Group asks SC: Stop higher fines for colorum PUVs

MANILA, Philippines - A transport group asked the Supreme Court (SC) yesterday to stop higher fines imposed on public utility vehicles (PUVs) without franchises and other traffic violations.

The National Confederation of Transport Workers Unions (NCTU) urged the SC to declare unconstitutional Joint Administrative Order No. 2014-01 or the Revised Schedule of Fines and Penalties for Violations of Laws, Rules and Regulations Governing Land Transportation. 

It accused the Department of Transportation and Communications (DOTC), Land Transportation Office (LTO) and Land Transportation Franchising and Regulatory Board (LTFRB) of usurping the legislative powers of Congress.

Speaking to reporters, NCTU chairman Ernesto Cruz said these three agencies do not have quasi-legislative power to revise fines and penalties.

“In short, JAO 2014-01 is illegal, unjust and a form of legal extortion,” he said.

It was the third petition against the JAO before the SC.

The first two were those of the Samahan ng Mga Tsuper at Operator ng Pilipinas Genuine Organization (Stop & Go) and trucking company Ximex Delivery Express Inc.

They have also asked the SC to issue a temporary restraining order (TRO) against the JAO.

However, the SC has deferred ruling on the petition and ordered respondent to file comments.

Petitioners alleged that the new measure is a form of restraint in trade in violation of the Constitution.

They believed the increase in fines would only encourage corrupt traffic enforcers to step up their extortion activities.

Under the assailed order, severe penalties would be imposed on vehicles or public utility vehicles plying the routes without a franchise.

These buses stand to pay a fine of P1 million from the present P6,000, while trucks will be fined P200,000; jeepneys P50,000; vans, P200,000;  sedans, P120,000; and motorcycles, P6,000.

The unauthorized vehicles will also be impounded for a minimum period of three months, while their certificate of public convenience will be revoked together with their vehicle registrations.

The vehicle will also be blacklisted from being used as a public utility in the future.

On second offense, the entire fleet of the erring operator will be revoked, the vehicle blacklisted from being used as PUV in the future, while vehicle registration will also be revoked.

Under the order, a P5,000 fine will be imposed on those who fail to attach, and those who improperly attach or tamper with motor vehicle license plates and third-plate stickers.

The DOTC said this includes the attachment of any unauthorized accessory or device, which impedes the visibility or reflectivity of the valid license plate or third-plate stickers.

The order also imposes higher penalties for other violations, including driving without a valid driver’s license, reckless driving, failure to wear a seatbelt, driving an unregistered motor vehicle, and other breaches of traffic rules and regulations.