0% shall go to the Traffic Management Trust Fund. ARTICLE XVIII LIGHTING, WARNING SIGNS, EQUIPMENT, ETC.

SECTION 119. LIGHTS ON MOVING MOTOR VEHICLES. No person shall drive a motor vehicle or a combination of a motor vehicle and trailer between sunset and sunrise, unless the motor vehicle or combination is equipped with appropriate lamps and reflectors prescribed as mandatory by the Land Transportation Office (LTO) to be carried by that vehicle or combination, and the lamps are lighted. SECTION 120. DIMMING OF HEADLIGHTS. (a)

The driver of a motor vehicle shall dim the headlights or tilt the beam downward whenever the vehicle is approached by any other vehicle traveling in the opposite direction;

(i) When the other vehicle reaches a point Two Hundred (200) meters from his/her motor vehicle; or (ii) Immediately when the light projected by every headlight of the other vehicle is switched to low beam and shall cause every

Page 33 of 90 Ord. No. 0334-12 headlight of his vehicle to remain on low beam until the other vehicle has ed; (b)

No person shall drive a motor vehicle without the required headlights that are capable or being operated on low beam.

SECTION 121. LIGHTS ON STATIONARY MOTOR VEHICLES. (a)

Subject to the provision of Section 130, no person shall leave a motor vehicle waiting on a road with a lamp of a power exceeding seven (7) watts lighted and showing to the front, except while the vehicle is loading or unloading engers or is compelled to remain stationary by the exigencies of traffic;

(b)

No person shall leave a motor vehicle or a trailer waiting on or partly on any thoroughfare between sunset and sunrise unless that motor vehicle or trailer is equipped with: (i) Two lamps (one on each side) showing a clear white light to the front and clearly visible under normal atmospheric conditions at a distance of 180 meters, or where the motor vehicle or trailer is waiting on or adjacent to the boundary of the thoroughfare, one such lamp, which shall be on the side of the motor vehicle or trailer near to the center of the thoroughfare; and (ii) Appropriate rear lamps, number-plate lamps, front and rear clearance lamps and reflectors prescribed as mandatory by the LTO and the lamps so affixed are lighted;

(c)

Paragraph (b) of this Section shall not apply: (i) Where the street lighting in the vicinity renders the motor vehicle or the trailer clearly visible at a distance of 180 meters; or (ii) To any motorcycle nor connected to a side car, trailer left waiting parallel to and as near as practicable to the boundary of the thoroughfare.

SECTION VEHICLES. (a)

122.

PORTABLE

WARNING

SIGNS

FOR

DISABLED

No person shall drive a vehicle on a road, or permit a vehicle to be driven, unless that vehicle carries a portable early warning device complying

with

the

specifications

Transportation Office (LTO);

prescribed

by

the

Land

Page 34 of 90 Ord. No. 0334-12

(b)

Whenever a disabled vehicle is stationary on a thoroughfare, the portable early warning devices shall be placed one to the rear of the vehicle and one to the front side nearer to the center of the thoroughfare at a distance prescribed by the LTO to give reasonable warning to approaching drivers;

(c)

Nothing in this Section shall affect any duty imposed by this Code to display lighted lamps on stationary vehicles.

SECTION 123. LIGHTS AND OTHER EQUIPMENT ON BICYCLES. (a)

No person shall ride or propel a bicycle between sunset and sunrise, unless it is equipped with: (i) (ii) (iii) (iv)

(b)

A A A A

lighted lamp showing a clear white light to the front; lighted lamp showing a clear red light to the rear; red reflector on its rear; and, rear mudguard, the rear half of which is colored white;

Such lamps and reflectors shall be of the types and affixed in the positions prescribed by the proper authority and shall be kept clean at all times;

(c)

No person shall ride a bicycle unless it is equipped with: (i) An efficient brake; and, (ii) An efficient bell or some other suitable warning device.

SECTION 124. LIGHTS ON ANIMAL DRAWN VEHICLES. (a)

No person shall drive or permit any animal-drawn vehicle or any trailer attached to it to be upon any thoroughfare between sunset and sunrise, unless the vehicle or the trailer is equipped with appropriate front and rear lamps, clearance lamps and reflectors, as prescribed by proper authority and the lamps are lighted;

(b)

All reflectors and lights prescribed under this Section shall be kept clean and shall not be obscured by any part of the vehicle or its load.

SECTION 125. LIGHTS ON TOWED VEHICLES. No person shall between sunset and sunrise drive a motor vehicle which is towing another vehicle unless a lighted lamp is attached to the portion of the towed vehicle facing any following vehicle, with a power not exceeding seven (7) watts showing

Page 35 of 90 Ord. No. 0334-12 a clear red light visible under normal atmosphere conditions at a distance of 100 meters which lamp is so placed that: (a)

It is clear not more than one (1) meter above the ground; and

(b)

It is in the center or to the left side of the center of that portion of the towed vehicle which faces any following vehicle.

SECTION 126. FLASHING WARNING LIGHTS. (a)

No person shall drive or leave waiting vehicle on which, is mounted a lamp displaying intermittent flashes, except (i)

A lamp displaying intermittent red and/or blue flashes on the top of an emergency vehicle;

(ii)

A lamp displaying intermittent amber flashes on top of 

A tow truck or motor breakdown service vehicle at the scene of an accident or breakdown; or,



A vehicle being used by a government, public or local authority in connection with its functions and occupying a hazardous position on the thoroughfare;

(b)

A motor vehicle moving or stationary in a hazardous position on a thoroughfare because of an emergency situation, shall display such flashes from both sides of the front and rear of the vehicle by means of a flashing lamp signaling devices or Early Warning Device (EWD); provided, that the display of such flashes and the operation of EWD are in accordance with the specification of the LTO.

SECTION 127. SPOT LAMPS. (a)

No person shall cause or permit any spot lamp, or fog light/lamp or search lamp offered or connected to any vehicle to be lighted unless: (i)

The vehicle is stationary and the lamp is used only for the purpose of reading a road sign;

(ii)

The vehicle is outside the territorial jurisdiction of Davao City;

(b)

Page 36 of 90 Ord. No. 0334-12 The provision of paragraph (a) of this Section shall not apply if the vehicle is an emergency vehicle or if the vehicle is being used by law enforcement agencies in the performance of their official function.

SECTION 128. MUFFLERS AND NOISE CONTROLLING DEVICES. No person shall operate a motor vehicle on a street unless such motor vehicle is equipped, at all times, with a muffler or mufflers in constant operation and of sufficient capacity for the motor and equipped with an exhaust system to prevent the escape of excessive fumes or smoke and unusual noise; Owners or operators of motor vehicles within the territorial jurisdiction of the City of Davao shall at all times ensure that their vehicles comply with the exhaust emission standards set forth in RA 8749, otherwise known as the “Philippine Clean Air Act of 1999” and its implementing rules and regulations.

SECTION 129. WINDSHIELDS EQUIPPED WITH WIPERS. (a)

TO

BE

UNOBSTRUCTED

AND

No person shall drive any motor vehicle with any sign, poster, or other non-transparent material upon the front windshield of such vehicle which obstructs the driver’s clear view of the road or highway;

(b)

Posters or stickers approved by the proper authority shall be placed at the lower right hand corner of the front windshield;

(c)

No person shall drive any motor vehicle with any non-transparent material or object suspended within the windshield area as viewed from the driver’s seat nor shall any person drive any motor vehicle upon the hood of which is attached to any fixture ornament of any material which vibrates, or swings within view of the driver of said vehicle;

(d)

The windshield on every motor vehicle shall be equipped with a wiper for cleaning rain or other moisture from the windshield and shall be maintained in good working order. ARTICLE XIX SEATBELT

Page 37 of 90 Ord. No. 0334-12 SECTION 130. EFFECT OF REGULATIONS. The regulations applicable to all private, government-owned, and diplomatic vehicles with four (4) to multiwheeler motor vehicles, and in compliance with Republic Act No. 8750, otherwise known as the “Seat Belt Use Act of 1999”. SECTION 131. MANDATORY USE OF SEATBELTS. (a)

For their own safety, the driver and front seat engers of a public or private motor vehicle are required to wear or use their seat belt devices while inside a vehicle of running engine on any city road or thoroughfare; Provided, that for private vehicles, except for jeeps, jeepneys, vans, buses and other private vehicles as may be determined by the CTTMO, front and back seat engers are likewise required to use their seat belt devices at all times;

(b)

In the case of public motor vehicles, the driver shall be required to immediately inform and require the front seat engers upon boarding a vehicle of running engine to wear the prescribed seat belts. Any enger who refuses to wear seat belts shall not be allowed to continue his/her trip;

(c)

For special public service vehicles such as school services and other similar vehicles as may be determined by the CTTMO, seat belt devices should be provided and used by both drivers and front seat engers

as defined

herein

and

the first

row

engers

immediately behind the driver at all times while inside a vehicle of running engine; (d)

Operational motor vehicles, both public and private, which are not equipped with the required\seat belt devices, are given one (1) year to retrofit appropriate seat belt devices in their vehicles.

SECTION 132. TYPE OF SEAT BELT DEVICES REQUIRED. The seat belt devices required to be installed in all motor vehicles shall comply with the standards and specifications established by the Bureau of Product Standards of the Department of Trade and Industry (DTI) in consultation with the LTO of the Department of Transportation and Communication (DOTC); Provided however that the seat belt devices installed in imported second-hand motor vehicles shall conform with the standards and specifications of the Bureau of Product Standards for purposes of importation and registration.

Page 38 of 90 Ord. No. 0334-12 SECTION 133. CHILDREN TO SIT IN FRONT SEAT. Infants and/or children ages six (6) years and below shall be prohibited to sit in the front seat of any motor vehicle. SECTION 134. PROVISION FOR SEAT BELT. Amended under R.A 8750, otherwise known as the Seat Belt Use Act of 1999, car manufacturers, assemblers and distributors are required to ensure that seat belt devices are properly installed before the distribution and sale of the said vehicles as determined by the IRR thereon: Provided, that manufacturers, assemblers and distributors of jeepneys may install a pelvis restraint or lap belt only in the driver’s and front seat engers’ seat and this shall be considered as substantial compliance with the requirement of the said Article. SECTION 135. PENALTIES AND FINES. The City Government of Davao, through the City Transport and Traffic Management Office shall impose fines against a driver/operator of public utility vehicle operating in Davao City roads and thoroughfares for violation of this Article, which shall be defined in Appendix VI (Truck Ban Route); (a)

On the Driver (i)

For failure to wear the prescribe seat belt devices and/or failure to require his engers to wear the prescribe seat belt device;

(ii)

Public utility vehicles shall post appropriate signage instructing front seat engers to wear seat belts when inside the vehicle. Non-compliance hereof will hold the driver and the operator liable.

SECTION 136. RESERVATION OF FRONT SEATS FOR PERSONS WITH DISABILITY. Drivers and/or owners of public utility vehicles are required to reserve the seat on the front for persons with disability.

ARTICLE XX WEIGHT, SIZE, LOAD SECTION 137. GROSS WEIGHT, AXLE AND WHEEL LOADS. No motor vehicle or other power vehicle or combination of such vehicles equipped wholly with pneumatic tires, which has a total gross weight, including vehicle and load, in excess of the requirements as prescribed by the Land Transportation Office (LTO), shall be operated or moved upon any public places, city roads and street or highway.

Page 39 of 90 Ord. No. 0334-12 SECTION 138. PROJECTING LOADS ON ENGER VEHICLES. No enger-type vehicle shall be operated on any road, street or highway with any load thereon projecting beyond the extreme width of the vehicle, regardless of the nature of the property being transported. SECTION 139. LOADS TO BE PROPERLY SECURED. No vehicle shall be driven or moved on any road, street or highway: (a)

Unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, shifting, leaking, or otherwise escaping therefrom, except that soil, sand, or gravel, may be dropped for the purpose of traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining the roadway;

(b)

With any load not entirely within the body of the vehicle; Provided, however, that the ropes, straps, cargo nets, locks or other suitable mechanical device to prevent such load from dropping onto the highway or from shifting in any manner and further, that this provision shall not be deemed to supersede the provision of Section 141 herein above;

(c)

With any load consisting partially or entirely of loose paper, empty cartons, crates, or any other material susceptible of being blown or carried by the wind, unless such load is entirely covered by tarpaulin, net, canopy or other suitable material, effectively preventing any part of such load from being blown or carried by the wind; Provided however, that this paragraph shall

apply to any

vehicle carrying a load consisting entirely of soil, sand, coral or gravel, to prevent particles thereof from being blown or carried by the wind. SECTION 140. TRAFFIC OFFICERS MAY WEIGH VEHICLES AND REQUIRE REMOVAL OF EXCESS LOADS. (a)

The City Traffic Enforcer having reason to believe that the weight of a vehicle and load is unlawful, is authorized to require the driver to stop and submit to weighing of such vehicle by means of a portable or stationary weighing scale or may require that the vehicle be driven to the nearest public weighing scale available in the area;

(b)

Whenever a traffic enforcer/officer upon weighing a vehicle and load as above provided, determines that the weight is unlawful, the

Page 40 of 90 Ord. No. 0334-12 officer may require the driver to stop the vehicle in a suitable place and remain standing until portion of the load is removed as may be necessary to reduce the gross weight to such limit as permitted. All materials so unloaded shall be cared for by the owner or operator of the vehicle at their own risk; (c)

Any driver of a vehicle who fails or refuses to stop and submit the vehicle

and

load

to

weighing

when

directed

by

a

Traffic

Enforcer/Officer shall be guilty of a misdemeanor. SECTION 141. EXCESSIVE WIDTH, HEIGHT OF VEHICLES RESTRICTED. No motor vehicle or other power vehicle of a greater width than nine (9) feet, including load, and a height of fifteen (15) feet, shall be operated on any city street or highway except under the provisions herein specified. SECTION 142. RESTRICTING THE USE OVER BRIDGES. (a)

No person shall drive or operate any motor vehicle having an aggregate weight of vehicle and load in excess of the specified allowable weight indicated over any bridge in the City;

(b)

No person shall drive any motor vehicle over any wooden bridge at a speed greater than 10 kilometers per hour;

(c)

A driver of any motor vehicle when traveling over said wooden bridge shall not approach within ten (10) feet of another motor vehicle proceeding in the same direction.

SECTION 143. PERMIT TO MOVE EQUIPMENT AND/OR LOAD OF EXCESSIVE WEIGHT, WIDTH OR HEIGHT. (a)

No vehicle shall be moved, transported or caused to be moved through the city streets having an equipment and/or load of excessive weight, width or height unless a permit or clearance has been issued by the department head of the CTTMO;

(b)

All applications for permit required under this section shall be made in writing to the CTTMO and shall contain the following: (i) (ii)

Description of the vehicle, equipment and/or load to be moved; Street location or other identifying description of the place to

which the same is to be moved; (iii) Complete designation of the route to be followed; (iv) Height, width and length of the same; (v) Time at which the movement of the same will commence and terminate;

Page 41 of 90 Ord. No. 0334-12

(vi) Certified statement that the moving contractor has examined the route and determined that there will be a clearance of at least one (1) foot on each side of the vehicle, equipment and/or any possible obstruction existing along such route; (c)

No permit shall be issued unless: (i)

The applicant shall have secured and presented to the issuing officer all clearances required by any law, ordinance or

(ii)

regulation; There is more than one (1) foot clearance on each side of the

vehicle and/or equipment along the route to be followed; (iii) The issuing officer shall be satisfied that there are available sufficient pull out areas for the use in case of delay or breakdown; and (iv) The applicant shall have filed with the CTTMO, a certificate of any insurance carrier that there is a comprehensive automobile liability insurance policy covering said applicant and his authorized

agents,

executors,

s,

heirs

and

assignees for a minimum amount of Php 30,000.00 in case of bodily injury to or death of one or more persons in any accident or damage to or destruction of property; (d)

The CTTMO may, upon the department head’s discretion or any authorized representative, change and designate another route to be followed or the time during which the movement shall be made prior to the issuance of a permit.

SECTION 144. REGULATION AS TO MOVEMENT OF LOADS OF EXCESSIVE WIDTH ON CITY STREETS. (a)

Such loads of excessive width shall be moved or transported at any time upon the discretion of the issuing officer that may be diverted over an alternate route and where the flow of city traffic will not be unduly impeded by such movement;

(b)

The maximum speed of movement of such loads shall be 25 kilometers per hour;

(c)

When movements are permitted during daytime, such loads shall be marked at each corner by a red flag;

(d)

Page 42 of 90 Ord. No. 0334-12 When movements are made at night, such loads shall be lighted by at least one string of incandescent lamps spaced at a maximum of five (5) feet on center around the entire load. At least one lamp in string shall be located at each corner of the load. All such lamps shall be located not less than five (5) feet from the roadway surface.

In addition thereto, at least one (1) lamp shall be placed or located at each corner and at the lowest point of the load. All lamps located at the corners of the load shall be red in color and not less than one hundred (100) watts each, all others may be red, white or amber in color and shall not be less than fifty (50) watts each. Sufficient lanterns shall be provided of the colors specified for incandescent lamps to be used in the event of power failure or other similar emergency to insure that the minimum lighting required by this Traffic Code is maintained at all times; (e)

The vehicle or tractor carrying, transporting or drawing such load at night shall be equipped with at least two (2) flashing yellow lights of not less than six (6) inches in diameter which shall be mounted on each side at the front of the vehicle or tractor, near the headlight but not in the same horizontal line therewith;

(f)

All military tactical movements shall be exempted from the provisions of this Section.

SECTION 145. ING OF VEHICLES OVER FIVE (5) TONS ON SUBDIVISION ROAD ALREADY CONVERTED TO CITY ROAD. (a)

That except in cases of compelling necessity such as delivery of things and goods at places within the subdivision or in times of emergencies such as fires or in any form of conflagration or when authorized by the Sangguniang Panlungsod, it shall be unlawful for vehicles over five (5) tons in weight to enter, or make use of subdivision roads within the City of Davao;

(b)

That in cases of deliveries of things or goods at places within the subdivision, the prohibited vehicles shall in no case stay therein longer than one (1) hour and/or after the delivery has been made or completed.

Page 43 of 90 Ord. No. 0334-12 SECTION 146. PUBLIC TRANSPORT UTILITY VEHICLE WITH LESS THAN EIGHTEEN (18) ENGERS ING SECONDARY STREETS. (a)

Public transport utility vehicles with less than eighteen (18) engers seating capacity shall only be allowed to operate, ply or through secondary streets, thoroughfares or roads in the city subject to existing certificates of public convenience issued by the Land Transportation Franchising and Regulatory Board (LTFRB).

SECTION 147. MOVEMENTS OF TRAILERS, TRUCKS, OR ANY APPROVED TRANSPORTATION MEDIUM LINKED TO A CONTAINER VAN. No driver shall be allowed to operate a trailer or truck carrying 10, 20, 40, 45, 48, and 52 footer container vans in any city streets without safety locking device, to prevent such container van to be thrown off or separated from the trailer or truck while maneuvering on a bending, uneven or rough roads thereby principally causing a road traffic accident.

ARTICLE XXI TRUCK BAN AND PUBLIC TRANSPORT ROUTES

SECTION 148. TRUCK ROUTES AND LIMITED TRUCK BAN. (Ordinance No. 0154-03, Series of 2003; amending Ordinance No. 066-02, Series of 2002; amending Ordinance No. 042-02, Series of 2002) (a)

The entry and exit of cargo trucks, gravel and sand trucks and other heavy cargo trucks with more than six (6) wheels and up, or whose gross vehicle weight exceed 4,500 kilograms, including tractor trailers, containerized haulers, or refrigerated vans shall not be allowed to travel on any and all city streets of Davao City, except Saturdays, Sundays, Special and Non-Working Holidays, and along streets specified as truck routes shown in Appendix VI. The use of the truck routes shall be restricted to the hours of seven in the morning (7:00 a.m.) to nine in the morning (9:00 a.m.), and from five in the afternoon (5:00 p.m.) to eight in the evening (8:00 p.m.);

(b)

The City Mayor may, upon recommendation of the City Transport and Traffic Management Office, ban the access for limited hours of any cargo trucks and heavy vehicles on any other city street when conditions warrant and in order to ensure orderly traffic flow.

SECTION 149. VEHICLES EXEMPTED FROM LIMITED TRUCK BAN.

Page 44 of 90 Ord. No. 0334-12 1.

Without corresponding permit (a)

Government-owned garbage trucks or government-contracted garbage trucks;

(b)

Fire trucks;

(c)

Government-owned or private towing trucks responding to emergency situation;

(d)

Private utility trucks responding to emergency circumstances;

(e)

Trucks and vans carrying hospital or health-related cargo;

(f)

Armored trucks and vans of banks and financial institutions;

(g)

Trucks carrying fuel and petroleum products;

(h) Trucks carrying merchandise for purposes of donation and free distribution to various social welfare institutions;

2.

With corresponding permit (a)

Private cargo and hauling trucks carrying unprocessed fruits and vegetables, fresh water and marine products, live fowls and hogs, unprocessed/ unpreserved dressed chicken and or meat and the like, which are perishable in nature; and

(b)

Private transit concrete mixers and dump trucks for use or intended to be used for government projects;

3.

Application for exemption shall be filed at the City Transport and Traffic Management Office and shall pay corresponding annual permit fee of Php 5,000.00 per vehicle at the City Treasure’s Office which shall be deposited in the General Fund;

4.

A driver/operator/owner of a truck without exemption permit, in reference to paragraph 2 of this Section, shall be penalized as shown in Appendix V.

Page 45 of 90 Ord. No. 0334-12 SECTION 150. PAYMENT OF FINE. a.

Failure of driver/operator/owner of the truck, with business permit issued by the City Government of Davao, to pay the penalty within ten (10) days from date of apprehension for violating paragraph (a), Section 151, shall cause immediate suspension of business permit; or

b.

If the truck is covered by business permit issued by other local government units, the vehicle shall be impounded at the city impounding area and shall be released only if fine and impounding charges is fully paid; and

c.

On succeeding violations, paragraph b of this Section shall apply including payment of applicable istrative fine under the city’s local tax ordinance.

SECTION 151. REGULATING THE OPERATION OF PUBs AND PUJs. Any application of public utility buses and jeepneys, including taxis and shuttle vans, for franchise and routes with the Land Transportation Franchising and Regulatory Board, which terminates or originates within the City of Davao, shall be subject to preliminary evaluation and recommendation of the City Transport and Traffic Management Office, for consideration of the City Transport and Traffic Management Board and for endorsement to the Sangguniang Panlungsod for approval. SECTION 152. ROUTES OF PUBLIC UTILITY BUSES AND JEEPNEYS. Public utility buses and jeepneys, including taxis and shuttle vans with valid authorization from the Land Transportation Franchising and Regulatory Board and whose routes terminates or originate within the City shall furnish the City Transport and Traffic Management Office a copy of their approved routes prior to this Code;

Without necessarily modifying their basic authorized routes, the City Transport and Traffic Management Office may adjust the turning points and terminal of public utility buses and jeepneys, prescribe their loading or unloading points, and/or require them to utilize engers interchange terminals, if so required by an approved traffic improvement scheme. SECTION 153. MOTORIZED TRICYCLES-FOR-HIRE AND TRISIKAD. In the granting or revision of routes or areas of operations, the recommendations of the City Transport and Traffic Management Office shall be given consideration to ensure safety and minimize their traffic impact. In no case shall tricycles or trisikad be permitted to run along national roads with heavy traffic, nor operate along public utility bus or jeepney routes. In the

Page 46 of 90 Ord. No. 0334-12 absence of off-street tricycle terminals or stations, the number of tricycles operating or to be operated maybe restricted or curtailed on a thoroughfare to minimize traffic congestion; in such a situation, no additional units shall be franchised. ARTICLE XXII PEDESTRIAN RIGHTS AND DUTIES (Article XIII of Ordinance No. 778, s. 1973)

SECTION 154. PEDESTRIAN CROSSING. (a)

A driver of a vehicle approaching a pedestrian crossing shall travel at a speed that, if necessary to comply with this Section, the driver will be able to stop the vehicle before reaching the pedestrian crossing;

(b)

A driver shall give way to any pedestrian who is on a pedestrian crossing;

(c)

A driver shall not permit any portion of the vehicle to enter upon a pedestrian crossing even if any vehicle headed in the same direction is stopped on the approach side of, or upon pedestrian crossing apparently for the purpose of complying with this Section;

(d)

A driver of a vehicle turning or intending to turn right or left shall yield to any pedestrian who is on a pedestrian crossing;

(e)

When a vehicle is stopped to give way to a pedestrian, the driver of a vehicle approaching from the rear shall not overtake or attempt to such stopped vehicle.

SECTION 155. DUTIES OF PEDESTRIANS. (a)

A pedestrian:

Shall cross a thoroughfare at marked crosswalk, pedestrian crossing, pedestrian over, or pedestrian footway;

(b)

When on a footway, marked cross-walk, or pedestrian crossing, shall keep as close as practicable to the right side of the footway;

(c)

When crossing a thoroughfare at an intersection shall keep right of pedestrian crossing in the opposite direction;

(d)

Page 47 of 90 Ord. No. 0334-12 When crossing a thoroughfare or portion of a thoroughfare shall do so promptly by the shortest and most direct route, as may be practicable, to the thoroughfare boundary; and

(e)

A pedestrian or enger shall board or alight from PUJ in designated PUJ Loading and Unloading Zone.

not:

SECTION 156. RESTRICTIONS ON PEDESTRIANS. A pedestrian shall

(a)

While waiting to board a vehicle stand on any portion of the thoroughfare;

(b)

Proceed from footway towards a vehicle that has not fully stopped for the purpose of boarding it;

(c)

Alight from or board a moving vehicle, or do so at an area where loading and unloading is prohibited;

(d)

Remain on a pedestrian crossing, or marked cross-walk longer than necessary for the purpose of ing over the thoroughfare with reasonable dispatch; and

(e)

Stand up a footway or thoroughfare so as to inconvenience, obstruct, hinder or prevent the free age of any pedestrian or any vehicle.

SECTION 157. PEDESTRIANS ON THOROUGHFARES. Except when there is a sidewalk or footway, a pedestrian: (a)

Proceeding along a thoroughfare shall, when practicable, travel on the thoroughfare or side of the thoroughfare used by vehicles traveling in the opposite direction, and shall keep close as the pedestrian can to the boundary of the thoroughfare on the left of the pedestrian;

(b)

Shall not proceed along a thoroughfare abreast of more than one (1) pedestrian, except in a procession or parade authorized by the proper authority.

SECTION 158. PENALTIES. Erring pedestrians under this Article shall be cited and issued Pedestrian Citation Receipt (PCR) and be penalized with a fine as indicated in Appendix V (Schedule of Fines and Penalties) or four (4) hours community service to be determined by the CTTMO in coordination with the City Social Services and Development Office (CSSDO).

Page 48 of 90 Ord. No. 0334-12

ARTICLE XXIII USE OF SOME TECHNOLOGIES FOR THE OPERATION OF NO-PHYSICAL APPREHENSION SECTION 159. INSTALLATION AND USE OF VIDEO CAMERA. The City Transport and Traffic Management Office shall install authorized video camera or CCTV in strategic places into different roads, streets, and highways of Davao City to record traffic violations. SECTION 160. USE OF SPEED CAMERA/GUNS TO APPREHEND OVER SPEEDING MOTOR VEHICLES. Motor vehicles violating speed limits as provided by speed limit signs strategically erected along roads, streets, and highways shall be recorded by duly authorized City Traffic Enforcement Officer using authorized LIDAR (Light Detection and Ranging) speed guns, or other vehicle speed recording technology and take photos and videos as evidence of violation. SECTION 161. USE OF VIDEO/DIGITAL CAMERA TO APPREHEND VIOLATORS. Whenever a motor vehicle without a driver is found illegally parked as provided in Article X and Article XI Section 62 (c) (i), Section 63 (b), (d) and (e) shall be recorded by CTTMO or by duly authorized City Traffic Enforcement Officer using authorized digital camera and take photos as evidence of violation, and may take information displayed on the vehicle which may identify its and shall conspicuously affix to such vehicle a duplicate copy of the summon for the owner/driver of the motor vehicle, and consequently the CTTMO shall immediately send the original copy of the summon to the violator with the photo/s of the vehicle and place where the violation was committed, and the traffic citation ticket as attachments to answer the charge against him/her within seven (7) days during the hours and at a place specified in the summon. SECTION 162. AUTHORIZED PERSONNEL TO USE DIGITAL CAMERA. The “no-physical apprehension” policy shall be strictly observed by City Traffic Enforcement Officers who are issued digital cameras in apprehending traffic violators. ARTICLE XXIV MISCELLANEOUS PROVISIONS SECTION 163. OFFICIAL PUV DRIVER IDENTIFICATION CARD. (a)

No person shall drive a Public Utility Vehicle (PUV) such as public utility jeepneys, taxi cabs, motorized tricycle-for-hire, enger

Page 49 of 90 Ord. No. 0334-12 vans, school transport service vehicles, with approved franchise plying within the territorial jurisdiction of the City of Davao, without bearing an official identification card, issued by the City Transport and

Traffic

Management

Office,

and

shall

be

displayed

conspicuously inside the vehicle; provided however, that public utility buses and trucks for-hire are not covered by this paragraph;

(b)

Prior to the issuance of new or renewal of driver’s license from the Land Transportation Office, an official identification card from the City Transport and Traffic Management Office shall be secured by a PUV driver through mandatory attendance to seminar on safety driving, road safety, road courtesy, discipline, traffic rules and regulations, and city traffic code conducted by the City Transport and Traffic Management Office in cooperation with national agencies concerned

regarding

transport

and

traffic

laws,

rules

and

regulations; (i)

The official identification card shall bear information on the driver which includes: name of the driver and picture, city residential address, control number, date of issuance and expiration date, and other important information as determined by the City Transport and Traffic Management Office.

SECTION 164. OBSTRUCTION TO DRIVER’S VIEW OR DRIVING MECHANISM. (a)

No person shall drive a vehicle when it is so loaded, or when there are in the front seat such number of persons exceeding two (a driver and 1 enger for taxi, enger van and private vehicle) while three (3) for trucks, so as to obstruct the view of the driver to the front or sides of the vehicle as to interfere with the driver’s control over the driving mechanism of the vehicle;

(b)

No enger in a vehicle shall ride in such a position as to interfere with the driver’s view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle.

SECTION 165. FOLLOWING EMERGENCY VEHICLES. A driver of any vehicle shall not follow any emergency vehicle traveling in response to any emergencies closer than 50 meters or approximately 165 feet; provided however

Page 50 of 90 Ord. No. 0334-12 the driver of any vehicle shall not drive into or parked within the block where a fire apparatus has stopped in answer to fire alarm. SECTION 166. PUTTING GLASS, ETC. ON CITY ROAD OR HIGHWAY. No person shall throw or deposit upon any city road or highway, any bottle, glass, nails, tacks, wires, cans, wood, used tires, or any substance such as, but not limited to, automotive oil or fluid that are likely to injure any person, animal or vehicle. SECTION 167. TRACKING MUD UNTO CITY ROAD OR HIGHWAY. No vehicle using the city street or highway shall track mud or dirt unto the traveled portion of such city road or highway in such quantities that will constitute a hazard when the roadway is wet, or obscure the painted pavement markings thereon. In the event that the mud or dirt is unavoidably tracked unto the city road or highway, it shall be the duty of the owner of the offending vehicle to have such mud or dirt removed as quickly as possible.

SECTION PROCESSIONS. (a)

168.

DRIVING

THROUGH

FUNERAL

OR

OTHER

No person shall drive a vehicle between the vehicles comprising a funeral or other authorized procession while they are in motion. When the lead car of any funeral or other processions shall have entered any intersection, notwithstanding the light conditions at those intersections controlled by traffic signal devices, then all other traffic shall yield the right of way to all vehicles comprising such funeral or other procession until it has ed through the intersection. The foregoing provisions of this Section shall apply only to such funeral or other processions moving under police escort;

(b)

No funeral, procession, assembly, or parade containing 100 or more persons or 25 or more vehicles, excepting the Armed forces of the Philippines and the forces of the Police and Fire Departments, shall occupy, march or proceed along any city street except in accordance with a permit issued by the City Transport and Traffic Management Office and such other regulations as set forth herein which may apply;

(c)

A funeral procession composed of any number of vehicles shall be identified as such by the conspicuous display on the top center of each vehicle a banner not less than 20 centimeters or 8 inches long and 10 centimeters or 4 inches wide predominantly black or violet in color, with a word FUNERAL printed on both sides thereof, in letters

Page 51 of 90 Ord. No. 0334-12 no less than 4 centimeters or 1.5 inches in height and the display on the top center of both lead vehicle and the end vehicle of a flashing amber light. While in the procession each driver shall turn on the head lamps of his/her vehicle as further identification. SECTION 169. RESTRICTING ANIMALS AND LIVESTOCK ON CITY ROAD AND HIGHWAY. (a)

No person owning, controlling or having the possession of any livestock or animals such as cattle, horses, swine, goats, canine, etc., shall negligently permit any such livestock or animals to stray upon or remain unaccompanied by person in-charge or control thereof, upon any city road or highway;

(b)

No person shall drive or lead any such livestock upon, or across any city road or highway, without keeping a number of herders on continual duty to open the road so as to permit the age of vehicles.

SECTION 170. OPERATION OF PUBLIC UTILITY JEEPNEYS. (a)

It is shall be prohibited for driver or owner or operator of PUJ to install or equip car stereo, radio, or any audio gadgets in PUJ so as

not to attract the driver to switch on thereby impeding the hearing capability of the driver; (b)

No driver and conductor of PUJ shall conduct engers wearing short pants, sleeveless shirt, slippers, headphones/earphones, using cellular phone while driving, and smoking while driving;

(c)

It is shall be required from owner or operator of PUJ for their hired driver and conductor to be ed with the CTTMO;

(d)

It shall be prohibited for driver to conduct engers outside the routes approved by LTFRB;

(e)

It shall be prohibited for driver of PUJ to do “trip-cutting” to the disadvantage of the riding public; Trip-cutting or cutting-trip: a violation of LTFRB-approved route in transporting engers where the driver of the PUJ cut short the trip which usually occurs when only a few engers are left to and from its original destinations;

Page 52 of 90 Ord. No. 0334-12 (f)

It is prohibited for driver of PUJ to divert or use other city roads aside from its approved route; except such road diversion is caused by untoward weather conditions or natural disasters, road accidents that impede smooth traffic flow or other activities where temporary rerouting is allowed by CTTMO or traffic enforcement officer on duty.

SECTION 171. FABRICATION/MANUFACTURING DESIGNED/BUILT PUBLIC UTILITY VEHICLE. (a)

OF

LOCALLY-

A shop owner/fabricator/manufacturer of locally-designed/built body or cab of public utility vehicle where such public utility jeepney and

motorized

tricycle-for-hire,

operating

in

the

territorial

jurisdiction of the City of Davao, shall the shop or enterprise with CTTMO. An annual registration fee of five hundred pesos (Php 500.00) shall be paid to the City Treasurer’s Office under the Traffic Management Trust Fund; (b)

All ed shop fabricating and manufacturing body for PUJ, MTH, Non-motorized tricycle or Pedicab, shall secure a permanent body serial number from the CTTMO during registration. The procedure on the issuance and asg permanent body serial number

shall

be

included

in

the

implementing

rules

and

regulations; (c)

It shall be the responsibility of the owner/operator of a ed shop to embed a enger Cab Chassis Number (PCCN) to a fabricated or manufactured body; provided however, that any completed enger body being used for conducting enger

without bearing a PCCN shall be impounded where both the owner/driver of the vehicle and the fabricator/manufacturer of the body shall be penalized aside from paying impoundment fees and charges; (d)

A shop owner/fabricator/manufacturer of locally-designed/built body or cab of public utility vehicle shall report the number of units fabricated or manufactured every six (6) months to the CTTMO; provided however, that CTTMO shall provide the forms use in reporting;

(e)

Page 53 of 90 Ord. No. 0334-12 It shall be the responsibility of shop owner/fabricator/manufacturer of locally-designed/built body or cab of public utility vehicle to install, mount or fit an engine according to locally-approved standards as provided in the implementing rules and regulation of this Code; provided however, that violation of this paragraph shall subject the owner of the shop to penalty and the CTTMO shall immediately recommend to the City Mayor the closure of the shop;

(f)

Before release of completed/finished product to the owner of vehicle, it shall be subject to final inspection by the CTTMO as to its road worthiness based on the approved standards. An inspection fee of Two Hundred Pesos (Php 200.00) shall be paid by the owner of the vehicle to the City Treasurer’s Office which shall be deposited under the Traffic Management Trust Fund;

(g)

Existing public utility vehicle which do not conform to the approved standards shall be recommended for cancellation of franchise of the public utility jeepneys to the LTFRB and the franchise of the motorized tricycle for hire by the CTTMO to the City Mayor;

(h) CTTMO shall coordinate with the LTFRB for the inspection of locally designed/built public utility vehicle not fabricated / manufactured in Davao City prior to the application of franchise with LTFRB. An inspection fee of Five Hundred Pesos (Php 500.00) shall be paid by the owner of the vehicle to the City Treasurer’s Office which shall be deposited under the Traffic Management Trust Fund; (i)

This Section excludes motor vehicles such as taxis, buses and enger vans used as public utility vehicles.

SECTION 172. OPERATION OF MOTORCYCLES, ETC. (a)

A person shall not drive or ride upon a motorcycle unless that person is wearing a safety helmet on his/her head securely fastened under the chin of the wearer;

(b)

A safety helmet referred to in paragraph (a) herein shall comply with the standard set by the Department of Trade and Industry;

(c)

A person shall not drive a motorcycle while wearing a safety helmet to which is attached an eye protector unless that eye protector complies with the standard set by the Department of Trade and Industry;

Page 54 of 90 Ord. No. 0334-12 (d)

A person driving a motorcycle shall always turn on the headlight of the motorcycle while driving along any city road or highway;

(e)

It shall be prohibited for driver of motorcycle, while moving along city road or highway (i)

to have riders of more than one person;

(ii)

to carry a child age seven (7) years old and below or have enger where the foot of the rider does not reach the rear footrest of the motorcycle;

(iii) to have riders in front of the driver; (iv) to have cargo in front of the driver; (v)

without shirt, wearing slippers, with headphones/ earphones, using cellular phone, and smoking while driving;

(vi) or any motorcycle to use the inner lane of city thoroughfare. SECTION 173. IMPROVISED MUD-GUARD. It is prohibited for driver/operator of any moving motorized vehicle to attach an improvised mudguard at the back of the vehicle with height clearance less than 20 centimeters or eight (8) inches from road surface when the vehicle is loaded. SECTION 174. PRODUCTION OF DRIVER’S LICENSE TO TRAFFIC ENFORCEMENT OFFICER. No person shall drive a motor vehicle on city road or highway unless he/she has a valid driver’s license issued by the Land Transportation Office for that type of vehicle. (a)

Any person who drives a motor vehicle on a road shall carry his/her driver’s license with him/her at all times;

(b)

Any person driving a motor vehicle on the road shall, when requested to do so by a City Traffic Enforcement Officer or any officer and staff of the CTTMO, or any authorized person, produce his/her license for inspection and state his/her true name and address;

(c)

In this Section “authorized person” means a person in uniform authorized by this Code or under any Act to require a driver of a motor vehicle on a road to produce his/her driver’s license;

(d)

A bona fide tourist or transient who is holding an international driver’s license may be permitted to operate a motor vehicle in the

Page 55 of 90 Ord. No. 0334-12

Philippines for a period not exceeding the expiry date of said license, or in accordance with international agreements to which the Philippines is a signatory; (e)

A person who knowingly drives a motor vehicle without having secured a priori any appropriate license is guilty of major offense, and shall be punishable in accordance with the penalty under Appendix V.

SECTION 175. CONDUCT OF STUDENT PRACTICE DRIVING BY DRIVING SCHOOLS. (a)

It shall be prohibited for the owner/operator of a driving school to conduct student practice driving along city roads and highways without being accompanied by driving

instructor from the

concerned driving school with driver’s license duly issued by LTO; (b)

Student practice driving shall only be conducted along city roads and highways from 9:00 A.M. to 11:00 A.M. and 2:00 P.M. to 4:00 P.M. daily except Mondays and Fridays;

(c)

Any violation committed on paragraph (a) or par (b) of this Section shall be cited and penalized with istrative fines as follows: (i) First offense P1,000.00 plus warning (ii) Second offense P2,000.00 plus warning (iii) Third and subsequent offenses P5,000.00 and recommend for non-renewal of business permit

(d)

A duly licensed driving school operating within the territorial jurisdiction of Davao City shall be ed with the CTTMO for purposes of monitoring driving schools with a registration fee of One Thousand Pesos (P1,000.00) annually. The registration fee shall be payable at the City Treasurer’s Office to be deposited to the Traffic Management Trust Fund; provided however, that the non-payment of regulatory fee, the driving school shall be made to pay the registration fee plus a fine in the amount of not more than fifty percent (50%) of the amount of the regulatory fee; provided further that an additional fine of twenty-five percent (25%) of the registration shall be collected from the driving school every day until the payment has been made.

Page 56 of 90 Ord. No. 0334-12 SECTION 176. OPERATION OF STUDENT CARPOOL TRANSPORT SERVICE (a)

Owner/operator/provider of student carpool transport service shall have a uniform “yellow” color body paint accented with “black” color chevron as prescribed by the CTTMO;

(b)

The driver of student carpool transport service shall wear a white polo shirt with the name of the driver printed on the left breast while the name of the owner/operator/company name on the right breast of the white polo shirts;

(c)

Owner/operator/provider of student carpool transport service shall comply with applicable guidelines issued by LTFRB on school transport service;

(d)

A

person,

cooperative,

or

corporation

intending

to

own/operate/provide or currently operating a student carpool transport service shall with the CTTMO for purposes of monitoring the welfare and safety of the enger, with an annual carpool transport fee of P2,000.00; (e)

The owner/operator/provider of student carpool transport service shall cause the registration of the driver of the vehicle used as student carpool transport service with registration fee of P500.00 per driver.

SECTION 177. REGULATING THE CONSTRUCTION OF DRIVEWAY, CARWASH SERVICES, AND MOTOR VEHICLE REPAIR SHOP. (a)

The owner of a building or commercial establishment with existing driveway abutting a city road, street, or highway within a public parking pay zone shall pay an annual driveway permit fee of P1,000.00;

(b)

The owner/operator of existing carwash business operation with location abutting a city road, street or highway within a public parking pay zone, with no fixed vehicle entrance/exit facility, shall pay an annual driveway permit fee of P1,000.00;

(c)

The owner/operator of existing motor vehicle repair shop with location abutting a city road, street or highway, with no fixed vehicle entrance/exit facility shall pay an annual driveway permit fee of P1,000.00; and

Page 57 of 90 Ord. No. 0334-12 (d)

The owner of a building or commercial establishment with existing driveway, and the owner/operator of existing carwash business, including motor vehicle repair shop, shall pay a driveway permit fee within three (3) months upon approval of this Code; provided however, that driveways located within public and private residential subdivisions, not used for commercial or business operations, are exempted from paying driveway permit fee;

(e)

Violation of this Section shall have a fine as follows: (i) (ii)

(iii)

First offense Second offense

Third and subsequent offenses

P1,000.00 plus warning P3,000.00 plus warning

P5,000.00 and recommend for non-renewal of business permit

SECTION 178. PRODUCTION OF VEHICLE REGISTRATION DOCUMENTS TO TRAFFIC ENFORCEMENT OFFICER. No person shall drive a motor vehicle on city road or highway unless he/she has the original vehicle registration documents issued by LTO. Provided however, that in lieu of the original vehicle registration documents, a certified true copy or photocopy thereof may be carried in the motor vehicle he/she is driving or operating. (a)

Any person who drives a vehicle on a road shall carry his/her OR and CR with him/her at all times;

(b)

Any person driving a motor vehicle on the road shall, when requested to do so by a City Traffic Enforcement Officer or any officer authorized by the CTTMO, or any authorized person, produce his/her OR and CR for inspection and state his/her true name and address;

(c)

In this Section “authorized person” means a person in uniform authorized by this Code or under any Act to require a driver of a motor vehicle on a road to produce his/her OR and CR;

(d)

A person who knowingly drives a motor vehicle without having secured a priori any appropriate registration documents is guilty of major offense, and shall be punishable with the highest fine under Appendix V.

SECTION 179. OPENING DOORS AND ALIGHTING FROM VEHICLE. A person shall not open or leave open a door of a vehicle or alight except the

Page 58 of 90 Ord. No. 0334-12 driver but with dash from a vehicle unto a thoroughfare, so as to cause danger to other person using the road or so as to impede the age of traffic. SECTION 180. OPENING DOORS AND ALIGHTING FROM PUBLIC UTILITY BUS AND ENGER VAN. A driver, conductor, or any person of a enger utility bus or enger vans shall not open or leave open a door of a bus or enger van for purposes of soliciting engers or allowing enger to alight from a vehicle unto a thoroughfare while operating within the territorial jurisdiction of Davao City. SECTION 181. USE OF HORNS, ETC. (a)

No person shall use or cause to be used the horn or any other warning instrument on a vehicle, except when necessary as a traffic warning or an indication that the driver of the vehicle intends to overtake another vehicle;

(b)

No person shall attach, use or cause to be used the siren, bell, repeater horn or any other warning device that are used by fire truck, ambulance, police in responding to emergency situations.

SECTION 182. MODIFICATION OF MUFFLER ON MOTORCYCLE SUBJECT TO THE PROVISIONS OF ARTICLE XV OF THIS CODE. (a)

It is prohibited for a person to drive a motorcycle or motorcycle with sidecar or centercar with modified muffler or detached muffler or without a muffler;

(b)

Any person driving motorcycle or motorcycle with sidecar or centercar with modified muffler or detached muffler or without a muffler, aside from payment of fine, shall likewise be penalized by impoundment of the motorcycle unit at the city impoundment area;

(c)

The owner/driver of apprehended motorcycle unit shall cause the installation of suitable factory-designed DTI-approved replacement muffler, or reinstallation of original muffler of the motorcycle by a repairman at the choice of the driver/owner;

(d)

The owner/driver of apprehended motorcycle shall bear the cost of the purchase and installation of suitable factory-designed DTIapproved replacement muffler, or reinstallation of the original muffler,

fee

for

impoundment fee;

the

repairmen,

including

the

payment

of

Page 59 of 90 Ord. No. 0334-12 (e)

Installation of suitable factory-designed DTI-approved replacement muffler or reinstallation of the original muffler shall be done exclusively in the city impoundment area;

(f)

Only a motorcycle with completely installed/reinstalled muffler and upon payment of appropriate impounding fee shall be released by the designated officer-in-charge of the impoundment area.

SECTION 183. OBSTRUCTING ROADS. (a)

No person shall drive or leave standing or waiting any vehicle on a road for the following purpose: (i) for soliciting services or business from the vehicle; (ii) by displaying an installed ment on the vehicle; or (iii) by offering goods for sale from the vehicle.

(b)

No person shall stand or place himself/herself on a thoroughfare for the purpose of soliciting contributions, displaying any ment or offering goods for sale;

(c)

No person in a vehicle shall buy or offer to buy an article from any person standing or placed on a road;

(d)

A person, natural or juridical, including government agencies and instrumentalities shall not bar, impede or divert the flow or direction

of traffic from any road, streets or highway, unless authorized in writing or except when the closure of a road or any part thereof to traffic or the diversion of traffic is dictated by reasons of emergency to protect the public from any calamity, fire or other public danger; (e)

Stalled vehicles on thoroughfares shall be construed as obstructing traffic if not removed or towed within 5 minutes;

(f)

The prohibition contained in this section shall also apply to the use of sidewalks and road shoulders by vendors, repair shops, or any business establishments as extension to display their merchandise or services.

SECTION 184. DIGGINGS AND EXCAVATION ON EXISTING ROADS.

(a)

Page 60 of 90 Ord. No. 0334-12 It is unlawful for any person or entities, whether on their own or as contractors to any government agency, local or national, to excavate or dig for purposes of installing water pipes, telecommunication lines, poles, drainage pipes, and other underground facilities, within city roads, streets, thoroughfares, and alleys, including highways without first securing an excavation permit from the City Traffic and Transport Management Office and City Engineer’s Office, except in cases of emergency, provided that the permit should be secured within three (3) calendar days from the emergency work;

(b)

The application for temporary closure of a road or part of the road, due to diggings and/or excavation shall be submitted to the CTTMO together with a traffic plan which shall be evaluated first by the City Traffic and Transport Management Office so that a timetable, remedial steps, and other precautions can be undertaken to minimize the adverse effect on traffic flow;

(c)

Excavators and/or diggers must at all times put up reflectorized signs based on the DPWH standards on road signs and pavement markings for precautionary measures to motorists and pedestrians alike or safety signs warning of the excavation work ahead;

(d)

All dug or excavated areas must be properly restored to its original form under the standard specification for road construction. To ensure restoration, the party undertaking the digging or excavation shall post a bond at one hundred fifty percentum of the cost to restore the same, the amount to be determined by the City Engineer. The bond shall be forfeited in favor of the City Government of Davao if restoration work is not commenced within ten (10) days of completion of the excavation and completed the same number of days for which the excavation has been authorized. It shall be released within five (5) days after the determination by the City Engineer or his authorized representative that the road has been restored satisfactorily.

SECTION 185. PROVISION OF WATER AND AIR FACILITIES IN FUEL REFILLING STATION. (a)

Fuel refilling station with two or more refilling units shall provide a functional water and air facilities which shall be available to motorists on a 24-hour basis or during the hours of operations of the fuel refilling station as part of the services without any fee;

(b)

Page 61 of 90 Ord. No. 0334-12 If the facility is under repair, the owner/operator of the fuel refilling station shall cause to post a notice to motorists that services is not available; provided however that the facility shall be fixed within two (2) days from the day the services becomes unavailable or for a number of days but not more than five (5) days upon receipt of a written request to the CTTMO by the owner/operator;

(c)

A notice shall be furnished to all owners/operators found to have violated this section upon the full implementation of this Code and shall serve as a warning against such initial violation. Thereafter, all violators of this provision shall be subject to the following: (i) (ii) (iii)

First offense Second offense Third and subsequent offenses

a fine of P1,000.00 a fine of P2,000.00 a fine of P5,000.00 and nonrenewal of business permit

SECTION 186. ACCESS RESTRICTION ON SOME ROADS. (a)

It shall be unlawful for any person, natural or juridical, to close, obstruct, prevent, or otherwise refuse to the public or vehicular traffic the use of free access to any subdivision or community street owned by the government and within the jurisdiction of the City Government of Davao, or to exact fees in any form for the use thereof, unless with prior authorization from the Sangguniang Panlungsod. Such act is hereby declared a nuisance per se and the City Mayor is hereby authorized to remove such closure or obstruction and to open said road to the public motu propio at the expense of the offender;

(b)

Private subdivision roads and/or private roads not turned over to the City may be opened to the public under the following conditions: (i)

The road will strengthen the road network and provide traffic relief to nearby roads that are congested as maybe determined by the CTTMO;

(ii)

The Sangguniang Panlungsod has approved its opening, under such and conditions that will minimize or obviate any disturbances, pollution, or inconvenience to the residents in the area.

Page 62 of 90 Ord. No. 0334-12 SECTION 187. REQUIREMENT OF TRANSPORT/TRAFFIC IMPACT ASSESSMENT. (a)

All major commercial, industrial, housing and condominiums, institutional developments, including government institutions and other similar developments, as may be determined by the City Traffic and

Transport

Management

transportation/traffic

impact

Office,

assessment

shall to

the

submit

a

CTTMO

for

evaluation and recommendation of approval to the City Transport and

Traffic

Management

Board

as

preliminary

documentary

requirement in the application of Building Permit; (b)

The transportation/traffic impact assessment shall be prepared, signed, and sealed by a transportation engineer or planner certified by the Environmental Management Bureau and the National Center for Transportation Studies or licensed environmental planner duly recognized by the Professional Regulations Commission.

SECTION 188. PROHIBITION ON PRODUCTION OF ROAD SIGNS. (a)

It is unlawful for any person, natural or juridical, or any government instrumentalities,

except

for

the

City

Transport

and

Traffic

Management Office, to manufacture, fabricate, install, and erect, traffic sign and/or signal and/or pavement marking on city road, thoroughfare, and highway. The use of logo or emblem of a company on any unauthorized road sign shall be prima facie evidence that said road sign was erected by the owner of the logo or emblem. SECTION 189. MOTORCYCLE DEALER, DISTRIBUTOR, ETC. (a)

It is prohibited for motorcycle dealer/distributor to sell motorcycle to buyer without requiring the buyer to show his/her driver’s license in reference

with

the

restriction

code

issued

by

motorcycle

dealer/distributor

the

Land

Transportation Office; (b)

It

is

prohibited

for

to

release

motorcycle to buyer without approved registration documents under the name of the dealer/distributor from Land Transportation Office; (c)

It is prohibited for dealer/distributor to sell motorcycle spare parts, including crash/safety helmet without genuine PS (Philippine Standard) or ICC (Import Commodity Clearance) seal;

(d)

It is required of motorcycle dealers to furnish CTTMO on a monthly basis inventory report of their stock using Inventory Report Form issued by the CTTMO for data-banking purposes.

Page 63 of 90 Ord. No. 0334-12

SECTION 190. INFORMATION, EDUCATION CAMPAIGN. In order to ensure comprehensive implementation of this Code, the City Traffic and Transport Management Office shall institutionalize a continuing information and education activities to city traffic enforcers, drivers of vehicles, and the general public through various kinds of media such, as but not limited to, seminars, barangay pulong-pulong, posters, leaflets, driver’s handbook, or may be radio program that would maximize the city government’s reach to educate its constituents; provided however, that the City Government of Davao can enter into a private-public partnership in the promotion of this Code to the public. SECTION 191. MANDATORY REVIEW EVERY THREE YEARS. The Sangguniang Panlungsod shall undertake a mandatory review of this Code at least once every three (3) years and as often as it may deemed necessary, with the primary objective of providing a more responsive and improved transport and traffic management policy of the City Government of Davao. ARTICLE XXV PENALTIES AND PROCEDURE SECTION 192. PROCEDURES IN THE ISSUANCE OF CITY TRAFFIC CITATION TICKETS TO VIOLATORS OF THIS CODE. Except when authorized or directed by law to immediately take a person for violation of any traffic laws before a Court, the following procedures shall be observed in the apprehension of any person found violating any provision of this Code: (a)

In case of drivers of motor vehicles, the City Traffic Enforcement Officer or deputized traffic officer, shall demand presentation of the driver’s license and registration documents of the motor vehicle. The apprehending city traffic enforcement officer shall then indicate the name and address of the driver, the license number, plate number, and the issuing agency of the driver’s license in the city traffic citation ticket. The name and the address of the owner and the ing agency of the vehicle, including the certificate of registration number, shall likewise be indicated therein. The apprehending officer shall stipulate the specific violation and furnish copy of the citation ticket to the person apprehended. The city traffic citation ticket shall also contain information which shall require him/her to answer the same at the time and place

Page 64 of 90 Ord. No. 0334-12 designated in the citation ticket within seven (7) days after such violation; (b)

In case of business establishment found violating the provision of traffic obstruction, the City Traffic Enforcement Officer demand

the presentation

of Mayor’s

shall

Permit, or in case

of

construction, the Building Permit; and indicate the name and address of the owner and the corresponding Mayor’s or Building Permit number, the particular provision violated and furnish copy of said citation ticket;

(c)

In case of pedestrian found violating this Code, he/she shall be taken to the City Treasurer’s Office or to the nearest location in the area where an authorized City Treasurer’s bonded collection officer is available to pay appropriate penalty. In the event of inability to pay the fine, that person shall render a community service of not less than four (4) hours, or if that person decides to contest his/her apprehension, he/she can file a complaint at the Adjudication Committee Enforcement

of

the

CTTMB,

the

apprehending

Officer shall immediately

City

Traffic

file the corresponding

complaint before the Office of the City Fiscal. SECTION 193. FAILURE TO OBEY SUMMONS. Upon receipt of City Traffic Citation Ticket, any person who fails to appear at the place and within the time specified in the city traffic citation ticket issued to him/her by the City Traffic enforcer cited for any violation, is guilty of non-appearance with corresponding penalty of Five Hundred Pesos (Php500.00) regardless of the disposition of the charge of which originally cited. SECTION 194. SUMMONS ON ILLEGALLY PARKED VEHICLES. Whenever any motor vehicle without driver is found parked or stopped in violation of any of the restrictions contained in this Code, the officer finding the vehicle shall note down the plate number and may take any information displayed on the vehicle which may identify its , and shall conspicuously affix to such vehicle a summon for the driver to answer the charge against him/her within seven (7) days during the hours and at a place specified in the summon. SECTION 195. FAILURE TO COMPLY WITH SUMMONS ATTACHED TO PARKED VEHICLE. Non-compliance to summons shall be construed as a waiver of right to contest the citation. All violators issued with summons shall be liable for the payment of the fine corresponding to the violation committed.

Page 65 of 90 Ord. No. 0334-12 In the event that a violator of the restrictions on stopping, waiting, standing or parking under this Code does not appear within a period of seven (7) days in response to a summon affixed to a motor vehicle, the City Transport and Traffic Management Office shall issue to the ed owner of such vehicle another summon ordering his appearance before the City Transport and Traffic Management Office. SECTION 196. WHEN COMPLAINT BE ISSUED. In the event any person fails to comply with a summon or citation given to him/her or attached to a vehicle or if any person fails or refuses to deposit bail as required and within the time permitted, the City Transport and Traffic Management Office shall have a complaint entered against such person in the proper court; Aside from filing of the appropriate action before the Court, the following istrative remedies for enforcement shall be undertaken:

(a)

For traffic and driving related violations, the City Transport and Traffic Management Office shall communicate with the Land Transportation Office to hold in abeyance the renewal of driver’s license or vehicle registration until clearance has been obtained from the City;

(b)

For violations under “no physical apprehension” policy, nonpayment of fines and penalties within the prescribed number of days shall subject the erring vehicle to be up for apprehension by the PNP Highway Patrol Group, Land Transportation Office traffic officers, PNP Traffic Division and the City Traffic Enforcement Officers;

(c)

For other violations, the City Transport and Traffic Management Office shall immediately request for the cancellation of the permit and the issuance of closure from the City Mayor. In the event that the owner of the thing or object causing obstruction on the sidewalk to city streets could not be determined, the City Transport and Traffic Management Office shall cause its removal or impoundment.

SECTION 197. VIOLATIONS AND/OR OFFENSES UNDER FORMER ORDINANCE SAVED. Nothing contained in any provision of this Code shall apply to an act done or omitted, or to an offense committed at any time before the day that this Code shall become effective. Such act or omission shall be

Page 66 of 90 Ord. No. 0334-12 governed by and any such offense shall be punished according to the provisions of the ordinances existing when such act, omission or offense occurred in the same manner as if this Code had not been enacted. SECTION 198. PENALTY. (a)

Any violations of the provisions of this Code shall be punishable with fines indicated in Appendix V (Schedule of Fines and Penalties) hereof;

(b)

Where the violator is not a driver, a written notice or citation ticket to the offending party shall be issued by the City Traffic Enforcement Officer;

(c)

The appropriate fine and penalty shall be paid within seven (7) days from the date of issuance of the citation ticket. In the event of failure to pay the prescribed fine, an additional surcharge of ten percent (10.0%) for each day of delay or failure to pay the appropriate fine is hereby imposed until the full amount of fine and surcharge is paid.

SECTION 199. CREATION OF TRAFFIC MANAGEMENT TRUST FUND. There is hereby created a special in the General Fund to be known as the Traffic Management Trust Fund (TMTF) wherein all receipts from registration, franchising, supervisory fees, regulatory fees, fines, parking fees, penalties and surcharges as herein set forth in this Code, including all expenditures and transfers shall be recorded under this Fund;

Fines collected for violation of any section or provision of this Code evidenced by the issuance of CTCT (City Traffic Citation Ticket) shall be paid to the City Treasurer of Davao City; The share of the City Government of Davao on traffic fines collected in accordance with prior, existing and future arrangement with the LTO shall form part of the TMTF; The TMTF shall be disbursed only to activities related to the functions of the City Transport and Traffic Management Office such as, but not limited to, traffic enforcement measures and other activities and requirements of the City Transport and Traffic Management Office including maintenance of facilities and traffic control devices but excluding salaries of personnel;

Page 67 of 90 Ord. No. 0334-12 Any unused balance at the end of the fiscal year in excess of twenty percent (20%) of the previous year’s expenditures shall revert back to the General Fund. ARTICLE XXVI TRAFFIC ISTRATION SECTION 200. TRANSPORTATION AND TRAFFIC ISTRATION. To rationalize the management and operation of the entire scope of the transport and traffic istration of the City of Davao, there shall be created mechanisms that shall constitute both the policy-making body which provides advice and policy direction, and the management and operations which shall be the frontline service in the enforcement and implementation of this Code. SECTION 201. CREATION OF CITY TRANSPORT AND TRAFFIC MANAGEMENT BOARD (CTTMB). There is hereby created a City Transport and Traffic Management Board which shall have the primary function to provide advice and policy directions to the City Transport and Traffic Management Office (CTTMO); The CTTMB shall be vested with authority to formulate policies, review, recommend and approve transport and traffic management plans and programs that may hereafter be drawn or prepared. The Board shall also review and recommend for approval the budget of the CTTMO. The Board shall ensure a holistic approach to problem-solving and cooperation in the implementation of transportation and traffic schemes of Davao City; Provided however, that a special body within CTTMB shall be created as Motorized Tricycle For-Hire Franchising and Regulatory Committee (MTFRC) with its functions limited to provide advice and policy directions, including mediation, act on complaints, review and approve the plans and programs in the implementation and enforcement that may hereafter be drawn or prepared for the operations of motorized tricycle for-hire, and; Provided further that there shall only be five (5) of the MTFRC, chaired by the City Mayor and the remaining shall be appointed by the City Mayor from among the of the CTTMB;

Provided finally, that a Public Utility Vehicle Adjudication Committee (PUVAC) shall be created solely to provide mediation services. SECTION 202. COMPOSITION OF THE CITY TRANSPORT AND TRAFFIC MANAGEMENT BOARD.

Page 68 of 90 Ord. No. 0334-12 Chairperson Vice Chair :           

: City Mayor or in his/her behalf the City : Department Head, CTTMO

Department Head, City Planning and Development Office Department Head, City Engineer’s Office Chairperson, SP Committee on Energy, Transport, and Communication Chief, Traffic Section, Davao City Police Office (DO) Regional Manager, Land Transportation Franchising Regulatory Board (LTFRB) Regional Director, Land Transportation Office (LTO) Regional Director, Department of Public Works and Highways One (1) Transport Groups Representative One (1) Professional Group Representative One (1) Davao City Chamber of Commerce and Industry Representative One (1) from NGO Representative

Secretariat

: City Transport and Traffic Management Office

SECTION 203. MEETINGS AND QUORUMS. The CTTMB shall have a regular meeting once a month. However, the Chairperson can call a special or emergency meeting, if necessary, to address immediate concerns. The presence of a simple majority of the entire hip of the Board shall constitute a quorum. Provided however, that if any member, for one reason or another, cannot attend the meeting of the Board, the member concerned shall issue an official communication addressed to the Chairperson stating among others the reason/s for not attending the meeting, and may designate an alternate permanent representative to attend the meeting for and in behalf of the member, otherwise the member shall be marked absent, and; Provided further, that this Section shall also apply in the istration of MTFRC meetings. SECTION 204. HONORARIUM AND FUND SOURCE. Each member of the Board shall receive an honorarium for every board meeting to be determined by the City Mayor; a member who is absent shall not receive honorarium for that particular meeting. The fund requirement of the Board shall be initially drawn from the budget of the Office of the City Mayor. Thereafter, the budget shall be regularly included in the annual budget to be included under the CTTMO. SECTION 205. CREATION OF CITY TRANSPORT AND TRAFFIC MANAGEMENT OFFICE (CTTMO). There is hereby created a City Transport and Traffic Management Office under the direct supervision and control of the City Mayor. It shall be the sole transport and traffic management authority

Page 69 of 90 Ord. No. 0334-12

vested with the powers to formulate, coordinate and monitor policies, standards and programs relating to transport and traffic management, to rationalize the existing transport operations and to ister and implement all traffic engineering services, traffic enforcement operations, traffic and transport planning, regulations and franchising, transport facilities management, traffic education program, and shall institute a “no-physical apprehension” policy in apprehending traffic violators thru the use of some technologies in the territorial jurisdiction of Davao City; and finally, other plans and programs that may hereafter be drawn prepared and approved by the CTTMB and the MTFRC; The City Transport and Traffic Management Office shall have six (6) divisions with the following functions: (1)

TRAFFIC ENGINEERING AND INFRASTRUCTURE DIVISION (TEID)

(i)

Identify traffic bottleneck points and establish priorities in implementing remedial measures;

(ii)

Formulates traffic engineering schemes, such as banning of turning movements, creation of one-way streets, prohibition of parking, designation of loading/unloading zones, installation of traffic signages, regulating speeds, and similar measures, in accordance with its approved priority list;

(iii) Install and maintain traffic signs, road and or pavement markings and other traffic control devices or cause the preparation and installation of the same; (iv) Recommend to the Transport and Traffic Management Advisory Board (TTMAB) in of traffic management schemes; (v)

Review major property development proposals, especially those located

on

the

central

business

district,

along

major

thoroughfares, and national roads and highways within the territorial jurisdiction of Davao City, on its impact to traffic generation; (vi) Identify private subdivision roads that should be opened to improve traffic overall circulation, and initiate moves for the full or partial integration into the road network; (vii) Review and collect data and statistics such as vehicular counts, road layouts and dimensions, and other relevant data which

Page 70 of 90 Ord. No. 0334-12 would be of importance for appropriate transport and traffic policy formulation; (viii) Review and recommend requests for approval for road diggings, road

constructions,

temporary

closures,

production

and

installation of traffic-related signages from individuals, private

entities and barangay councils, parades, and conduct of extra ordinary events that would reduce road capacity; and (ix) Perform other duties and functions as directed by the Department Head. (2)

TRAFFIC ENFORCEMENT AND STREET MANAGEMENT DIVISION (TSMD)

(i)

Assign personnel to direct traffic at intersection and other locations requiring such intervention;

(ii)

Execute

the enforcement component of any traffic schemes

devised or considered by the Traffic Engineering Division as approved by Transport and Traffic Management Advisory Board TTMAB; (iii) Enforce applicable traffic rules and regulations, including apprehensions and issuance of city traffic citation tickets and penal summons to drivers found in violation of any provisions in this Code in coordination with the regional offices of the Department of Transportation and Communications; (iv) Assist the Davao City Police Office (DO) in the conduct of investigations of any vehicular accidents that occur within the territorial limits of the City; (v)

Coordinate with Davao City Police Office traffic enforcers and Land Transportation Office traffic enforcers to harmonize personnel deployment and other field operations within the city;

(vi) Initiate

the

towing

or

removal

of

all

illegally

parked,

stopped/stalled, or disabled vehicle obstructing traffic including abandoned vehicle;

Page 71 of 90 Ord. No. 0334-12 (vii) Suggest changes in any traffic scheme, including provision of traffic signals; (viii) Cause the removal of any obstructions on pedestrian sidewalks, alleys, streets and main thoroughfares which are in violation of this Code. In the event that no one its ownership of any object or thing found impeding vehicular or pedestrian traffic, take possession of the same in the city impoundment area for later disposition; (ix) Cause the removal of unauthorized traffic signs and take possession of the same in the city impoundment area for later disposition;

(x)

Cause the filing of a complaint or information and secure the issuance of warrant of arrest against violators who fail or refuse to obey the city traffic citation tickets or penal summons in coordination with Davao City Police Office;

(xi) Prescribe and recommend rates of istrative fines or penalties to be imposed on violators in ission of a violation, and willing to settle the same without having the case filed in court; and (xii) Perform other duties and functions as directed by the Department Head. (3)

TRANSPORT PLANNING AND MANAGEMENT DIVISION (TPMD)

(i)

Provide technical inputs into the preparation and updating of the city’s Land Use Plan, particularly the long-term road network plan of the city;

(ii)

Conduct studies and researches in both transport and traffic istration appropriate to the local setting of the Davao City;

(iii) Update and analyze the public transport routes and services covering motorized tricycles, buses, jeepneys and other public transport modes;

Page 72 of 90 Ord. No. 0334-12 (iv) Identify and recommend possible “missionary routes” that a private operator of public transport can provide; (v)

Collect traffic data and statistics such as vehicular counts, road layout and dimensions, etc., and analyze the same for use in policy formulation;

(vi) Appear at hearings of the LTFRB to ensure that the issuance of permits of public convenience is consistent with the plans and programs of the city; (vii) Evaluates request, in coordination with the City Planning Development Office, for variances from the zoning ordinance that are likely to have significant traffic impact; (viii) Formulate and advocate programs that will promote and encourage walking and trips by public transport and highercapacity modes; and (ix) Perform other duties and functions as directed by the Department Head.

(4) FACILITIES MANAGEMENT AND OPERATIONS DIVISION (FMOD) (i)

Establish, operate, maintain and/or ister PUB and PUJ transportation terminals, public parking facilities, wharves, bicycle paths, including collection of fees and charges through the Office of the City Treasurer;

(ii)

Operate towing services using approved gadgets or with duly authorized and accredited private towing operators;

(iii) Formulate and recommend appropriate policies to TTMAB in of traffic management schemes; (iv) Take custody of vehicles and articles impounded by virtue of this Code and secure the same in the city impoundment area until released to their owners or lawful claimants, or disposed of in accordance with this Code; and

(v)

Page 73 of 90 Ord. No. 0334-12 Perform other duties and functions as directed by the Department Head.

(5)

ISTRATIVE AND DIVISION (ASD) (i)

Provide istrative and logistical and services to all the divisions of the Office;

(ii)

Provide and maintain data base through management and information services, including collection of necessary and appropriate data and information, update and maintenance of all records, inventory of roads and traffic control devices, and other pertinent data that would enhance the planning and operations of the Office;

(iii) Keep records of all kinds of vehicles ed and/or operating in Davao

City, which shall include the names of ed

owners, s and their addresses and other information relating to the physical identification of motor vehicles; (iv) Adopt a computerized transport and traffic management data retrieval system; (v)

Handle the paper work and documentation attendant to enforcement, such as the processing of city traffic citation tickets and Ordinance Violation Receipt (OVR);

(vi) Conduct public information campaigns in of any activities, functions and responsibilities of the Office; and (vii) Perform other duties and functions as directed by the Department Head.

(6)

MOTORIZED VEHICLE FRANCHISING AND REGULATORY DIVISION (MVFRD)

For Motorized Tricycle (i)

Manage the operations and registration of motorized tricycle-forhire;

(ii)

Hear and decide uncontested MTOP application;

Page 74 of 90 Ord. No. 0334-12 (iii) Issue, amend, revise, drop, cancel and revoke MTOP after due notice and hearings; (iv) Conduct investigations and hearings of complaints on violations of this Code, other traffic laws, rules and regulations, and other issuances of MTFRC; (v)

Summon,

operators/drivers

and

witnesses

to

appear

in

hearings conducted by the MTFRC; (vi) Determine, fix, and prescribe summons or MTH citation tickets; (vii) Recommend proposals for the location of MTH terminals in the barangays; (viii) Formulate and recommend appropriate policies, subject to the approval of MTFRC; (ix) Keep records of all MTH ed and/or operating in Davao City, which shall include the names of ed owners, operators, drivers, s and their addresses and other information relating to the physical identification of MTH; (x)

Conduct public information campaigns in barangays with MTH operations in to enhance the implementation and enforcement of traffic rules and regulations; and

(xi) Perform other duties and functions as directed by the Department Head. For Motorized and Non-Motorized Vessel (i)

Manage the conduct of registration of motorized fishing vessels, three (3) tons and below, using the City of Davao as homeport, and other commercial operations within the municipal waters of the City of Davao;

(ii)

Prescribe

rules

stakeholders;

and

regulations

that

are

acceptable

to

Page 75 of 90 Ord. No. 0334-12 (iii) Implement the enforcement component devised or considered as approved by TTMAB; (iv) Perform other duties and functions as directed by the Department Head. SECTION 206. QUALIFICATION OF THE DEPARTMENT HEAD, ASSISTANT DEPARTMENT HEAD, AND DIVISION HEADS. The CTTMO shall be headed by a Department Head with a regular position who shall be appointed by the City Mayor, concurred by the Sangguniang Panlungsod. He shall be a natural-born Filipino citizen, a resident of Davao City, at least thirtyfive (35) years of age, of good moral character and sound probity; shall have a master’s degree in public istration, urban and regional planning, management, civil engineering, traffic engineering and management, and/or a lawyer; and shall possess a three-year supervisory experience in government service. Provided, however, that the employment status and qualifications shall also apply to two department heads which are Assistant Department Head for Operations, and Assistant Department Head for istration; The heads of the Divisions of the Office shall be appointed by the City Mayor upon the recommendation of the Department Head. A Division head must be at least thirty (30) years of age, a graduate of any four-year course with two (2) years government supervisory experience, appropriate expertise or equivalent experience in the field of assignment. Except for the required qualifications for the five division heads, an active PNP Officer may be designated as head of the Traffic Enforcement and Street Management Division, prohibition against dual positions to the contrary notwithstanding. SECTION 207. STAFFING. The number and composition of staff comprising each of the six (6) divisions of the Office shall be determined by the Sangguniang Panlungsod through enactment of an Ordinance for such purpose, taking into consideration the volume of work required to fulfill the functions efficiently and effectively, subject to the approval of budget. Existing personnel affected by the creation of the Office such as those involved in tricycle regulation, parking istration, traffic enforcement, shall comprise the initial staff of the divisions to which their functions belong. In addition, the City Mayor may deputize any city government officials, employees or barangay personnel to act as traffic auxiliaries. The appointed or designated traffic auxiliaries shall be under the operational supervision of the head of the Traffic Enforcement and Street Management Division. SECTION 208. UNIFORM OF CITY TRAFFIC ENFORCEMENT OFFICERS. In order to provide a distinction between Traffic Officers and of the Philippine National Police, the City Traffic Enforcement Officers shall wear a uniform distinct from the uniform or attire of the of the PNP. The determination of the color and type of uniform shall be left to the discretion of the City Mayor, provided, however, that no changes in the type,

Page 76 of 90 Ord. No. 0334-12 color or style of the uniform shall be allowed for a period of five (5) years, determined from the date the prescribed uniforms were first implemented.

ARTICLE XXVII TRANSITORY PROVISION SECTION 209. FORMULATION OF IMPLEMENTING RULES AND REGULATIONS. (a)

Within fifteen (15) days after the approval of this Code, an Oversight Committee

which

shall

be

composed

primarily

of

the

author/authors of the ordinance and the consultants thereof and other to be determined by the City Mayor, shall prepare the Implementing Rules and Regulations (IRR) for the efficient and effective implementation of the Code; (b)

The funding requirement shall be provided by the Office of the City Mayor in the sum of Two Hundred Thousand Pesos (P200,000.00) or upon the discretion of the City Mayor.

SECTION 210. CREATION OF THE CITY TRANSPORT AND TRAFFIC MANAGEMENT OFFICE. Within fifteen days (15) from the approval of this Code, the City Mayor shall issue an Executive Order creating a Task Force to formulate and draft an Ordinance for the creation of the City Transport and Traffic Management Office; The Chairman of the SP Committee on Transportation, Energy, and Communications shall head the Task Force with appointed by the City Mayor; The Task Force shall submit its final draft on the creation of the CTTMO to the City Mayor within one (1) month after its organization. ARTICLE XXVIII FINAL PROVISION SECTION 211. REPEALING CLAUSE. All previous issuances, executive orders, ordinances, rules and regulations or parts thereof which are inconsistent or in conflict with the provisions of this Code are hereby repealed and modified accordingly.

Page 77 of 90 Ord. No. 0334-12 SECTION 212. SEPARABILITY CLAUSE. If for any reason, any provision or section of this Ordinance is declared not valid by a court of competent jurisdiction or suspended or revoked, such judgment or order shall not affect or impair the remaining provisions, sections, or parts which are not affected thereby and shall continue to be in force and effect. SECTION 213. EFFECTIVITY. This Ordinance shall take effect fifteen days (15) after its approval and publication in a local community newspaper with daily frequency.

ENACTED, August 7, 2012, by a majority vote of all the of the Sanggunian present.

CERTIFIED CORRECT:

CHARITO N. SANTOS Acting Secretary to the Sangguniang Panlungsod (City Government Asst. Department Head II)

ATTESTED:

KARLO S. BELLO Acting Vice Mayor cns/mbk

APPROVED:______________,2013

SARA Z. DUTERTE

Page 78 of 90 Ord. No. 0334-12 City Mayor ATTESTED:

ATTY. ZULEIKA T. LOPEZ Acting City

APPENDIX I ONE WAY STREETS (Ordinance No. 127, s. 1990, amending Ordinance No. 778, s. 1973, otherwise known as the Revised Traffic Ordinance of the City of Davao)

a. Marfori Private Alley from Bago Inigo Street towards Antonio Pichon Street b. Antonio Pichon Street (Magallanes) from corner Legaspi Street to C. M. Recto Avenue c. San Pedro Street from corner Quezon Boulevard towards corner Ilustre Street d. Claro M. Recto Street from corner A. Pichon Street to Roxas Avenue except Jones Circle e. Cayetano Bangoy Street from Roxas Avenue all the way to Palma Gil intersection, Bonifacio intersection, Rizal intersection, and the f. g. h. i.

whole length of Crooked Road Bolton Street from Bonifacio Street up to Pichon Street San Pedro Street to General Luna Street Ilustre St. from General Luna to Quirino Avenue to Legaspi Street From the corner of Pelayo Street going to Quirino Street (T. Claudio)

Page 79 of 90 Ord. No. 0334-12 j. Gov. Duterte Street from Pelayo (Legapi Street) to Malvar to Quirino Street k. Marfori Road from Antonio Pichon Street towards Datu Bago Street l. Rasay Street from A. Pichon Street towards Datu Bago Street m. Datu Bago Street from corner Quirino Avenue towards Rasay Street n. Quirino Avenue from Datu Bago towards Mercury Drug/Quirino Avenue o. Palma Gil Street from C. M. Recto Street towards Cayetano Bangoy Street

APPENDIX II PROHIBITED LEFT TURNS (existing per Traffic Management Center as of 25 August 2011)

a. Entering (i) (ii) b. Entering (i) (ii) (iii) (iv) c. Entering (i) d. Entering

left a one-way street of Pichon from: V. Ilustre Bolton Extension left a one-way street of San Pedro from: Bolton Street Crooked Road Anda Street/ I. Inigo Street Legaspi Street/Pelayo Street left a one-way street of Marfori from: Father Selga Street left a one-way street of V. Ilustre from:

Page 80 of 90 Ord. No. 0334-12

e.

f. g. h.

i. j.

k.

(i) (ii) Entering (i) (ii) (iii) Entering (i) Entering (i) Entering (i) (ii) (iii) Entering (i) Entering (i) (ii) (iii) (iv) (v) Entering (i)

Duterte Street Gen. Luna Street left a one-way street Palma-Gil Street Bonifacio Street Rizal Street left a one-way street Clover Leaf left a one-way street Quirino Avenue left a one-way street Duterte Street San Pedro Street Pichon Street left a one-way street Rizal Street left a one-way street San Pedro Extension Rizal Street Bonifacio Street Palma Gil Roxas Avenue left a one-way street Pichon Street

of Cayetano-Bangoy from:

of Datu Bago from: of Duterte Street from: from Quirino Avenue to:

of Bolton from: of C.M. Recto from:

of City Hall Drive from:

APPENDIX III LOCATION WITH NO U-TURNS

a. All intersections and junctions b. Tip of an island along 1. 2. 3. 4.

Quirino Avenue Quimpo Boulevard Jose P. Laurel – Sta. Ana Street Quezon Boulevard

Page 81 of 90 Ord. No. 0334-12 5. 6. 7. 8.

R. Castillo Street Cabaguio Avenue (Assumption School) Leon Garcia Street Davao-Agusan Road (Alcantara-junction of Bangoy Airport)

APPENDIX IV PUBLIC PAY PARKING ZONES (Ordinance No. 153-A, s. 1990)

I.

Streets Designated as Public Pay Parking Zones

Page 82 of 90 Ord. No. 0334-12 a. San Pedro Street -

from C.M. Recto Avenue to Quirino Avenue (left side only coming from Recto Avenue)

b. A. Pichon Street -

from Marfori Street to C. M. Recto Avenue (left side only coming from Marfori Street)

c. Ilustre Street

-

from San Pedro Street to Jose Camus Street (left side only coming from San Pedro Street)

d. Pelayo Street

-

from A. Pichon Street to A. Bonifacio Street (both sides) with designated loading /unloading area

e. Bolton Street

-

from A. Pichon Street to A. Bonifacio Street (left side only coming from Bonifacio Street) with designated loading /unloading area

f. Inigo Street

-

from A. Pichon Street to A. Bonifacio Street (both sides) with designated loading /unloading area

g. C. M. Recto Ave. -

from corner San Pedro/Recto Streets to R. Magsaysay Avenue (left side only coming from San Pedro St. to Magsaysay Ave. / Jones Circle

h. Magsaysay Ave. -

from C. Bangoy Street to Sales Street (both sides);  left side only coming from Magsaysay Park to Sales Street;  from Sales Street to Jones circle (both sides); with designated loading/unloading area

i. Villa Abrille St.

from Hospital Avenue to L. Guerrero Street (both sides) with loading/unloading area

-

j. Monteverde Ave. -

from L. Guerrero Street to Leon Garcia Street (both sides) with designated loading/unloading for every block on both sides

k. V. Duterte St.

from Ilustre Street to Pelayo Street (left side only coming from Ilustre Street)

-

Page 83 of 90 Ord. No. 0334-12

l. City Hall Drive

-

from San Pedro Street to A. Pichon Street (both sides)

m. Marfori Street

-

from A. Pichon Street to Posadas Street (left side only coming from A. Pichon Street)

n. Rasay Street

-

from A. Pichon Street to Posadas Street (left side only coming from A. Pichon Street)

o. Posadas Street

-

from Marfori Street to Rasay Street (left side only coming from Marfori Street)

II.

Parking fee per Unit of Motorized Vehicle a. Rate of Parking Fee

Type of Vehicle Delivery Van Delivery Truck Truck for Hire Cargo Truck Armored Car/Van Sedan/SUV/AUV Motorcyle/ Motorbike Other motorized vehicle

For first 3 hours Php 10.00 Php 10.00 Php 10.00 Php 10.00 Php 10.00 Php 10.00 Php 5.00 Php 5.00

Per hour or Fraction Php 5.00 Php 5.00 Php 5.00 Php 5.00 Php 5.00 Php 5.00 Php 2.50 Php 2.50

b. Annual Parking Space Subscription with Parking Sticker Type of Vehicle Delivery Van Delivery Truck Truck for Hire Cargo Truck Armored Car/Van Sedan/SUV/AUV Motorcyle/ Motorbike Other Motorized Vehicle

Annual Parking Fee Php 5,000.00 Php 5,000.00 Php 5,000.00 Php 5,000.00 Php 5,000.00 Php 5,000.00 Php 2,000.00 Php 1,500.00

Page 84 of 90 Ord. No. 0334-12

APPENDIX V SCHEDULE OF FINES AND PENALTIES No.

Section of Ordinance

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

Section 6 Section 9 Section 10 Section 11 Section 12 Section 13 Article V Section 26 Section 27 Section 28 Section 29 Section 31 Article VII Section 36 Article IX Sections 43 & 44 Section 45 Section 46 Section 47 Section 48 Section 49 Section 50

23

Section 51 (a)

24

Section 51 (b)

25 26

Section 56 (b) Section 56 (c)

27

Section 56 (d)

28 29 30 31 32

Section Section Section Section Section

57 (b) 57 (c) 58 59 63

Type of Offense or Violation Erection and Interference with Traffic Control Items Display of Dazzling Lights Disobedience to Official Traffic Control Signal Disobedience to Official Traffic Signs Disobedience to Official Traffic Road or Pavement Markings Disobedience to Official Traffic Signals and Instructions Any Violation of General Driving Rules Not Giving Way at Intersection Not Giving Way During Turns Improper Movement to or from Parking Area Not Giving Way to Emergency Vehicles Not Giving Way at Roundabouts or Rotundas Violating Speed Limits Violating Operating Rule on One-way Streets Improper Turning, Reversing and Stopping Parking, Waiting, or Standing in Prohibited Areas Parking during Certain Hours Prohibited Parking for Certain Purpose Prohibited Non-Stopping at Special Stops Improper Method of Parking Vehicles Parking Near Grade or Curve Parking on Parade Routes and on Any Special Occasion Loading/unloading at Loading Zone without the presence of driver Loading/unloading of engers of PUJ in undesignated zone Operating without approved traffic impact assessment Violation of off-street public utility van transport terminal Violation or non-compliance regarding security guards, CCTV, facilities, etc. Private Garage for Vehicles-for-Hire without permit Loading/unloading of engers in private garage Non-provision of six (6) meters setback for angle parking Non-payment of Parking Fees Violations in Public Pay Parking Areas

1st Offense Amount (Php) 500.00 500.00 500.00 500.00 500.00 500.00 500.00 500.00 500.00 1,000.00 500.00 500.00 500.00 500.00 500.00 500.00 500.00 2,000.00 500.00 500.00 500.00 500.00 500.00 1,000.00 5,000.00 5,000.00 5,000.00 5,000.00 2,000.00 2,000.00 500.00 500.00

Page 85 of 90 Ord. No. 0334-12 33 34

Section 64 Section 65

35

Section 66

36

Article XIII

37

Section 79

38

Section 83

39

Section 92

40

Section 120

41

Article XVIII

42

Article XIX

43 44 45

Section 139 Section 140 Section 141

46

Section 142

47

Section 144

48

Section 145

49

Section 147

50

Section 148

51

Section 149

52 53 54 55 56 57 58 59 60 61 62 63 64

Article XXI Section 156 Section 158 Section 165 Section 166 Section 167 Section 168 Section 169 Section 170 Section 171 Section 172 Section 173 (a) Section 173 (c)

65 66 67

Careless Driving Reckless and Dangerous Driving Driving a Motor Vehicle while under Influence of Liquor or Incapacitating Drugs Violation of Procedure Involving Traffic Accidents Operating Animal-drawn Carriages, and Bicycles that are not Licensed

Operating a Bicycle and Animal-drawn Carriage on Public Roads Violation of Operating Conditions of Motorized Tricycle-forHire Non-Payment of Supervision Fee Violation or non-compliance with any section of Article XVIII regarding lighting, warning signs, equipment, etc. Violation or non-compliance with any section of Article XIX regarding seatbelt Exceeding Gross Weight, Axle and Weight Loads Projecting Loads on enger Vehicles Loads not Properly Secured Refusal to Have Vehicles Weighed and/or Remove Excess Load Violation of restriction or limits in the use of bridge No permit to Move Equipment and/or Load of Excessive Weight, Width, or Height. ing of Vehicles over Five Tons on Subdivision Road Already Converted to City Street Public Transport Utility Vehicle with more than Eighteen engers ing Secondary Streets Movements of Trailers, Trucks, or any Approved Transportation Medium Linked to a Container Van Truck Ban, Non-Complying Buses and Jeepneys Violating Pedestrian Crossing Rules Violating Restrictions on Pedestrians No PUV-Driver’s Identification Card Obstruction to Driver’s View or Driving Mechanism Following Fire Vehicles Putting Glass, etc. on a City Road or Highway Tracking Mud unto City Road or Highway Driving Through Funeral or Other Processions Violating Restrictions of Animals and Livestock on Roads Violating Operation of Public Utility Jeepneys No shop registration Non-embedding the PCCN by the owner/operator of shop Owner/driver with no PCCN on the fabricated/manufacture body of the PUJ Owner/driver with no PCCN on the fabricated/manufacture body of the MTH Owner/driver with no PCCN on the

500.00 1,500.00 5000.00 500.00 100.00

200.00 500.00 2,000.00 300.00 300.00 500.00 500.00 1,000.00 1,000.00 500.00 1,000.00 1,000.00 500.00 2,000.00 1,000.00 200.00 100.00 1,000.00 500.00 500.00 1,000.00 1,000.00 500.00 200.00 1,500.00 1,000.00 500.00 300.00 200.00 100.00

Page 86 of 90 Ord. No. 0334-12 68

Section 173 (d)

69

Section 173 (e)

70 71 72 73

Section Section Section Section

74

Section 174 (d)

75

Section 174 (e)

76 77 78 79 80 81 82 83

Section Section Section Section Section Section Section Section

84

Section 185

85

Section 185 (e )

86 87

Section 186 Section 188

88

Section 189

89

Section 190

173 173 173 174

(f) (g) (h) (a-c)

175 176 178 180 181 182 183 184 (a)

fabricated/manufacture body of the Pedicab Non reporting of manufactured/fabricated PUV Installing, mounting, fitting engine not according to locallyapproved standards Releasing the vehicle without inspection PUV not in accordance with approved standards PUV not fabricated/manufactured without inspection Non-wearing and/or no safety helmet for motorcyclist Non-turning on the headlight while driving along city roads and highways Violating enger/Cargo of Motorcyclist

Violating Standard of Improvised Mud-guard Non-production of LTO-issued Driver’s License Violating Operation of Student Carpool Transport Service Non-production of Vehicle Registration Document Improper Opening Doors and Alighting from Vehicles Opening Doors and Alighting from Public Utility Bus Improper Use of Horns, etc. Modification of Muffler on Motorcycle Obstructing roads by person, motor vehicles, including stalled vehicles Obstructing roads or sidewalks by residential, vendors, or commercial establishments Street diggings or road closure without permit Unlawful restriction on road access Violating Requirement of Transport/Traffic Impact Assessment Prohibition on Production of Road Signs

500.00 5,000.00 5,000.00 5.000.00 2,000.00 500.00 1,000.00 1,000.00

300.00 500.00 1,000.00 500.00 500.00 500.00 500.00 500.00 500.00 500.00 2,000.00 2,000.00 2,000.00 1,000.00

B. For the second and third offenses; the penalties shall be two times the value of the most recent fines on record – whether the same had been paid or not. Fourth and habitual offenders, or when the violation involved property damage in excess of ten thousand (Php10,000.00) or loss of life, the City Transport and Traffic Management Office shall seek cancellation of the driver’s license through the Land Transportation Office.

Page 87 of 90 Ord. No. 0334-12

APPENDIX VI TRUCK BAN ROUTES

(Ordinance No. 0154-03 amending Ordinance No. 042-02, s. 2002)

NORTHBOUND TO SOUTHBOUND ROUTE Beginning from the junction of J.P. Laurel and R. Castillo near the gate of C. Alcantara and Sons, Inc. at kilometer 7 in Lanang.

SOUTHBOUND TO NORTHBOUND ROUTE Beginning from Bangkal at the vicinity of Lonbisco at the junction of McArthur Highway and Carlos P. Garcia Highway proceeding to diversion road and Carlos P. Garcia superhighway going to Panacan.

Page 88 of 90 Ord. No. 0334-12

APPENDIX VII NATIONAL ROADS DAANG MAHARLIKA ROAD from Lasang, Bunawan, Buhisan, Tibungco, Ilang, Panacan, Sasa, Lanang, Bajada, Poblacion DAVAO-COTABATO ROAD (PRIMARY, NATIONAL) from jct. City Hall Drive, Anda, jct. Anda St., jct. Legaspi St., jct. Magallanes St., jct. UM Road., jct. Don Julian Rodriguez Avenue. Jct. Marian Village. Jct. Davao Memorial Park. Jct. Mars St., jct. Aquarius St., jct. Libra St., jct. Virgo St., jct. Aries St., jct. Matina Pangi Road. Jct. Pag-asa Drive. Jct. Maligaya Avenue. Jct. Davao City Diversion Road. Jct. Skyline Subd., jct. Peace Avenue. Jct. Bago Gallera Road. Jct. Davao-Bukidnon Road. Jct. Benedict Priory Road. Jct. Generoso E. jct. Better Living Road. Jct. Dacoville Subd., jct. Lobogan Road. Jct. IWHA Road. Solana Ice Plant. Jct. Greenland Village Road.

Page 89 of 90 Ord. No. 0334-12 DAVAO BUKIDNON ROAD (PRIMARY, NATIONAL) from jct. Hope Mt. Road. Jct. One Way Out Reach Road. Jct. Green Hills Subd., jct. SPDA Road. Jct. Davao Bible Seminary Road. DAVAO CITY DIVERSION ROAD from jct. Juan Cruz Elementary School. Jct. Panacan Relocation. Pag-ibig Subd. Cabantian Purok 3. Jct. San Isidro. Jct. Medalla Milagrosa. Jct. San Nicholas. Jct. Buhangin Lapanday Road. Jct. Molave St., jct. Quarry. Jct. Brgy. Langub. Jct. Sison Quarry. Jct. Country Subd., jct. Matina Pangi Road. Jct. St. Francis Xavier Seminary. Jct. Skyline Subd., jct. Countryside Village Phase II. Jct. Country Village Phase I BUHANGIN-LAPANDAY ROAD from jct. Davao Diversion Road to Davao Agusan Road. F. TORRES STREET from jct. Jacinto Extension. Jct. Tiongko Avenue. Jct. Mabini St., jct. Padre de Tavera St., jct. Lopez Jaena St., E. QUIRINO AVENUE from jct. Jacinto Extension. Jct. Tiongko Avenue. Jct. Mabini St., jct. Camus St., jct. San Pedro St., jct. Apo St., jct. General Luna St., jct. Mt. Mayon st., RAFAEL CASTILLO STREET. from jct. Belisario. Jct. Ubalde. Jct. del Rosario. Jct. Leon Garcia St., DAVAO REGIONAL MEDICAL TRAINING CENTER from jct. Davao-Agusan Road QUEZON BOULEVARD from jct. Bangoy St., jct. Lizada St., jct. Suazo St., jct. San Pedro St., jct. Rizal St., jct. Artiaga St., jct. Bonifacio St., jct. Roxas St., jct. Rizal St., LEON GARCIA STREET from jct. Lapu-Lapu St., jct. Gotamco

RAMON MAGSAYSAY AVENUE from jct. Chavez St., jct. Suazo St., jct. Marginal Road, jct. Monteverde St., jct. Lizada St., jct. Gempesaw FIFTH AVENUE from jct. Guerero St., jct. Narra St., jct. Chavez St., jct. Suazo St., jct. Bangoy St., jct. Lizada St., jct. Sales St., J.P. CABAGUIO AVENUE from jct. R.G.A. Village, jct. Del Pilar St., jct. Vinzon

Page 90 of 90 Ord. No. 0334-12 MA-A ROAD (DON JULIAN RODRIGUEZ AVENUE) from jct. Ma-a City Jail, jct. Don Julian Village, jct. North Street. ABS-CBN QUIMPO BOULEVARD DIVERSION ROAD from jct. 80th St., jct. Acacia St., jct. Mangga St., jct. University Avenue, jct. Calamansi St., jct. Executive Homes, jct. Dona luisa I, jct. Davao Matina Golf Club, jct. Adela Drive, jct. Tulip Drive. FATIMA – MALABOG ROAD from jct. Mabuhay Road, Km. 6 Fabian Diez, Panulawan Gym, jct. Crossing Rancho San Miguel, Archidocese of Davao Church, Malabog Central, jct. Kapihan Peter Lo, jct. Balugo. MABUHAY – PAÑALUM – PAQUIBATO ROAD from jct. to Bodega, San Roque Chapel, Day Care Center, jct. Private Road, Upper Mabuhay Paquibato Elementary School.