Legal basis and amendments made
- RA 7924 empowers the Metropolitan Manila Development Authority to set traffic policies for Metro Manila and coordinate and regulate traffic management programs and projects, which includes implementing this traffic-control regulation.
- The regulation is adopted and promulgated pursuant to Section 6 of RA 7924.
- The regulation strictly implements the “Closed Door Policy” by amending certain provisions of MMA Ordinance No. 18, series of 1991.
- MMA Ordinance No. 18, series of 1991 is amended to increase fines and redefine terms and penalties relevant to closed doors.
Policy intent and rationale
- The regulation enforces the Closed Door Policy to ensure compliance with bus-stop loading and unloading rules.
- The regulation is enacted to improve traffic flow in Metro Manila.
- The regulation is enacted to prevent traffic-related accidents.
- The regulation is based on observed widespread violations caused by insufficient penalties under the prior ordinance.
Closed-door operational rules
- Section 1 amends Section 1 paragraph 4 of MMA Ordinance No. 18, series of 1991.
- Moving bus doors must be properly maintained and kept in good physical condition.
- For buses with only one (1) door that are mechanically and electrically operated, the driver must keep the door closed except in specified loading and unloading zones.
- For buses with two (2) doors, the front door must be controlled/operated by the driver, and the back door must be controlled by the conductor, so both are kept closed in between designated bus stops.
- Owners of buses with physical defects are penalized.
Definitions added for enforcement
- Section 2 amends MMA Ordinance No. 18, Series of 1991 by adding definitions in the definition of terms.
- Defective Doors are doors of vehicles that cannot be closed properly even with the aid of human hands, including broken and dilapidated doors.
- Physical Defects are defects on the body of the vehicle not covered or classified as mechanical defects, including defective doors, defective windows, broken windshield, defective/broken suspension, broken and defective center bolts, worn-out tires, and other defects analogous to these.
Fines, penalties, and who pays
Section 3 amends Section 3 of MMA Ordinance No. 18, Series of 1991 and sets fines and penalties.
For loading and unloading in areas not specified as loading and unloading zones, the fine is PHP 500.00.
For failure to keep the door/s closed in between designated stops, the fine is PHP 1,000.00.
Persons liable (door-failure penalties):
- For buses with only one door, the driver pays the fine.
- For buses with two doors:
- For the front door, the driver pays the corresponding fine.
- For the back door, the conductor pays the corresponding fine.
Persons liable (physical defects penalties):
- For buses with physical defects, fines and penalties are imposed upon the owner/operator.
Defective non-operable doors and specified body/door defects:
- A fine of PHP 1,000.00 is imposed for defective non-operable doors, defective/broken center bolt, misaligned body, broken wind shield, damaged windows, damaged windshield, broken suspension, and such other defects analogous to these.
- The PHP 1,000.00 fine is issued thru order of payment.
- The vehicle shall be impounded if the owner/operator fails to pay the corresponding fine within seven (7) days upon receipt of notice.
- If redemption occurs and the vehicle continues operating along major thoroughfares without rectifying the physical defect identified, the vehicle is impounded again and a fine of PHP 5,000.00 is imposed plus charges for impounding fees.
Worn-out tires:
- A fine of PHP 250.00 is imposed for worn-out tires.
- If worn-out tires are the immediate cause of a road accident, a fine of PHP 5,000.00 is imposed on the operator.
- In accident cases, the operator must replace the worn-out tires; otherwise, the vehicle will be impounded.
Passenger-protection rule for unavoidable defects
- Section 4 provides that if an unavoidable physical defect occurs en route (e.g., broken center bolt, broken/defective suspension, inoperable door), the fares of the passengers shall be returned before asking passengers to disembark.
- This passenger-fare return is required to avoid penalty en route to the garage.
Vehicle impounding consequences
- Impounding is required when an owner/operator fails to pay the PHP 1,000.00 order of payment for specified physical defects within seven (7) days upon receipt of notice.
- Impounding is required again, with an additional fine of PHP 5,000.00 and impounding fees, if the vehicle continues operating on major thoroughfares after redemption without rectifying the identified defect.
- Impounding occurs if, in the case of worn-out tires that directly cause a road accident, the operator fails to replace the worn-out tires.
Effectivity and publication requirement
- Section 5 states that PPKM MMDA Regulation No. 04-003 takes effect fifteen (15) days after publication in two (2) newspapers of general circulation in Metro Manila.