Title
Supreme Court
Clarification on company courier vehicles and LTFRB franchise
Law
Lto Memorandum
Decision Date
Sep 8, 2010
The LTO clarifies that company-owned delivery vans and trucks used exclusively for business operations are not classified as public service vehicles and therefore do not require a franchise from the LTFRB.

Law Summary

Scope of Application

  • Applies to motor vehicles (delivery vans, trucks) registered in the name of a company.
  • Vehicles exclusively used for the company’s own business operations, not for public transport or common carriage.

Definition of Public Service Vehicle under the Public Service Act

  • Public service vehicles include common carriers operated for hire or compensation.
  • Includes motor vehicles used for freight or passengers with general business purposes.
  • Requires Certificate of Public Convenience (CPC) issued by the LTFRB for public service operation.

Key Provision on Franchise Requirement

  • Only vehicles operating as public carriers or offering public service must secure an LTFRB franchise.
  • Company-owned vehicles used exclusively for internal business operations do not qualify as public service vehicles.
  • Such company vehicles are not required to obtain a franchise from the LTFRB.

Legal Basis

  • Reference to Section 13, paragraph B of the Public Service Act clarifying the nature of public service vehicles.
  • Reinforces that private business use vehicles are outside the franchise requirement.

Implications for Enforcement

  • LTO and its deputized agents should refrain from apprehending company vehicles solely for lack of LTFRB franchise if used for company operations.
  • Prevents unnecessary penalties and operational disruption to businesses.

Instruction for Compliance

  • Mandates guidance and strict compliance with the clarified interpretation by relevant agencies.
  • Authorized by the Assistant Secretary of the LTO, Virginia P. Torres.

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