Parking Area and Traffic Scheme
A. Parking at Road-Right-of-Way
Section 1. It is unlawful for any land transportation to park over night on road right-of-way not so designated by Traffic Management Committee.
Section 2. Any driver or owner of land transportation company will be both liable if found guilty of the above provision and punished of a fine of Two Thousand Pesos (P2,000.00).
B. Parking at Plaza Heneral Santos
Section 1. The parking of all kinds of vehicles in non–designated parking spaces of Plaza Heneral Santos is hereby prohibited.
Section 2. Sign/billboards to this effect be placed in designated and non–designated parking spaces for purposes of public notice.
Section 3. Violation of this Ordinance shall subject the violator to a fine of Five Hundred Pesos (P500.00).
Where the violator of this Ordinance does not contest his/her apprehension and elect to pay the fine imposed by this Ordinance, the enforcement officer shall forthwith issue a citation ticket/Temporary Operator’s Permit (T.O.P.) of Land Transportation Office (L.T.O.) to the person apprehended without resort to the Court. The citation ticket/T.O.P. shall state or contain (a) the name, signature, age and address of the person apprehended, (b) the material facts obtaining in the commission or omission of the crime defined and penalized under this Ordinance, (c) the amount of fine which is payable in favor of the City Government of General Santos, and (d) notice requiring the person apprehended for extrajudicial settlement of his/her violation by paying the prescribed fine at the Office of the City Treasurer within ten (10) working days from issuance thereof, otherwise, appropriate complaint shall be filed against him/her with the appropriate government agency such as the City Prosecution Office, for the filing of appropriate charge against him/her with the Court of law.
Section 4. There is hereby created a trust account where the fine collected for violation of traffic ordinances shall be deposited and accounted to be used for the development of traffic and transportation program of the city.
C. Vehicular Traffic Scheme at the Vicinity of Public Market
Section 1. (a.) The access road between Phase A and Phase B of Central Public Market is hereby declared as one-way traffic with the direction from East entrance of the market located at Santiago Boulevard through Westside Street, and the same shall be closed to vehicular traffic except for government vehicles such as compactors, dump trucks and the like, and private delivery vans of meat, fish and other commodities; Provided, that private delivery vehicles shall be allowed to enter the said access road only from 9:00 PM until 3:00 AM of the following day.
(b.) The portion of Cagampang Street commencing from Santiago Boulevard up to West Side Street is hereby declared as no parking area from 6:00 AM until 6:00 PM of the same day.
Section 2. Violation hereof shall subject the offender to a fine of One Thousand Five Hundred Pesos (P1,500.00) and/or imprisonment of not more than five (5) days, or both such fine and imprisonment at the discretion of the Court.
Where the violator of this Ordinance does not contest his/her apprehension and elect to pay the fine imposed under Paragraphs A and B of this Section, the enforcement officer shall forthwith issue citation ticket to the person apprehended without resort to the Court. The citation ticket shall state or contain (1.) the name, signature, age and address of the person apprehended, (2.) the material facts obtaining in the commission or omission of the crime define and penalized under this Ordinance, (3.) the amount of fine which is payable in favor of the City Government of General Santos, and (4.) notice requiring the person apprehended for extra-judicial settlement of his/her violation by paying the prescribed amount of fine at the Office of the City Treasurer within seventy-two (72) hours from issuance thereof, otherwise, appropriate complaint shall be filed against him/her before the Court of law.
Blowing of Horns
A. Blowing of Horn Within the City
Section 1. The blowing of horn of all motor vehicles within “no blowing of horn zones” is hereby prohibited, except when necessary as a traffic warning or as indication that the driver of the vehicle intends to overtake another vehicle. “no blowing of horn zones” shall be determined by General Santos City Traffic Management Committee.
Section 2. Violation of this ordinance shall subject the offender to a fine of Five Hundred Pesos (P500.00).
B. Blowing of Horn In Front of Church and Other Places
Section 1. It shall be unlawful for any person/persons or operators of motor vehicles to blow its horn within the premises of all churches and other sacred places during celebration of mass, worship or other religious activity; City Hall and courts during office hours; schools during school hours; and hospitals.
Section 2. Violation of this Ordinance shall subject the offender to a fine of Five Hundred Pesos (P500.00).
A. San Pablo Street
Section 1. San Pablo Street fronting Notre Dame of Lagao for Girls (NDLG), Notre Dame of Dadiangas College High School (NDDC-HS) and Saints Peter and Paul Church is hereby declared as “one way traffic”, using Rivera Street as the entrance point and Tiongson and San Pedro Streets as the exits.
Section 2. San Pedro Street (from the point of San Pablo Street to Jose Catolico Avenue) shall be declared and designated as diagonal parking area and closed to traffic during Saturdays and Sundays only, upon condition that the lot owners shall not be deprived of their road-right-of- way and a “do not block the driveway” signboard shall be placed/displayed thereat.
Section 3. The right side of San Pablo Street (facing Tiongson Street from Rivera Street) shall be declared and designated as parallel parking area except the areas fronting the school gates and church entrance.
Section 4. Any violation of this ordinance shall subject the offender to a fine of One Thousand Pesos (P1,000.00).
A. Road Fronting MSU High School
Section 1. The passage of heavy trucks or delivery vans, having six (6) wheels or more, on the road fronting the High School Department of the Mindanao State University, from 6:00 am to 6:00 pm, is hereby prohibited.
Section 2. The City Traffic Management Unit and the Police Department shall implement this Ordinance, and City Engineer’s Office shall place the necessary traffic signs in the aforementioned road such that heavy trucks with six wheels and above shall not be able to pass thereat.
Section 3. Any violation of this Ordinance shall subject the offender/s to a fine of One Thousand Pesos (P1,000.00).
Where the violator of this Ordinance does not contest his/her apprehension and elect to pay the fine imposed by this Ordinance, the enforcement officer shall forthwith issue a citation ticket to the person apprehended without resort to the Court. The citation ticket shall state or contain (a) the name, signature, age and address of the person apprehended, (b) the material facts obtaining in the commission or omission of the crime defined and penalized under this Ordinance, (c) the amount of fine which is payable in favor of the City Government of General Santos, and (d) notice requiring the person apprehended for extrajudicial settlement of his/her violation by paying the prescribed fine at the Office of the City Treasurer within ten (10) working days from issuance thereof, otherwise, appropriate complaint shall be filed against him/her with the appropriate government agency such as the City Prosecution Office, for the filing of appropriate charge against him/her with the Court of law.
B. Lower Silway Bridge
Section 1. The passage of trailers, trucks and other heavy equipment or vehicles weighing more than fifteen (15) metric tons on Lower Silway Bridge, Barangay Dadiangas West, is hereby prohibited.
Section 2. Any violation of this Ordinance shall suffer the driver of trailers, trucks and other heavy equipment or vehicles to a fine of Five Thousand Pesos (P5,000.00).
C. Salvani Street
Section 1. The passage of trucks and heavy equipment with six (6) wheels and above at Salvani Street, Barangay City Heights, this City is hereby prohibited from Monday to Friday during peak hours of school days from 6:00 AM to 8:00 AM and 4:00 PM to 6:00 PM.
Section 2. The Traffic Management Office of the City shall implement this Ordinance and place the necessary traffic signs in the aforementioned road for drivers of trucks and heavy equipment drivers to take heed and shall not pass thereat during peak hours of school days as mentioned in Section 1 of this Ordinance;
The Barangay Government of City Heights may provide Traffic Aides or Barangay Tanods to enhance the effective enforcement of this Ordinance.
Section 3. Any truck/heavy equipment driver or operator who violates this Ordinance shall be punished by a fine of One Thousand Pesos (P1,000.00) and/or imprisonment of not more than five (5) days or both at the discretion of the court.
Where the violator of this Ordinance does not contest his/her apprehension and elect to pay the fine imposed under the preceding paragraph, the enforcement officer shall forthwith issue citation ticket to the person apprehended without resort to the Court. The citation ticket shall state or contain (a.) the name, signature, age and address of the person apprehended, (b.) the material facts obtaining in the commission or omission of the crime defined and penalized under this Ordinance, (c.) the amount of fine which is payable in favor of the City Government of General Santos, and (d.) notice requiring the person apprehended for extra-judicial settlement of his/her violation by paying the prescribed amount of fine at the Office of the City Treasurer within seventy-two (72) hours from issuance thereof, otherwise, appropriate complaint shall be filed against him/her before the court of law.
Fare Rate Within the Poblacion of General Santos City
Section 1. The present minimum fare of tricycle-for-hire in the General Santos City is fixed at Seven Pesos (P7.00) per passenger: Provided, that the prevailing transportation fare privileges granted by law to students, senior citizens and persons with disability shall continue to apply.
Section 2. There is hereby required the posting of copies of the notice of the respective tricycle fare rate/tariff in every tricycle plying within the City. The dimension of the notice bearing the tricycle fare rates/tariff shall be one half (1/2) sheet of long sized bond paper.
Section 3. The Motorized Transportation Franchising and Regulatory Board (MTFRB) shall be responsible in the implementation of this Ordinance.
Section 4. Any violation of this Ordinance shall subject the offender driver and/or operator of motorized tricycle-for-hire to a fine of One Thousand Pesos (P1,000.00) and cancellation of motorized tricycle franchise.
Closure of Streets In Front of Churches
Section 1. The road in front of houses of worship of the different religious groups within the city may be closed to vehicular traffic during particular hours of service on regular worship days, hence, passage of all motor vehicles on said road section may be prohibited except during emergency.
Section 2. Church authorities are hereby authorized to close the road fronting their respective churches during their hours of service on regular worship days: Provided, however, That said closure shall be with the coordination of the Police Traffic authorities: provided further, that church authorities shall request the City Mayor’s Office for the closure of road in front of their house of worship during special church holidays or activities.
Section 3. Any violation of this ordinance shall subject the offender/offenders to a fine of One Thousand Five Hundred Pesos (P1,500.00)
A. Motorized Tricycle Franchising Regulatory Board
Section 1. There shall be created in General Santos City the Motorized Tricycle Franchising Regulatory Board (MTFRB) primarily to serve as a policy-making body and shall supervise the franchising and/or regulation of the operation of public utility tricycles.
Section 2. The MTFRB shall have the following composition:
Chairperson: City Mayor
- Chairperson, Sangguniang Panlungsod
- Committee on Transportation, Communication and Franchises
- Representative from the Federation of Tricycle Operators and Drivers Association;
- Representative from the Sangguniang Kabataan Federation;
- Representative from the Consumer’s Welfare Council;
- Representative from the Liga ng mga Barangay;
- Chief, Land Transportation District Office, General Santos City;
- Representative from the Senior Citizen;
- Representative from the media;
- Representative from the PNP Traffic Division; and
- The City Legal Officer as Ex-Officio Member.
Section 3. Duties and Responsibilities:
- Supervise the franchising and regulate the operation of all public utility tricycles throughout the City;
- Abide with all laws, rules and regulations in connection with the issuance of franchises to public utility tricycles;
- Receive, process and accept/deny applications for issuance of franchise and recommend for approval or disapproval of the same to the MTFRB Chair;
- To inspect and determine the road worthiness of the public utility tricycles based on the standards, specifications and designs set forth in any law, ordinance, policy and guideline;
- To post approved applications for Franchises at identified areas and conspicuous places;
- To maintain computerized database and other records pertaining to the operation and issuance of franchise to public utility tricycles within the city;
- To accredit fabricators/manufacturers of sidecars to be used as public utility tricycle;
- To recommend to the Sangguniang Panlungsod of this city reasonable fares, fees and penalties for violation thereof;
- To hold regular meeting once a week at any time and day as determined by the Board;
- To do other MTFRB related functions that are inherent and necessary for the smooth and effective delivery of franchising services.
Section 4. Term of Office and Election of the MTFRB members:
- The election of NGO representatives for the MTFRB shall be held every three (3) years not later than the second week of December of the year.
- The term of office of NGO representatives shall be three (3) years.
- The assumption to office of elected NGO member shall commence on the 1st day of January of the succeeding year of election.
- Every official shall undergo seminars thru the LTO or other government institution.
- In case of incapacity, insanity, death or expulsion of any representative NGO to the Board, the person who garnered the next highest vote, shall automatically assume the duties and responsibilities of the person being replaced until the termination of the remaining term of office.
Section 5. Grounds for Expulsion, Suspension, Recall from Office:
- Proven charges of Graft and Corruption
- Negligence of Duty (Absenteeism) with three (3) consecutive absences
- Abuse of Authority (Threatening) with intimidation and undue influence
- Criminally convicted by final judgment of any crime by the Court.
Section 6. The representative of the NGO sitting as member in the said Board shall receive an Honorarium in the amount of Six Hundred Pesos (P600.00) per regular meeting actually attended.
Section 7. The criteria in the selection of representatives to the MTFRB is hereby established, to wit:
a. Tricycle Drivers/Operators Association Representative
- Must be a bonafide member of a duly registered Tricycle Drivers/Operators Association in General Santos City.
- A resident of General Santos City for at least one (1) year.
- Must be voted upon by the different members of a duly registered Tricycle Drivers/Operators Association in General Santos City.
- Must be a registered voter of General Santos City.
b. Representative from the media:
- Must be a bonafide member of the mass media in General Santos City.
- A resident of this city for at least one (1) year.
- Must be voted upon by the members of the different mass media associations in General Santos City.
c. SENIOR CITIZENS REPRESENTATIVE:
- Must be a bonafide member of the General Santos City Senior Citizens Association.
- Must be voted upon by the member of the senior citizens association.
- Must be a resident of this city for at least one (1) year.
Section 8. The Board shall recommend and submit for review to the Sangguniang Panlungsod for appropriate legislative action
- Measures governing public utility tricycle such as the issuance or cancellation of franchising/operating permits; and
- Measures affecting fares, zones, city fees and other charges, and traffic laws.
Section 9. The Board shall exercise supervision over all tricycle associations and cooperatives within the City.
Section 10. The City Mayor shall designate not less than three (3) personnel to serve as the Secretariat of the MTFRB.
Section 11. The City Government shall appropriate funds under annual or supplemental budgets, to support the operation of the MTFRB.
B. General Santos City Tricycle-for-Hire Franchising Ordinance
ORDINANCE OBJECTIVES AND POLICY
Section 1. This Ordinance shall be known and referred to as the “General Santos City Tricycle-For-Hire Franchising Ordinance”
Section 2. Pursuant to Paragraph A.3.VI, Section 458 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, which states that:
“Subject to the guidelines prescribed by the Department Of Transportation And Communications, regulate the operation of tricycles and grant franchises for the operation thereof within the territorial jurisdiction of the City;”
it is the policy of the City Government to adopt the guidelines issued by DOTC in the issuance of tricycle franchise as follows:
In lieu of the Land Transportation Franchising and Regulatory Board (LTFRB) in the DOTC, the Sangguniang Panlungsod (SP) shall perform the following:
- To issue, amend, revise, renew, suspend or cancel Motorized Tricycle Operators Permit (MTOP) and prescribed the appropriate terms and conditions therefor:
- Determine, fix, prescribe or periodically adjust fares or rates for the service provided in a zone and/or from one zone to another after public hearing;
- Prescribe and regulate zones of service in coordination with the barangay;
- Fix, impose and collect, and periodically review and adjust but not oftener than once every three (3) years, reasonable fees and other related changes in the regulation of tricycle-for-hire; and
- Establish and prescribe the conditions and qualifications of service.
Section 3. – Definition of Terms
- Tricycle-for-hire is a motorized vehicle composed for a motorcycle fitted with a single wheel side car or a motorcycle with a two wheel cab operated to render service to the general public for a fee;
- Motorized Tricycle Operators Permit or MTOP, is the document granting franchise or license to operate issued to a person, natural or juridical, allowing him/her/it to operate Tricycle-for-hire over zones specified therein;
- A zone is a contiguous land area or block, say a subdivision or a barangay, where a tricycle-for-hire may operate without a fixed origin and destination.
RULES OF ENTRY
Only Filipino Citizen of legal age and a resident of General Santos City for at least one(1) year and partnership or corporations with 60% Filipino equity, are qualified to be operators for a tricycle-for-hire. However no MTOP shall be granted unless the applicant is in possession of units with valid registration papers from Land Transportation Office (LTO).
Furthermore, grantees of MTOP must carry a common carriers insurance sufficient to answer for any liability it may incur to passengers and third parties in case of accidents.
The fares shall be established at a level that will provide the operator a reasonable return or profit, and still be affordable to the general public.
Until such time that the Sangguniang Panlungsod has prescribe the fare structure for the zone, the official fare shall be that authorized by the LTFRB on PUJ’s operating in the City.
For students and Senior Citizens however with valid identifications cards entitles him/her for a discount fare.
The table of fares should be posted prominently at the tricycle terminal and in conspicuous part of the vehicle.
For safety reasons, no tricycle should operate on national highways utilized by four (4) wheel vehicles greater than four (4) tons and where normal speed exceeds forty (40) KPH. However, the Sangguniang Panlungsod may provide exceptions if there are no other alternative route.
- Zones must be with the boundaries of the City.
- A common color for Tricycle-for-hire operating in the same zone should be imposed. Each unit shall be assigned and must bear an identification number, aside from its LTO Licensed Plate Number.
- An operator wishing to stop service completely, or to suspend service for more than one month, should report in writing such termination or suspension to the office hereinafter called the Motorized Tricycle Franchising Regulatory Board (MTFRB), which may authorized by the Office of the City Mayor by virtue of an Executive Order which office originally granted the MTOP prior thereto. Transfer to another zone may be permitted upon application filed with the MTFRB.
- The MTOP shall be valid for three (3) years, renewable for the same period. Transfer to another zone, change of ownership or unit or transfer of MTOP shall be construed as an amendment to an MTOP and shall require appropriate approval of the MTFRB.
- Operators shall employ only drivers licensed by the LTO for tricycle-for-hire.
- (a.) The name of the operator should be reflected on both sides of tricycle-for-hire, on outside portion with a three (3) inches lettering of the operators name and two (2) inches lettering of the MTOP Number and its residence. (b.) For the driver, the Identification Card should be posted or hanged inside the front portion of the tricycle with a 2×2 ID picture of which the association full name, drivers full name its address is reflected. (c.) The LTO Plate Number should be maintained on the designated place, one (1) on both sides of the outside portion of the tricycle, two (2) on the outside rear portion of the tricycle, one the inside portion of the backseat and one (1) on the front portion of the tricycle as designated by the LTO.
- No tricycle-for-hire should be allowed to carry more passengers and/or goods that it is designed for.
- A tricycle-for-hire shall be allowed to operate like a taxi service, i.e. service is rendered upon demand and without a fixed route within a zone, provided prior authority shall be secured from the MTFRB.
- All of the above requirements will be a pre-requisite for the approval of the MTOP.
SUPERVISION AND OTHER FEES
The following fees shall be imposed and collected upon the filing of the application with the City Government of General Santos through the Office of the City Treasurer, to wit;
- Supervision Fee – to be collected once a year on or before the anniversary date of the MTOP from all holders of the MTOP (P00/year and/or P60.00 in three (3) years).
- Filing Fee – to be collected upon application for an MTOP based on the number of units.
- Fare Adjustment Fee for Fare Increase – to accrue upon approval of fare increase and to be collected with the Annual Franchising Fee.
- Filing Fee for Amendment of MTOP – to be collected upon application.
- Confirmation Fee – to be collected from all applicants this will answer for all documentation and/or postage expenses.
|A. REQUIREMENTS FOR NEW MOTORIZED TRICYCLE OPERATORS PERMIT||SCHEDULE OF FEES|
|a.) 5 copies – verified application;
b.) 3 copies – proof of Filipino citizenship any of the following : birth certificate; voters Affidavit; voters ID; Land Title for natural persons; SEC Certificate; Article of Incorporation; Certificate of Filing of By-laws; By-laws of Juridical person and Certificate of Cooperative Development Authority.
c.) 3 copies – Certificate of Registration; official
receipt for payment of registration or Proforma Invoice (LTO).
d.) 3 copies – Sketched location of garage or
e.) 3 copies – Income tax return together with the
statement of Assets and Liabilities and Bank Deposit or Land title, if motor vehicle is encumbered.
f.) 1 copy – Picture of the unit (front view only)
|B. REQUIREMENT FOR EXTENSION, RENEWAL OF MOTORIZED TRICYCLE OPERATORS PERMIT (MTOP)||SCHEDULE OF FEES|
|a.) Same as in “A” with additional requirements
b.) 3 copies – Certificate of Public Convenience, Motorcycles-for-hire (MCH) Permit or Provitional Authority (PA) to operate an MCH service; Decision or Computerized Certificate, whichever is applicable, previously issued by the LTO and Regulatory Board or the MTOP issued by the City as the case may be.
c.) 3 copies – (for 3 units and above) Proof of payment of Quarterly Percentage Taxes for the immediate preceding quarter
d.) 3 copies – (for 3 copies and above) Clearance from the SSS is required
e.) 3 copies – (for 3 units and above) Clearance from the Department of Labor and Employment is required
f.) Upon approval of the authority to Operate a Motorized Tricycle for Hire – P200.00;
Sticker – P25.00; Confirmation – P10.00
|C. PETITION FOR DROPPING AND SUBSTITUTION ANYTIME FROM DATE OF APPROVAL|
|a.) 5 copies – verified petition;
b.) 3 copies – Certificate of Public Convernience, MCH, PA, Decision or Computerized Certificate or MTOP, whichever is applicable.
c.) 3 copies – Certificate of Registration and Official Receipt for payment of Registration
d.) 3 copies – Receipt of returned Plate
e.) 3 copies – Official Receipt for payment of Annual Franchise Fee or Supervision Fee.
f.) 3 copies – Certificate of Registration and Official Receipt for payment of Registration or Proforma Invoice of unit/s in substitution (LTO).
|D. PETITION FOR AMENDMENT OF LINE/UNIT||SCHEDULE OF FEES|
|a.) 5 copies – verified petition;
b.) 3 copies – CPC, MCH, PA, Decision or Computerized Certificate or MTOP, whichever is applicable.
c.) 3 copies – O.R. / C.R.
d.) 3 copies – Proof of payment of Quarterly percentage taxes for the preceding year; Certificate of exemption if the Franchise Holder is tax-exempt.
|E. PETITION FOR INCREASE OF UNITS||SCHEDULE OF FEES|
|a.) 5 copies – verified petition:
b.) 3 copies – CPC, MCH, PA, Decision of Computerized Certificate or MTOP, whichever is applicable
c.) 3 copies – Certification of Registration and Official Receipts of existing units.
d.) 3 copies – Certificate of Registration and Official Receipts or Proforma Invoice of the additional units.
e.) 3 copies – Official Receipt of payment of Annual Franchise Fee of Supervision Fees.
f.) 3 copies – Proof of payment of Quarterly Percentage taxes for the preceding year.
|Filing Fee – P150.00 (for the 1st unit)
An additional of P25.00 from the P150.00 for every unit thereafter.
Supervision Fee – P30.00
Confirmation Fee – P10.00
|F. PETITION FOR APPROVAL OF SALE AND TRANSFER OF CPC, MCH, PA DECISION OR COMPUTERIZED CERTIFICATE OR MTOP, WHICHEVER IS APPLICABLE WITH THE UNIT||SCHEDULE OF FEES|
|a.) 5 copies – Jointly verified petition of vendor/ Grantee and vendee/petitioner;
b.) 3 copies as Dead of Sale and Transfer.
c.) 3 copies – CPC, MCH, RA, Decision or Computerized Certificate of MTOP, whichever is applicable.
d.) 3 copies – Certificate of Registration or Official Receipt.
e.) 3 copies – Proof of payment of Quarterly Percentage
f.) 3 copies – Proof of payment of Annual Franchise Fee or Supervision Fees.
g.) 3 copies – SSS Clearance.
h.) 3 copies – Dole Clearance.
|(Same as above)
Filing Fee – P150.00 (for the 1st unit)
An additional P25.00 for every unit thereafter.
Supervision Fee – P30.00
Confirmation Fee – P10.00
|G. EXTENSION OF TIME TO REGISTER||SCHEDULE OF FEES|
|a.) 5 copies – verified petition:
b.) 3 copies – Certificate of Registration or Official Receipt
c.) 3 copies – CPC, MCH, PA, Decision or Computerized Certificate or MTOP, whichever is applicable
Refusal to Convey Passenger
Section 1. The refusal to accept a passenger by a tricycle without any passenger is punishable by an imprisonment of five (5) days and a fine of P50.00 upon first conviction; an imprisonment of 30 days and a fine of P150.00 upon second conviction; and a prohibition for said driver to drive a passenger tricycle for three months upon third conviction: Provided, that the General Santos City Hospital, Elizabeth Hospital, and General Santos City Doctors’ Hospital be considered within Dadiangas, General Santos City, for the purpose of this ordinance.
Section 1. Special Permit- Provisional Authorities, CPC or MCH previously issued by the LTFRB shall remain valid until their expiry date. Operators, however, may choose to apply for a new MTOP or an amendment to their existing MTOP at earlier date with the MTFRB, provided however, that the buyer is qualified under the provisions of this Ordinance.
Section 2. Any person or persons, natural or juridical who shall violate any provision of this Ordinance, or who shall violate the rules and regulations promulgated under the authority of this Ordinance, shall be punished by:
- A fine of not exceeding one thousand (P1,000.00) pesos; or
- An imprisonment of not exceeding Six (6) months; or
- Both such fine and imprisonment at the discretion of the court.
Provided however, that should the violation be committed by any corporation or partnership, the General Manager, thereof, shall become responsible and shall be charged with such violation and penalized accordingly. Appropriate disciplinary and/or cancellation of MTOP, PA, CPC or MCH, whichever is applicable, shall likewise be imposed on anyone found violating any of the provisions of this Ordinance and its implementing rules and regulations.
Operation of Trisikads
A. Legalization of Operation of Trisikad
Section 1. CLASSIFICATION OF TRISIKADS. – Trisikad shall be classified as for hire, commercial use or owner drive.
Section 2. DEFINITION OF TERMS:
- Trisikad is a vehicle having three (3) wheels and operated by means of a pedal to include bicycle with sidecar;
- Trisikad for Hire is being used in transporting passengers, goods or both for a fee;
- Trisikad for commercial use is being used to transport commercial goods of its owner for delivery to costumers;
- Private trisikad is one being used by its owner for transport of his/her own goods and for personal use.
Section 3. WHO ARE AUTHORIZED TO OPERATE.
- He must be a Filipino Citizen and a resident of the barangay for at least one (1) year.
Section 4. REGISTRATION.
- No person shall operate a trisikad unless the same is registered with the barangay where he/she resides and intends to operate a trisikad;
- Renewal of trisikad shall be done every year;
- Newly acquired trisikad shall not be allowed to operate unless it is registered with the barangay including the bicycle;
- No registration or renewal of registration shall be allowed of units which are unfit for public use or not roadworthy as determined by the Barangay officials.
The bicycle and its sidecar shall be registered to the barangay.
Section 5. REGISTRATION FEES. – Registration fees shall be as follows:
a.) Trisikad for Hire:
Bicycle – P50.00
Sidecar – P50.00
b.) Trisikad for Commercial Use:
Bicycle – P50.00
Sidecar – P50.00
c.) Private Trisikad:
Bicycle – P50.00
Sidecar – P30.00
Payment of registration or renewal of registration fees for bicycles shall be made to the City Treasurer’s Office and concerned barangay which shall issue a corresponding receipt for registration plate for the current year, the sidecar to the concerned barangay only.
The last digit appearing in the plate number of trisikads shall be the basis for the date of registration/renewal of bicycles.
Insurance with a time coverage of one (1) year for third (3rd) party liability, property damage and physical injuries shall be required upon registration or renewal of trisikads.
Section 6. LIMITATION OF OPERATION.
- Pedicabs for hire shall not be allowed to operate in streets designated as off-limits by the barangay concerned and the Sangguniang Panlungsod;
- That trisikad for hire shall not be allowed along the National Highways;
- As far as determined by the Barangay Officials, the operation of trisikads shall be limited within residential areas;
- The rate of fees to be collected from trisikad passengers shall not exceed the rates approved by the Land Transportation Franchising Regulatory Board (LTFRB) on public utility vehicles;
- The homeowner’s association of private subdivisions may prescribe some limitations regarding the operation of trisikads within said subdivision;
- The total number of passengers of trisikad shall be limited to three (3) persons including the driver;
- The trisikad driver can deliver passengers outside of his/her designated barangay but cannot pick up passengers with fifty (50) meters away from the existing terminal of that barangay.
Section 7. DISPLAY OF PLATE NUMBER AND CARRYING A PHOTOSTAT COPY OF THE REGISTRATION. – The registration plate number of a trisikad shall be prominently displayed at the rear portion of the trisikad clearly visible at a distance of fifty (50) feet and the driver/operator shall always carry his/her photocopy of the registration papers.
Section 8. COMPLIANCE OF ALL TRAFFIC RULES AND REGULATIONS. – The drivers or operators of trisikads shall at all times comply with the traffic rules and regulations while operating their units.
Section 9. LIGHT OF TRISIKADS. – Every trisikad being operated at night shall be equipped with light on the front which shall emit a white light from a distance of at least Two Hundred (200) feet to the front and with a rear red reflex mirror or reflectorized tape visible for a distance of Two Hundred (200) feet to the rear.
Section 10. LIMITATIONS AS TO THE NUMBER OF TRISIKADS FOR HIRE.
a) An individual can operate trisikads in General Santos City and the number of units shall be determined by the barangay concerned.
Section 11. WARNING.
No person shall operate a trisikad unless it is equipped with a bell, horn or other devices capable of giving a signal for a distance of at least One Hundred (100) feet except siren or whistle.
Section 12. PENAL CLAUSE. – The following administrative penalty shall be imposed upon the driver or owner/operator of the trisikad for the violations indicated hereunder:
No registration – P200.00
No registration plate – P50.00
No light or rear red reflex mirror – P200.00
Violations of traffic rules and regulations and other traffic ordinances shall be dealt with the following penalties:
First Offense – 25.00
Second Offense – 50.00
Third Offense – 75.00 or impoundment of the vehicle or both at the discretion of the Lupon Tagapayapa of the barangay concerned.
Violations by picking up passengers within 50 meters away from the existing terminal, outside of this designated barangay/area:
First Offense – P100.00 or impoundment
Second Offense – P200.00 or impoundment
Third Offense – P300.00 or impoundment or both at the discretion of the Lupon Tagapayapa of the barangay concerned.
B. Terminal For Trisikad
Section 1. Terminals for trisikads are hereby established in the different barangays of General Santos City, to be designated seven (7) to ten (10) meters away from the main road or highway, street corner or from the edge of pavements.
Section 2. The site of the proposed terminal and the trisikad routes shall be identified by the respective barangay councils with proper sketch plans subject to the concurrence of the City Council.
Provision of Light or Reflectorized Sticker to Bicycle
Section 1. It shall be unlawful for any cyclist and bicycle owners to ply along public streets/roads and avenues within General Santos City without providing their bicycles with front and rear lights as well as reflectorized materials.
Section 2. Any person or persons violating this ordinance shall be subject to a fine of Five Hundred Pesos (P500.00).
Loading and Unloading Zones
Title, Purpose and Coverage
Section 1. Title. – This Ordinance shall be known as the Loading and Unloading Ordinance of General Santos City.
Section 2. Purpose. – To strengthen the traffic system, adopt safeguards to prevent irregular use of the city streets and highways, prevent anomalous apprehensions and to streamline and simplify the regulations thereof.
Section 3. Coverage. – This Ordinance shall apply to all public utility vehicles operating within the City of General Santos.
Definition of Terms
Section 4. Definition of Terms. – For purposes of this Ordinance, the following terms and acronyms shall be understood to mean as:
- Central Business District – shall refer to the area within Barangays North, East, West, South, portions of Lagao, Bula and City Heights, where the dominant land uses are commercial and institutional.
- Crosswalk – any portion of a roadway, at an intersection or elsewhere, distinctively indicated by lines and other surface markings for pedestrian crossing.
- Loading – the halting of a motor vehicle temporarily for the purpose of and while actually engaged in boarding either freight or passengers.
- Loading/Unloading Zone – refers to marked areas along the curb or pavement where loading and unloading are allowed.
- Medial Strip – a strip or area lying along the middle and between the paved portions of a highway which is designed to divide vehicular traffic on such highway into two opposite directions.
- Park or Parking – the motor vehicle is considered parked when after a full stop on the pavement, on the shoulder of the road or in a parking lot, the driver leaves the vehicle with the engine and ignition stopped and hand brake on.
- Sidewalk – that portion of the street between the curb lines or the edge of a roadway, and the adjacent property lines intended for the use of pedestrian.
- Stand or Standing – the halting of a vehicle, whether occupied or not, otherwise done for the purpose of and while actually engaged in soliciting or waiting more passengers.
- Unloading – the standing of an occupied motor vehicle temporarily for the purpose of and while actually engaged in alighting either freight or passengers.
Policies, Rules and Regulations
Section 5. There shall be loading and unloading zones marked on the pavement or curb along the major thoroughfares of the city. The same space shall be used solely for loading and unloading.
Section 6. No person shall stop, stand or park a vehicle for any purpose or period of time other than the expeditious loading or unloading of passengers and freight in any place marked as loading/unloading zones during hours when the regulations applicable to such passengers curb loading zones are effective, and then only for a period not to exceed three minutes.
Section 7. Loading and unloading, stopping or standing are prohibited, except when necessary to avoid conflict with other traffic or in compliance with the law or the directions of a police officer or traffic control devices, in any of the following places within General Santos City:
- On a crosswalk or sidewalk;
- Within 6 meters from either approach to an intersection or street corner;
- Within 30 meters on any approach to a signalized intersection;
- Within 6 meters of the driveway entrance to any fire station and on the side of a street opposite the entrance;
- Within 2 meters of either side of a public or private driveway;
- Within 3 meters of either side of a school gate or entrance;
- On traffic island or medial strip;
- On the roadway side of any vehicle stopped or parked at the edge of the curb or a roadway;
- Alongside or opposite any street excavation or obstruction when loading and unloading would obstruct traffic;
- Areas between two succeeding designated loading and unloading zones;
- Within 20 meters from either approach of a bridge or box culvert.
Section 8. Loading and unloading of products, freight and goods from delivery trucks, vans and other vehicles should not be done on the designated loading and unloading zones. Instead, the said delivery trucks, vans and other vehicles must be properly parked in appropriate parking zone or within their compound as this activity would take more than three minutes.
Section 8.a. For establishments with no provisions for parking within their property, shall facilitate loading and unloading of stocks, products, goods and freight within the central between 7:00 pm to 7:00 am of the following day to minimize obstruction to traffic.
Section 9. No person shall board or alight from any vehicle while such vehicle is in motion, and no person shall open the door of a motor vehicle on the side toward moving traffic unless and until it is reasonably safe to do so, nor shall any person leave a door of a vehicle open on the side toward moving traffic for a period of time longer than necessary to load or unload passengers.
Section 9.a. The driver of a public utility jeepney (PUJ) or any other public utility vehicle shall not stand or park such vehicle on any street within the central business district for the purpose of loading and unloading passengers at any place other than the officially designated stopping, loading and unloading area.
Section 10. No person shall embark on or disembark from a bus or jeepney at any place along street not officially designated as loading and unloading area.
Section 11. Whenever any curb markings are to be used to designate loading and unloading zones, such markings shall be yellow in color.
Designated Loading and Unloading Zones
Section 12. The following are the designated loading and unloading zones:
Loading and Unloading Zones (refer to attached map)
|a.)Pioneer Avenue Link|
|1. Between P. Acharon Boulevard and Magsaysay Avenue||– Both sides|
|2. Between Magsaysay Avenue and Roxas/Pendatun||– Both sides|
|b.) Roxas Link|
|1. Between Beatiles St. and Señora dela Paz||– Right side|
|2. Between South Osmeña and Ramos St.||– Right side|
|3. Between City Hall Drive to Zapote St.||– Left side|
|4. Between Zapote St. and Laurel St.||– Both sides|
|5. Between Laurel St. and Marist Avenue||– Right side|
|6. Between Marist Ave. and National Highway||– Left side|
|c.) Pendatun Link|
|1. Between Pioneer Ave. and Daproza St.||– Right side|
|2. Between Daproza St. and Balagtas St.||– Left side|
|3. Between Balagtas St. and Santol St.||– Right side|
|4. Between Santol St. and Laurel St.||– Both sides|
|5. Between Laurel St. and Marist Ave.||– Left side|
|6. Between Marist Ave. and National Highway||– Right side|
|d.) P. Acharon Boulevard Link|
|1. Between Santiago Blvd and West Side St.||– Both sides|
|2. Between West Side St. and Mansanitas St.||– Left side|
|3. Between Mansanitas St. and Saging St.||– Both sides|
|4. Between Saging St. and Salazar St.||– Right side|
|5. Between Salazar St. and Pioneer Ave.||– Left side|
|6. Between Pioneer Ave. and Papaya St.||– Left side|
|7. Between Papaya St. and Gensan Park||– Right side|
|e.) West Side St. Link|
|1. Between P. Acharon to Cagampang St.||– Left side|
|f.) Cagampang St. Link|
|1. From Casquejo St. to West Side St.||– Right side|
|g.) Magsaysay Avenue Link|
|1. Between Casquejo St. and Mansanitas St.||– Left side|
|2. Between Roxas St. and Gumamela St.||– Right side|
|3. Between Quirino St. and Niyog St.||– Right side|
|4. Between Cagampang and Señora dela Paz St.||– Both sides|
|5. Between Niyog St. and Beatiles St.||– Right side|
|6. Between Beatiles St. and Salazar St.||– Left side|
|h.) J. Catolico Avenue Link|
|1. Between NFA and KCC Mall||– Both sides|
|2. Between Gaisano and SOCOTECO||– Right side|
|3. Between Gaisano and SOCOTECO||– Left side|
|i.) J. Catolico Avenue Link|
|1. Between Santiago Boulevard and Mateo Road||– Both sidse|
|2. Between Mateo Road and KCC Mall||– Right side|
|3. Between KCC Mall and NFA||– Left side|
|j.) Santiago Avenue Link|
|1. Between Magsaysay Avenue and Catolico||– Both sides|
|2. Between Catolico and San Miguel||– Right side|
Section 13. Penalty Clause. – Any person found violating any provision of this Ordinance shall have a fine of Five Hundred Pesos (P500.00).
Traffic Signs and Signals
Section 1. The Traffic Control Device Ordinance of General Santos City is hereby enacted.
Section 2. This Ordinance shall be known as the “Traffic Control Device Ordinance of General Santos City”
Section 3. This Ordinance shall apply the installation, operation and maintenance of traffic signals, signs, lane markings and other traffic control devices in General Santos City.
Definition of Terms
Section 4. For purposes of this Ordinance, the following terms shall be understood to mean as:
(a). Traffic Control Device – all signs, signals, pavement markings and other devices not inconsistent with this Ordinance, placed, erected or installed by authority of the Sangguniang Panlungsod or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.
(b). Sign – is a form of traffic control device that contains information, which the road user must obey, warning of hazards that may not be self-evident, or information about routes, direction, destinations, and points of interest.
(c). Pavement Markings – are lines, symbols, messages, or numerals set into the surface of or applied upon, or attached to the pavement which are essential for the guidance and control of vehicle and pedestrian.
(d). Barrier – a traffic control device in the form of an obstruction (wooden, metal or concrete blocks) placed upon or across any road, street, highway or sidewalk for the purpose of preventing or limiting passage of motor vehicle or pedestrians over such street, road, highway or sidewalk.
(e). Traffic Signal – a device manually, electrically, electronically or mechanically operated by which traffic is alternately directed to stop or to proceed or is otherwise controlled.
(f). Intersection – includes every part of a public road or highway that joins another at an angle, whether or not it crosses the other.
(g). Marked Crosswalk – any portion of the roadway at an intersection or elsewhere, distinctly indicated for pedestrian crossing by lines or other markings on the pavement.
(h). Unmarked Crosswalk – any strip of roadway solely intended as passageway for pedestrian that either bounded by two parallel lines drawn from the one side to the other side of the street or indicated with a short dash-lines from one side to the other side of the street.
(i). Main Street – any wide and continuous street as distinguished from an alley or narrow traversing street.
Erection and Operation of Traffic Control Devices
Section 5. No person shall, except when duly authorized by the authority, erect, establish or display on any road or in the view of any person on any road, or interface with, alter or take down any traffic control sign or device.
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 is an imitation of or similar to any traffic control sign or device, or which interferes with the effectiveness of or prevents an approaching driver from clearly distinguishing the whole or part of any traffic control device, or distracts his/her attention from any traffic control sign or device.
Section 6. Where any traffic control sign or item of a kind referred to in this Article exists on the road, it shall be effective and operative as traffic control device duly established for the purpose under this Ordinance.
Any traffic-control or device that substantially conforms to the requirement of these sections with respect to the dimension, shape, color, position, direction, angle or any other feature of traffic control sign or device of any kind shall be deemed traffic control sign or device of that kind.
Section 7. No private person shall use or cause to be used sirens, bells, horns or lights and emergency flashing lights installed in either front or rear, and emergency light blinkers and other similar signaling or flashing devices that actually impede and confuse traffic and which are inconsistent with sound traffic discipline and control on the roads.
Obedience to Traffic Control Devices
Section 8. The driver of any vehicle shall obey the instructions of any official control device applicable thereto, placed or erected in accordance with the provisions of this Ordinance: Provided, That at any intersection where a stop sign or traffic signal lights have been erected or installed, the driver of any vehicle shall operate his/her vehicle in conformity with the traffic signal lights whenever said traffic signal lights are in operation, unless, otherwise directed by the police officer or any other person authorized to direct, control, or regulate traffic: Provided further, That in any boxed intersection which is identified by the criss-cross lines of yellow paint covering the area from the center of the intersection up to the pedestrian lanes, no vehicle shall be allowed to enter therein if its way ahead or exit out of the said boxed intersection is not clear even if the “GO” signal light is on: Provided finally, That no provision of this section shall effect the exemption granted to the driver of an authorized emergency vehicle.
For the purpose of giving effect to the foregoing provision, the traffic authorities of the City Government and the Philippine National Police shall be authorized to select busy intersections in the City of General Santos that shall be declared as “boxed intersections“ and provide them with the following sign: “KEEP INTERSECTION OPEN” which shall be installed in a conspicuous place.
Section 9. When the use of signs, signals, pavement markings or other traffic control devices is expressly required by any provision of this Ordinance or be placed at the particular locations involved to give notice of the existence and application or operation of any such provision, there shall be no prosecution for violation of such provision, unless at the time and place of the alleged violation such as signs, signals, pavement markings or other traffic control devices were placed in accordance with the requirement of such provision and were sufficiently legible or understandable to a person or ordinary understanding or observation. Whenever any particular provision of this Ordinance does not state that signs, signals, pavement markings or other traffic control devices are required, such provisions shall be effective even though no signs, signals, pavement markings and other traffic control devices are erected in place.
The installation and use of traffic signal lights is hereby authorized at the city streets and intersections described in SCHEDULE I as follows:
STREET AND INTERSECTIONS WHERE TRAFFIC CONTROL SIGNALS ARE AUTHORIZED TO BE INSTALLED AND USE
|No.||Name of Intersection/ Street|
|2||P. Acharon Boulevard|
|4||Jose Catolico Avenue|
|13||Fil-Am Friendship Avenue|
|20||Leon Llido Street|
Section 10. Installation of Traffic Signal Lights on National Highways. – The installation and use of traffic lights on National Highways is hereby authorized at the streets and intersections described in SCHEDULE II as follows:
STREET AND INTERSECTIONS ON THE NATIONAL HIGHWAY WHERE TRAFFIC CONTROL SIGNALS ARE AUTHORIZED TO BE INSTALLED AND USED
- National Highway – Cabel Street
- National Highway – Tiongson Street
- National Highway – G. Mesa Street
- National Highway – NFA Junction
- National Highway – Santiago Blvd.
- National Highway – Roxas Avenue
- National Highway – Aparente Street
- National Highway – Pendatun Avenue
- National Highway – Bulaong Avenue
- National Highway – Mabuhay Road
- National Highway – Makar Road (Hadano Park)
- National Highway – Circumferential Road
- National Highway – Espina Road
- National Highway – Labangal Road
- National Highway – Calumpang Road
- National Highway – Fil-Am Friendship Avenue
- National Highway – Fishport Complex
Section 11. Traffic Control Signal Legend. – Whenever traffic controlled by traffic control signals exhibiting different colored lights successively, one at a time, or with arrows, the following colors only shall be used and said words and lights shall indicate and apply to driver or vehicles and pedestrians as follows:
(1) Steady Green Alone (Go Signal)
- Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection of an adjacent cross walk at the time such signal is exhibited.
- Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk.
(2) Steady Amber or Yellow Alone (“Caution Signal”) when shown following Green or “Go” Signal.
- Vehicular traffic facing the signal is hereby warned that the Red or “STOP” signal will be exhibited immediately thereafter and such vehicular traffic shall not enter or be crossing the intersection when the Red or “STOP” is exhibited.
- Pedestrians facing such signal are hereby warned that there is insufficient time to cross the roadway, and any pedestrian then starting to cross shall yield the right-of-way to all vehicles.
(3) Steady Red Alone (Stop Signal)
(a) Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and shall remain standing until the green “GO” signal is exhibited alone: Provided,
i. Where no sign has been erected at such intersection prohibiting right turns against a red signal, vehicular traffic facing such signal, after first coming to a complete stop as specified above, may enter the intersection with caution from the right lane to make a right turn but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at said intersection; and
ii. At the intersection of two one-way streets, where no sign has been erected at such intersection prohibiting right or left turns as the case may be against a red signal, vehicular traffic facing such signal, after first coming to a complete stop as specified above, may enter the intersection with caution from the right or left lane to make a right or left turn, respectively, in the direction of the one-way flow of traffic but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at said intersection.
(b) No pedestrian facing such signal shall enter the roadway within a crosswalk or
(4) Steady Green Arrow
(a) Vehicular traffic facing such signal may enter the intersection with caution only to make the movement in the direction indicated by such green arrow but shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection.
(b) No pedestrian facing such signal shall enter the roadway whether in a crosswalk or otherwise.
Section 12. Whenever special pedestrian control signals exhibiting the words “WALK” or “WAIT” or “DON’T WALK”, or exhibiting different colored lights successively one at a time, the following colors only shall be used and said words and lights shall indicate and apply to pedestrians as follows:
- Pedestrian Green or “Walk” – Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right of way by the drivers of all vehicles.
- Steady Pedestrian Red, or “Don’t Walk” – No pedestrian shall start to cross the roadway in the direction of such signal.
- Flashing Pedestrian Red – Any pedestrian who has partially completed his/her crossing on the Green or “WALK” signal shall proceed to a sidewalk or safety island while the Flashing Pedestrian Red signal is showing.
Section 13. Whenever distinction amber colored lamps are placed at mid-block crosswalks, they shall require vehicle drivers to exercise caution when approaching such crosswalk.
Section 14. Whenever flashing red or yellow signals are used, they shall require obedience by any vehicular traffic as follows:
- Flashing Red (“STOP” Signal) – When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a stop line when mark and right to proceed shall be subject to the rules applicable after making a stop at a stop sign.
- Flashing Yellow (“Caution”Signal) – When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or pass such signal only with caution.
Section 15. Authorized Signs, Signals or Markings.-
(a) Authorized signs, signals or markings are those devices that conform to the standard, specifications, size, color, location, classification and design set forth and recommended under the latest edition of the Department of Public Works and Highways Manual on Road Signs and Pavement Markings.
(b) In the event an official traffic control signal is erected and maintained at a place other than an intersection, the provision hereinabove set fort shall be applicable except as to those provisions, which by their nature, can have no application.
(c) Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking, the stop shall be made at the nearest crosswalk at the intersection, or at the prolongation of the property line.
Section 16. Display of Unauthorized Signs, Signals or Markings. –
- No person shall maintain or display upon or view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of, of resembles an official traffic control device or sign or signal, or which hides from view of interferes with the effectiveness of any official control device, sign or signal, and no person shall place or maintain nor shall any public authority permit, upon any highway any traffic sign or signal to have thereon any commercial advertising. This shall not be deemed to prohibit the direction upon private property adjacent to highways of signs giving the useful directional information of a type that cannot be mistaken of official signs, signals or other traffic control devices.
- In additional to the penalties provided for the violation of any of the foregoing provisions, every such prohibited sign, signal or marking is hereby declared to be a public nuisance and the Chief of Police is hereby empowered and directed to remove the same or caused it to be removed without notice.
Section 17. No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down or remove any official traffic control device, sign or signal or any inscription, shield or insignia thereon, or any other part thereof.
Section 18. No person shall hang, suspend, place or construct of any billboard, awning, frame, balcony, cornice, or any other projection so as to obstruct the visibility of any traffic sign or signal placed or erected as authorized by law.
Section 19. No person shall erect, or maintain any red or green light or red or green neon signs within 75 feet of any intersection where traffic is controlled by signal lights without first obtaining a written permit from the Office of the City Engineer and the Office of the City Mayor, certifying that such light or at the sign at the specified location does not constitute undue distraction to a vehicle driver acting in obedience to the directions of the traffic signal lights.
Section 20. Traffic Lane Markings. –
- Whenever traffic is controlled by the pavement markings, such markings shall be in accordance with the standard, specification, size, color, location, classification and design set forth and recommended under the latest edition of the Department of Public Works and Highways Manual on Roads Signs and Pavement Markings.
- When a broken line is used for a center or lane line, such a line a guideline and may not be crossed by vehicular traffic unless such movement can be made with safety.
- When a single solid or a double solid line is used for a center or lane line, the line is of regulatory character and is not to be crossed by vehicular traffic except when turning into or out of private driveways or intersecting highways or when directed by a police officer or any other persons authorized to direct, control, or regulate traffic or when such streets are traffic coned to allow additional traffic, lanes at times of emergency or peak traffic hours.
- Whenever a combination of solid and broken lines is used, any solid line appearing in the same lane on which vehicle is traveling shall not be crossed at anytime, except when turning into or out of private driveways or roads, or intersecting streets and highways, and any broken line appearing in the same lane which the vehicle is traveling may be crossed at any time.
- When traffic cones are used by proper authority to temporarily control the flow of traffic in lanes other than those designated by the permanent pavement marking, the lanes designated by the cones shall have the same regulatory effect as the permanent markings.
Section 21. It is unlawful to remove, alter, deface, injure or destroy traffic signs, signals , and equipment in any city street or in any place in the City of General Santos where they are officially installed. It shall be likewise unlawful for any person, except those authorized by the City Engineer’s Office and the City Mayor’s Office, to remove, alter, deface, injure, breakdown or destroy any traffic sign, signal, equipment or any traffic device officially installed in the street of the City of General Santos.
Duties and Rights of Pedestrians
Section 22. Pedestrians shall be subject to traffic control signals at intersections and other signalized crossings, but at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions hereinafter stated.
Section 23. Vehicles to yield right-of-way to pedestrians in crosswalk.-
(a) When traffic control signals are in operation, the driver of a vehicle turning or intending to turn right or left shall likewise yield the right of way to pedestrians lawfully within the crosswalk.
(b) When traffic control signals are not in place or not in operation and traffic is not being directed by a traffic enforcer or police officer, the driver of the vehicle shall yield the right-or-way, slowing down or stopping if necessary, in order to yield to a pedestrian crossing the roadway within the marked or unmarked crosswalk.
(c) Whenever any vehicle is stopped in order to yield the right–of-way to a pedestrian, the driver of any other vehicle approaching from the rear shall not overtake or attempt to pass such stopped vehicle.
Section 24. Restriction on Pedestrians Crossing Roadway.-
(a) No pedestrian shall enter any marked or unmarked crosswalk or part thereof when the pedestrian signal display prohibits crossing or when it is forbidden to do so by traffic signs.
(b) No pedestrian shall cross any roadway within any business district except within a marked or unmarked crosswalk, nor any roadway in any residence district within 200 feet of any intersection except within a marked or unmarked crosswalk at such intersection.
(c) Pedestrian shall move, whenever practicable, upon the right of half of crosswalk.
(d) No person shall enter upon or cross any roadway or portion of any roadway designated by the Council as closed to pedestrian traffic, except within an authorized marked crosswalk. The City Mayor’s Office shall from time to time determine the roadways or portions roadways that are to be closed to pedestrian traffic.
Section 25. – Pedestrian Walking Along Roadways.-
(a) Where sidewalks are provided, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.
(b) Where sidewalks are not provided, any pedestrian walking along and upon a roadway hall, when practicable walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction.
(c) No person shall stand on, walk along, or otherwise occupy any portion of a public street or highway, including the shoulder or sidewalk area, for the purpose of soliciting a free ride (hitch-hiking) from the driver of any vehicle.
Section 26. Loading and Unloading on a Signalized Intersection.-
(a) No person shall board or alight on a vehicle, whether private or public, near the signalized intersection except on the designated loading and unloading area.
(b) No person driving a vehicle whether private or public shall solicit, load or unload passenger while they are queuing at the approach to signalized intersection.
Section 27. It shall be unlawful for any person to cross any main street intersection provided with a pedestrian lane without following the same and without strictly observing traffic rules and regulations for the same in General Santos City.
The prohibition mentioned in the preceding paragraph shall also apply to any person crossing any main street provided with a pedestrian lane without following the same regardless of his/her distance between him/her and designated pedestrian lane.
It shall be prohibited for any vehicle, whether motor or animal-driven, to stop right on the pathway of the pedestrian lane, thereby obstructing the free traffic to pedestrians along the same.
Penalty and Procedure of Arrest
Section 28. Any person violating the provision of the foregoing Sections shall be punished as follows:
|Code||Type of Offense/ Violation||Fines and Penalties|
|Section 8||Disobedience to Official Traffic Control Devices||Php 500.00|
|Section 11||Disobedience to Traffic Control Signals||Php 500.00|
|Section 20||Disobedience to Traffic Lane Markings||Php 500.00|
|Section 5||Erection and Interference with Traffic Control Devices||Php 1,000.00|
|Section 17||Interfering with Official Traffic Control Devices, Signs or Signals||Php 500.00|
|Section 26||Jaywalking||Php 100.00 + seminar|
|Section 18||Obstruction of Visibility Signs near Traffic Signals||Php 500.00|
|Section 25||Pedestrian walking along roadways||Php 100.00 + seminar|
|Section 7||Sirens, Dazzling Lights and Gadgets||Php 500.00 + Confiscation of Gadget|
|Section 16||Unauthorized display of Signs, Signals and Markings||Php 500.00|
|Section 21||Unauthorized Removal or Altering of Traffic Signs, Signals and Equipment installed in any street or any place in the City of General Santos||Php 500.00 or imprisonment of not less than 1 month but not more than 6 months|
|Section 23||Vehicles not yielding right of way to pedestrians||Php 500.00|
|Section 15||Violating Authorized Signs, Signals, or Markings||Php 500.00|
|Section 24||Violating Restrictions on Pedestrian||Php 200.00|
|Section 26||Loading and Unloading on a Signalized Intersection||Php 100.00 + seminar|
Section 29. Except when authorized or directed by law to immediately take a person arrested for a violation of any of the traffic laws before a magistrate, any authorized police officer, upon making an arrest for violation of the Land Transportation Code (RA 4136) shall take the name, address and operator’s license number of the alleged violator and the registered number of the motor vehicle involved and shall issue to him/her in writing a summons or citation, hereinafter described, warning him/her to answer to the charge against him/her at a place and time within 7 days after such arrest.
Section 30. There shall be provided for use by authorized Traffic Enforcers a citation ticket in accordance with an existing Ordinance as a form of summons or citation for use in citing violators of those traffic laws, which do not mandate the physical arrest of such violators.
Section 31. Any person who fails to appear at the place and within the time specified in the summons or citation issued to him/her by an officer upon his/her arrest for any traffic violation is guilty of a misdemeanor regardless of the disposition of the charge of which he/she was originally arrested.
Operation of Vehicles at GSC Airport Without Valid Franchise
Section 1. No person, driver or operator of motor vehicle without valid franchise to operate shall pick-up passenger for a fee at General Santos City International Airport. Likewise, no person, driver or operator shall offer contract of transport to a passenger for a fee inside the arrival area of the airport.
Section 2. Violation of this Ordinance shall be punishable by a fine of P3,000.00 or imprisonment of ten (10) days, or both such fine and imprisonment at the discretion of the Court. If the violator is a corporation, partnership, or cooperative, the president or manager shall be liable thereof.
Where the violator of this Ordinance does not contest his or her apprehension and elect to pay the fine imposed under the preceding paragraph, the enforcement officer shall forthwith issue citation ticket to the person apprehended without resort to the Court. The citation ticket shall state or contain (a.) the name, signature, age and address of the person apprehended, (b.) the material facts obtaining in the commission or omission of the crime defined and penalized under this Ordinance, (c.) the amount of fine which is payable in favor of the City Government of General Santos, and (d.) notice requiring the person apprehended for extra-judicial settlement of his or her violation by paying the prescribed amount of fine at the Office of the City Treasurer within seventy-two (72) hours from issuance thereof, otherwise, appropriate complaint shall be filed against him/her before the court of law.
Regulation on the Manufacture of Motorcycle
Section 1. The manufacture/fabrication of sidecar including general body repair and general repainting of motorcycle sidecar whether for family use, hauling and/or motorcycle-for-hire, including improvised type of sidecar, is prohibited without prior permit from the Motorized Tricycle Franchising and Regulatory Board (MTFRB).
Section 2. The manufacturer/fabricator shall apply for accreditation with the MTFRB. For this purpose, the owner shall secure business permit, the operator should be licensed and the shop should be accredited by the TESDA.
Section 3. The manufacturer/fabricator shall pay an accreditation fee in the amount of P1,500.00 pesos to the City Government for the period of one (1) year, renewable thereafter.
Section 4. The owner of the motorcycle sidecar including other types of sidecar doing business in General Santos City shall apply for registration with the MTFRB and pay a filing fee of P200.00.
Section 5. Each fabricated sidecar shall have a body serial number to be duly assigned by the MTFRB based on the official form incorporating the chassis number and the plate number of the motorcycle and the same shall be attached to the sidecar dash board portion.
Section 6. No fabricated sidecar shall be released to the owner without prior inspection by the MTFRB based on the standard requirements.
Section 7. Standard Requirement. – The fabricator/manufacturer of tricycle sidecar shall comply with the required standards. The ideal tricycle for hire should incorporate all the five (5) design components such as cost, safety, comfort, aesthetics, durability and environment-friendly.
A.1 Standard Specifications for the sidecar of Motorcycle-for-hire.
|Overall Height||50 inches|
|Overall Width (with 3rd wheel)||50 inches|
|Overall Length||66 inches|
|Total Weight||500 kilos (with passengers)|
|Height of floor from Ground||12 inches (0.34 meters)|
|Seating Capacity||accommodate not more than six (6) passengers, 2 passengers at the front seat and 4 passengers at the back seat;|
|Side car tire||rims should be made of an all iron fabricated wheel with 17” oversized “rios”|
|Engine||Four (4) stoke|
|Piston displacement or cylinder of the motorcycle||Average measurement of 125cc|
The most critical factor to follow is the “basic shell”. The “basic shell” is the minimum space that could accommodate two normal adult passengers while seated inside the tricycle of each seat. Enough room should be provided for the head, body width and legs.
- Full weld shall be applied on all metal joints.
- No burrs or sharp protrusions shall be present on the frame and body parts.
- Effective comfortable suspension system (scrap must never be used).
- 18” gauge plain sheet should be used.
- Center wheel bolt should directly connect to side wheel.
- Side wheel shall be covered by “tapaludo”.
- With complete side mirrors, electrical lights such as the signal lights on both sides, brake lights and functional high and low light on the front.
- Ceiling light be placed inside the tricycle for proper illumination.
A.2 Anthropometric-based tricycle for General Santos City-
B. Rights Side View
Right Cross-Side View
C. Left Side View
Cross Front View
E. Rear View
Section 8. Other Types of Sidecar.- The following types of sidecar are allowed to operate in the city provided they fall under these specifications:
A. Family Use or Private – Same body requirement of the motorcycle sidecar but it has a door in the front and back seat and not intended for hire nor for transportation of the general public and strictly for family use only.
B. Hauling tricycle or top down – a motorcycle fitted with sidecar or with a two-wheel center cab purely with drop-siding operated to render cargo-transport service to the general public for a fee.
C. Improvised type of tricycle – a motorcycle centered with two wheels on both sides or known as “Tamsi” bodied with van type, (close or open) used as delivery and hauling for business services.
Section 9. The MTFRB shall have the authority to monitor, inspect all accredited manufacturer/fabricator’s shop to ensure the implementation of this ordinance, and to recommend, approve and disapprove the fabricators/manufacturers.
Section 10. The MTFRB shall formulate the implementing rules and procedures in the implementation of this ordinance.
Section 11. Penalties. – In violation of this Ordinance the offender shall be punished by the following penalties:
1st Offense – a fine of Two Thousand Five Hundred Pesos (P2,500.00);
2nd Offense – a fine of Five Thousand Pesos (P5,000.00);
3rd Offense – cancellation of business permit and closure of the business establishment.
If the violator is a corporation, partnership, or cooperative, the president or manager shall be liable therefor.
If the establishment is a single proprietorship, the owner or proprietor shall be held liable.