Title
LTFRB MEMORANDUM CIRCULAR NO. 2009-009
Date
Feb 20, 2009
The LTFRB mandates that only its Central Office can issue provisional authority for public land transportation services, restricting regional offices from doing so except for specific cases like truck for hire and tourist transport in Palawan, while recalling previous authorizations.
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Law Summary

Exclusive Authority of the Board

  • Explanation: This section reiterates that the issuance of provisional authority to operate public land transportation services is exclusively vested in the Board by Executive Order 202 and Commonwealth Act 146, as amended.
  • Key Definitions:
    • Provisional Authority: A temporary permit allowing the operation of public land transportation services.
  • Important Requirements/Procedures:
    • The Board directs Regional Directors, including those in CAR, ARMM, and CARAGA, to refrain from issuing provisional authority except as specified.
  • Consequences: Unauthorized issuance of provisional authority is prohibited.

Exceptions to the Rule

  • Explanation: The Board allows certain exceptions where provisional authority may be issued.
  • Key Details:
    • Provisional Authority for Truck for Hire Services: Allowed in all regions.
    • Provisional Authority for Tourist Transport Service: Specifically allowed in Palawan by Regional Office IV.

Endorsement Procedure

  • Explanation: All petitions for provisional authority that do not fall under the specified exceptions must be forwarded to the LTFRB Central Office.
  • Important Requirements:
    • Petitions must be properly endorsed for approval by the Board En Banc.

Repeal of Previous Authority

  • Explanation: Memorandum Circular 2006-062, which authorized Regional Directors to issue provisional authority for GT (P2P) Express Service, is hereby recalled.
  • Consequences:
    • All prior issuances inconsistent with this Memorandum Circular are superseded and amended.

Effective Date

  • Explanation: The provisions of this Memorandum Circular are effective immediately upon adoption.
  • Date Adopted: February 20, 2009.

Key Takeaways

  • The LTFRB retains exclusive authority to issue provisional authority for public land transportation services.
  • Regional Directors may only issue provisional authority for specified exceptions.
  • All petitions not covered by exceptions must be submitted to the Central Office for approval.
  • Previous authorizations inconsistent with this Circular are revoked.
  • The memorandum is effective immediately as of February 20, 2009.

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