Amendment to IRR of R.A. 8794 on Vehicle Overloading

Republic Act No. 8794 imposes a Motor Vehicle User’s Charge (MVUC) and includes an overloading-related charge provision under Section 6.
Section 9 of Republic Act No. 8794 authorizes the Secretaries of the DPWH and DOTC to jointly promulgate rules and regulations to implement and carry out the law’s provisions.
The IRR of Republic Act No. 8794 was issued on August 16, 2000 and contained overloading provisions in Article I, paragraph 7c.
A joint enforcement mechanics was set by a Joint Circular issued on November 19, 2001, with an annex table prescribing maximum allowable gross vehicle weights based on truck/trailer configuration.
The amendment is adopted pursuant to Article IV, paragraph 18 of the IRR, which supports modifications for effective enforcement of the anti-overloading provisions.

Overloaded vehicles, particularly trucks and trailers, cause tremendous damaging effects on highway safety and traffic operations.
Overloading imposes a heavy toll on government investment in infrastructure.
The amendment is intended to ensure proper and effective enforcement and strict observance of Republic Act No. 8794 anti-overloading provisions.

The amendment modifies Article I, paragraph 7c of the IRR under the heading “Penalty for Overloading.”
An amount equivalent to twenty-five percent (25%) of the Motor Vehicle User’s Charge (MVUC) is imposed on trucks and trailers for loading beyond their prescribed gross vehicle weight, subject to the axle limit of thirteen thousand five hundred kilograms (13,500 kgs.).
The amended structure provides rules defining overloading, requiring special permits, and specifying enforcement and responsibilities.

Overloading exists when the gross vehicle weight (GVW) exceeds the prescribed limit in Annex “A”, provided that the dual-wheel single axle load does not exceed thirteen thousand five hundred kilograms (13,500 kgs.).
A Special Permit to Travel (identified in the IRR amendment as required for certain vehicles) is issued by the DPWH.
The Special Permit to Travel is required for:
- vehicles with inseparable/or special cargoes exceeding the corresponding GVW; and
- vehicles with configuration different from those shown in Annex “A.”

The DPWH must install and operate weighbridge stations/portable weighing machines at strategic locations along national roads for implementation of Republic Act No. 8794 against overloading.
The DPWH is allowed to outsource to Private Contractors the operation of the weighbridge stations/portable weighing machines.
The weighbridge/portable axle weighing stations must operate twenty-four (24) hours a day, including Saturdays, Sundays and holidays.
The DOTC, through the LTO, is responsible for imposing penalties on overloaded vehicles determined through the operation of the weighbridge and portable axle load weighing devices.
The LTO personnel, or its duly deputized DPWH or PNP-TMG personnel assigned at the station, must issue to the driver of the overloaded vehicle a Temporary Operator’s Permit (TOP) indicating:
- the excess load; and
- the corresponding penalty to be paid in the amount equivalent to twenty-five percent (25%) of the MVUC applicable to the vehicle at the time of infringement.

The vehicle owner is responsible for ensuring that the vehicle is not overloaded while traversing the roadway.
This responsibility starts from the vehicle’s point of origin up to its final destination.
The vehicle owner is responsible for taking measures to ensure the security and safety of its personnel and load when measures must be adopted to comply with the law against overloading.

The amendment takes effect on June 1, 2013.
Effectivity is conditioned on:
- publication in two (2) newspapers of general circulation; and
- filing of three (3) copies with the UP Law Center.