QuestionsQuestions (LTO MEMORANDUM CIRCULAR NO. ACL-2009-1192)
It aims to adopt a uniform interpretation and computation of the penalty for axle overloading under Item D, No. 56 of Department Order No. 2008-39, consistent with COA’s recommendation in its CY 2008 Annual Audit Report.
The fine imposed on the owner/operator or driver is equivalent to 25% of the MVUC paid at the time of infringement, as indicated in the Official Receipt (OR).
It is computed based on the GVW indicated in the current Certificate of Registration (CR).
Penalty may be waived when the load exceeds the registered GVW by a tolerance of 4.99% (i.e., within the allowed 4.99% range).
No. The circular states it is without prejudice to upholding overloading findings based on the actual random roadside weighing as long as the excess is within the 4.99% tolerance.
Compute excess after adding the 4.99% tolerance to the registered GVW and then deducting the actual weight at the time of apprehension.
No. The 4.99% tolerance shall not apply to excess axle load or beyond the allowable 13,500 kg/axle.
The penalty of 25% of the MVUC shall be imposed if any axle load exceeds 13,500 kg during the actual weighing.
Allowed GVW (per IRR of RA 8794 Sec. 6(b)) + 4.99% tolerance − actual weight = excess weight; then excess weight times MVUC (from current OR) and multiply by 25% to get the fine (as shown in the circular’s computation flow).
Section 6(b) of the IRR of RA 8794 is cited as the basis for the allowed GVW per the circular.
By determining excess axle load for each axle (Axle 1, Axle 2, Axle 3, etc.) and using the MVUC from the current OR, then multiplying by 25% to arrive at the fine.
The circular illustrates computation per Axle 1, Axle 2, and Axle 3, but the principle applies to any axle subject to weighing and exceeding limits.
As an accessory penalty, no motor vehicle shall be allowed to proceed on the roadway if either a dual-wheel axle load exceeds 13,500 kg or the vehicle load exceeds 150% of the maximum allowable gross weight.
The penalty can be waived for loads exceeding the registered GVW by only the 4.99% tolerance, provided overloading findings based on actual weighing are within that tolerance.
Exceeding registered GVW is assessed with the 4.99% tolerance (for GVW level), but the tolerance does not apply to excess axle load beyond 13,500 kg per axle; axle violations trigger the 25% MVUC fine.
To ensure uniform and verifiable computation tied to the driver/owner’s actual MVUC payment reflected in the current OR, as part of COA’s audit recommendation.