Truck-for-Hire Service CPC Requirement

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LTFRB MEMORANDUM CIRCULAR NO. 2004-043: Truck-for-Hire Service CPC Requirement

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Title Supreme Court: Truck-for-Hire Service CPC Requirement

Law: Ltfrb Memorandum Circular No. 2004-043

Decision Date: Dec 12, 2004

All owners and operators of private vehicles classified as trucks or aluminum vans, except tricycles, must secure a Certificate of Public Convenience from the LTFRB to operate as a truck-for-hire service, with a 60-day compliance period before enforcement begins.

public convenience

A

Requirement to Secure Certificate of Public Convenience (CPC)

All owners/operators of covered vehicles must secure a CPC from the Land Transportation Franchising and Regulatory Board (LTFRB) to operate truck-for-hire services.
This requirement is mandatory except for certain exemptions.

Exemptions from CPC Requirement

Vehicles used exclusively for the owner's own business may be exempted.
Exemptions are determined solely by the LTFRB.
Applicants seeking exemption must file a Petition/Application including:
1. Certificates of Registration and Official Receipts for the vehicles.
2. Certificate of Incorporation or Cooperation issued by the Securities and Exchange Commission (SEC) or Cooperative Development Authority (CDA).
3. Business Name Registration from the Department of Trade and Industry (DTI) for sole proprietorship.
4. Business Permit or Mayor's Permit from the local government unit where the principal business is located.
5. Financial Statements for the last two fiscal years, duly received by the Bureau of Internal Revenue (BIR) if a corporation or cooperative.
6. Income Tax Return.
7. Social Security System (SSS) Enrollment or Coverage of employees.

Compliance Timeline and Enforcement

Owners/operators have 60 days from the effectivity of the Circular to file the Petition/Application for exemption or apply for the CPC.
From 15 February 2005, traffic enforcement units are authorized to apprehend drivers of non-compliant vehicles.
Drivers must present proof of CPC or official exemption to avoid apprehension.

Dissemination and Publication

All Regional Offices must post the Circular in a visible area accessible to the public.
The Circular must be published at least once in newspapers of general circulation in each respective region.

Supersession and Effectivity

This Circular supersedes any prior issuances inconsistent with its provisions.
The Circular shall take effect 15 days after filing three copies with the UP Law Center, per Presidential Memorandum Circular No. 11 dated 9 October 1992.

Legal Authority and Signatories

Promulgated pursuant to the LTFRB's policy-making powers regarding public land transport service permits.
Signed by LTFRB Chairperson Maria Elena H. Bautista and Board Member Felix S. Racadio on 13 December 2004.

END