Title
LTFRB policy on bus sale, transfer, substitution
Law
Ltfrb Memorandum Circular Number 2007- 006
Decision Date
Feb 12, 2007
The LTFRB issued a memorandum circular to clarify the policies regarding petitions for sale and transfer, as well as dropping and substitution of units under the Bus Rationalization Program, allowing certain exceptions and prohibiting simultaneous filing of petitions.

Purpose: resolve conflicting policy

  • The circular resolves conflicting LTFRB policy issuances affecting petitions/applications for sale and transfer and for dropping and substitution of public utility vehicles.
  • The circular clarifies when the LTFRB allows acceptance and filing of these petitions/applications in light of prior memoranda that created contradictory rules.

What the circular governs

  • The circular governs acceptance and filing of petitions/applications for:
    • Sale and Transfer of CPCs (Certificate of Public Convenience), and
    • Dropping and Substitution of PUB units (public utility buses).
  • The circular governs these rules under the Bus Rationalization Program and for other types of denomination (including PUJ, TAXI, TH, etc.).
  • The circular expressly governs the processing timing of the specified petitions/applications.

Permitted filings under bus rationalization

  • The LTFRB allows acceptance and filing of petitions for dropping and substitution of PUB units under the Bus Rationalization Program provided that the substitute units are brand new.
  • The “brand new” substitute requirement is treated as the condition provided in MC 2003-024 dated 4 September 2003.
  • The LTFRB allows acceptance and filing of petitions for sale and transfer of CPCs when the CPC units are:
    • b.1 units included in Tables 1, 2 and 3 of the Bus Rationalization Program, or
    • b.2 units already approved under the Bus Rationalization Program.
  • The LTFRB allows these sale-and-transfer petitions subject to the exceptions provided in MC No. 2003-025 dated 24 February 2003.

Critical limitation: voluntary segregation window

  • The LTFRB disallows substitution when the CPC is subject of an Application for Voluntary Segregation of any of the authorized PUB unit.
  • The circular provides that substitution of the unit subject thereof shall not be allowed during the period of the Voluntary Segregation Program.
  • The circular links this prohibition specifically to the dropping-and-substitution allowance for Bus Rationalization Program cases.

Allowed filings for other denominations

  • The LTFRB allows acceptance and filing of a petition for sale and transfer with dropping and substitution of units for all other types of denomination (including PUJ, TAXI, TH, etc.).
  • The circular does not limit the allowance for these “other types of denomination” to the Bus Rationalization Program tables or already-approved units.

Processing timing: may be processed anytime

  • The LTFRB provides that Petitions for Sale and Transfer, Dropping and Substitution may be processed at anytime during the validity of the CPCs.
  • This processing rule applies to petitions covered by the circular’s clarifications.

Supersession and inconsistent issuances

  • The circular supersedes any and all issuances inconsistent herewith.
  • The circular’s clarifications operate as the controlling LTFRB policy on acceptance and filing of the enumerated petitions/applications within its effectivity period.

Previously conflicting policy rules (context)

  • The circular resolves prior policy issuances that had created restrictions affecting:
    • Petitions/Applications for Sale and Transfer of CPCs under the Bus Rationalization Program, and
    • Petitions/Applications for Sale and Transfer with Dropping and Substitution of units.
  • The circular clarifies that the prior restrictive scheme is modified by the specific permissions and limitation rules stated in the circular.

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