O10551-2007 (Providing For The Traffic Code of Cagayan de Oro City) Second and Final Reading
O10551-2007 (Providing For The Traffic Code of Cagayan de Oro City) Second and Final Reading
O10551-2007 (Providing For The Traffic Code of Cagayan de Oro City) Second and Final Reading
(d)
the flow of people and goods through the road network shall be as efficient, safe,
unhampered and orderly as possible for the economic and social vitality and
viability of the City;
urban road space is a scarce commodity, the competing use of which must be
allocated for the greatest good and the greatest number through judicious, fair,
participatory and informed traffic management system;
traffic problems and issues must be resolved in a rational manner, guided by facts
and shaped through consultation, collaboration, and coordination with the different
Barangays as well as national agencies like the Department of Public Works and
Highways and the Department of Transportation and Communications;
the public has the right to be informed a priority, and to participate in the
formulation of any measures that may effect their community and traveling habits.
SECTION 4. Definition of Terms When used on this Code, the following terms
shall be construed to mean as follows:
a.
Abandoned vehicle any vehicle unattended for more than twenty-four (24)
hours on a public highway.
b.
c.
d.
Acceleration lane- a speed change lane used for increasing speed and merging
with fast moving vehicles.
e.
f.
Bicycle path or lane a way established for the exclusive use of bicycle,
including tricycles propelled by human power, but excluding pushcarts and animal
drawn vehicles.
g.
h.
i.
j.
k.
Deceleration lane a speed change lane used for decreasing speed, preparatory
to stopping or exiting a fast lane.
l.
Divided road a highway or road with separated carriageways for traffic traveling
in opposite directions.
m.
Driver Any person having control of the directional and motive power of a
vehicle.
n.
o.
Footway- that portion of the road set aside for pedestrian use only.
p.
High beam means a beam of light projected from vehicle headlights such that
the main bright portion of the beam thereof rises above the horizontal plane
passing through the lamp centers parallel to the road level upon which the vehicle
stands.
q.
r.
s.
t.
Low beam means a beam of light projected from vehicle headlights such that
none of the main bright portion of the beams thereof rises above a horizontal plane
passing through the lamp centers parallel to the road level upon which the vehicle
stands.
u.
v.
w.
x.
y.
z.
aa.
Parked a vehicle is said to be parked if it is stationary for the period during which
the vehicle is not limited to the time needed to pick up or set down persons or
goods.
bb.
cc.
Reckless Driving a person while driving a motor vehicle fails to take such
ordinary care as under the circumstances it is his legal duty to do to avoid injury to
person or property.
dd.
ee.
Public Place any place where the public have access, upon payment or
otherwise.
ff.
Road sometimes called street or highway, means that part of the land surface
designed or used for the passage of vehicles, whether motorized or not, inclusive of
sidewalks and shoulders forming part of the right-of-way.
gg.
Road marking any traffic control device laid out or painted on the surface of the
road or carriageway used to regulate traffic or to warn or guide road users, used
either alone or in conjunction with other signs or signals to emphasize or clarify
their meaning.
hh.
ii.
jj.
kk.
Stop line a line marked across the thoroughfare near a traffic control signal, stop
sign, childrens crossing or intersection.
ll.
mm.
Traffic control signal means any device using a word or words, a symbol or
symbols, a colored light or lights or any combination thereof, operated
mechanically, electrically, manually or otherwise by means of which traffic may be
controlled or regulated.
nn.
Traffic Island a defined area within the roadway, usually at an intersection and
set off above ground level, from which traffic is intended to be excluded and which
is used for control of vehicular movements and as pedestrian refuge.
oo.
pp.
qq.
rr.
ss.
Vehicle- means any conveyance or other device propelled or drawn by any means
and includes a bicycle and, where the context permits, includes an animal driven or
ridden, but does not include a train.
tt.
Waiting means a vehicle permitted to remain stationary with the motor running.
uu.
Yellow Box the portion of the intersection marked with yellow lines that should
be kept clear of vehicles at all times.
vv.
Children includes any person sixteen (16) years old and below or those over but
are unable to fully take care of themselves for abuse, neglect, exploitation or
discrimination because of physical or mental disability or condition;
ww.
Conductor or helper refers to a person who assists the driver of a public utility
vehicle in collecting fare from passengers and/or carrying cargoes of passengers;
xx.
Dispatcher refers to a person who solicits passengers and/or facilitates the orderly
loading and unloading of passengers and their cargoes.
yy.
Tinted Glass shall refer to the sides and back glass windows and windshield of
vehicles which are shaded, smoked, colored or stained which hamper the view to
the interior of the vehicle and shall include smoked glass, one-way glass or other
similar type of glass.
zz.
aaa.
Trisikad refers to bicycle with sidecar used for ferrying or transporting passengers,
goods, things or cargoes for a fee.
bbb.
ccc.
Slow Moving Vehicle refers to trisikad, tricycle, motorela, push-cart and animaldrawn carriage, whether for hire or for private use.
ddd.
eee.
fff.
Cargo or Delivery Truck shall include all types of trucks including delivery vans
and other light vehicles used for the delivery of merchandise and similar items.
ARTICLE II
ACCIDENTS AND ACCIDENTS REPORTS
SECTION 5. Accidents involving Death or Personal Injuries or Damage to a
Vehicle. The driver of any vehicle involved in an accident resulting in injury or death of
any person or damage to a vehicle which is driven or attended by any person, shall
immediately stop such vehicle at the scene of the accident and shall remain at the scene
of such accident until he has fulfilled the requirements of the immediately following
section of this Ordinance. Every step must be taken to ensure that such stop is made
without obstructing traffic.
SECTION 6. Duty to Give Information and Render Aid.- The driver of any
vehicle involved in an accident resulting in injury to or death of any person or damage to
any vehicle or other property damage, shall give his name, and the vehicle license plate
number he is driving and upon request, exhibit his drivers license to the person struck, or
to the driver or occupant of, or person attending the vehicle collided with, and shall render
reasonable assistance to any person injured in such accident.
SECTION 7. Duty upon Striking Unattended Vehicle The driver of any
vehicle that collides with any vehicle which is unattended shall immediately stop and shall
then locate the driver and notify the operator or owner of such vehicle, or shall leave in a
conspicuous place in the vehicle struck a written notice giving the name and address of
the driver or the owner of the vehicle doing the striking, together with the license plate
number of said vehicle and a statement of the circumstances thereof.
SECTION 8. Duty upon Striking Fixtures on a Road The driver of any vehicle
involved in an accident resulting only in damage to fixtures adjacent to a road shall take
reasonable steps to locate and notify the person in-charge of such property and shall give
his name and address, and the vehicle license plate number he is driving and upon request
exhibit his drivers license and shall make a report of such accident required by this
Ordinance.
SECTION 9. Report of Accidents.(a)
The driver of any vehicle involved in an accident resulting in injury or death of any
person shall, immediately by the quickest means of communication, give notice of
such to the police department or local traffic authority.
(b)
The driver of any vehicle involved in property damage, shall make an agreement to
the persons whose property is involved as the amount of property damage
sustained, provided, however, that is no agreement can be reached between the
two parties, the accident shall be reported immediately to the police department.
(c)
Every Law enforcement officer who, in the regular course of duty, investigate a
motor vehicle accident of which report must as provided, herein either at the time
of and at the scene of the accident or thereafter by interviewing participants or
witness, shall, within 24 hours after completing such investigation, forward a
written report of such accident to the Cagayan de Oro Roads and Traffic
Administration.
SECTION 10. Accident Report Forms:
(a)
The Cagayan de Oro Roads and Traffic Administration shall prepare and upon
request supply to garages and agencies concerned, forms for accident reports
required hereunder, with respect to the persons required to make such reports and
the purpose to be serve. The written reports to be made by persons involved in
accidents and by the investigating officers shall call for
sufficient detailed
information to disclose with reference to such accidents the causes, existing
conditions and the person and vehicle involved.
(b)
SECTION 11. Garage to Report .- The person in charge of any garage or repair
shop of which a motor vehicle brought showed evidence of having been involved in an
accident or struck by any bullet, shall report to the police department within 24 hours
after such motor vehicle is received, giving the engine number, plate number, the name
and address of the owner or driver of such vehicle, and a description of the suspicious or
unusual circumstances.
SECTION 12. Accident Reports Confidential. All accident reports in writing
made by person involved in accidents or by garages shall be for the confidential use of the
Police Department or other City agencies having use for the records for accident
prevention purposes, except that the police department may disclose the identity of a
person involved in an accident when such identity is not otherwise known or when such
person denies his presence at such accident. No such report shall be used as evidence in
any trial, civil or criminal arising out of an accident except that the police department shall
or upon demand of any Court, issue a certificate showing that a specified accident report
has or has been made to the police department solely to prove a compliance or a failure
to comply with the requirement that such a report be made to the police department.
SECTION 13. When Driver Unable to Report:
a. An accident report is not required under this Article from any person who is
physically incapable of making report during the period of such incapacity.
b. Whenever the driver of a vehicle is physically incapable of giving an immediate
notice of an accident as required in Section 63 and there was another occupant
in the vehicle at the time of the accident capable of doing so, occupant in the
vehicle shall make a report not made by the driver or if the driver is not the
owner of the vehicle, then the owner of the vehicle involved in such accident
shall within 5 days after learning of the accident make such report not made by
the driver.
SECTION 14. Responsibility to Tabulate and Analyze Accident Reports
Without infringing on the authority of the Police, the Roads and Traffic Administration until
shall tabulate and analyze all accident reports and shall publish annual the statistical
information based to the number and circumstances of traffic accidents.
SECTION 15. Copies of Reports to the Furnished to the Office of the City
Mayor.- The head of the Cagayan de Oro Roads and Traffic Administration shall furnish
true copies of all accident reports within 48 hours from the filing thereof, to the Police, and
the Office of the City Mayor.
ARTICLE III
CARELESS AND DANGEROUS DRIVING UNDER THE
INFLUENCE OF LIQUOR OR DRUGS
SECTION 16. Scope The provisions of this Article shall apply to drivers, vehicles
and pedestrians on any road or any place.
SECTION 17. Reckless Driving No person shall operate a motor vehicle on any
road recklessly or without reasonable caution considering the width, traffic, grades,
crossing, curvatures, visibility and other conditions of the road and the conditions of the
atmosphere and weather to endanger the property or the safety or rights of any person or
to cause excessive or unreasonable damage to the road.
SECTION 18. Driving a Motor Vehicle while Under the Influence of Liquor
or Incapacitating Drug.- No person shall drive a motor vehicle while under the influence
of liquor or incapacitating drug. For the purposes of this Section, a driver is considered
under the influence of liquor, if, at the time of competent examination performed within an
hour of apprehension of a person, he is found to have in his blood at least 0.60% of alcohol
or, in the case of drugs, if it is reasonably manifest from his actions or behavior that his
exercise of his five senses is physically impaired as to expose himself or the vehicle or
other persons to a danger of accident. The operation of any transport unit, although not
motorized, in the manner stated herein above, is likewise prohibited.
SECTION 19. Mandatory drug or alcohol testing of drivers involved in
accidents. - (a) All police traffic investigator or the inquest prosecutor, depending on
whether the accused is under police or custodial investigation, shall require the drug
and/or alcohol testing of drivers involved in vehicular or traffic accidents within 24 hours
from the time the accident happened.
The drug or alcohol test shall be done in any government medical institution, the PNP
facilities or other government accredited drug/alcohol testing centers at cost of
the concerned driver/s or the owner/operator of the vehicle who, under criminal
law, is subsidiarily civilly liable on account of an offense.
The result of the drug or alcohol test shall become part of the record, which shall be
appended to the traffic investigation report.
No traffic investigation report shall be released by the police traffic investigator or the
inquest prosecutor for purposes of insurance claim unless the concerned driver/s
shall be able to submit the result of the drug or alcohol test within the prescriptive
period supra indicated.
Any traffic police investigator who is found to have failed to enforce the provisions of this
Ordinance shall be administratively charged for dereliction of duty pursuant to
existing rules and regulations.
ARTICLE IV
OBEDIENCE TO TRAFFIC-CONTROL SIGNALS AND SIGNS
SECTION 20. Obedience to Traffic Control Signals:
a.
Every person shall at all times observe and comply with the instructions of any
traffic control signal applicable to him.
b.
(a) A driver shall not cause his vehicle to turn at any intersection contrary to the
instruction to turn on any No Turns, No Left Turn, No Right Turn or No U-turn
signs erected to face an approaching driver at or near the intersection.
(b) Where a One Way sign is erected to face a driver entering a thoroughfare to face an
approaching driver, the driver shall not proceed on that thoroughfare beyond the
sign.
(c) Where a No Entry sign is erected over or adjacent to thoroughfare to face an
approaching driver, the driver shall not proceed on that thoroughfare beyond the
sign.
(d) Where a No Overtaking or Passing sign is to face an approaching driver, the driver
shall not overtake or pass a vehicle traveling the same direction.
(e) Where a No Overtaking on Bridge sign is erected near a bridge to face an
approaching driver, the driver shall not overtake a vehicle on the bridge;
(f) a driver shall not drive a vehicle and its load, including trailer attached to it, when it
exceeds the weight indicated on the bridge load limit sign facing the driver.
(g) Where a Keep Right sign is erected to face an approaching driver, the driver shall
pass to the right of the sign;
(h) Where a Keep Left sign is erected to face an approaching driver, the driver shall pass
to the left of the sign.
(i) Where a Stop sign is erected to face a driver who is approaching or has entered an
intersection, the driver shall;
(a)
(b)
Stop his vehicle before reaching and as near as practicable to the stop line
associated with the sign or, in the absence of a stop line, at the point
nearest the first intersecting thoroughfare where he has a clear view of
traffic approaching the intersection; and
On reaching and after passing such sign, give way to any vehicle which is
entering or within or leaving the intersection, except where that vehicle:
a.
is facing or has passed a Stop sign or a Give Way sign erected at
the intersection, and
(ii) is about to turn, or is turning at the intersection.
(j) Where a Give Way (or Yield) sign erected to face a driver who is approaching or has
entered an intersection, the driver shall on reaching or after passing such sign give
way to any vehicle which is entering or within or leaving the intersection road, except
where that vehicle;
i.
ii.
is facing, or has passed a Stop sign or Give Way sign erected at the
intersection, and
is about to turn, or is turning at the intersection;
(k) Where a Give Way sign is erected to face a driver approaching a bridge, the driver
shall not pass the sign while any vehicle traveling in the opposite direction is
between the sign and far end of the bridge.
(l) Where a NO U-Turn sign is erected adjacent to a thoroughfare to face an approaching
driver, the driver, shall not make a U-Turn while he is between the sign and the far side
of the first intersection beyond the sign, nor shall a driver who enters the thoroughfare
between the sign and the intersection and travels towards the intersection make a UTurn before he has passed the intersection.
SECTION 22. Exemptions for Emergency Vehicles - The driver of any
emergency vehicle may, when it is expedient and safe to do so:
(a) on a sounding siren, bell or repeater horn, proceed, pass a traffic control signal
displaying a red or amber circle or a red amber arrow or proceed contrary to the
direction or instruction of any traffic control devices;
(b) on a sounding siren, bell or repeater horn, drive in any direction or any part of a
road or overtake or pass on either side of another vehicle; stop, leave waiting or
park the vehicle at any place at any time; or
(c) exceed the speed limits prescribed under this Ordinance.
ARTICLE V
TRAFFIC SIGNS, SIGNALS AND MARKINGS
SECTION 23. Erection and Interference with Traffic Control Items:
(a)
(b)
No person shall, except when duly authorized by the proper authority, erect,
establish or display on any road or in the view of any person on any road, or
interfere with, alter or take down, any traffic control sign or item.
No person shall erect, establish, place, maintain, or display on any road or in the
view of any person on any road anything which purports to be or is an imitation of
or similar to any traffic control sign or item, or which interfere with the
effectiveness of or prevents an approaching driver from clearly distinguishing the
whole or part of any traffic control item, or distracts his attention from any traffic
control sign or item.
Where any traffic-control sign or item of a kind referred to in this article exists on
road, it shall be effective and operative as a traffic-control item duly established for
the purpose under this Code.
Any traffic-control or item which substantially conforms to the requirements of this
Section with respect to dimensions, shape, color, position, direction, angle or any
other features of traffic-control signs or items of any kind shall be deemed to be
traffic-control sign or item of that kind.
ARTICLE VI
GENERAL DRIVING RULES
SECTION 28. Keeping as Far Right as Practicable.- Unless otherwise provided
for in this Code, a driver shall keep his vehicle so close as practicable to the right boundary
of the thoroughfare except where there are two or more lanes marked on the thoroughfare
available exclusively for traffic in the direction in which he is traveling.
SECTION 29. Overtaking:
(a)
When overtaking a moving vehicle, a driver shall pass to the left of that vehicle and
shall not drive in front of it until his vehicle is safely clear; Provided, That, where a
thoroughfare has two or more marked lanes, vehicles traveling in one of those
lanes may overtake and pass to the right of a vehicle traveling in another of those
lanes, if traffic conditions permit him to do so with safety.
(b)
A driver overtaking a vehicle making or apparently about to make a left turn shall
pass to the right of it.
(c)
If the thoroughfare is not divided into three lanes, a driver shall not drive to
the left of the center of the thoroughfare, unless the left side of the
thoroughfare is free of oncoming traffic far enough ahead to permit the
overtaking movement to be completed in safety.
b.
If the thoroughfare is divided into three lanes, a driver shall not drive in the
center lane unless that lane is free of oncoming traffic far enough ahead to
permit the overtaking movement to be completed in safety.
A driver shall drive his vehicle as nearly as practicable entirely within single marked
lane or a single line of traffic and shall not move literally from such lane or line of
traffic until he can do so safely.
(b)
A driver traveling along a marked lane any boundary of which is a single unbroken
line shall not permit any part of his vehicle to cross that line, except when safety
demands otherwise.
(b)
Except as provided in paragraph (c) (i) and (ii) of this Section, the driver of a vehicle
which is approaching an intersection from one thoroughfare shall give way to any
vehicle which has entered the intersection except that where the two vehicles
have entered at the same time, the driver which has the other vehicle on his right
shall give way.
(c)
(i)
(ii)
Paragraph (b) above shall not apply to the driver of a vehicle having another
vehicle on his right at an intersecting thoroughfare where that other vehicle
is facing or passed a Give Way or Stop sign.
(a)
Subject to the provisions of Article IV, Section 2 and Article VII, Section 6, a driver
who intends to turn, is turning or has turned to the left at an intersection, shall give
way to any vehicle which has entered or is approaching the intersection from the
opposite direction.
(b)
A driver turning to the right or left at an intersection shall give way to all
pedestrians.
(c)
A driver making a U-turn shall give way to all other vehicles and to all pedestrians.
(d)
(a)
A driver who is about to drive or is driving a vehicle into or out from a parking area
or the boundary of a thoroughfare shall give way to all other vehicles.
(b)
A driver shall not move in reverse out of a parking area and cross the center of a
thoroughfare, unless traffic conditions permit him to do.
SECTION 42. Giving Way to Emergency Vehicles A driver shall give way and
make reasonable effort to give clear and uninterrupted passage to every emergency
vehicle sounding a siren, bell or repeater horn, or using other signals to indicate an
emergency.
SECTION 43. Entering or Leaving a Road:
(a)
(b)
(ii)
A driver leaving a road to enter land abutting shall give way to all vehicles traveling
in the opposite direction and to all pedestrians on the road.
SECTION 44. Roundabouts or Rotundas:
(a)
(b)
Within the rotunda, the driver must give way to vehicles intending to leave the
nearest exit point.
ARTICLE VIII
SPEED RESTRICTION
SECTION 45. Speed Limits.-
(a)
No person shall operate, run or drive a vehicle on any street in this city, at rate of
speed greater than that permitted by law.
(b)
No person shall drive any vehicle on any street of the City of Cagayan de Oro
recklessly or without, reasonable caution considering the width, traffic, grades,
crossing, curvatures, visibility and other atmosphere and weather or so as to
endanger the property or the safety or right-of-way of any or so to cause excessive
or unreasonable damage to the streets.
(c)
Subject to the provisions of the preceding paragraph, the rates of speed of vehicles
shall under no circumstances exceed the respective values given in the following;
Place
30
30
40
30
50
30
Through
crowded
streets
approaching
intersection at blind corners passing other
vehicles which are stationary, or for similar
dangerous circumstances.
20
20
20 (within Poblacion)
30 (along Highway)
The rates of speed hereinabove prescribed shall not apply to the following:
a.
b.
The driver of a hospital ambulance on the way to and from the place of
accident or other emergency.
c.
d.
The driver of a motor vehicle belonging to the armed forces while in use for
official purposes in times of riot, insurrection or invasion.
e.
f.
g.
(d)
(ii)
Drivers of vehicles over-taking any street car stopped for the purpose of receiving
and discharging passengers shall stop the vehicles to the rear of the nearest
running board or door of such street car and keep it stationary until such passenger
have boarded or alighted from such car, or reached a place of safety. Where safety
zones are established a vehicle need not be stopped before passing any such street
car, but may proceed to pass such car at a speed not greater than is reasonable
and proper with due caution for the safety of the pedestrians. These provisions
shall not apply to passing upon the right of any street car.
SECTION 46. Drag Racing/Speed Contest. - No person shall utilize any public
or private street upon which the City has been authorized to impose traffic regulations, as
racing ground or for drag racing/speed contests or exhibition of speed, whether for
animals, bicycles, motorcycles, or all kinds/types of vehicles without first obtaining a
permit from the Office of the City Mayor.
ARTICLE IX
ONE WAY STREETS
SECTION 47. Designation of One Way Streets.-
(a)
(b)
SECTION 48. Operating Rules. The driver shall drive along a one way
thoroughfare only in the direction indicated by the arrow on the sign.
ARTICLE X
THROUGH STREETS
SECTION 49. Designation of Through Streets and Stop Streets.- (a) Priority
order of main streets which shall indicate the Thru Streets and the Stop Streets located in
the City maybe designated by the head of the Roads and Traffic Administration upon
approval of the City Council. If no action is taken by the Sanggunian within three (3)
months after referral, the same shall be deemed approved and included in the List of
Through Streets and Stop Streets shown in Appendix I-A.
(b)
SECTION 50. Right Turns. A driver who is about to make a right turn at an
intersection shall so drive his vehicles that when it reaches the intersection it shall be to
the right of any vehicle abreast of his vehicle and traveling in the same direction, or at the
rightmost lane of the thoroughfare, provided that this Section shall not apply to a driver
whose vehicle is in a marked lane allocated exclusively to right-turning vehicles.
SECTION 51. Left Turns The streets listed under Appendix II are hereby
designated as No Left Turns. The Roads and Traffic Administration is hereby authorized to
expand, reduce, amend or modify from time to time the list as he sees fit, provided, the
RTA furnish a copy to the Sangguniang Panlungsod within one (1) month of any change or
revision. The revised list shall be deemed final if not acted by the Sanggunian within three
(3) months from receipt thereof.
(a)
(ii)
(b)
(ii)
Enters the intersection and proceeds in a straight line until his bicycle is as
near as practicable to the prolongation of the right boundary of the
thoroughfare he is about to enter; and
(iii)
Turns his bicycle to the left and after giving way to vehicles on his left and
right leaves the intersection in accordance with the provisions of this
Section, but when any traffic control signal is operating at the intersection, a
bicyclist shall wait before turning and shall not proceed to leave the
A driver shall not turn right or left or diverges right or left or stop or suddenly
decrease speed or make a U-Turn without giving a signal as prescribed in this
Section.
(b)
A driver who is about to turn right or left, diverge right or left, stop, suddenly
decrease speed or make U-turn shall signal his intent of doing so for such time as is
necessary to give reasonable warning to drivers approaching from behind.
(c)
For purposes of and without limiting the generality of paragraph (b) above, a signal
shall be deemed to give reasonable warning if given continuously;
(a)
(ii)
(iii)
(d)
SECTION 53. Use of Signaling Devices A driver shall not permit a signaling
device on his vehicle to remain in operation after the completion of the turn or divergence
in respect of which the device was put into operation.
SECTION 54. U-Turns The streets listed under Appendix III are hereby
designated as No U-Turns. The Roads and Traffic Administration is hereby authorized to
expand, reduce, amend or modify from time to time the list as it sees fit, provided, the RTA
furnish a copy to the Sangguniang Panlungsod within one (1) month of any change or
revised. The revised list shall be deemed final if not acted by the sanggunian within three
(3) months from receipt thereof.
A driver shall not cause his vehicle to make a U-turn (a)
(b)
(c)
(d)
where there is a probability of colliding with another vehicle or interfering with the
free movement of traffic; or
on any intersection at which a traffic control sign or signal prohibits a U-turn.
Leave a vehicle waiting in a No Stopping Area, for any purpose;
leave a vehicle waiting in a Parking Area contrary to any limitation in respect of
days, period of the day, classes of vehicles indicated by the inscription on the sign
or signs associated with the area. However, a person may park a vehicle in a No
between any other waiting vehicle and the center of the thoroughfare;
between the pedestrian zone and the nearest curb;
within six (6) meters of intersecting curb lines
in front of a right-of-way, passage or private driveway;
in front of a footway constructed across a reservation;
alongside or opposite any excavation if the vehicle would obstruct traffic;
on any footway, marked crosswalk or pedestrian crossing;
upon a bridge or other elevated structure or within a tunnel or underpass;
upon an intersection;
on any portion of a thoroughfare on which the words Keep Clear;
Within four (4) meters of the driveway entrance to a fire station;
within one meter of any fire hydrant or fire plug or any sign or mark indicating the
existence of a fire hydrant or fire plug;
within three meters of a letter pillar or letter box unless the vehicle is being used
for the purpose of collecting postal articles from the pillar or box;
on a reservation;
on a bicycle lane;
upon a Bus and PUJ Lane, except that a public utility vehicle may remain waiting
while persons are actually entering or alighting from vehicle.
Upon a parking slot/space specifically marked/designated as For Disabled Parking
Only as mandated by R.A. 7277, otherwise known as the Magna Carta for Disabled
Persons.
On a crosswalk
In the travel lane of a highway
SECTION 56. Method of Parking Vehicles Any driver who parks or leaves a
vehicle waiting on a thoroughfare shall park or leave the vehicle waiting:
(a)
(b)
(c)
in the case of a road on which vehicles are permitted to travel in both direction, as
near as practicable to the right boundary of the thoroughfare;
in the case of a road on which vehicles are permitted to travel in one direction only,
as near as practicable to left boundary of the road and parallel to the boundary of the
thoroughfare;
so that not less than 3 meters of the width of the thoroughfare between the vehicle
and the far boundary of the thoroughfare is available for the movement of other
vehicles;
(d)
(e)
in a manner that it does not cause undue obstruction on the thoroughfare; and
where parking bays are marked on the thoroughfare, entirely within the confines of
a single bay;
Provided that paragraphs (a) and (b) of this Section shall not apply to a person
leaving a vehicle waiting in a Parking Area.
SECTION 57. Parking Near Grade or Curve No person shall park or leave a
vehicle waiting on or near a crest or curve so that any portion of it is upon a thoroughfare
unless a driver approaching from the rear would have a clear view of the vehicles for a
distance of at least 45 meters.
SECTION 58. Parking on Parade Routes and on Any Special Occasion The
Roads and Traffic Administration is hereby authorized, whenever it deems it necessary, to
prohibit or restrict the parking of any vehicle on either or both sides of any street or
portion thereof, constituting a part of the route of a parade or procession, or on any special
occasion, and also upon any street adjacent thereto by the erection or placement of
temporary signs setting forth such restrictions. When such signs are erected or placed
prior to the parade, procession or special occasion, it shall be unlawful to park or leave
unattended any vehicle in violation of such signs at the owners expense. A traffic enforcer
assigned in the area is hereby authorized to remove, or cause to be removed, any vehicle
left unattended or parked in violation of such signs at the owners expense.
SECTION 59. Parking for Certain Purposes Prohibited. - No person shall park
a vehicle upon any roadway for the principal purpose of:
1.
2.
any
SECTION 61. Parking in front of Residential or Commercial Establishment No person shall appropriate for his exclusive use a parking space allotted in front of a
residential or commercial establishment unless it is privately owned, otherwise he/she
shall pay the prescribed parking fee under this Ordinance.
Installation of signage or markings indicating reservation of its use is hereby
prohibited.
SECTION 62. Loading/Unloading Zones A driver of a truck may park his
vehicle in a Loading Zone when actually taking up or setting down goods, provided he is
present at all times and attending to the same. A driver of public utility vehicles shall stop,
pick up or unload passengers only at designated loading zones. On sections of the road
where there is no prohibition against loading and unloading, he may stop to take up or set
down passengers provided it is 50 meters away from a signalized intersection.
SECTION 63. Officers Authorized to Remove Illegally Stopped Vehiclesa) Whenever any traffic enforcer finds a vehicle standing upon a road in violation of
any of the foregoing provisions, such enforcer is hereby authorized to move such
vehicle, or require the driver, or other person in charge of the vehicle to move the
same, to a position off the paved or main traveled part of such road.
b) Whenever any traffic enforcer finds a vehicle unattended upon any bridge or
causeway where such vehicle constitute an obstruction to traffic, such officer is
hereby authorized to provide for the removal of such vehicle to the nearest garage
or other place of safety.
c) The expense incurred in the removal of such vehicle shall be charged to the owner
of the vehicle.
SECTION 64. Authority to Dispose of Unclaimed Vehicles The Head of
Cagayan de Oro Roads and Traffic Administration is hereby authorized to recommend to
the City Mayor the disposal of a vehicle that has been taken into custody. Such disposition
shall be at public auction under such procedure, as the City Mayor shall establish with the
approval of the Sangguniang Panlungsod. Written notice of such auction shall be sent to
the last known registered owner by certified mail at least 10 days prior to the date of
auction and said auction shall be held not earlier than 60 days after the date such vehicle
shall have been taken into custody. Any person entitled to such vehicle may claim the
same at any time prior to such auction upon payment of all costs and expenses relating to
the towing and storage of such vehicle as determined by said officer or his authorized
subordinates.
ARTICLE XII
PAY PARKING ZONES AND FACILITIES
SECTION 65. Designation of Pay Parking Zones
a)
The Roads and Traffic Administration is hereby authorized and directed to establish,
mark and designate portions of a thoroughfare as pay parking zones;
b)
The streets listed under Appendix V are hereby designated as pay parking zones.
The Roads and Traffic Administration is hereby authorized to expand, reduce,
amend or modify from time to time the list as it sees fit, provided the RTA furnish a
copy to the Sangguniang Panlungsod within one month of any change or revision.
The revised list shall be deemed final if not acted by the Sangguniang within three
(3) months from receipt thereof.
SECTION 66. Off-Street Parking Facilities and Transport Terminals:
a)
b)
If so required by the traffic impact analysis, the Roads and Traffic Administration
may also require major commercial developments to incorporate off-street parking
facilities into their building plans, before a Building Permit is issued therefor.
SECTION 67. Pay Parking Charges and Signs Appropriate signs, indicating
the parking charges, the time that such facility is open for business, shall be installed at
each public parking facility.
Parking fees shall be collected during the regulated period at rates shown in
Appendix VI. The rates shall be updated from time to time by the Roads and Traffic
Administration subject to approval of the Sangguniang Panlungsod.
SECTION 68. Overnight Parking Overnight parking on local roads not
designated as pay parking zones may be determined by the Roads and Traffic
Administration in consultation with the Barangay Council subject to the approval of the RTA
and concurrence of the Sangguniang Panlungsod. Those local roads that may be
designated, shall be limited to residential areas, and shall as much as practicable be on a
one-side parking basis and in no case shall prevent egress or passage. No alley or road
less than three (3) meters in width shall be designated as overnight-parking zones.
SECTION 69. Enforcement of Overnight Parking The enforcement of
overnight parking shall be undertaken by the Roads and Traffic Administration upon
compliance with the following:
a) It shall be unlawful for any motor vehicle owner or operator to use portions of any
street, sidewalk or public place as a private garage or parking space, as extension of
his private terminal; Provided, however, that homeowners with motor vehicles may be
allowed to park said vehicles at night on the streets designated as overnight parking
zones upon payment of the required fees, if said streets are not main thoroughfares
and/or are not designated as official routes of public utility vehicles. Homeowners who
would avail themselves of this parking privilege shall pay a quarterly fee set by the
Cagayan de Oro Roads and Traffic Administration per vehicle to the City Treasurer, who
shall issue the corresponding official receipt therefor. Aside from such official receipt,
said homeowner shall be issued a sticker signed by the City Mayor or his authorized
representative to be displayed conspicuously at the windshield of his vehicle to signify
the grant of said parking privilege under this provision.
b) Overnight parking shall be limited to the hours of 10:00 p.m. to 5:00 a.m. the following
day.
(a) No cargo trucks or tractor trailers of eight wheels and up shall be allowed to
avail of overnight parking in any streets of the City except by reason of
emergency repair or which should be accomplished as expeditiously as possible.
Cargo trucks found parking during these hours in any City street shall be towed
to the vehicle impounding area, and the driver required to pay the
corresponding fines.
SECTION 70. Violations in Parking Areas.- Within any pay parking facility, it
shall be unlawful for any person;
a. to refuse or fail to pay the parking charges;
b. to park any vehicle across any line or marking of a parking space or in such position
that the vehicle shall not entirely be within the area designated by such lines or
markings;
c. to tamper or damage any vehicle, other than his own, parked in the same parking
facility;
d. to park any vehicle for the purpose of washing, cleaning, greasing or repairing such
vehicle except repairs necessitated by an emergency or a designated area in
the parking facility;
e. to display for sale or to sell goods or merchandise;
f. to disregard any official direction, instruction or restriction posted therein.
SECTION 71. Parking Attendants (a) The Roads and Traffic Administration is
hereby authorized to deputize barangay officials and private entities including civic clubs
and associations as parking attendants or aides.
(b)
The RTA in its deputation order shall state the area to be managed by the parking
attendants and prescribed other terms and regulations to preclude any abuse by
deputized parking aides.
(b)
Parking attendants shall help ensure that everyone follows parking regulations and
roads are unobstructed and parking spaces are continually available.
ARTICLE XIII
LIGHTING, WARNING SIGNS, EQUIPMENT, ETC.
SECTION 72. Lights on Moving Motor Vehicles. No person shall drive a motor
vehicle or a combination of a motor vehicle and trailer between sunset and sunrise, unless
the motor vehicle or combination is equipped with appropriate lamps and reflectors
prescribed as mandatory by the LTO to be carried by that vehicle or combination, and the
lamps are lighted.
SECTION 73. Dimming of Head Lights.a)
The driver of a motor vehicle shall dim the headlights or tilt the beam downward
whenever the vehicle is approached by any other vehicle traveling in the opposite
direction:
(a) when the other vehicle reaches a point 200 meters from his motor vehicle; or
(ii) immediately when the light projected by every headlight of the other vehicle
is switched to low beam and shall cause every headlight of his vehicle to
remain on low beam until the other vehicle has passed.
b)
No person shall drive a motor vehicle without the required headlights that capable
of being operated on low beam.
SECTION 74. Lights on Stationary Motor Vehicles.
a.
Subject to the provisions of Article XII, Section 9, no person shall leave a motor
vehicle waiting on a road with a lamp of a power exceeding seven watts lighted and
showing to the front, except while the vehicle is loading or unloading passengers or
is compelled to remain stationary by the exigencies of traffic.
b.
(ii) appropriate rear lamps, number-plate lamps, front and rear clearance lamps and
reflectors prescribed as mandatory by the LTO and the lamps so affixed are
lighted.
c.
a.
b.
c.
Nothing in this Section shall affect any duty imposed by this Code to display lighted
lamps on stationary vehicles.
d.
The driver of any vehicle that suddenly comes to a stop on any City street by
reason of some mechanical defect must remove the same within thirty (30)
minutes from the time such vehicle ceased to run, to prevent traffic hazard.
SECTION 76. Lights and Other Equipment on Bicycles:
a. No person shall ride or propel a bicycle between sunset and sunrise, unless it is
equipped with:
(i)
(ii)
(iii)
(iv)
b. Such lamps and reflectors shall be of the types and affixed in the positions prescribed
by the proper authority and shall be kept clean at all times.
c. No person shall ride a bicycle unless it is equipped with
(i) an efficient brake; and
(ii) an efficient bell or some other suitable warning device.
SECTION 77. Lights on Animal-Drawn Vehicles:
a.
No person shall drive or permit any animal-drawn vehicle or any trailer attached to
it to be in any thoroughfare between sunset and sunrise, unless the vehicle or the
trailer is equipped with appropriate front and rear lamps, clearance lamps and
reflectors, as prescribed by proper authority and the lamps are lighted.
b.
All reflectors and lights prescribed under this section shall be kept clean and shall
not be obscured by any part of the vehicle or its load.
SECTION 78. Lights on Towed Vehicles. No person shall between sunset and
sunrise drive a motor vehicle which is towing another vehicle unless a lighted lamp is
attached to the portion of the towed vehicle facing any following vehicle with a power not
exceeding seven watts showing a clear red light visible under normal atmosphere
conditions at a distance of 100 meters which lamp is so placed that:
a.
its center is not more than 1 meter above the ground; and
b.
It is in the center or to the left side of the center of that portion of the towed vehicle
which faces any following vehicle.
SECTION 79. Flashing Warning Lights:
a.
b.
a.
No person shall cause or permit any spot lamp or search lamp offered or connected
to any vehicle to be lighted unless
(a) the vehicle is stationary and the lamp is used only for the purpose of reading a
reading a road sign;
(ii) the vehicle is outside a built-up area and the lamp is lighted and use only for
the purpose of reading a road sign.
(b)
the provisions of paragraph (a) of this Section shall not apply if the vehicle is an
emergency vehicle which is being used by law enforcement agencies in the
performance of their official function.
Owners or operators of motor vehicles within the territorial jurisdiction of the City
shall at all times ensure that their vehicle comply with the exhaust emission standards set
forth in RA No. 8749, otherwise known as the Philippine Clean Air Act of 1999 and its
implementing rules and regulations.
SECTION 82. Windshields to be Unobstructed and Equipped with Wipers.
a.
b.
c.
d.
No person shall drive any motor vehicle with any sign, poster, or other nontransparent material upon the front windshield of such vehicle, which obstructs the
drivers clear view of the highway.
Posters or strikers approved by the proper authority shall be placed at the lower
right hand corner of the front windshield.
No person shall drive any motor vehicle with any non-transparent material or object
suspended within the windshield area as viewed from the drivers seat not shall any
person drive any motor vehicle upon the hood of which is attached to any fixture
ornament of any material which vibrates, or swings within view of the driver of said
vehicle.
The windshields on every motor vehicle shall be equipped with a wiper for cleaning
rain or other moisture from the windshield and shall be maintained in good working
order.
The horizontal allowance of mudguard from the tire shall not be more than two (2)
inches, measured from the edge of the tire. In case of a double-tire, the said
allowance shall be measured from the outer tire thereof.
(b)
The vertical clearance of the mudguard from the vehicle to the road surface shall
not be less than six (6) inches when loaded.
SECTION 85. Horn Regulation Every motor vehicle especially public utility
buses and jeepneys, Motorelas and Trisikads plying within the City of Cagayan de Oro
shall be provided with an appropriate horn or signaling device in good working order;
Provided, That no horn or signaling device emitting an undesirable sounds shall be
installed or used such as:
a)
b)
c)
SECTION 86. Car Stereo Regulations. It shall be unlawful for drivers of public
utility bus, jeepney, motorela or trisikad to play their car stereos loudly or beyond
tolerable level as to be noisy, earsplitting, deafening or cause disturbance and nuisance.
The installation and use of car stereos or similar devices inside public utility buses
and jeepneys, motorelas and trisikads shall only be allowed under the following
conditions:
a) That only two (2) speakers with the maximum wattage of 20 watts for each
speaker shall be used;
b) That there shall be no tweeter, booster or amplifier accessories installed;
c) That the volume control thereof shall be placed near the passengers, preferably
near the dome light, in order that the volume control can be easily accessible to
them;
d) That no cassette tapes or compact discs shall be stockpiled on the dashboard as
to distract the driver and the view of passengers;
e) That the installation of the stereo and speakers shall be under the supervision of
the Roads and Traffic Administration;
f) That a Certificate shall be issued by the RTA that said installation of the stereo and
speakers have passed inspection and conditions set by this Ordinance. The said
certificate shall be carried at all times in the motor vehicle, Motorela or trisikad
where the stereo is installed and shall be presented to RTA enforcers upon request
for verification purposes.
SECTION 87. Garbage container requirement.- All drivers and/or operators
of public utility vehicles plying the streets of Cagayan de Oro City shall provide
disposable garbage containers inside their vehicles where the passengers can throw
their solid wastes.
SECTION 88. Painting of Tourist Spots Stickers on Rear Side Doors of
Taxicabs:
a) All owners or operators of taxicabs operating in the City shall be required to paste
or attach plastic stickers printed with the name or drawing of any of the tourist
spots in the City on both rear side doors of their taxi units.
b) The aforesaid plastic sticker shall have a dimension of 12 inches x 18 inches.
c) In order to achieve the best design and aesthetically pleasing tourist spot plastic
stickers, the City Tourism Office shall accredit and designate a single supplier
thereof. It shall also supervise in making the design and other specifications of
the said stickers by the accredited supplier.
d) There shall be granted a tax rebate to any operator of taxicabs who will comply
with the provisions of this Ordinance which shall be equivalent to the cost of the
plastic sticker herein required. Such tax rebate shall be granted only once per
taxi cab.
e) No business permit shall be granted to any operator of taxicab in the City who will
not comply with the provisions of this Ordinance.
f)
Operators of taxicabs in the City shall be given six (6) months from the effectivity
of this Ordinance to comply with the provisions hereof.
ARTICLE XIV
WEIGHT, SIZE AND LOAD
SECTION 89. Gross Weight, Axle and Wheel Loads. No motor vehicle or
trailer or combination of such vehicles equipped wholly with pneumatic tires, which has a
total gross weight, including vehicle and load, in excess of the requirements prescribed as
mandatory by the LTO, shall be operated or moved upon any public road, street or
highway.
SECTION 90. Projecting Loads on Passenger Vehicles. No passenger type
vehicle shall be operated on any road with a load thereon projecting beyond the extreme
with of the vehicle, regardless of the nature of the property being transported.
SECTION 91. Load to be Properly Secured. No vehicle shall be driven or
moved on any road:
(a)
unless such vehicle is so constructed or loaded as to prevent any of its load from
dropping, shifting, leaking or otherwise escaping there from, except that sand may
be dropped for the purpose of traction or water or other substance may be
sprinkled on a roadway in cleaning or maintaining the roadway;
(b)
with any load consisting partially or entirely of loose paper, empty cartons, crates,
or any other material susceptible of being blown or carried by the wind, unless
such load is entirely covered by tarpaulin, net, canopy, or other suitable material,
effectively preventing any part of such load from being blown or carried by the
wind.
SECTION 92. Weighing of Vehicles and Removal of Excess Loads.-
(a)
Any Traffic Officer having reason to believe that the weight of a vehicle and load is
unlawful is authorized to require the driver to stop and submit to weighing by
means of a portable or stationary scales and may require that vehicle be driven to
the nearest public scales in the event such scales are within 2 kilometers.
(b)
(c)
Any driver of vehicle who refuses to stop and submit the vehicle and load to a
weighing when directed by an officer shall be guilty of a misdemeanor.
SECTION 93. Restricting the Use Over Bridges.-
(a)
No person shall drive or operate any motor vehicle having an aggregate weight of a
vehicle and load in excess of the specified allowable weight indicated over any
bridge in the City.
(b)
No person shall drive any motor vehicle over any wooden bridge at a speed greater
than 10 kilometers per hour.
(c)
(c) The head of Roads and Traffic Administration may, in his discretion change and
designate and her route to be followed or the time during which the movement shall be
made prior to the issuance of a permit.
SECTION 95. Canvass Cover. - All operators, owners and drivers of trucking
services are hereby required to provide with canvass cover, made of strong material
and quality, and such other safeguards, all their hauling trucks loaded with sand and
gravel, other aggregates, and/or cargoes consisting of but not limited to, bags of
cement, fertilizers, cassava chips, saw dust, filling materials and
other cargoes of
similar nature, when entering and using any road or street of Cagayan de Oro City
and to make sure that no spillage of their cargoes may happen while their vehicles are
in transit.
The Office of the City Administrator and/or City Treasurer shall cause the
cancellation and non-renewal of the Business Permit or license of entities engaged
in trucking and/or hauling business unless actual inspection and proof of compliance
of this Ordinance is presented.
SECTION 96. Transportation of Logs:
a) Holding Devices.- Any person owning and/or operating any open truck or trucks or
any other open vehicle or vehicles used in carrying or ferrying logs within the City of
Cagayan de Oro shall install or cause to be installed at least two cables or chains, or
any similar holding device which shall be strong enough to secure and hold fast
and firm the logs to the body of the motor vehicle on which they are loaded and
while being carried in transit along the roads, streets, or public highways within the
territorial jurisdiction of the City of Cagayan de Oro.
b) Prohibition.- No person shall transport logs in or across the following streets: Justo
Gaerlan street, Burgos Street, General H. Capistrano Street, Pabayo Street, Osmea
Avenue, Corrales Avenue and the portion of Recto Avenue from the west corners of
the latter touching Corrales Avenue, toward the west; however transportation of logs
is allowed between 9:30 P.M. to 6:00 A.M., along Corrales Avenue, the intersection of
the latter and Hayes Street; thence from said intersection along Hayes Street up to
the intersection of the latter and Apolinar Velez Street thence the latter intersection,
along Apolinar Velez Street up to the intersection of the latter and Justo Gaerlan
Street and thence along Justo Gaerlan Street.
c) Exemption.- The preceding section, however shall not apply to person merely buying
logs from logging concessionaries or other parties lawfully selling the same for milling
or converting them into smaller portions for industrial and commercial uses, provided
that each of the logs hauled or loaded on trucks shall not be more than two thousand
five hundred (2,500) board feet or its equivalent in cubic meters in each truck load
and shall not exceed the capacity of the truck, and provided furthermore, that the
safety provision are complied with.
ARTICLE XV
TRUCK BANS
SECTION 97. Truck Routes and Limited Truck Ban. Cargo trucks, gravel and
sand trucks and other heavy cargo trucks with eight wheels and up, or whose gross vehicle
weights exceed 4,500 kilograms, including tractor trailers or containerized haulers, shall
not be allowed to travel, enter, load or unload cargoes from 7:00 to 9:00 A.M. and from
5:00 to 7:00 P.M. in the following areas of the city:
(a)
(b)
CARMEN - the area bounded by Agoho Drive in the North, Villarin St. in
West, Masterson Ave. in the South, and Vamenta Blvd. in the East.
(c)
PUERTO MARKET - from 6:00 A.M. to 10:00 A.M. and from 3:00 P.M. to 7:00 P.M.
daily.
the
ARTICLE XVI
DUTIES AND RESPONSIBILITIES WHILE OPERATING A MOTOR VEHICLE
SECTION 100. License, Motor Vehicle Registration and Other
Requirements:
a) Only persons with license duly issued by the Land Transportation Office (LTO) shall be
allowed to drive a vehicle;
b) License restrictions must correspond to the type of motor vehicle being driven;
c) Drivers license must, at all times, be with or in actual possession of the license while
driving or operating a motor vehicle. It must be shown/surrendered to traffic enforcers
when demanded;
d) Only registered motor vehicles with proper registration shall be allowed to ply the
Streets; Motor vehicles body number, engine and color must correspond with the
description in the registration paper/certificate of registration (RP/CR) that must be
carried in the vehicle, and must be shown and surrendered to traffic enforcers when
demanded;
e) Driving in sleeveless shirt or slippers, or while using mobile phones or similar device
shall not be allowed;
SECTION 101. Smoking inside PUVs - It shall be unlawful for any person to
smoke cigars or cigarettes inside any public utility vehicle or other vehicle for passenger
hire while said vehicle is being operated along the road, street, thoroughfare or highway.
SECTION 102. Use of cellular phones, etc. It shall be unlawful for drivers of
motor vehicles, except members of law enforcement agencies such as police, firemen
and ambulance driver wherein their use of communication equipment is inevitable, to
use or operate cellular phones, radio transceivers or similar mobile equipment while
driving on city streets and highways.
SECTION 103. Production of Drivers License to Traffic Officer. - No person
shall drive a motor vehicle on the road unless he or she has a valid drivers license issued
by the LTO for that type of vehicle.
i.
ii.
iii.
iv.
v.
Any person who drives a vehicle on road shall carry his drivers license with him at
all times.
Any person driving a motor vehicle on a road shall, when requested to do so by a
member of the traffic force or any other authorized person, produce his license for
inspection and state his true name and address.
In this Section authorized person means a person in uniform authorized by or
under any Act to require a driver of a motor vehicle on a road to produce his
drivers license.
A bona fide tourist or transient who is holding an international license may be
permitted to operate a motor vehicle in the city for the period not exceeding the
expiry date of said license, or in accordance with international agreements to which
the Philippines is a signatory.
A person who knowingly drives a motor vehicle without having secured any
appropriate license is guilty of a major offense, and shall be punishable with the
highest penalty under this Ordinance.
The licensed driver acting as instructor to the student driver shall likewise be
responsible and liable for any violation of the provisions of this Code and for any injury or
damage done by the motor vehicle on account or as a result of its operation by a student
driver under his direction.
SECTION 105. Registration of Driving Schools:
a) All driving schools in the City shall register with the Roads and Traffic Administration
(RTA).
b) Such RTA registration shall be pre-requisite in the issuance of business permit to
driving schools.
c) In addition to existing training course, all driving schools in the City shall be required to
conduct how to be a better driver and defensive driving course to their student
drivers.
d) No driving schools in the city shall conduct their actual driving lessons during the peak
hours of the day.
SECTION 106. Posting or Display of Fake/Unauthorized IDs Stickers, etc.i.
Only valid and regularly issued IDs plates, stickers and tags shall be allowed to be
displayed or posted on a properly designated part of the motor vehicles.
ii.
Use, posting or display of fake identification cards, plates, stickers, etc. particularly
those with reference to law enforcement agencies, including tampered, marked,
unauthorized and improvised plates, are strictly prohibited.
iii.
It is also prohibited the improper, inconspicuous and improper display and transfer of
plates, and posting of tags and stickers;
SECTION 107. Clearance Required for Change Color or Engine of Motor
Vehicles.- Any person who shall undertake to change color or engine of a motor vehicle
shall first secure a certificate of clearance from the Philippine National Police; Provided,
that no such clearance shall be issued unless the applicant shall present a statement
under oath containing the type, make and serial numbers of the engine, chassis and body
of the motor vehicle.
SECTION 108. Road Worthiness of Motor Vehicle:
A.
Driver or operator of a motor vehicle shall see to it that his motor vehicle is in good
running or road worthy condition equipped with appropriate and functioning safety
gadgets, accessions or accessories (equipment) while on the road, e.g. brakes,
signal lights, tail lights, head lights, stop lights, wiper, side mirror etc.
B.
Dilapidated motor vehicles, together with right hand drives, are classified as road
unworthy or road hazards.
ARTICLE XVII
PUBLIC UTILITY VEHICLE OPERATIONS
SECTION 109. Conditions of Operations:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Operators of public utility vehicles shall not allow another to use their
commercial/business name (Kabit System) nor allow improperly license or
unlicensed person to drive a PUV;
Operators shall maintain their vehicle in clean or sanitary condition and equipped
and painted with the required signs such as for hire, trade name, operators name
and address, etc.
Public utility vehicles, except taxicabs, shall ply their approved routes as stated in
their franchise subject to the provisions of this Ordinance. Authorized routes shall
be properly painted on the PUV pursuant to LTO regulations. Failure or
erroneous/improper painting of authorized route shall create a presumption that
PUV is not plying on its authorized route or it is out of line;
When plying, PUV should carry with it the copy of franchise/CPC/PA for presentation
to traffic enforcers when demanded for verification;
PUVs shall comply with the color coding, vehicle volume reduction program and
similar vehicle volume mitigation programs;
Fare matrix must be conspicuously displayed in the vehicle;
Public transportation shall have designated seats for disabled persons:
(a)
(ii)
(iii)
(iv)
(v)
Regular buses shall have at least five (5) designated seats for disabled
persons near exit/entrance doors;
First class, premier, and air-conditioned buses shall have at least four (4)
designated seats for disabled persons near the door;
For regular and air-conditioned city buses, other passengers may use these
designated seats if not occupied and yield them to incoming disabled persons
whenever the occasion arises;
Jeepneys shall have at least two (2) seats, preferably the front seats
designated seats for disabled persons;
For jeepneys, other passengers may use these designated seats if not
occupied and yield them to incoming disabled passengers only if the yielding
passenger can still be accommodated at the back.
Drivers of Public Utility Vehicles including tricycles and pedicabs are required to
post their identification Card (I.D.) with 2 x 2 picture containing the name of the
owner/operator and/or driver and their addresses on the front portion of the
windshield of their vehicles.
SECTION 110. Chartered PUVs. Any public utility vehicle, except taxicabs,
which is chartered, contracted or hired on contractual basis shall be required to apply
with the Roads and Traffic Administration for an out-of-line operation and pay the
corresponding fees therefor.
SECTION 111. Accessories of PUVs:
(a)
(b)
a)
b)
c)
d)
Drivers of public utility vehicles, including conductors, and drivers of motoreal and
tricycles must be duly licensed and in proper uniforms, should not wear slippers
and sandos and, at all times, extend courtesy to fellow drivers and passengers;
Shall not give preference, unjustly discriminate or refuse conveyance for reason of
religion, color, race or creed, lowly station in life, etc., He is obligated to transport
his passengers from point of destination. No trip cutting is allowed;
Shall not allow overloading, overcharging fares nor contract out of line services in
violation of the franchise;
Shall not operate taxi without meter or with un-calibrated or tampered taximeter
seal, broken sealing wire, etc.
SECTION 113.
Prohibited Acts. - Consistent with the national law, the
following acts are likewise prohibited and punishable under this Ordinance:
a) Operation of tricycles, jeepneys, buses or mini-buses as colorum vehicles-for-hire
in transporting passengers and cargoes in this city;
b) Operation of motor vehicle outside of its assigned or designated zone of
operation;
c) Trip-cutting;
d) Over-charging of passenger fare;
e) Refusal to convey passengers; and
SECTION 114. Printing of Plate Number.- All operators of public utility
jeepneys (PUJs), taxicab units, motorela, tricycle and trisikad operating in the City shall
be required to print or cause to print the plate number in bold green figures with a
dimension of one square foot and the name of operator thereof inside the passenger side
or area of said vehicle, particularly at the back side of the drivers seat or front seats in
the case of PUJ and motorela.
ARTICLE XVIII
PUBLIC TRANSPORT ROUTES
SECTION 115. Routes of Public Utility Buses and Jeepneys.- Public utility
buses and jeepneys, including shuttle aircon vans with valid authorizations from the Land
Transportation Franchising and Regulatory Board and whose routes terminate or originate
within the City shall adhere to their approved routes as provided for under Appendix ____.
Without necessarily modifying their authorized routes, the Roads and Traffic
Administration may adjust the turning points and terminal of public utility buses and
jeepneys, prescribe their loading or unloading points, and/or require them to utilize
passenger interchange terminals, if so required by an approved traffic improvement
scheme.
SECTION 116. Route Codes. - (a) For the convenience of the public, there shall
be established a corresponding route codes for every PUJ route in the City using the
descriptive virtues of a good citizen in support to the Declaration of Cagayan de Oro as a
City of Character under Resolution No. 4496-99 and Resolution No. 7676-2006 as
provided for under Appendix ______.
b) The route and route code of PUJs in the City shall be conspicuously painted or
printed on both sides of the PUJ body in the manner prescribed by the RTA or the
LTFRB.
c) In case of PUJs whose route traverses any of the tourist spots of the city, the name
of the tourist spot shall also be painted or printed on both sides of the body of the
PUJ as part of its route.
SECTION 117. Vehicles for Hire with No Fixed Routes.- Public land based
transport conveyances with franchises to operate vehicles for hire with no specific routes
such as Sedan Asian Utility Vehicles (Mega Taxis), Pick-up Van, Station Wagon or Coach
with no fixed routes and service in on a contract basis is prohibited to charge fare in
excess of what is authorized by the Land Transportation Franchising and Regulatory Board.
SECTION 118. Route and Franchise Approval (a) No new route and/or new
franchise of public utility vehicle shall be issued by any government agency without the
approval of the City Council and the City Mayor.
(b)
It shall be the duty of the Land Transportation Franchising and Regulatory Board
(LTFRB) to furnish the Roads and Traffic Administration with copies of franchise
issued by the former to public utility vehicles operating in the City.
SECTION 119. Road Use Capacity Limit The number of multicabs-for-hire and
taxicabs operating in the City shall not exceed the road use capacity of city streets and
national highways as determined by the Roads and Traffic Administration or the Land
Transportation Franchising and Regulatory Board.
SECTION 120. Routes To and From Westbound and Eastbound Terminals:
(A)
All eastbound and westbound public utility vehicles shall proceed directly to the
Westbound Terminal and Public Market at Bulua or the Eastbound Terminal in
Barangay Gusa, as the case maybe, passing along the following routes:
Provincial Eastbound Public Utility Vehicles:
Inflow
from point origin pass along the national highway, then left
turn towards the access road (Galaxy Road) going to JR
Borja Extension in Barangay Gusa, then right turn to Gusa
Terminal and proceed directly to designated parking bay
thereat.
In the case of public utility vehicles with provisional
authority from the City Mayor to unload student and
employee passengers at the City proper, the same shall
pass along the national highway, then left turn towards the
access road (Galaxy Road) going to JR Borja Extension in
Barangay Gusa and then proceed to their designated
unloading areas.
Outflow -
Outflow -
(B)
Parking Bay Fee - All eastbound and westbound public utility vehicles shall secure
Parking Bay Fee Ticket from the East- and West-Bound Terminals and Public
Management Authority upon payment of the fees imposed under Ordinance No.
8310-2002, as amended by Ordinance No. 8358-2002.
(C)
Checkpoints - For this purpose, there shall be established checkpoints along the
national highway in Barangay Bulua for westbound public utility vehicles and at
the pedestrian overpass area in Barangay Gusa for eastbound public utility
vehicles to inspect for Parking Bay Fee Tickets as required under Section 3 hereof.
(D)
SECTION 121. Dispatcher.- A dispatcher is the one who facilitates the orderly
loading and unloading of passengers and their cargoes. He shall be provided with a
license or permit.
SECTION 122. Qualifications of Dispatcher.- A dispatcher must have the
following qualifications:
For Natural Person:
1.
2.
3.
4.
No license or permit shall be issued to any firm, group or association unless the
following requirements are submitted:
1.
2.
A certificate from the Securities and Exchange Commission (SEC) that the said
association is registered and that one of the purposes of said association is to
engage in the orderly dispatching of passenger vehicles.
In the absence thereof, a copy of its Article of Incorporation and the Constitution
and By-laws, together with the list of its members, showing that such Articles of
Incorporation and Constitution and By-laws have already been submitted to the
Securities and Exchange Commission for registration.
SECTION 123. Application Fees.- Amount of fees payable by the applicant:
a) For individual motorela dispatcher per annum ..................P10.00/annum
b) For individual license or permit for PUs, PUJs, PUBs ........P15.00/annum
c) For group or association licensing ..................................P150.00/annum
SECTION 124. Area of Operation:
(a) Every license or permit issued under this Chapter shall define the sub-terminal
area where the permittee or licensee shall be allowed to operate. In no case shall
dispatching be allowed on any other place other than the existing sub-terminal or subterminal that may be established.
(b) No license or permit shall be issued for an area or terminal that has been
previously covered by a prior licensee or permitee, unless the latters permit is cancelled
or revoked or the applicant can present written consent or authority from the prior
licensee or permitee.
SECTION 125. Fees or Charges.- A license dispatcher who may engaged in
dispatching for motorela and PUJs shall collect a dispatching fee equivalent to the fare of
one passenger when fully loaded, regardless of distance; Provided, that if the vehicle is
not fully loaded, the fee shall be arranged between the driver or operator and dispatcher
concerned.
ARTICLE XX
DISPATCHERS, CONDUCTORS OR FARE COLLECTORS
SECTION 126. Prohibition. It shall be unlawful for any person, natural or
juridical, to employ, hire or engage the services, or to allow, tolerate or cause the
employment, hiring or engaging of the services of children as dispatcher, conductor,
helper and/or fare collector in public utility vehicles operating in the City, whether said
public utility vehicle is operated by his/her parents, relatives or other persons.
SECTION 127. ID Requirement. - No person shall be employed or hired as a
dispatcher, conductor, helper and/or fare collector of public utility vehicles without first
securing an Identification Card from the Roads and Traffic Administration (RTA), which
shall issue the same only after submission of the following:
a)
b)
c)
d)
e)
f)
g)
The ID Card shall be designed by the Roads and Traffic Administration and shall
contain at least the following information:
i.
ii.
iii.
Name and signature of the dispatcher, conductor, helper and/or fare collector;
Recent 2 x 2 colored ID picture
Signatures of the RTA Department Head and the City Mayor.
a) No person shall ride a bicycle or tricycle which does not have a permanent and regular
seat attached to it.
b) No person shall ride a bicycle or tricycle that does not have reflectors installed on the
pedal and at the rear attached to it.
c) No bicycle or tricycle shall be used to carry at one time more persons than the number
for which it is designed and equipped.
d) No person shall ride a bicycle without having at least one hand on the handlebars.
e) Whenever a bicycle lane is provided, the rider of a bicycle shall use that bicycle lane.
f) No person shall ride a bicycle within two meters of the rear of a motor vehicle.
g) No person shall drive a tricycle on any national road.
SECTION 134. Towing of Bicycles.
a) A person riding a bicycle shall not attach himself to nor permit himself to be drawn by
any vehicle.
b) The driver of a vehicle shall not permit a person riding a bicycle to attach himself to or
be drawn by the vehicle.
SECTION 135. Riding More than Two Abreast.
a) Except on a bicycle lane where such is permitted by signs or other means, no person
shall ride a bicycle so that it is traveling abreast of more than one bicycle.
b) Paragraph (a) of this Section shall not operate to prevent a cyclist from overtaking and
passing other persons riding bicycle abreast.
c) A bicycle shall be deemed to be abreast of another bicycle if any part of it is by the
side of any part of the other.
ARTICLE XXII
REGULATION OF MOTORELA OPERATION
SECTION 136. Regulation. - No person shall establish the business of motorelafor-hire without securing a business permit or franchise therefor from the City Mayors
Office or any appropriate office and pay the corresponding fees at the City Treasurers
Office.
SECTION 137. Requirement.- Within 10 days from receipt of the application, the
City Mayors Office, City Treasurers Office or any office designated shall issue a clearance
or deny the application if it has exceeded the authorized number of motorela units
authorized to operate in the City. The City Mayors Office or any office that may be
designated shall only issue the business permit or Certificate of Public Convenience,
franchise or provisional authority to operators or owners of the authorized number of
motorela units allowed to operate hereof.
SECTION 138. Number of units to be operated.- The number of motorela units
authorized to operate in the City may be increased by the City Council upon consultation
with the Roads and Traffic Administration.
SECTION 139. Insurance. Owners or operators of motorela shall secure a
Group Accident Insurance or at least a Third Party Liability and Passenger Liability
(TPL/PL) insurance from any reputable insurance company for drivers and passengers to
ensure payment of liability for injury or injuries or death resulting from any accident.
Such Group Accident Insurance or TPL/PL shall be renewable every year.
SECTION 140. Requirements.- All motorela operators are hereby required to
number their motorela in BOLD GREEN FIGURES of one square foot at the front and
rear and be registered with the Cagayan de Oro Police Office. For this purpose the City
Police Director is authorized and required to assign a number for every motorela
beginning with 001 and shall register the said number opposite the name of the operator
or license in a book prepared for the purpose.
SECTION 141. Change of ownership.- In case of change of ownership, the new
owner or new operator of a motorela shall report such circumstances to the RTA, which
shall maintain an updated record of motorela operators in the City.
SECTION 142. Specification of Motorela.- The specification of the body of
motorela units operating in the City shall be as follows:
A. Measurement:
Total width - 48 inches Total height- 46"
Total length- 90 inches (Flooring-topping)
Steel plate gauge #20- #22
Angle steel bar 1 1/2 x 1 1/2 x 1/8"
Round steel bar 1 1/2o/; 3/8"o/
leatherette or trapal
Axle shaft or I-Beam 3"0/
Ream 3.00x16"0/
Tires
Mirror
Lights
B. TYPICAL DETAILS AND CONDITIONS:
All rubber tires are pneumatic.
Rela or its bodies is neatly painted.
Passengers seat with sides and backrest should be upholstered properly for the
passengers comfort.
At the frontage, two (2) lamps or signal lights should be installed.
Motorela must have water proof top.
Motorela must have passengers curtain and rain aprons against rain and wind.
A good horn must be installed.
Motorela should always be cleaned.
C. PRIME MOVER OR MOTORCYCLE:
Motorcycle should have a minimum horse power of three (3) H.P.
It must be provided with a good and conventional handbrake and foot brake.
It must have a properly installed silencer provided with muffler.
The motorcycle or the engine should not exhaust excessive smoke that will pollute
and suffocate or make passenger dizzy.
The prime mover must be firmly and securely attached to the rela body.
The motorela should be provided with auxiliary and parking brake.
A luggage compartment is also required.
D. SEAT AND BACKREST :
Passengers seat must be made of good upholstery and encased securely to a
framing.
TOPPING OR ROOFING:
Motorela must be provided with a topping made of trapal leatherette or steel plate
gauge #22. Steel plate topping must be welded to the framework. The trapal or
leatherette must be fastened or tightened securely to
the roof frame to cover
against rain.
The roof structure should be welded along the joints and its ninety degrees (90) edge
shall be welded to insure its firmness and rigidity.
The roof structure should be made of round iron bar width 3/8 of an inch diameter
and 1/2 of an inch diameter of the topping ribs as indicated in the roof plan.
The support of the topping or post must be strong enough to withstand the maximum
load.
The size of the post should be at least 3/8 of an inch of a round bar; at least ten
pieces of the round bars must be used.
b) The concerned Barangay Council in consultation with the RTA shall have the authority
to fix the number of trisikad units allowed to operate in the said barangay.
SECTION 148. Permit.- No person, whether natural or juridical, who owns and
operates a trisikad or tricycle for ferrying and/or transporting goods, things, cargoes or
passengers shall be allowed or permitted to operate unless he/she first secures a Mayors
Permit, pays the corresponding registration fee imposed under the Revenue Code, and
present the following documents:
a) Copy of barangay resolution allowing trisikad/tricycle unit/s to operate within any
given subdivision in the barangay or area in the barangay where such operation is
needed.
b) Certification of the RTA Head that the area where the trisikad/tricycle is authorized
to operate has no adequate transportation facilities.
c) Receipt of payment of barangay clearance fee.
d) Copy of the policy of the Group Accident Insurance as required under Section 5
hereof.
e) RTA Certification as to the road worthiness (make and condition) of the trisikad.
The said Mayors Permit shall be conspicuously hanged or placed at the
conspicuous portion of the trisikad or tricycle to be easily viewed by the passenger or
traffic/law enforcers.
SECTION 149. Insurance. Owners or operators of trisikad or tricycle shall
secure a Group Accident Insurance or at least a Third Party Liability and Passenger
Liability (TPL/PL) insurance from any reputable insurance company for drivers and
passengers to ensure payment of liability for injury or injuries or death resulting from any
accident. Such Group Accident Insurance or TPL/PL shall be renewable every year.
SECTION 150. Regulations.- The following shall be the prohibited acts under
this Ordinance:
A. No person shall be allowed to drive a trisikad for hire unless:
a) he is at least eighteen years of age;
b) physically fit as certified to by a licensed physician;
c) has not been convicted of any crime against person or property, or violated traffic
rules and regulations for not more than 10 offenses as shown in the traffic
clearance;
d) a holder of a certification issued by the RTA that he/she has undergone seminar
on traffic rules and regulations.
B. No driver shall refuse to convey passenger except during lunch time (12:00 H.N. to
1:00 P.M.) and dinner time (7:00 P.M. to 8:00 P.M.)
C. Trisikad or tricycle shall not be allowed to enter and pass along National Highway,
and/or adjacent barangays except in emergency cases upon clearance of the Police
Precinct or any barangay official of the locality.
D. The operation of trisikad for hire or private use shall not be allowed in the urban
barangays.
E. No driver shall be allowed to operate under the influence of liquor or any prohibited
drugs.
F. Installation of sound system and air horns shall not be allowed.
G. No trisikad shall be allowed to operate from 12:00 o clock in the evening up to 4:00
in the morning.
SECTION 155. Duties of the RTA It shall be the duty of the RTA toa) set the maximum number of trisikad or tricycle that will be allowed to operate per
barangay and submit the same to the City Council committee on public utilities;
b) implement the provisions of this Ordinance.
SECTION 156. Barangay Clearance Fee for Trisikad. Within 30 days from
the effectivity of this Ordinance, the City Treasurer shall consult the Association of
Barangay Councils (ABC) for the purpose of fixing a reasonable uniform Barangay
Clearance Fee for all barangays.
SECTION 157. Submission of Barangay Ordinances. Within 30 days from
the effectivity of this Ordinance, all Barangay Councils shall submit or furnish a copy to
the RTA and/or the City Treasurer their respective barangay ordinances pertaining to the
operation of trisikads for further review to conform with the provision of this Ordinance
and RA 7160, otherwise known as the Local Government Code of 1991.
ARTICLE XXIV
PEDESTRIAN RIGHTS AND DUTIES
SECTION 158. Pedestrian Crossing.
a) A driver approaching a pedestrian crossing shall travel at such a speed that if
necessary to comply with this Section, he will be able to stop his vehicle before
reaching the pedestrian crossing.
b) A driver shall give way to any pedestrian who is on a pedestrian crossing.
c) A driver shall not permit any portion of his vehicle to enter upon a pedestrian crossing
even if any vehicle headed in the same direction is stopped on the approach side of or
upon the pedestrian crossing apparently for the purpose of complying with this Section.
SECTION 159. Duties of Pedestrians. A pedestrian:
a) When on a footway, marked cross-walk, or pedestrian crossing, shall keep as close as
practicable to the right side of the footway;
b) when crossing a thoroughfare at an intersection shall keep right of pedestrian crossing
in the opposite direction;
c) when crossing a thoroughfare or portion of a thoroughfare shall do so promptly by
shortest and most direct route; as may be practicable, to the thoroughfare boundary.
SECTION 160. Restrictions on Pedestrians. - A person shall not:
a) stand on way portion of thoroughfare while waiting for a vehicle;
b) proceed from a footway towards a vehicle that has not fully stopped for the purpose of
boarding it;
c) alight from or board a moving vehicle, or do so at an area where loading and unloading
is prohibited;
d) remain on a pedestrian crossing or marked cross-walk longer than is necessary for the
purpose of passing over the thoroughfare with reasonable dispatch;
e) stand up a footway thoroughfare so as to inconvenience, obstruct, hinder or prevent
the free passage of any other pedestrian or any vehicle.
SECTION 161. Overpasses as No Jay-Walking Zone. The area within the 50
lineal meters from both sides of every overpass/flyover in the City is hereby designated
as Jay-Walking Zone.
SECTION
Disembarking:
162.
Prohibitions
on
Pedestrian
Lane;
Embarking
or
a) It shall be unlawful for any person to cross the street outside established pedestrian
lane or crosswalk, without complying with the "Walk Don't Walk" light indicator, or to
cross the street within the 50 lineal meters from both sides of a pedestrian overpass.
b) It shall likewise be unlawful for any driver to load or unload passengers and/or for any
passenger to embark or disembark from a vehicle at any place along the street or
intersection not officially designated as "Jeepney Stop" or "Loading and Unloading
Area".
SECTION 163. Pedestrians on Thoroughfare.- Except when there is a sidewalk
or footway, a pedestrian:
a) proceeding along a thoroughfare shall, when practicable, travel on the thoroughfare
or side of the thoroughfare used by vehicles traveling in the opposite direction,
and shall keep as close as he can to the boundary of the thoroughfare on his
left.
b) shall not proceed along a thoroughfare abreast of more than one other pedestrian,
except in a procession or parade authorized by the proper authority.
ARTICLE XXV
MISCELLANEOUS RULES
SECTION 164. Obstruction to Drivers View or Driving Mechanism:
a) No person shall drive a vehicle when it is overloaded, or when there are in the front
seat such numbers of person, exceeding three, as to obstruct the view of the driver to
the front or sides of the vehicles or as to interfere with the drivers control over the
driving mechanism of the vehicle.
b) No passenger in a vehicle shall ride in such a position as to interfere with the drivers
view ahead or to the sides, or to interfere with his control over the driving mechanism
of the vehicle.
SECTION 165. Vehicles and Pedestrians on Conflagration.- Once the fire
alarm is sounded, all vehicles and pedestrians should clear the route of fire trucks by
stopping along sidewalks.
SECTION 166. Following Fire Truck or Other Emergency Vehicles
Prohibited. The driver of any vehicle shall not follow any fire truck, ambulance or other
emergency vehicle traveling in response to fire alarm or emergency closer than 150
meters, or drive into or parked such vehicle within the block where a fire truck, ambulance
or other emergency vehicle has stopped in answer to the fire alarm or emergency.
SECTION 167. Putting Glass, Sharp Objects on a Road. No person shall
throw or deposit upon any road, any glass bottle, glass, nails, tacks, wire, cans or any
other substance likely to injure any person, animal or vehicle on a street or highway.
SECTION 168. Tracking Mud, Cement or Debris unto the Road.- No vehicle
using the public road shall track mud, cement or debris unto the traveled portion of such
road in such quantities as will constitute hazard to the roadway or obscure the painted
pavement markings thereon in the event that mud cement or debris is unavoidably
tracked unto the road, it shall be the duty of the owner of the offending vehicle to have
said mud or spillage removed as quickly as possible.
SECTION 169. Driving Through Funeral or Other Processions.
a) No person shall drive a vehicle between the vehicles comprising a funeral or other
authorized procession while they are in motion. When the lead car of any funeral or
other procession shall have entered by intersection, notwithstanding the light
conditions at those intersections controlled by signal devices, then all other traffic shall
yield the right-of-way to all vehicles comprising such funeral or other procession until it
has passed through the intersection. The foregoing provisions of this section shall
apply only to such funeral or other procession moving under police escort.
b) No funeral, procession, assembly or parade containing 200 or more persons or 50 or
more vehicles, except the Armed Forces of the Philippines and the forces of the police
and fire departments, shall, occupy, march or proceed along any street except in
accordance with a permit issued by the Roads and Traffic Administration and such
other regulations as set forth herein which may apply.
c) A funeral procession composed of any number of vehicles shall be identified as such by
the conspicuous display on the top center of each vehicle, a banner not less than
twenty centimeters (20 cm or 8 inches long) and ten centimeters (10 cm or 4 inches)
wide, predominantly black or violet in color, with the word FUNERAL printed on bother
sides thereof, in letters no less than four centimeters (4 cm or 11/2 inches) in height
and the display on the top center of both the lead vehicle and the end vehicles of a
flashing amber light having a minimum diameter of fifteen centimeters (15 cm or 6
inches). The flags and lights shall be fastened by means of magnets, suction cups, or
strings. While in the procession each driver shall turn on the headlamps of his vehicle
as further identification.
SECTION 170. Restricting Animals and Livestock on Roads:
a) No person owning, controlling or having the possession of any livestock or animals
such as cattle, horses, swine, goats, etc., shall negligently permit any such livestock or
animals to stray or remain unaccompanied by a person in-charge or control thereof,
upon any road.
b) No person shall drive or lead any such livestock upon, or across any street or road,
without keeping a sufficient number of herders on continual duly to open the road so as
to permit the passage of vehicles.
SECTION 171. Opening Doors and Alighting from Vehicles.- A person shall
not open or leave open a door of a vehicle or alight from a vehicle unto a thoroughfare, so
as to cause danger to other person using the road or so as to impede passage of traffic.
SECTION 172. Use of Horns, Warning Instruments:
a)
Prohibition - No person shall use or cause to be used the horn or any other warning
instrument on a vehicle, except when necessary as a traffic warning or as indication
that the driver of the vehicle intends to overtake another vehicle.
b)
Place of worship - No driver shall blow its horn within fifty (50) meters from any
established place of worship in the City of Cagayan de Oro, during Sundays and
other established religious holidays and while said religious services are being
performed.
c)
School - No driver of any motor vehicle shall blow its horn within fifty (50) meters
from a school building during day or night classes.
d)
Signs - The Traffic Division of the Cagayan de Oro Police Command is authorized to
post the necessary signs in the areas concerned.
A person shall not drive or ride upon a motorcycle unless that person is wearing a
safety helmet on his head securely fastened under the chin of the wearer.
A safety helmet referred to in paragraph (a) herein shall comply with the standard
set by the proper authority;
A person shall not drive a motorcycle while wearing a safety helmet to which is
attached an eye protector unless that eye protector complies with the standards
set by the proper authority.
SECTION 175. Obstructing Roads Selling of Foods, etc.-
a) A person shall not, without the written permission of the Cagayan de Oro Roads and
Traffic Administration, drive or leave standing any vehicle on a road for the purpose of:
(i)
(ii)
(iii)
b) A person shall not stand or place himself on a road for the purpose of;
(i)
(ii)
(iii)
soliciting contributions;
display any advertisement; or
offering goods for sale.
c) A person in vehicle shall not buy or offer to buy an article from any person standing or
placed on a road.
d) A person shall not bar, impede or divert the flow or direction of traffic from any road,
street or highway, unless authorized in writing or except when the closure of a road or
any part thereof, to traffic or the direction of traffic is dictated by reasons of emergency
to protect the public from any calamity, fire or other public danger.
e) The prohibition contained herein shall also apply to the use of sidewalks by vendors,
repair shops or any establishments.
f) Stalled vehicles on thoroughfares shall be construed as obstructing traffic if not
removed or towed within 10 minutes.
SECTION 176. Diggings and Excavations on Existing Roads.-
(a)
(b)
(c)
i.
ii.
iii.
(d)
(i)
(ii)
the road will strengthen the road network and provide traffic relief to the nearby
roads that are congested as may be determined by the Roads and Traffic
Administration;
The Sangguniang Panlungsod has approved its opening, under such terms and
conditions that will minimize or obviate any disturbance, pollution, or
inconvenience to the residents in the area
SECTION 180. Other Restrictions.- The use of streets, sidewalks avenues, alleys,
bridges, parks and other public places in the City of Cagayan de Oro for commercial and
personal purposes are hereby prohibited, unless expressly permitted by the City Mayor
and/or the City Council of Cagayan de Oro. Such prohibited acts include but not limited to
the following:
a) Vending or selling of foods, magazines, newspapers, cigarettes, brooms, watches or
jewelries, shoes and other footwear, and/or other items;
b) Conduct of shoe-shine occupation;
c) Conduct of religious activities, such as preaching and seeking alms;
d) Doing house chores such as washing clothes, hanging clothes; and bathing
e) Vehicle garage and/or vehicle repair;
f)
Dumping garbage;
Storing soft drinks or wine/liquor bottles and cases, drinking liquor and beverages and
holding picnics/gatherings;
j)
k) Use of sidewalk of storage of construction materials for sale (pipes, tubing, lumber,
cement and the like);
l)
B. Regulation.- No permit for the temporary use of sidewalk mentioned in the next
preceding section shall be issued without presentation of receipt of payment
therefor specifying the amount and the number of days.
C. Assessment.- Additional assessment shall be made against the permitee for
excess use of area and number of days actually availed of over what has been
paid for and covered by the permit.
ARTICLE XXVI
USE OF WHEEL CLAMPS TO IMMOBILIZE ILLEGALLY PARKED VEHICLES
SECTION 182. Use of Wheel Clamps or Tire Locks.- The use of wheel clamps or
tire locks to immobilize illegally parked and unattended vehicles in any street or area
designated as no parking or tow-away zone pursuant to this Ordinance is hereby be
authorized.
SECTION 183. Specification. - The wheel or tire clamp is a yellow metal gadget
or immobilizing device duly registered, authorized and bearing the seal of the City of
Cagayan de Oro that is placed on the left portion of the right tire of the vehicle, including
container vans, trucks, trailers and other multi-wheeled vehicles, and shall be installed by
the authorized personnel of the Roads and Traffic Administration.
SECTION 184. Fee. - For the release/removal of the said clamping device the
owner/driver/operator shall pay the fine of P500.00 to the City of Cagayan de Oro, for
which a corresponding official receipt shall be issued. Payment shall be made at any
official redemption center designated by Roads and Traffic Administration.
SECTION 185. Redemption. - The owner/driver/operator of a clamped vehicle
shall be given a maximum period of three (3) hours, within which to redeem the said
vehicle by paying the amount of the fine prescribed hereof. Otherwise, the said vehicle
shall be towed and impounded in the Roads and Traffic Administration impounding area.
SECTION 186. Government waiver on damages. - The City Government of
Cagayan de Oro shall not be held responsible for any damage to the vehicle caused by any
movement or attempted movement of the vehicle by the owner/driver/operator while the
wheel is clamped: Provided, That a notice of immobilization shall be placed on the driver
side windshield of the vehicle.
SECTION 187. Prohibition. - It shall be unlawful and/or illegal to remove or
attempt to remove or destroy the wheel clamp, and shall subject the offender to a fine of
P1,000.00 or one (1) month imprisonment or both, at the discretion of the Court.
ARTICLE XXVII
GUIDELINES AND PROCEDURES FOR TOWING OPERATIONS
SECTION 188. Towing.- Stalled vehicles parked along any road, street, highway
and thoroughfare for a considerable period of time or in violation of the No Parking and
related provisions of this Ordinance shall be removed or towed and impounded by the
Roads and Traffic Administration or by its accredited private towing companies and shall
be released to the owners only upon payment of towing and storage fees.
attended illegally parked vehicles shall not be towed but the driver shall be
immediately issued a traffic citation ticket;
Unattended illegally parked vehicle shall be towed and issued a traffic citation
ticket immediately upon arrival at the impounding area.
Stalled or illegally parked vehicle due to flat tire, or engine trouble will be towed
and a traffic citation ticket will issued.
Changing of flat tire on the road shall not be allowed.
d) Stalled or illegally parked vehicles as a result of empty fuel tank may be towed to
the nearest gasoline station, however, the towing fee should be paid to the tow
truck in accordance with the number of kilometers from the point of origin to the
gasoline station and a traffic citation ticket shall be issued to the driver.
e) Stalled or illegally parked vehicle as a result of engine trouble shall be towed in
cases where the driver deliberately refuses to remove his vehicle or cannot move
his vehicle due to the absence of equipment, etc., or the circumstances beyond his
control, and a traffic citation ticket shall be issued to the driver.
f)
Illegally parked vehicles that are already clamped to the tow truck shall be subject
for intercession by the owner of the vehicle or his/her representatives.
SECTION 191. Towing Procedures.
a) Upon receipt of the report on a stalled/illegally parked vehicle, the tow truck shall
immediately proceed to the identified location thereof.
b) Upon arrival at the identified location, the tow truck crew shall immediately call the
Roads and Traffic Administration to report on the said stalled/illegally parked
vehicle. The following information must be provided:
i.
ii.
iii.
iv.
v.
c) The officer on duty in the Roads and Traffic Administration shall verify on its records
whether or not the said tow truck is duly accredited. If so, it shall record all above
information in the official logbook of incoming reports and assign a control number
for each entry or towing incident. He must also affix his signature opposite each
entry.
d) The pages of the official logbook must be pre-numbered. In case of any error made
in the recording of the towing incident, a horizontal line must be made to indicate
the error or its validation.
e) If the subject vehicle for towing is in the watch list of carnapped vehicle, then it will
be reported to the proper authorities.
f)
The Roads and Traffic Administration shall give the go signal to the towing crew
with the following instructions: You are cleared to tow, to indicate that they may
proceed in the towing of the vehicle.
g) Upon receipt of the instruction the towing crew shall engage the towhook to the
stalled or illegally parked vehicle.
h) Before actual towing, if the owner is around, the tow truck crew shall issue a traffic
citation ticket. In case the owner/driver is not present, the notice shall be left to any
traffic officer on duty at the area or to any responsible person who can give the
notice to the owner.
The impounding area where the said vehicle shall be towed and impounded
shall likewise be indicated.
i)
Should the vehicle owner refuse to accept the notice, then the notice shall be
disregarded and the apprehending officer will place a notation in the notice that the
owner refuses to accept before the vehicle is towed.
j) When the tow truck starts to move, within the first minute after towing, the tow
truck crew shall advise the Roads and Traffic Administration of the time of their
arrival upon reaching the designed impounding area with the towed vehicle.
k) The Roads and Traffic Administration shall validate the above information.
l) If the towed vehicle is not recorded in the logbook, the vehicle will be reported as
missing and considered as carnapped.
SECTION 192. Monitoring of Towing Operations:
a) The Roads and Traffic Administration shall be responsible in monitoring any suspicious
or illegal towing operation being conducted in the City.
b) In case of any suspicion on a tow truck conducting a towing operation which may arise
due to the absence of the sticker to be issued by the City of Cagayan de Oro, the traffic
enforcer shall stop the said tow truck for questioning. He shall call the proper
authorities whether the said towing incident has been reported, and if the said tow
truck is duly authorized.
c) If the tow truck had no authority to operate the towing service, within the City of
Cagayan de Oro, the towing incident shall be considered an unlawful act, and the tow
truck operator shall be charged for colorum operation. The traffic enforcer shall issue a
traffic citation ticket to the tow truck operator, through the driver of such violation and
shall impound the said tow truck.
d) The traffic enforcer shall report the illegally operating tow truck to the authorities with
complete information on the towing vehicle and the towed vehicle.
e) The Roads and Traffic Administration shall send the above information to all law
enforcement agencies to verify if the same is among those reported as carnapped
vehicle.
SECTION 193. Towing Fees.- All motor vehicles, illegally parked and stalled on
any street, road or thoroughfares within the City not otherwise designated as parking
areas shall be towed to the designated impounding areas to be released only to the
owners, operators, drivers or duly authorized claimants upon payment of the
corresponding towage and impounding fees, in accordance with the herein schedule. The
towing fees herein stated shall be charged by the tow trucks for hire and shall be paid to
the Office of the City Treasurer of the City of Cagayan de Oro:
Type/Load of Vehicle
Class A (Cars, jeepneys,
and light vehicle)
Class B (delivery vans,
trucks not more than
4,000 kilos gross
weight)
Class C (buses, trucks,
heavy equipment of
more than 4,000 kilos
gross weight)
P100.00
Towing Fee
More than
1 Km but
less than 5
Km
P300.00
P500.00
P100.00
P150.00
P400.00
P700.00
P200.00
P200.00
P500.00
P1,000.00
P300.00
1 Km or
less
More
than 5
KM
Impounding
Fee per day
Share of the City in the towing fees shall be 50% in such cases where the tow truck
is not owned by the City.
Any impounded vehicle not claimed or redeemed by the lawful owner within
ninety (90) days shall be sold to public auction subject to existing laws to answer fees
and other charges unpaid for the period specified.
ARTICLE XXVIII
TRAFFIC ADMINISTRATION
SECTION 194. Creation.- There shall be created the Roads and Traffic
Administration (RTA) as a separate and distinct department.
SECTION 195. Functions. -The Roads and Traffic Administration (RTA) is solely
vested with the power to enforce and implement this Ordinance and such traffic
management plans and programs that may hereafter be drawn or prepared.
The RTA shall have the following functions;
a)
b)
c)
Install and maintain traffic signs, road markings and other traffic control devices
or cause the preparation and installation of the same;
Identify private roads that should be opened to improve overall circulation, and
initiate moves for the full or partial integration into the road network;;
Collect traffic date and statistics such as vehicular counts, road layouts and
dimensions, etc;
d)
e)
f)
g)
h)
i)
j)
k)
l)
m)
n)
o)
p)
q)
r)
s)
t)
u)
v)
w)
x)
y)
z)
aa)
bb)
cc)
dd)
ee)
ff)
gg)
hh)
ii)
Absorb and exercise all functions related to transport safety, develop and provide
public parking, and undertake environmental protection activities such as antismoke belching, noise pollution and other pertinent laws and ordinances.
Manage and control the use of public roads and pathways and the clearing of
obstructions of any form to ensure smooth flow of traffic.
Reroute traffic and close roads during emergencies and during fiesta, festivals,
holidays and on such other special occasions for a duration of not more than
three (3) days only.
Traffic Administrator with the rank of City Government Department Head II:
Assistant Traffic Administrator with the rank of Assistant City Government
Department Head II
Administrative Services headed by an Administrative Officer III, with the following
support personnel:
1 Records Officer II
1 Computer Operator II
1 Supply Officer II
6 Clerks I
1 Bookbinder II
1 Messenger
1 Driver I
1 Utility Worker II
d] Traffic Engineering Division headed by an Engineer IV, with the following Sections and
support personnel:
d.1
1
1
1
1
1
1
1
2
1
1
1
1
d.2
e] Traffic Enforcement Division headed by Traffic Operation Officer IV, with the following
Sections and support personnel:
e.1
1
1
1
1
e.2
e.3
SECTION 197. Functional Setup.- The Roads and Traffic Administration shall
have the following Organizational Set-up and Corresponding Functions;
a]
b]
c]
d]
e]
f]
g]
h]
Of the seven (7) selected members, at least one (1) member each will come from
the public transport group, the Petroleum Dealers Association, the Mass Media, NGOs
and the concerned citizens group. The City Mayor is hereby granted the authority to
designate additional members to the Board as he may deem proper.
SECTION 199. Functions of the Board. - The Board shall be vested with the
power to formulate traffic plans and program; Provided, however, that all traffic plans
and program that may be hereafter be drawn or prepared shall be submitted to the
Sangguniang Panlungsod for approval.
The Board shall also have the following functions:
a. Identify traffic bottleneck points and establish priorities in implementing remedial
measures;
b. Formulate traffic engineering schemes, such as banning of turning movements,
creation of one-way streets, prohibition of parking, designation of
loading/unloading zones, installation of traffic signages, regulating speeds, and
similar measures, in accordance with its approved priority list;
c. Secure agreement on proposed traffic schemes;
d. Recommend ordinances in support of traffic managements schemes;
e. Review major property development proposals as to their
traffic impact,
especially those involving land use conversion from low to high-intensity traffic
generation;
f. Provide technical inputs into the preparation and updating of the Citys Land Use
Plan, particularly the long term road network plan of the city;
g. Update and analyze the public transport routes and services covering tricycles,
buses, jeepneys, and other public transport modes;
h. Evaluate requests, in coordination with the City Planning Department, for
variances from the zoning ordinance that are likely to have a significant traffic
impact;
i. Formulate and advocate programs that will promote and encourage walking and
trips by public transport and higher-capacity modes;
j. Initiate or administer pedestrian districts or streets temporarily or permanently
withdrawn from vehicular use, including time allocation for use of roads other
than for vehicles.
k. Coordinate, monitor and evaluate the planning and implementation of the traffic
management components undertaken by the Bureau;
l. Recommend to the City Council the routing of common carriers operating in
Cagayan de Oro City in so far as it forms part of a comprehensive traffic
management schemes;
m. Review and approve the annual work programs and budgets of the RTA;
n. Develop and prescribe rules and procedures for internal operation and
management;
o. Submit to the Honorable City Mayor periodic and special reports relative to traffic
management activities;
p. Perform such other related functions as may be necessary to ensure the effective
planning and implementation of traffic management schemes;
q. The Board has the authority to summon persons/individuals or establishments in
matters pertaining its functions; and
r. The Board shall meet once a month or as often as necessary.
SECTION 200. Secretariat.- The Administrative Section of the RTA shall serve as
the Secretariat of the Board.
SECTION 201. Traffic Enforcers Uniform.
A.
There shall be prescribed for traffic enforcers under the Roads and Traffic
Administration a uniform of such design as follows:
Cap
Upper (polo)
Lower (pants)
Shoes
B.
Traffic enforcers shall wear the prescribed uniform while on duty manning,
directing and controlling the flow of traffic and enforcing traffic laws, ordinances,
rules and regulations and/or holding office in the bureau or attending any public
occasion where the wearing of uniform is enjoined by RTA authorities.
C.
It shall be unlawful for any person who is not a member of RTA to wear such
uniform whether posing as traffic enforcer or not along the streets or roads or
merely seen in other public places.
There shall be no waiver on the minimum aforesaid qualifications. The same shall
not also apply to Traffic Enforcers already employed prior to the approval of this
Code.
professionalism;
I will respect the customs and traditions of the traffic enforcement service;
and
I will live a decent and virtuous life to serve as an example to others.
ARTICLE XXIX
APPREHENSION PROCEDURES AND PENALTIES
SECTION 204. Procedure in apprehension. The following procedures shall be
observed in the apprehension of any person found violating the provisions of this
Ordinance:
a) Any person violating the provision of traffic rules and regulations shall be issued a
Traffic Citation Ticket. In case of violation of the Traffic Code, a duly LTO deputized
traffic enforcer shall confiscate the drivers license and issue a Temporary Operators
Permit (TOP) which shall serve as Temporary Drivers License for five (5) days from
date of issuance. All confiscated license and duplicate copy of Traffic Citation Ticket
and TOP shall be turned over by the apprehending officer to the office of the Roads and
Traffic Administration (RTA) within 24 hours from the time it was confiscated or issued.
b) In the apprehension of drivers of motor vehicles, the traffic officer or deputized agent
shall demand presentation of the drivers license and/or the registration of the motor
vehicle. The apprehending officer shall then indicate in the citation ticket the name
and address of the driver, the license number and the issuing agency of the drivers
license, and when applicable, the name and address of the owner and registering
agency of the vehicle, including the certificate of registration number.
The
apprehending officer shall stipulate therein the specific violation and furnish copy of
the citation ticket to the person apprehended.
c) Should it come to the attention of the traffic enforcer that the driver of motor vehicle
who has committed traffic violation is a recidivist or is under the influence of liquor or
prohibited drugs; the apprehending officer shall request for police assistance in
escorting to or detaining such driver at the office of the Roads and Traffic
Administration or the nearest police precinct for verification.
d) In case of business establishment found violating the provisions on traffic obstructions,
the apprehending officer shall demand the presentation of Mayors Permit or in case of
construction, the Building Permit; and indicate the name and address of the owner and
the corresponding Mayors or Building Permit Number, the particular provision violated
and furnish copy of said citation ticket. In the event, however, that the person found
violating the provisions of this Ordinance is not engaged in any occupation or business
requiring a permit, his name and correct address shall be ascertained and indicated in
the citation ticket.
e) In case of pedestrians found violating this Ordinance, they shall be taken to the nearest
office of the Roads and Traffic Administration to pay the appropriate penalty.
f)
In case any motor vehicle without driver is found illegally parked, stopped or in
violation of the provisions of this Ordinance, the officer finding the vehicle shall note
down its plate number, model or type and any information displayed on the vehicle,
which may identify its user, and shall conspicuously attach to the vehicle a summon for
the driver or owner to answer the charge against him/her within three (3) days, during
the hours and at a place specified in the summon. Failure of the driver or owner to
appear shall be construed as waiver of his/her right to contest the citation and shall be
liable for payment of the corresponding fines. If the driver or owner of such illegally
parked motor vehicle will not turn up within one (1) hour from the time the traffic
enforcer issued the summon, such vehicle shall be towed to the impounding area of
the RTA Office or the towing services company/contractor, as the case maybe.
g) In the event an apprehended driver or owner of vehicle decides to contest his/her
violation or the apprehension, he/she may lodge a protest before the Traffic
Management Board created hereof, which shall conduct investigation and hearing, and
render decision thereof. The said Board shall also take jurisdiction on complaints
against abusive traffic enforcers and cases of traffic enforcers accepting bribes or
drivers offering bribes by conducting preliminary hearing of said cases and recommend
appropriate administrative or criminal action to the City Legal Officer.
SECTION 205. When Complaint to be Issued.- In the event the person who
was issued citation ticket fails to pay the traffic fine stated in the citation ticket at the
office of the Roads and Traffic Administration, or to not render community service in lieu of
payment of administrative fine as provided under this Ordinance, within seventy-two (72)
hours from time of issuance of the citation ticket, the Roads and Traffic Administration shall
immediately file a complaint against such person before the courts.
a) Aside from filing of the appropriate action before the Court, the following
administrative remedies for enforcement shall be undertaken;
b) For driving-related violations, the Roads and Traffic Administration shall
communicate with the Land Transportation Office to hold in abeyance the renewal
of drivers license or vehicle registration until clearance has been obtained from
the City;
c) For other violations, the Roads and Traffic Administration shall immediately request
for cancellation of the permit and the issuance of closure order from the City Mayor.
In the event that the owner of the thing or object causing the obstruction on the
sidewalk or city streets could not be determined, the Roads and Traffic
Administration shall cause its removal or impoundment.
d) Where the violator is not the driver, a written notice or citation to the offending
party shall be issued by the deputized traffic enforcer.
SECTION 206. Fines and Penalties.- Any violation of the provisions of this
Ordinance, or any of the acts or omissions enumerated in this Section which shall
constitute violations of traffic rules and regulations in the City of Cagayan de Oro, shall be
penalized with the following administrative fines:
P3,000
P5,000
3,000
3,000
5,000
5,000
3,000
3,000
3,000
3,000
3,000
500
3,000
3,000
3,000
5,000
5,000
5,000
5,000
5,000
500
5,000
5,000
5,000
500
500
3,000
5,000
1,500
1,500
3,000
5,000
500
500
500
500
500
500
5,000
3,000
5,000
5,000
1,000
500
1,000
500
3,000
500
500
500
5,000
500
500
500
500
500
500
3,000
5,000
500
500
Defective handbrakes.............................................................................
500
Defective horn or signaling device..........................................................
500
Defective or broken windshield...............................................................
500
Dirty and unsightly or dilapidated motor vehicle....................................
500
Failure to install EWD 4 meters away to the front and
back of stalled vehicle.............................................................................
500
Failure to paint or improper painting of authorized
route (jeepneys)......................................................................................
500
Failure to put "NOT FOR HIRE" sign on jeepney/jitney
not operated FOR HIRE............................................................................
500
Glaring front or rear body parts and/or sporting
dazzling accessories................................................................................
500
Improper horn or signaling device (exceptionally loud,
startling, or disagreeable) ......................................................................
500
No brake (stop) lights..............................................................................
1,500
No Early Warning Device.........................................................................
500
No handbrakes........................................................................................
500
No interior lights or using dim interior lights...........................................
500
No license plate lights.............................................................................
500
No or defective headlights......................................................................
1,500
No or defective speedometer..................................................................
500
No or defective taillights.........................................................................
1,500
No or defective windshield wipers...........................................................
500
No or disconnected muffler or muffler emitting
exceptionally loud noise..........................................................................
1,000
No rear view mirror.................................................................................
500
No red rear lights....................................................................................
1,500
Non-painting of business name or trade name on
vehicle used for business trade...............................................................
500
Operating vehicle with tinted front side glass windows
and windshield........................................................................................
1,500
Operating vehicle with unprescribed mudguard ....................................
500
Operation of vehicles with right-hand steering wheel.............................
1,500
Unauthorized change of color or configuration.......................................
1,500
Unlawful use or attachment of siren/ bell/horn/whistle/
gadget that produces exceptionally loud or startling
sound, including dome lights, blinkers, and similar
signaling/flashing devices.......................................................................
500
Unregistered substitute or replacement engine......................................
1,500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
3,000
500
500
500
500
5,000
500
500
500
3,000
500
3,000
5,000
500
5,000
1,000
500
3,000
1,000
500
5,000
500
500
1,500
500
3,000
3,000
1,500
500
5,000
5,000
500
3,000
500
5,000
500
600
[DriverP300]
[Operat
or-
P300]
P300]
P300]
2,000
3,000
500
500
3,000
5,000
500
500
500
500
500
500
1,000
3,000
500
500
500
500
500
1,000
5,000
500
500
500
500
[Condu
ctorP250]
[DriverP250]
500
500
500
500
500
500
500
5,000
5,000
(DriverP2000/
Operato
rP3000)
5,000
1,000
1,000
3,000
1,000
[Driver/
Conduc
torP500]
[Operat
orP500]
5,000
1,000
[Driver/
Conduc
torP500]
[Operat
orP500]
1,000
3,000
750
[Condu
ctorP375]
[Operat
or-P375
]
1,000
5,000
750
[Condu
ctorP375]
[Operat
or-P375
]
3,000
3,000
5,000
5,000
500
3,000
1,000
500
5,000
2,000
3,000
5,000
3,000
5,000
3,000
3,000
3,000
3,000
3,000
5,000
5,000
5,000
5,000
5,000
3,000
5,000
PARKING VIOLATIONS
Double parking.......................................................................................
1,500
Overnight parking (6:00 PM-5:00 AM) on road, road
shoulder, sidewalk not designated as overnight pay
parking zone, of cargo trucks or tractor trailers of sixwheel and up ..........................................................................................
1,500
Parking at any place where official NO PARKING signs
are posted ..............................................................................................
1,500
Parking in front of a private driveway.....................................................
1,500
Parking on a crosswalk............................................................................
1,500
Parking on the sidewalk .........................................................................
1,500
Parking within 4 meters of a fire hydrant................................................
1,500
Parking within 4 meters of the driveway entrance to
any fire station........................................................................................
1,500
3,000
3,000
5,000
5,000
500
500
500
500
500
4,000
[DriverP2000]
[Operat
orP2000]
3,000
500
500
500
500
3,000
[DriverP1500]
[Operat
orP1500]
500
2,000
[DriverP1000]
[Operat
orP1000]
2,000
[DriverP1,000]
[Operat
orP1,000
]
500
500
500
500
500
5,000
[DriverP2500]
[Operat
orP2500]
5,000
500
500
500
500
5,000
[DriverP2500]
[Operat
orP2500]
500
2,000
[DriverP1000]
[Operat
orP1000]
2,000
[DriverP1,000]
[Operat
orP1,000
]
500
500
500
500
500
3,000
3,000
3,000
3,000
3,000
1,500
500
5,000
5,000
5,000
5,000
5,000
1,500
3,000
3,000
5,000
5,000
3,000
5,000
3,000
5,000
3,000
5,000
3,000
500
3,000
3,000
5,000
500
5,000
5,000
3,000
5,000
3,000
5,000
3,000
3,000
3,000
5,000
5,000
5,000
3,000
5,000
3,000
5,000
500
3,000
3,000
3,000
3,000
500
5,000
5,000
5,000
5,000
3,000
5,000
3,000
500
5,000
500
3,000
500
3,000
3,000
3,000
5,000
500
5,000
5,000
5,000
3,000
3,000
3,000
3,000
3,000
5,000
5,000
5,000
5,000
5,000
3,000
5,000
3,000
3,000
1,500
5,000
5,000
3,000
3,000
500
5,000
500
500
500
1,000
500
500
1,500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
3,000
500
500
500
500
500
5,000
500
500
Violation of No U-Turns............................................................................
500
Prohibited Parking, Waiting, Loading or Unloading..................................
500
Non-payment of parking fees..................................................................
500
No Holding handle bar............................................................................
500
Non-compliance with WRP......................................................................
500
No designated seats for disabled persons...............................................
500
No IDs displayed.....................................................................................
500
Operating Animal Drawn Carriages, Bicycles and
Tricycles without License.........................................................................
500
Overloading of passengers of bicycles and tricycles...............................
500
Out of service area (tricycle, pedicab, trisikad,
motorela)................................................................................................
500
Obstructing Drivers View or Mechanism.................................................
500
Obstructing Roads by Motor Vehicles, and Vendors
Stalled Vehicles.......................................................................................
500
Parking and Waiting in Prohibited Areas..................................................
500
Parking Near Grade or Curve..................................................................
500
Parking on Parade Routes and on Any Special
Occasion.................................................................................................
500
Parking for Certain Prohibited Purposes..................................................
500
Parking in front of Residential or of Commercial
Establishment.........................................................................................
500
Putting Glass, Sharp Objects on Highway................................................
1,500
Riding Bicycle and Tricycle Without Regular and
Permanent Seat.......................................................................................
500
Restrictions on Some Roads....................................................................
500
Riding Bicycle More than Two Abreast.....................................................
500
Refusals to Have Vehicles Weighed and/or Remove
Excess Load.............................................................................................
500
Road Unworthiness of Motor Vehicles.....................................................
500
Street Diggings of Road Closure Without Permit.....................................
500
Towing of Bicycles...................................................................................
500
Unregistered Motor Vehicle.....................................................................
500
Use, Posting or Display of Fake Unauthorized IDs
Stickers, etc............................................................................................
500
Use of Signaling Devices.........................................................................
500
Unauthorized Installation/Use of Jalousies, Additional
Air-con, Dim-colored Lights, etc...............................................................
500
Tracking Mud Unto the Highway..............................................................
500
Violation of No Entry Sign.......................................................................
500
Violation of Bridge Load Limit.................................................................
500
Violation of Keep Right, Keep Left Sign...................................................
500
Violation of Stop Sign..............................................................................
500
Violation of Give Way/Yield Sign..............................................................
500
Violation of Procedures Involving Traffic Accidents..................................
500
Violation or Non-compliance with any Section or
500
500
500
1,500
500
500
1,500
500
500
500
2,000
500
500
3,000
500
1,000
500
2,000
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
3,000
500
5,000
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
500
Mayors Permit as required under Section 77, as amended, of the 2003 Revenue Code
shall be issued for the operation of such vehicle in the City.
SECTION 209. Judicial Penalty. In the event the person who was issued citation
ticket fails to pay the traffic fine stated in the citation ticket at the office of the Roads and
Traffic Administration, or to not render community service in lieu of payment of
administrative fine as provided under this Ordinance, within seventy-two (72) hours from
time of issuance of the citation ticket, the Roads and Traffic Administration shall
immediately file a complaint against such person before the courts, and if found guilty of
the offenses shall be penalized with a fine of not less than P3,000.00 but not more than
P5,000.00 or imprisonment of not less than eight (8) months but not more than one (1)
year, or both such fine and imprisonment at the discretion of the court.
SECTION 210.
Apportioning
Administrative/Judicial Fine:
(A)
Sharing
of
the
Proceeds
of
The proceeds of the administrative fines collected from or paid by violators of the
citys traffic rules and regulations who opted to settle their violation
administratively during the reglementary period of 72 hours from the time of arrest,
shall be apportioned as follows:
(a)
(b)
(c)
(B)
or
Fifty percent (50%) of the fine paid by the offender shall accrue to the general
fund of the City government;
In case the arrest was made by a city policeman, fifty percent (50%) shall
accrue to the Cagayan de Oro City Police Office, as the citys financial support
thereto for its operational funds to special activities/operations, honorarium,
and for the acquisition of equipments, supplies, repair of police vehicles,
improvement of police buildings, for schooling/training of its members and for
medical assistance to policemen wounded while on duty, among others.
In case the arrest was made by a member of the Barangay Police, elected
barangay official, RTA enforcer and deputized private individual traffic
enforcer, twenty percent (20%) shall be given to the arresting person, and
thirty percent (30%) shall accrue to the Barangay where he/she resides or is
member of its Barangay Police, the RTA, or to the private traffic organization
or association, as the case maybe.
The proceeds of judicial fines collected from or paid by violators of the citys traffic
rules and regulations shall be apportioned as follows:
Fifty percent (40%) of the fine paid by the offender shall accrue to the general fund
of the City government;
Twenty percent (20%) shall accrue to the Office of the Municipal Trial Court in Cities,
Cagayan de Oro City, as the citys financial support thereto for acquisition of
equipment necessary for its operations.
(c) In case the arrest was made by a city policeman, forty percent (40%) shall
accrue to the Cagayan de Oro City Police Office, as the citys financial support
thereto for its operational funds to special activities/operations, honorarium,
and for the acquisition of equipments, supplies, repair of police vehicles,
improvement of police buildings, for schooling/training of its members and for
medical assistance to policemen wounded while on duty, among others.
(d) In case the arrest was made by a member of the Barangay Police, elected
barangay official, RTA enforcer and deputized private individual traffic
enforcer, twenty percent (20%) shall be given to the arresting person, and
twenty percent (20%) shall accrue to the Barangay where he/she resides or is
member of its Barangay Police, the RTA, or the private traffic organization or
association, as the case maybe.
ARTICLE XXX
FINAL PROVISIONS
SECTION 211. Miscellaneous. Notwithstanding the provisions of this Code,
other existing Ordinances and laws to the contrary, the City Mayor is hereby given full
power and authority to issue Executive Orders, rules and regulations appurtenants hereto,
with the end in view of making this Ordinance truly reflective of the ideals of good
governance, especially in regulating the use and enjoyment of city streets.
The provisions of Department Order No. 96-693 issued by the DOTC covering the
Revised Schedule of Administrative fess and charges of the Land Transportation Office
(LTO) that are not inconsistent herewith are hereby adopted.
SECTION 212. Separability Clause.- If for any reason, any section or provision of
this Ordinance is declared illegal or unconstitutional, other sections or provisions hereof,
which are not affected thereby shall continue to be in full force and effect.
SECTION 213. Repealing Clause.- All previous issuances, ordinances, rules and
regulations or parts thereof, which are inconsistent or in conflict with the provisions of this
Code are hereby repealed or modified accordingly.
SECTION 214. Effectivity Clause. This Ordinance shall take effect after fifteen
(15) days following its approval and publication.
UNANIMOUSLY APPROVED.
Present:
- Councilor
- Councilor
- Councilor
- Councilor
- Councilor
- Councilor
- Councilor
- Councilor
- Councilor
- Councilor
- Councilor
- Councilor
- Councilor
- Councilor
DONE in the City of Cagayan de Oro this 19TH day of March 2007.
I hereby certify to the correctness of the aforestated Ordinance.
MICHELLE T. SPIERS
CITY VICE MAYOR
PRESIDING OFFICER
Approved:
VICENTE Y. EMANO
CITY MAYOR
Attested:
MARY JANE L. BUTASLAC
ASSISTANT CITY BUDGET OFFICER