QuestionsQuestions (PRESIDENTIAL DECREE NO. 360)
It amends the Implementing Rules and Regulations (IRR) of Republic Act No. 8794 (R.A. 8794), which imposes a Motor Vehicle User’s Charge (MVUC) on owners of motor vehicles.
Section 6 of R.A. 8794 provides that an amount equivalent to 25% of the MVUC shall be imposed on trucks and trailers for loading beyond prescribed gross vehicle weight, subject to the axle-load limitation.
No axle load shall exceed thirteen thousand five hundred kilograms (13,500 kg).
There is overloading when the gross vehicle weight (GVW) exceeds what is prescribed in the Annex of the IRR, provided that the dual-wheel single axle load does not exceed 13,500 kg.
The Annex (maximum allowable GVWs depending on configuration) is the reference for the permitted GVW; exceeding the GVW shown in the Annex constitutes overloading.
It is a special permit to travel issued by DPWH; it is required for vehicles with inseparable/special cargoes exceeding the corresponding GVW and for vehicles with configuration different from those shown in the Annex.
DPWH installs/operates weighbridge stations or portable weighing machines; DOTC through LTO imposes penalties; LTO personnel (or duly deputized DPWH or PNP-TMG personnel) issue the Temporary Operator’s Permit.
DPWH shall install and operate weighbridge stations/portable weighing machines at strategic locations along national roads, and may outsource their operation to private contractors.
They must operate twenty-four (24) hours a day, including Saturdays, Sundays, and holidays.
The penalty is an amount equivalent to twenty-five percent (25%) of the Motor Vehicle User’s Charge (MVUC) applicable to the vehicle at the time of infringement.
The vehicle owner is responsible for ensuring the vehicle is not overloaded while traversing the roadway.
The responsibility starts from the vehicle’s point of origin up to its final destination.
The owner must take measures to ensure the security and safety of its personnel and load in case measures have to be adopted to comply with the law against overloading.
It is the basis relied upon by the government to determine that modifications to the IRR provisions on overloading are needed for proper and effective enforcement and strict observance.
To explain the original overloading provisions in the IRR, and to cite how the Joint Circular later provided the mechanics of implementation/enforcement, including the table of maximum allowable gross vehicle weights.
The resolution was signed by the Secretaries of DOTC and DPWH: Joseph Emilio Aguinaldo Abaya (DOTC) and Rogelio L. Singson (DPWH).
It takes effect on June 1, 2013 after publication in two (2) newspapers of general circulation and after filing three (3) copies with the UP Law Center.