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.

Purpose: protect against second-hand smoke

  • The circular requires a 100% SMOKE FREE policy in all public utility vehicles and public land transportation terminals.
  • The circular is designed to promote a healthful environment and protect the public from second-hand smoke exposure.
  • The circular states that second-hand smoke exposure has no safe level of exposure and is linked to serious health risks.

What is prohibited: smoking in covered places

  • Smoking, or carrying a lighted cigarette or other tobacco product, is prohibited in all public utility vehicles and public transportation terminals.

Mandatory “No Smoking” signage: terminals

  • Terminal operators, administrators, managers, owners, and/or possessors are mandated to post NO SMOKING SIGN at each terminal entrance.
  • They must also post at least another NO SMOKING SIGN in a conspicuous location inside the waiting area of the terminal.
  • The circular requires compliance with these signage duties as a condition to observe the smoking prohibition in terminal premises.

Mandatory “No Smoking” signage: vehicles

  • Holders of certificates of public convenience must prominently display NO SMOKING SIGNS inside their authorized units.
  • Jeepneys:
    • Place a NO SMOKING SIGN of at least 3.5 sq. in at the back of the windshield.
    • Place another sign of at least 10 sq. in at the back of the front row seats.
  • Taxis FX or similar vehicles:
    • Place a NO SMOKING SIGN of at least 3.5 sq. inch on the glove compartment at the front right side of the taxi windshield.
    • Place another sign of at least 10 sq. in at the back of the driver’s seat.
  • Buses:
    • Place a NO SMOKING SIGN of at least 3.5 sq inch at the back of the windshield.
    • Place another sign of at least 10 sq in at the back of the driver’s seat facing the passengers or in a similarly prominent area of the bus.
  • Other vehicle types:
    • Place a NO SMOKING SIGN of at least 3.5 sq inch at the back of the windshield.
    • Place another sign of at least 10 sq in in a prominent location facing the passengers or in a similarly prominent area.

Sign design requirements and wording

  • The No Smoking Sign must prominently display, without a border or frame, a pictorial representation or symbol of a burning cigarette enclosed in a red circle with a red bar across it.
  • The symbol must occupy at least 90% of the signage, or alternatively at least 70% of the signage, with the remaining portion showing “STRICTLY NO SMOKING” or “Bawal Manigarilyo” or other similar warning/health warnings.

No smoking areas: no designated smoking zones

  • Smoking areas must not be designated in indoor areas.
  • Smoking areas must not be designated near terminal entrances or exits.
  • Smoking areas must not be designated near places where people congregate.

Duties and enforcement responsibilities

  • The operator and the driver of the public utility vehicle are responsible for posting the NO SMOKING SIGN.
  • The driver is responsible for warning passengers and co-workers who fail to comply with the smoking prohibition.
  • The driver must ask non-compliant persons to leave the public utility vehicle when they fail to comply with the smoking prohibition.
  • The operator, administrator, manager, owner and/or possessor of the public land transportation terminal is responsible for posting the NO SMOKING SIGN.
  • Terminal stakeholders must issue and implement rules and procedures to ensure passenger compliance while staying in the terminal.

Penalties: graduated sanctions per offense

  • First offense:
    • PHP 500/month for failure to post No Smoking signages in the appropriate locations.
    • PHP 500 fine for other violations.
  • Second offense: PHP 5,000 fine and suspension of the Certificate of Public Convenience, where applicable.
  • Third offense: PHP 10,000 peso fine and cancellation of the Certificate of Public Convenience.

Implementation support and repealing clause

  • LTFRB shall endeavor to partner with government agencies, civil society organizations, and the private sector except those representing tobacco industry interests.
  • Partnerships support full implementation and provision of stickers, posters, and related IEC materials to indigent operators and drivers.
  • The circular repeals and supersedes any and all issuances inconsistent with its provisions.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.