Title
Implementing Rules for LGU LPTRP Operator Selection
Law
Memorandum Circular No. 2018-009
Decision Date
May 31, 2018
LTFRB Memorandum Circular No. 2018-009 implements rules for the consolidation of existing transport operators into a single legal entity, giving preference to existing operators in franchise processing, accommodating excess operators in underserved routes, and setting specific requirements for legal, technical, and financial qualifications, with penalties for non-compliance, and repealing inconsistent issuances, taking immediate effect upon publication.
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Definitions

  • Developmental or New Routes: New routes serving new developments with minimal overlap to existing routes.
  • Existing Routes: Routes currently in operation as approved in the LPTRP.
  • Local Public Transport Route Plan (LPTRP): A comprehensive plan prepared by LGUs detailing transportation routes, modes, and fleet requirements, approved by DOTr/LTFRB.
  • Rationalized Routes: Existing routes modified under the approved LPTRP.

Governing Principles

  • Applicable to existing, rationalized, and new routes identified in the LPTRPs.
  • Encourages consolidation of existing operators per route into a single legal entity with a fleet manager for accountability.
  • Preference given to existing and rationalized route operators in franchise processing, subject to requirements.

Selection Process for Operators

  1. Consolidation and Preference: Operators on existing routes that consolidate into legal entities can apply for franchise, submitting certified franchise award and qualification documents.
  • Cooperatives receive preference under Philippine Cooperative Code (RA 9520).
  1. Excess Operators: Operators displaced by rationalization or affected by new transport modes prioritized for underserved or new routes with required documentation.
  2. Compliance Requirements: Applicants must consolidate fleets, have OFG-compliant units, and fulfill related regulatory requirements to apply for Certificates of Public Convenience (CPC).
  3. Open Selection: When existing operators fail to comply, LTFRB opens selection to qualified applicants with public calls detailing route and vehicle specifications, operating conditions, qualifications, and authorized fare.
  4. Pre-Qualification Meeting: Organized to clarify application procedures and timelines for document submissions.
  5. Documentation Requirements: Applicants must submit:
    • Legal documents proving organizational status (sole proprietorship, corporation, partnership, or cooperative).
    • Technical documents including vehicle specs, delivery schedule, AFC arrangements, and garage facilities.
    • Financial documents indicating capitalization, net worth, and financial projections.
  6. Pre-Qualification Committee: Established to review and seek clarifications on submitted documents within seven days.
  7. Evaluation: Pass or fail rating on qualification criteria; complete submissions are mandatory for qualification.
  8. Multiple Qualified Applicants: Public lottery conducted to choose among qualified applicants.
  9. Notice of Selection: Issued promptly after the Committee's evaluation.
  10. Unit Availability and Penalties: 50% of vehicles must be operational within six months; full fleet within one year; P5,000 daily fines for non-compliance unless justifiable delay is proven.
  11. Issuance of Provisional Authority and CPC: Provisional Authority granted upon proof of unit availability; CPC issued when 100% of fleet is operational.

Repealing Clause

  • Supersedes inconsistent prior issuances.

Effectivity

  • Effective immediately upon publication in a newspaper of general circulation.
  • Copies to be filed with UP Law Center per Presidential Memorandum Circular No. 11.

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