Title
Procedure for handling cargo overloading cases
Law
Lto Memorandum Circular No. 92-151
Decision Date
Apr 3, 1992
The LTO establishes procedures for adjudicating overloading cases, imposing a P100 fine and allowing truck owners to pay for excess weight as additional gross weight for one year, to combat highway damage caused by non-compliance with loading standards.

Objective of the Memorandum Circular

  • To prevent premature deterioration and damage to public roads and bridges caused by overloading.
  • To establish clear procedures and guidelines for adjudicating overloading cases.

Administrative Fine for Overloading

  • An administrative fine of P100.00 shall be imposed for violations related to overloading.
  • This imposition is pursuant to Batas Pambansa No. 398, which governs penalties related to public highway offenses.

Treatment of Excess Load as Additional Gross Weight

  • The amount of load exceeding the prescribed capacity shall be treated as additional gross weight.
  • The owner or operator is allowed to use this additional gross weight for a period of one calendar year.

Limitations on Additional Gross Weight

  • The imposition of additional gross weight shall not surpass 4,000 kilograms, regardless of the actual excess load at the time of apprehension.

Computation of Payment for Additional Gross Weight

  • Payment rates differ based on fuel type and truck registration status:
    • Gasoline-Fueled Trucks:
      • T-Truck (registered private): P0.20 per kilo excess
      • TH-Truck (registered as hire): P0.30 per kilo excess
    • Diesel-Fueled Trucks:
      • T-Truck (registered private): P0.12 per kilo excess
      • TH-Truck (registered as hire): P0.15 per kilo excess

Enforcement and Compliance

  • Strict compliance with these procedures and guidelines is required to effectively address overloading violations.
  • The memorandum was adopted and enforced as of April 3, 1992, under the authority of Assistant Secretary Juan V. Borra, Jr.

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