Title
MMDA Towing and Impounding Guidelines
Law
Mmda No. 02-33
Decision Date
Aug 29, 2002
The Metropolitan Manila Development Authority adopts revised guidelines for towing and impounding operations to ensure uniform procedures across local government units, enhancing the efficiency and accountability of managing illegally parked and stalled vehicles in Metro Manila.
towing
impounding
administrative law

Legal basis and prior regulatory framework

  • MMC Ordinance No. 78-03 (Series of 1978) authorizes towing and impounding of stalled and illegally parked motor vehicles and/or attachments thereof in Metro Manila.
  • MMC Ordinance No. 78-03A (Series of 1992) amends MMC Ordinance No. 78-03.
  • MMDA Regulation No. 96-003 (Series of 1996) further authorizes towing and impounding of stalled and illegally parked motor vehicles and/or attachments thereof.
  • The Resolution implements the Council’s recognition of the need for uniform procedures and guidelines for towing and impounding across Metro Manila following devolution of authority to LGUs.

Definitions and key terms

  • A “Stalled Vehicle” is any motor vehicle and/or its attachments unable to proceed under its own motive power, on a public road, street, or thoroughfare, and dilapidated/junked vehicles in Metro Manila.
  • An “Illegally Parked Vehicle” is a vehicle parked in areas prohibited by existing law or ordinance or designated as NO PARKING areas or zones by the Authority and/or LGUs.
  • Illegally parked vehicle NO PARKING areas in Metro Manila include:
    • All National roads in Metro Manila.
    • On primary and secondary roads of cities and municipalities in Metro Manila:
      • Within six (6) meters of any intersection or curved lane.
      • Within four (4) meters of driveways or entrances to any fire station, hospital, clinic and other similar establishment.
      • Within four (4) meters of fire hydrants.
      • On the roadside of any legally parked vehicle.
      • On pedestrian crosswalks.
      • In front of any authorized driveway.
      • On sidewalks, paths and alleys not intended for parking.
      • At the foot or near bridges.
      • At any place where official signs have been erected prohibiting parking and/or declared NO PARKING ZONE by the MMDA.
      • Other areas duly declared as “NO PARKING ZONE” by law or ordinances.
  • An “Attended illegally parked vehicle” is an illegally parked vehicle whose driver is present or would appear at any time prior to actual clamping to the tow truck and is willing and able to move the vehicle without delay.
  • An “Unattended illegally parked vehicle” is an illegally parked vehicle that does not fall under the definition of attended illegally parked vehicle.

Coverage and who must follow

  • The guidelines apply to all towing services and trucks operating in Metro Manila, whether private or public.
  • The guidelines apply to towing services and trucks operated/owned by government agencies, including MMUs/LGUs and the MMDA.
  • The guidelines include tow trucks operated, owned, or accredited by motor vehicle repair shops, business establishments, transport groups, public utility companies, private clubs, groups, associations, and others.
  • Towing services/companies must remove stalled and/or illegally parked vehicles within their area of jurisdiction.

Scope of work and operational requirements

  • Towing services/companies have the primary responsibility to remove any stalled and/or illegally parked vehicle in their area of jurisdiction within the shortest time possible, but not exceeding fifteen (15) minutes from the time they received the report or directive.
  • Towing services must have designated impounding areas with an efficient system ensuring the safety of towed vehicles, accessories, parts, and tools.
  • The MMDA has authority to conduct inspection of impounding areas.
  • Tow trucks must be pre-deployed at strategic locations for quick response.
  • Towing services must operate on a 24 hour basis.

Vehicle, operator, and accreditation standards

  • All towing services must be registered with the Authority annually.
  • The Authority issues numbered stickers to tow trucks.
  • Registration requires submission of:
    • A duly accomplished registration form.
    • Certificate of Registration/Official Receipt of Registration.
    • Certificate of Public Convenience or Franchise issued by the LTFRB, if operating as for hire.
    • Certificate of Smoke Emission Tests.
    • SEC Registration and/or DTI Registration of Business Name.
    • Mayor’s Permit for the current year.
    • Location Map of Impounding Area.
    • Accreditation documents, if any.
    • NBI and Police Clearances of tow trucks personnel.
    • Certificate of drug tests and Neuro-Psychiatric Examination of tow trucks personnel.
    • A surety bond certificate covering PHP 100,000.00 per tow truck.
  • A registration fee of PHP 500 per sticker is paid by the applicant.
  • After submission of bond documents and the surety bond certificate, the Authority issues a registration certificate and sticker per tow truck.
  • Tow trucks must undergo air pollution tests every six (6) months.
  • Tow trucks must be in excellent running condition and equipped with radios and/or cell phones and required devices including:
    • Towing Bar
    • Spare tire
    • Chain block with belt lifter
    • Jack and tire wrench
    • Fire extinguisher
    • Blinker and hazard light
    • Tool Box
    • Two (2) units of reflectorized early warning device
    • A signboard installed at the rear of the towed vehicle indicating it is being towed
  • Tow trucks must undergo monthly maintenance check up.
  • Tow trucks must have proper markings on their body indicating the name, address and telephone number of the towing company/operator.
  • Tow truck crew/personnel must:
    • Wear identification cards, prescribed uniforms, shoes, and have short hair cuts.
    • Exercise utmost courtesy and observe proper decorum in dealing with the public/motorists.
  • Accreditation standards require:
    • At least two (2) wreckers passing standards for handling light and heavy vehicles; improvised wreckers not meeting standards are not allowed.
    • Submission of the company’s performance record to ensure sufficient skills.
    • A surety bond for each tow truck requested for accreditation, requiring a surety bond of PHP 100,000.00 per tow truck.
    • Annual accreditation fees to the concerned LGU:
      • PHP 5,000.00 for the first two (2) tow trucks
      • PHP 2,000.00 for every additional unit in excess of two (2) tow trucks
    • Submission of necessary documents for ownership of the company and towing equipment.
    • Standard colors for accredited tow trucks; MMDA accredited tow trucks must be white.

Rules on when to tow and what to issue

  • The towing company/agency—whether private or government— is responsible for losses/damages incurred while towing the vehicles.
  • For attended illegally parked vehicles:
    • The vehicle shall not be towed.
    • The driver is immediately issued a TVR.
  • For unattended illegally parked vehicles:
    • The vehicle shall be towed.
    • The driver is issued a TVR immediately upon arrival at the impounding area.
  • For stalled vehicles due to flat tire:
    • A flat-tired vehicle must be moved to the emergency lane on its own.
    • If it is not moved, the vehicle is towed and TVR is issued.
    • Changing of flat tires on the roadway is not allowed.
  • For stalled or illegally parked vehicles due to empty fuel tank:
    • The vehicle may be towed to the nearest gasoline station.
    • The towing fee must be paid to the tow truck based on the number of kilometers from the point of origin to the gasoline station.
    • A TVR is issued to the driver.
  • For stalled vehicles due to engine trouble:
    • The vehicle is towed when the driver deliberately refuses to remove the vehicle, cannot move due to absence of equipment, or due to circumstances beyond his control.
    • A TVR is issued to the driver.
  • Illegally parked vehicles already clamped to the tow truck are not subject for intercession by the owner or representatives of their tow truck.

Towing procedure, METROBASE control, and verification

  • Upon receipt of the report on a stalled/illegally parked vehicle, the tow truck proceeds immediately to the identified location.
  • Upon arrival, the tow truck crew immediately calls the MMDA METROBASE and provides:
    • Plate number, type and color.
    • Vehicle condition/other description.
    • Tow truck name, plate number, address and telephone number.
    • Designated impounding area or location where the vehicle will be brought.
  • If the vehicle is unattended, the tow truck driver blows the horn five (5) times twice in a row, with one minute between spaces.
  • If the owner does not respond, the vehicle is towed.
  • The METROBASE operator on duty verifies whether the tow truck is duly registered, records the details in the METROBASE official logbook, and assigns a control number for each entry or towing incident.
  • The METROBASE operator affixes a signature opposite each entry; logbook pages are pre-numbered; errors are corrected with a horizontal line indicating the error or its validation.
  • If the towed vehicle is in the watch list of carnapped vehicle, it is reported to the proper authorities.
  • The METROBASE gives clearance to tow by instructing: “YOU ARE CLEARED TO TOW”.
  • After clearance, the towing crew engages the tow-hook to the stalled or illegally parked vehicle.
  • Before actual towing, if the owner is around, the crew issues a Technical Inspection Report showing:
    • Name of the owner,
    • Vehicle plate number, type and color,
    • Accessories,
    • Description of the vehicle’s condition.
  • If the owner/driver is not in the premises, notice is left/entrusted to any traffic officer on duty or to a responsible person who can give notice to the owner.
  • The impounding area where the vehicle will be towed and impounded must be indicated in the notice.
  • If the vehicle owner refuses to accept the notice, the notice is disregarded and the apprehending officer notes the refusal before towing.
  • A TVR is issued in all instances as prescribed in the guidelines for issuance rules.
  • Within the first minute after towing begins, the tow truck crew advises the METROBASE that towing is in progress.
  • The tow truck crew advises the METROBASE of the time of arrival upon reaching the designated impounding area with the towed vehicle.
  • METROBASE validates the information.
  • If the towed vehicle is not recorded in the logbook, the vehicle is reported as missing and considered carnapped.

Monitoring, anti-colorum enforcement, and carnapping charges

  • Traffic enforcement units monitor suspicious or illegal towing operations in Metro Manila.
  • If suspicion arises due to absence of the sticker issued by MMDA, the traffic enforcer stops the tow truck for questioning.
  • The traffic enforcer calls the METROBASE to verify whether the towing incident is reported and whether the tow truck is duly authorized.
  • If the tow truck has no authority to operate towing in Metro Manila, the towing incident is treated as an unlawful or illegal act and the operator is charged for colorum operation.
  • The traffic enforcer issues a TVR to the tow truck operator through the driver for this violation and impounds the tow truck.
  • The traffic enforcer reports the illegally operating tow truck to the METROBASE with complete information on the towing vehicle and the towed vehicle.
  • METROBASE sends the information to law enforcement agencies to verify whether it is among vehicles reported as carnapped.
  • Appropriate carnapping charges are filed against the tow truck owner/operator when tow trucks are registered but fail to report ongoing towing operations, or when tow trucks are not registered with the MMDA/LGU concerned.

Impounding yards and construction rules

  • Construction and operation of impounding yards are subject to guidelines prescribed by the MMDA.

Towing fees and penalties for illegal parking

  • Towing fees are charged by tow trucks for hire and must be paid to the concerned Metro Manila LGU and/or to MMDA, depending on the case.
  • The towing fee schedule includes:
    • Trucks with gross capacity weight of 4,000 kilos and above: PHP 1,200.00
    • Cars, jeeps and pick-ups with gross capacity weight of less than 4,000 kilos: PHP 800.00
  • An illegal parking fine is imposed:
    • PHP 500.00 for any driver who illegally parks a motor vehicle on any public road, street or thoroughfare in Metro Manila.
  • A standard towing fee is collected in addition to the illegal parking fine, subject to:
    • Trucks with gross capacity weight of 4,000 kilos and above: PHP 1,400.00
    • Cars, jeeps and pick-ups with gross capacity weight of less than 4,000 kilos: PHP 1,000.00
  • The standard towing fees are collected by both government and private entities.

Goodwill duty during calamities

  • Accredited tow trucks must render services free of charge during conflagration, floods, earthquakes and other calamities within Metro Manila.

Implementation, rules, and effect on other issuances

  • Implementation is handled by the MMDA Traffic Operations Center, which supervises proper implementation of the guidelines.
  • Additional rules and regulations relative to implementation may be issued by the Chairman.

Revocation and effectivity

  • All issuances inconsistent with the guidelines are deemed revoked.
  • The guidelines take effect upon approval.

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