Legal basis and adopted security framework
- The Order is issued pursuant to R.A. 7621 and CPA General Port Rules and Regulations.
- The Order is adopted for compliance with the International Maritime Organization (IMO) International Ship and Port Facility Security (ISPS) Code.
- The Order is anchored on an applicable National Security Programme for Sea Transport and Maritime Infrastructure (NSPSTMI).
- The Order cites CPA Board Resolution No. 549, s. 2010 as authority for prescribing the regulations (Preamble).
Policy and definitions
- The declared policy is to maximize the utilization of open spaces as parking lots for the convenience, safety, and security of all port users within CPA ports and premises (Section 1).
- Authority means the Cebu Port Authority (CPA) (Section 3).
- Abandoned Vehicle means a vehicle left unattended for more than 24 hours (Section 3).
- Authorized Tow Vehicle means any towing vehicle authorized by the Authority to remove or transfer abandoned vehicles or vehicles obstructing smooth traffic flow within the port or the ingress/egress from the port (Section 3).
- Bicycle means a two-wheeled vehicle propelled solely by human power (Section 3).
- No Parking Areas means all port roads and other areas not designated for parking as indicated by appropriate “No Parking” signs (Section 3).
- No Stopping Areas means all areas designated as such and indicated by appropriate “No Stopping” signs (Section 3).
- No Waiting Areas means areas designated as No Waiting Areas and indicated by appropriate “No Waiting” signs (Section 3).
- Overnight Parking means leaving a vehicle within the port and its premises after 12:00 o’clock midnight until 6:00 A.M., whether or not within designated parking areas (Section 3).
- Parking or parked means bringing a vehicle to a stop on the shoulder or proper edge of a roadway and remaining inactive there for an appreciable period of time; it excludes a stop made only to discharge/take in passengers or to load/unload a small quantity of freight with reasonable dispatch, followed by moving away without delay (Section 3).
- Parking Area means a portion of the port and/or its premises where parking is permitted, indicated by notices or “Parking Area” signs (Section 3).
- Trailer means a vehicle not otherwise self-propelled, usually attached to the rear of a motor vehicle (Section 3).
- Vehicle means any conveyance or other device propelled or drawn by any means, including a bicycle, chassis and prime movers, and where the context permits, includes an animal driven or ridden (Section 3).
Parking designations and operational rules
- CPA designates specific CPA parking areas, including:
- the rotunda fronting Pier Passenger Terminal Building;
- fronting Pier 3 Passenger Terminal Building;
- fronting CPA Passenger Terminal 3 (Berth 13) Building;
- across Supercat Passenger Terminal Building;
- fronting the CPA Main Administration Building; and
- specifically designated areas at the Outports (Section 4).
- Appropriate signs must be installed at each parking facility indicating parking charges and the time the facility is open for business (Section 4).
- The General Manager may expand, reduce, amend, or modify designated parking areas at any time (Section 4).
- No driver shall park in No Parking Areas as indicated by “No Parking” signs (Section 5).
No stopping, no waiting, and prohibited vehicle conduct
- No vehicle shall stop at or near the entrance/exit of any passenger terminal or establishment within the port and its premises, except for a quick stop to discharge or take in a waiting passenger, or to load or unload a small quantity of freight with reasonable dispatch, after which the vehicle must move again without delay (Section 6).
- All vehicles entering or exiting CPA gates are subject to security check, verification of payment of port charges, and/or compliance of law (Section 6).
- A vehicle is not considered parked if it moves away without delay after the quick stop under the allowed exceptions (Section 6).
- No driver shall:
- leave a vehicle waiting in a No Waiting Area;
- park a vehicle in a No Parking Area, except for loading/unloading goods or passengers;
- leave a vehicle waiting in a No Stopping Area for any purpose; or
- leave a vehicle waiting in a Parking Area contrary to the limitations on days, periods of the day, or classes of vehicles shown by the inscriptions on associated signs (Section 8).
- A person may park or leave a vehicle waiting in No Parking/No Waiting/No Stopping areas only when:
- the restriction is suspended by reason of the sign inscription; or
- the sign inscription exempts the vehicle from the restriction within that area (Section 8).
- The General Manager may expand, reduce, amend, or modify the designation of parking and other areas or facilities (Section 8).
- No person shall park a vehicle on any roadway within the port and premises for the principal purpose of:
- displaying the vehicle for sale; or
- washing, greasing, or repairing the vehicle, except repairs necessitated by emergency (Section 9).
Parking fees, maximum stay, and overnight ban
- Parking fees apply during the regulated period, by vehicle type, as follows:
- Bicycle, tricycle, and similar units: PHP 20 per hour/fraction;
- 4-wheel vehicles: PHP 25 per hour/fraction;
- 6-wheel vehicles: PHP 30 per hour/fraction;
- Trucks, buses, prime movers, trailers: PHP 100 per hour/fraction;
- Heavy-equipment: PHP 200 per hour/fraction (Section 7).
- Parking is limited to a maximum of 2 hours only (Section 7).
- To extend stay, the person must inform the CPA parking attendant or the nearest CPA office; otherwise the vehicle is deemed illegally parked and subject to fines in addition to any parking fee due (Section 7).
- The Authority may remove or tow an illegally parked vehicle to an impounding area at the expense of the vehicle owner/representative (Section 7).
- PWDs and Senior Citizens are exempt from the 2-hour limit if:
- the person is personally driving or is on board the vehicle;
- the person is a holder of a PWD and SC card (and must present it to the parking attendant and port traffic enforcer/CPA police);
- the person pays the first 2 hours and pays excess hours upon leaving (Section 7).
- The towing vehicle/CPA must provide a tag to identify exempted vehicles to guide the parking attendant, port traffic enforcer/CPA police, and the towing service provider (Section 7).
- Overnight Parking is not allowed; motor vehicles found parking after 12:00 o’clock midnight within the port and its premises must be towed to an impounding area, and the driver/owner must pay the corresponding fine and fees (Section 10).
Authorized removal and parking facility violations
- When a port traffic enforcer finds a vehicle standing on a port road in violation, the enforcer is authorized to move the vehicle or require the driver or person in charge to move it off the paved or main traveled part of the road (Section 11).
- When a traffic enforcer finds a vehicle unattended on a port road or premises that obstructs traffic, the enforcer is authorized to arrange removal to the nearest garage or other place of safety (Section 11).
- Removal expenses are charged to the vehicle owner (Section 11).
- Within any pay parking facility inside the port and premises, it is unlawful for any person to:
- refuse or fail to pay parking charges;
- park across any line/marking of a parking space or in a position where the vehicle does not entirely fall within the designated area;
- tamper or damage any vehicle other than his own;
- park for washing/cleaning/greasing/repairing except for emergency repairs or in a designated area;
- display for sale or sell goods or merchandise; or
- disregard any official direction, instruction, or restriction posted in the facility (Section 12).
Notice, appearance requirement, and consequences
- When a motor vehicle without a driver is found parked or stopped in violation, the finding officer must:
- note the plate number; and
- may take information displayed on the vehicle identifying its user; and must conspicuously affix a notice of violation for the driver to answer within seven (7) days, at the specified hours and place indicated in the notice (Section 13).
- Persons apprehended and issued notices must appear before the CPA Port Police for appropriate disposition within the period specified in the notice (Section 14).
- Failure to appear constitutes a waiver of the right to contest the notice of violation and results in liability for the payment of the corresponding fees or charges (Section 14).
Exemptions, special cases, and penalties
- Vehicles of CPA officials and employees are exempt from coverage of the Order (Section 15).
- Official vehicles of other government agencies performing maritime functions with offices inside the port and vehicles of concessionaires with valid permits issued by the Authority may be allowed their respective parking areas as prescribed by the General Manager (Section 16).
- Penalties for violations are fixed as follows (Section 17):
- Illegal Parking: PHP 500.000
- No Stopping: PHP 500.00
- No Waiting: PHP 500.00
- Overnight Parking: PHP 2,000.00
- Other Violations: PHP 500.00
- The fines operate without prejudice to the Authority’s option to cancel, revoke, or confiscate any permit/pass/sticker issued by the Authority when warranted for the public interest (Section 17).
Separability, repeal, and effectivity
- If any provision of the Order is declared unlawful by a competent authority, the remaining provisions continue in full force and effect (Section 18).
- All orders, circulars, and other issuances inconsistent with the Order are deemed repealed or modified accordingly (Section 19).
- The Order takes effect 15 days after publication in a newspaper of general circulation (Section 20).