Title
100% Smoke-Free Public Utility Vehicles Policy
Law
Ltfrb Memorandum Circular No. 2009-036
Decision Date
Dec 21, 2009
The Land Transportation Franchising and Regulatory Board mandates a 100% smoke-free policy in all public utility vehicles and transport terminals, enforcing strict signage requirements and penalties for non-compliance to protect public health from the dangers of second-hand smoke.

Questions (LTFRB Memorandum Circular No. 2009-036)

The Circular is issued pursuant to R.A. No. 9211 (Tobacco Regulation Act of 2003) and the Philippines’ obligation under Article 8 of the Framework Convention on Tobacco Control.

It adopts and imposes a 100% smoke-free policy on all public utility vehicles (PUVs) and public land transportation terminals, prohibiting smoking and requiring prominent No Smoking signage.

Smoking, defined as the act of carrying a lighted cigarette or other tobacco product, is prohibited in all PUVs and public transportation terminals.

All persons who operate, administer, manage, own, operate and/or possess public land transportation terminals.

At least one No Smoking sign at each entrance to the terminal and at least another one in a conspicuous location inside the waiting area.

All holders of Certificates of Public Convenience (CPC), through their operations.

One sign (at least 3.5 sq. in.) at the back of the windshield; another sign (at least 10 sq. in.) at the back of the front row seats.

One sign (at least 3.5 sq. in.) on the glove compartment at the front right side of the taxi windshield; another sign (at least 10 sq. in.) at the back of the driver’s seat.

One sign (at least 3.5 sq. in.) at the back of the windshield; another sign (at least 10 sq. in.) at the back of the driver’s seat facing the passengers or in a similarly prominent area.

One sign (at least 3.5 sq. in.) at the back of the windshield; another sign (at least 10 sq. in.) at a prominent location facing the passengers or a similarly prominent area.

It must prominently display the burning cigarette symbol enclosed in a red circle with a red bar across it, occupying at least 90% of the signage (or alternatively at least 70%), with the remainder showing “STRICTLY NO SMOKING,” “Bawal Manigarilyo,” or similar warning/health statements. It should have no border/frame.

Smoking areas shall not be designated in indoor areas or in any indoor or outdoor area near entrances/exits or near places where people congregate.

The operator and driver are responsible for posting the No Smoking signs. The driver must warn passengers/co-workers who fail to comply and ask them to leave the PUV in such cases.

They must post the required No Smoking signs and issue and implement rules and procedures to ensure passengers in the terminal comply with the smoking prohibition.

1st offense: P500/month for failure to post No Smoking signage in appropriate locations and P500 fine for other violations. 2nd offense: P5,000 fine and suspension of the Certificate of Public Convenience, where applicable. 3rd offense: P10,000 fine and cancellation of the Certificate of Public Convenience.

It repeals and supersedes inconsistent issuances, and takes effect fifteen (15) days after publication in a newspaper of general circulation or the Official Gazette.

LTFRB will partner with government agencies, civil society organizations, and the private sector (except tobacco-industry interests) and endeavor to provide stickers, posters, and related IEC materials to indigent operators and drivers.


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