Title
Uniform Penalty Computation for Axle Overloading
Law
Lto Memorandum Circular No. Acl-2009-1192
Decision Date
Jul 3, 2009
The LTO Memorandum Circular establishes a uniform penalty system for axle overloading, imposing a fine of 25% of the Motor Vehicle User's Charge for violations, while allowing a 4.99% tolerance on gross vehicle weight but strictly enforcing limits on axle loads exceeding 13,500 kilograms.
uniform computation
axle overloading
traffic violations

Legal basis and referenced issuances

  • The Circular implements Item D, No. 56 of Department Order No. 2008-39 (Revised Schedule of LTO Fines and Penalties for Traffic and Administrative Violations).
  • The Circular directs that the computation for allowable weight refers to Sec. 6(b) of the IRR of RA 8794 (in determining allowed GVW).
  • The Circular follows the recommendation of the Commission on Audit contained in its Annual Audit Report for CY 2008 regarding uniform penalty computation.
  • The penalty computation also relies on MVUC paid as evidenced by the Official Receipt (OR) and on GVW shown on the Certificate of Registration (CR).

Policy and intent for uniformity

  • The Circular requires uniform interpretation of the axle overloading provision under Item D, No. 56 of Department Order No. 2008-39.
  • The Circular mandates a common computation of the imposable fine for axle overloading, aligned with COA’s CY 2008 audit recommendation.
  • The Circular provides computation rules intended to standardize enforcement outcomes using identical mathematical steps.

Definitions and computation inputs

  • The Circular uses the MVUC paid as indicated in the Official Receipt (OR) as the monetary base for the fine computation.
  • The Circular uses the GVW as indicated in the current Certificate of Registration (CR) to compute allowable gross weight for violation determination.
  • The Circular treats 4.99% tolerance as a permitted tolerance for exceeding registered GVW (computed based on GVW as indicated in the CR).
  • The Circular defines excess load as the amount computed after adding tolerance to the registered GVW and then deducting the actual weight at the time of apprehension.
  • The Circular sets an absolute axle-load threshold rule by providing that the 4.99% tolerance shall not apply to excess axle load beyond the allowable 13,500 kgs./axle.

Coverage and enforcement effect

  • The Circular applies to enforcement of axle overloading penalties and fine computation for owner/operator or driver.
  • The Circular governs the fine determination during the apprehension and random roadside weighing processes.
  • The Circular applies whether overloading is determined through standard weighing or actual random roadside weighing, while maintaining the rule on whether the excess falls within the 4.99% tolerance.
  • The Circular imposes an accessory operational restriction affecting whether the vehicle is allowed to proceed on the roadway in specified overloading situations.

Mandatory fine computation rules

  • The fine imposed upon the owner/operator or driver must be equivalent to 25% of the MVUC paid at the time of infringement as indicated in the Official Receipt (OR).
  • The 4.99% tolerance must be computed based on the GVW as indicated in the current Certificate of Registration (CR).
  • The Circular provides that the penalty can be waived for loads exceeding the registered GVW by a tolerance of 4.99%.
  • The excess load must be computed by:
    • Adding 4.99% tolerance to the registered GVW, then
    • Deducting the total from the actual weight at the time of apprehension to determine Excess Weight (Violation).
  • The 4.99% tolerance shall not apply to excess axle load beyond 13,500 kgs./axle, and the penalty of 25% of the MVUC must be imposed if any axle exceeds 13,500 kgs. during actual weighing.
  • When determining the fine for exceeding registered GVW, the Circular requires use of the following computation steps:
    • Allowed GVW per Sec. 6(b) of the IRR of RA 8794
    • Add: Tolerance of 4.99% (less than 5%)
    • Total allowed GVW
    • Less: Actual Weight at time of Apprehension
    • Excess Weight (Violation)
    • Multiply by Amount of the MVUC paid per current Official Receipt
    • Multiply by 25% = amount of Fine
  • When determining the fine for violation in axle load, the Circular requires the following computation steps:
    • Excess Axle Load per Axle 1, Axle 2, and Axle 3
    • Use the Amount of the MVUC per current Official Receipt
    • Multiply by 25% = Amount of Fine

Accessory penalty: prohibition to proceed

  • As an accessory penalty, no motor vehicle shall be allowed to proceed on the roadway if either condition occurs:
    • A dual-wheel axle load exceeds 13,500 kilograms, or
    • The vehicle load exceeds 150% of the maximum allowable gross weight.

Compliance direction

  • The Circular requires guidance and strict compliance with its uniform penalty computation guidelines for axle overloading enforcement.

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