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.Lto R C: Implementing Rules and Regulation

This document outlines rules and regulations for implementing the Road Speed Limiter Act of 2016 in the Philippines. It defines key terms like covered vehicles, speed limiter, and tampering. It mandates the installation of speed limiters on public utility vehicles and other vehicle types like closed vans, haulers, cargo trucks, shuttle services, and tanker trucks. The speed limiters must be tested and certified to limit speeds based on national and local laws.

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Steph G
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0% found this document useful (0 votes)
1K views11 pages

.Lto R C: Implementing Rules and Regulation

This document outlines rules and regulations for implementing the Road Speed Limiter Act of 2016 in the Philippines. It defines key terms like covered vehicles, speed limiter, and tampering. It mandates the installation of speed limiters on public utility vehicles and other vehicle types like closed vans, haulers, cargo trucks, shuttle services, and tanker trucks. The speed limiters must be tested and certified to limit speeds based on national and local laws.

Uploaded by

Steph G
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

... \ ' .,..... ....... ,.. ,...,_,. "r!'-- ,. � •.,. , .,.

,, •• •� �-----

RECORDS & CORRl:St ONDENCE UNI


.LTO RECEJ �1 ·:Jilv-·
8y : ___.--,-..--,.,.,..-.-1-,. .:5
01,1 E: Cf-)�-l!r111,t�: 9 a �1
IMPLEMENTING RULES AND REGULATION {IRR-)\lERAL SERVICE'.:-- r: ,� r:oN __,
_______
REPUBLIC ACT NO. 10916

"AN ACT REQUIRING THE MANDATORY INSTALLATION OF SPEED LIMITER IN


PUBLIC UTILITY AND CERTAIN TYPES OF VEHICLES"

Otherwise known as the


"ROAD SPEED LIMITER ACT OF 2016"

I. INTRODUCTION

Pursuant to Section 8 of Republic Act No. 10916, otherwise known as the "Road
Speed Limiter Act of 2016", the following Implementing Rules and Regulations are
hereby promulgated by the Department of Transportation (DOTr), in coordination with
the Land Transportation Office (LTO), Land Transportation Franchising and Regulatory
Board (LTFRB), Department of Trade and Industry (DTI) and the Department of Science
and Technology (DOST).

· RULE I . - PRELIMINARY PROVISIONS

Section 1. 'Policy.

It is hereby declared the policy of the State to maintain at all times the safety and
protection of the public. Toward this end, it shall pursue a more proactive and
preventive approach to secure the safety of p assengers, and the public in general on
roads and highways. It shall implement measures to safeguard them from any speed -
related road crashes which cause death, injury, and/or damage
.
to properties.
.

Section 2. Coverage..

These Rules shall cover public utility vehicles (PUVs), and certain types of
vehicles such as closed vans, haulers, cargo trucks, shuttle services, tanker trucks, and
such other vehicles as may be identified and included by the Department of
Transportation (DOTr) for purposes of implementing RA No. 10916.

Section 3. Definition of Terms.

Whenever used in these Rules·, the following terms shall refer to:

a. Act refers to Republic Act No. 10916;

b. Certificate of Conformity refers to a document issued by a DTl-accredited


testing facility that states that the speed limiter of the Covered Vehicle has

// IRR RA 10916 / Road Speed limiter.Act of 2016 //


Pase lof7

/r d/;,,� , v::-,
rl
been tested and found to be compliant with the standards and specification
of the DOTr and DTI, and that it has been set to the appropriate speed limit.

c. Closed Van refers to a large motor vehicle, usually with an enclosed cargo
space, designed to carry goods for commercial purposes, or engaged in
services of transporting personal effects;

d. Covered Vehicle refers to any closed van, hauler or cargo truck, PUV,
shuttle service, or tanker truck as defined under this section and such other
vehicles as may hereinafter be determined and included by the Department
of Transportation and Communications, now the Department of
Transportation (DOTr), for the purpose of applying the provisions of this Act;
excluding taxicabs, and public utility jeepneys (PUJs), without prejudice to
the review by the DOTr after one (1) year on the necessity of their inclusion
in the coverage of this Act;

e. Hauler or Cargo Truck refers to a motor vehicle designed for transporting


heavy or oversized loads or cargoes;

f. LEO refers to law enforcement officers or deputized agents of the LTO and
LTFRB to enforce the provisions of this Act;

g. Motor Vehicle refers to any vehicle propelled by any power other than
muscular power using the public. highways or roads, but excepting road
rollers, trolley cars, street sweepers, sprinklers, lawn mowers, bulldozers,
graders, fork-lifts, amphibian trucks, and cranes· if not used on public
highways and vehicles run only on rails or tracks, and tractors, trailers and
traction engines of all kinds used exclusively for agricultural purposes as
defined under R.A. No. 4136 Article II Section 3.a.;

h. Public Roads refer to roads designated by the national government or local


government units as roads for public use such-as, but not limited to, national
highways, provincial roads, city, municipal and barangay streets;
'
i. Public Utility Vehicle (PUV} refers to a motor vehicle considered as a public
transport conveyance or common carrier duly registered with the Land
Transportation Office (LTO) and granted a franchise by the Land
Transportation Franchising and Regulatory Board (LTFRB);

j. Shuttle Service refers to any motor vehicle provided by government or


private company or establishment whether owned or leased from another
entity, to transport its employees to and from the work premises or cl,i.ents
between designated ori9iri and destination and carrying not less than four (4)
passengers;

// IRR RA �0916 / Road Speed Limiter Act of 2016 //


Page 2 of7

?'
1
k. Speed Limit this Act shall follow the speed limit specified under the RA No.
4136, RA No. 2000, and other laws, issuances, or local ordinances;

I. Speed Limiter refers to a device used to· limit the top speed of a vehicle
through the employment of mechanical, electronic or communications
system or the combination of these systems or similar devices capable of
performing the same function and issued a Certificate of Conformity by DOTr
through DTI;

m. Tampering refers to an act of recalibrating, reprogramming, resetting or


reconfiguring a speed limiter installed in any covered vehicle and already
sealed by the LTO after inspection in such a way as to circumvent its
functions or the purposes for which it is intended. The act of calibrating,
reprogramming, resetting or reconfiguring a speed limiter installed in any
covered vehicle without the supervision of LTO or its accredited facility as
required under Section 5 of this Act shall considered tampering. A speed
limiter is presumed to have been tampered if (i) the seal of inspection and
calibration attached by the LTO or its accredited facility is found to be broken
or altered; (ii) a covered vehicle with an installed speed limiter exceeds the
speed limit indicated on its Certificate of Conformity; or iii) a covered vehicle
fails the testing using a system testing unit;

n. Tanker Truck refers to a motor vehicle designated for transporting or


carrying gas, oil or liquid, flammable, combustible, corrosive or hazardous
materials, or substances in bulk such as molasses or water;

o. Temporary Operators Permit (TOP) refers to the receipt issued by an


authorized LTO Officer or LTO deputized law enforcer to an apprehended
driver or operator which serves as temporary license in lieu of the
confiscated license for seventy-two (72) hours from date and time of
apprehension;

p. Testing Facility refers to persons, establishments, or institutions accredited


by the D0Tr, through the DTI, permitted to install, test, and calibrate speed
limiters in accordance with these Rules.

RULE II - COMPLIANCE

Section 4. Mandatory Installation of Speed Limiter. - No covered vehicle,


following· the effectivity of this Act, shall be allowed to run in any road, street or highway
in the Philippines without a standard speed limiter in accordance with the standards and
specifications approved by the D0Tr, provided, that in case of vehicles which are
already registered with any appropriate agency, this requirement shall be complied with
upon the effectivity of this Implementing Rules and Regulations.

// IRR RA 10916 / Road S�ed Limiter Act of 2016 //


Page 3of7
Section 5. Compliance Period. - All covered vehicles shall comply with the
installation of the certified speed limiter device within the following period from effectivity
of this Implementing Rules and Regulations:

a. Within six (6) months - PUVs and shuttle services; and


b. Wrthin one (1) year - all other covered vehicles.

Section 6. No Speed Limiter, No Registration. - No covered vehicle shall be


registered by the LTO, whether for initial or renewal of registration, or issued a franchise
by the LTFRB without the standard speed limiter certified by the DTI, installed and set in
the vehicle in compliance with Section 4 and Section 7 hereof, and without the
certificate of conformity from a DTl-accredited testing facility.

Section 7. Testing. - The testing of speed limiters shall be conducted by accredited


testing facilities every year to ensure that speed limiters are functioning and are set to
the limits provided under Section 3 (k) of these Rules. Upon testing, the accredited
testing facility shall issue a certificate of conformity to the owner of the covered vehicle.
The certificate of conformity shall be presented to the L TO· as a prerequisite to the
annual renewal of registration of Covered Vehicles.

RULE 111 - STANDARDS AND ACCREDITATION

Section 8. Setting of Standard. - The DOTr shall, in accordance with acceptable


international standards, determine the specifications of the speed limiters that may be
allowed to be installed in the covered vehicles. The LTO or a DTI accredited facility shall
supervise and inspect the setting of speed limiter corresponding . to the maximum
allowed in the route plied by a particular covered vehicle.

Section 9. Certification of Speed Limiter. - The pTI, through the Bureau of


Philippine Standards (BPS), shall ensure compliance of the Speed Limiter to the
standard specifications of PNS UNR 89:2016 or equivalent internationally recognized
standard.
'
For this purpose, all manufactured and imported speed limiter device purchased
separately shall be subject to product certification in accordance with the requirements
of BPS' Certification Schemes .

. Section 10. Accreditation. - (a) Accreditation of Manufacturers and Distributors -The


Department of Trade and Industry (DTI) shall accredit persons, establishments, or
institutions producing, manufacturing or distributing speed limiters in accordance with
the specifications and standards as may be determined by the DOTr. For this pui;pose,
the DTI shall issue the necessary certification attesting compliance with such
specifications and standards as a prerequisite for registration.

// IRR RA 10916 / Road Speed Limiter Att of 2016 //


Page 4 of 7
(b) Accreditation of Installers. - The DOTr, through the DTI, shall accredit persons,
establishments, or institutions permitted to install and calibrate speed limiters in
accordance with these Rules. For this purpose, the DOTr shall issue guidelines on
the accreditation of facilities permitted to install speed limiters on covered vehicles.

(c) Accreditation of Testing Facilities - The DOTr, through the DTI, shall accredit
persons, establishments, or institutions authorized to operate speed limiter testing
facilities and issue certificates of conformity in accordance with these Rules. For this
purpose, the DOTr shall issue guidelines on the accreditation of facilities -permitted
to test speed limiters on covered vehicles.

RULE IV - ENFORCEMENT AND ADJUDICATION

Section 11. Inspection of Covered Vehicles Law. - LTO and LTFRB Law
Enforcement Officer (LEO) and its duly deputized agents shall have the authority to
inspect apprehended vehicles for violating traffic rules and regulations and any other
law, for non-compliance with this Act. The LTFRB shall have the authority to inspect and
apprehend covered PUVs committing violations or failing to comply with the provisions
of this Act. Nc:m-installation and tampering of speed limiter shall be liable to the penalty
provisions hereof.

Section 12. Enforcement Procedure. - The driver, upon lawful demand by the LTO
LEO, shall surrender his/her driver's license and present the Certificate of Registration
(CR), current Official Receipt (OR) of registration, and certificate of conformity. In the
event of a violation, the LTO LEO shall immediately impound the vehicle in the
designated impoundment area of the LTO. The impounded vehicle shall only be
released upon payment of fines as provided in the penalty provisions hereof and
installation or recalibration of the tampered speed limiter device.

Section 13. Adjudication. - All apprehensions pursuant to this Act shall be


adjudicated in accordance with L TO and L TFRB Rules and Regulations.

RULE V - FINES ANO PENALTIES

Section 14. Fines I Penalties. -

(a) The driver who operates a motor vehicle covered by this Act or ti1e owner or
operator who allows such driver to operate without the speed limiter herein
required shall pay a fine in the amount of fifty thousand pesos (P50,000.00).
Ji
(b) The same fine shall be imposed upon the driver, owner or operator who operates
or allows a person to operate a motor vehicle with a nonfunctioning or tampered
speed limiter.

// IRR RA 10916 / Road Speed limiter Act of 2016 //


Page S of7
. (c) In addition to the above fines, a suspension of the driver's licer-1se for a period of
one (1) month or franchise of a motor vehicle for a period of three (3) months, as
the case may be, shall .be imposed· upon the offender who commits the
abovementioned violations for the first time.

For the commission of any of the foregoing prohibited acts for the second time, the
driver's license of the offender shall be revoked or the franchise of a vehicle shall
be suspended for a period of six (6) months, as the case may be, in addition tothe
fines herein imposed.

For the subsequent commission of any of the foregoing prohibited acts, the driver's
license of the offender shall be revoked or the franchise of a covered motor vehicle
shall be suspended for a period of one (1) year, as the case may be, in addition to
the fines herein imposed.

The suspension of the franchise of the covered vehicle shall be effective


immediately upon the date of issuance of the order of suspension. Provided, that
period of suspension will subsist if the fine has not been- paid within 1 year from the
order of suspension.

(d) In addition to the foregoing penalties, vehicles operating without a speed limiter or
a malfunctioning or tampered speed limiter shall be impounded immediately and
. shall only be released upon payment of the appropriate fines.

(e) Any person who falsifies a certification document of an accredited facility shall
suffer a penalty of imprisonment of riot less than six (6) months but not more than
three (3) years and a fine of thirty thousand pesos (P30,000.00). The same penalty
shall be imposed upon any person who used such falsified document.

(f) Any person who is found guilty of tampering as defined in this Act shall suffer a
penalty of imprisonment of not less than six (6) months but not more than three (3)
years and a fine of thirty thousand pesos (P30,000.00).

The provision of this section shal! be applied without prejudice to criminal


prosecution or civil action under existing applicable laws.

RULE VI - APPROPRIATION

Section 15. Appropriations. - The initial amount necessary to implement the


provisions of this Act shall be charged against the current year's appropriation of the
DOTr. Thereafter, such sums as may be necessary for the continued implementation ,.,, of
this Act shall be included in the annual General Appropriations Act.

I/ IRR RA 10916 / Road Speed limiter Act of 2016 //


Page 6of7
RULE VII FINAL PROVISIONS

Section 16. Separability Clause. - If any provision of this Act is held invalid or
unconstitutional, other provisions not affected thereby shall continue to be in full force
and effect.

Section 17. Repealing Clause. - All laws, decrees, executive orders or parts thereof
inconsistent with the provisions of this Act are hereby repealed, amended or modified
accordingly.

Section 18. Effectivity. - This Act shall take effect fifteen (15) da ys after its complete
publication in the Official Gazette or in a national newspaper of general circulation.

Approved this ___ day of ______ 2017.

��UR P. TUGADE
. 7 Secretary R.�Y
��en�ofT�orta�n

V2. � 11�::,�:<
er,
Department of Trade and Industry
FORTriNATO T. DE LA PENA
r.
Secretary 'JI'{ 1-1,,
Department of Science and Techhblogy

� _, 1,. "'l
EDGAR . GALVANTE MARTIN B. DE RA Ill
L.fi
Assis nt Secretary Chairman
Land Transportation Office Land Transportation Franchising and
Regulatory Board

// IRR RA 10916 / Road Speed limiter Act of 2016 //


Page 7 of 7
MAIILAMIULLBTIN
T8X NATION'I L&ADlNG H&W•PA.ftll Thursday, April 12, 2018 15

3 6. Upon ovolualion or the llf)eed hmita, d;v,ce. e Cerllftcala or Conloonity shall


bo Issued by the OTI � Acaedlted Tesllng Facility eue,ung to tho dov!ce's
compllMCO With the speciflcollona end standards as 11018<1 (n Item 3 I and
DEPARTMENT ORDER NO. �ooe other requirements provided for In Items 3 2 to 3 4

Til8 said certlllcotlon shall be a prerequlAllo ,n the_reg,strellon or the coveredvehlcie


SUBJECT GUIDELINES ON THE ACCREDITATION OF SPEED LIMITER wllh the LTO.
INSTALlERS ANO TESTING FACILITIES PURSUANT TO
REPUBLIC ACT NO. 101116, OTHERVVJSE KNOWN AS THE.
ROAD SPEED LIMITER ACT OF 201& 4. ACCREDITATION OF SPEED LIMITER DEVICE INSTALLERS

DATE 28 MARCH 2018 4.1. Persons. establishments, or instituuons perm,ned 10 ln�tan and · cal1bra1e
speed limiters on covB<ed vehicles shaff obtain a cert1rica11on r,0(0 the Speed
Limller Olstrlbutor that they are capable of lnstolltng end c&Rbrabng Speed
Umlter Devices in eccoroance with the Speed Llmlfer Manufacturers·
Backg�ound:
requirements.
Republic Acl No.10916 orlhe "Road Speed Uniter ACI of 2016" was enacted as speed­ 1
road relaled occideots beoame prevalent in the counlry. This is conslslenl with the
Technicians: The Speed Limiter OtS1r1bulor shall Issue a Certlf1C&le or
Competency to every qualified technician tndlcatlng tho: a) name ol the
polloy of the State to maintain, et all limes, the proloctlon and safety of Iha publie.
, technician; bl a unique seal number, c) dale of issuance; efl!l d) duration
SpaciOcally, Section -4 of R.A. No. 10916 provides that no covered vehicle shell be of Iha ceniflcatlon.
allowed to run in any road, atree� 01' highway In the Phlllpplnes without the standard
speed Umller In accordance wtlh lhe slenda,ds and speclOcatlons es approved by the /rufa//efion Facilities. · The Speed Limiter Distributor shell tssua a
Department of TratUponalloo (OOTr). Moreover, the Implementing Rules and Certlflcallon staling thal the installation facility hes: a) the required tools
Regulations 01 R.A. No. 10916 directed the OOTr to detennine .the standards and and equ,pment for lnstellallon of SLOs; and b) qualified technicians with
speclficalions of speed llmilers, ,es well as promulgate guidellnes on the acaedltatlon of· valid Cartif1C1Jle or Compalancy.
1acilllles permiNed to Install speedlimiters al)d faeilille• pennlNed to tesl tho same.
4.2. The person, establishment. or institution shall submit to lhe DTt the cmtified
The DOT, Is the agency mandated under E>cecutive Order No. 125-A end Adminlslrallve true copyhes or the fOllowmg:
Ofder No. 202, s&ries of 1987 to administer and enroroa all laws, rules and regulations In
Iha field of transportali<>n. Therefore, the following are the Guidelines on the a. For technicians. the Certificate of Competency
Accreditation or Speed Limiter Installers and Testing FadHllea: and for installalfon faciWlles. the ceruf1C8tlon
required;
1. SCOPE
b. For Sola Proprietorships, Certificela or Business
The Guidelines sha• govern the delannlnad standards and specmcatlons or speed Name Registration r,om OTI;
llmlter davloe, •• w.11 aa the IICC(edltallon of Installers and testing facilities.
c. For corporations/partnerships, Securities encl
Exchange Commission Certificate of Registration,
2, DEFINmON OF TERMS Articles of lncorpornlion/Partnership end By­
laws, and Board Resolution certified by Iha
2.1. Accreditation - Is Iha process by which an authoritative body formally Corporate Sec<etary, specifying the name or the
. recogniz.as U10 competence, Impartiality, and cepablUty of a person. authorii:ed representative who must be an officer
establishment. 01' Institution to cany out specific ac11vlties. such as · of the corporetjon/partnernhlp;
certlficatfon, tasting, calibration and Inspection.
d. For Cooperatives, Cooperative Development
2.2. BPS - Bureau of Philippine Standards Aulholily Certificate and By-Laws, and Board
Resolu1lon, certified by the Cooperative
2 3. Covered vehldll - refers lo any closed van, hauler or cargo INck, PUV, Sec<etary, specifying the name of the aulhor1i:ed
shuttle service, or tanker truck es defined under RA 10916 and such olher
vehicles as may be cletannined and Included by lhe DOTr. representative who must be an officer of Jhe
cooperative;
2.4. OOTr - Department of Transportation
e. BU<eau of Internal Revenue (BIR) Reg,slreJ,on
2.5. DTI - Department of Trede and Industry end Tax Identification Number;

2.6. LTO - Land Transportation Office f. SSS Membership Certificate:

2.7. PNS UNR 88-2016 - Adoptedstandard from UN Rogulatlon No. 89: Uniform g. Audited Financial Statement for the tast two (2)
Provisions Concemtng lhe Approval of: I) Vehicles with regard to limitation or years or e Pre.Opereling f'lnancial Statement .
their maxtmum speed; II) Vehicles with regard to the lnslaliollon of a Speed whichever is app6cable, showing that the owner­
Limiter Device (SLD) of an approved lype: end Ill) Speed UmHeUon Devices appticanl shall ba of r.nanciel capacily to oparate
(SLD).
for at least one (1) year:
2.8. RA 10916 - Road Speed Limiter Act of 2016
h. List of personnel involved In the operations of Iha
2. 9. SLD - refers to a Speed Limitation Devlca Which Is used to limlt the top speed facility with their job descriptions. respons,bd,tles.
of a Vehicle through the employment of mechanlcel, electronic or and qualifications inciud,ng the Certijice1es or
communications system or !he oomblnatlon of t11ese syst.ems or similar Competency or at least three (3) SLD Installers o<
devices capable of performing the same function and .Issued a Cer1111cale of technicians;
Conformity by the OOTr through the DTI
I. Proof or availability or the required toOls end
2.10. Tasting Facility - refers to persons. establishments. or Institutions accredited equipment for 1nslellation or speed limlte,;;
by the DOTr, lhrough Iha OTI, permitted to test speod llmllers In accordance
with these Guidelines. j. Liability Insurance;

k. Certified true copy or Mayor's Pennit;


3. STANDARDS ANO SPECIFlCATIONS
.I. List of aH equipment, induding manual and
3. 1. All speed limlter devices to be Installed In covered vehicies shall conform to
reference materials required for the calibrations
the slandard specifications or PNS UNR 08:2016 or equivalent lntematlonaliy
and tests, manual of the test procedures end
recognized standard. The Dapa:tment or Trade and Industry (DTI) shalt
ensure complience thereof and for this purpose, ii shall accredit persons, personnel;
establishments, or lnstnutlons producing, manufacturing, or distributing speed
limiters. m/rocedure for hendllng complaints:

3.2. All Speed Umller Device Manufaclurer/Dlstnbutors should have Indication on n. location map and layout of the facility; and
Us compabbUlty for.
o. Picture of Iha establishment.
3.2.1. Mechanieal Throtue Linkage Vehlcies; or
3.2.2. Electronic Throttle Linkage Vehicles. 4.3. The DTI. after thorough evaluation, shall then issue the necessary
accreditation documents to the person, establlshment, or lnstilulioo. For this
3.3. Each mOdel of Speed limiter Device shell have a System Test- Unit for purpose, the DTI may seok clarification from the Applieant on the form and
enforcemont purposes, connecteble to en approved test end calibre\ion unit. ·contents of their submitted documents. It may also make Inquiries with any
person, government authority, dienl organization, officer, director, employee
3.4. The persons, astabli$hments, or lnsUtutions shall provide liability Insurance or other agent of any applicant or affiliate of any or these entitles for the
and warranties. purpose of Clarifyjng enr melter included in the submitted documents.
a. ACCREDITATION OF TESTING
'
FACILITIES
0
I

51 Only leattng faotHies which confonn to PNS UNR 89:2016. Ann� 5: Teats
'and Performance Roqulrements shall be �nnttted, 10 test,spood flllliters on
coventd vehtclos.
' , , , I , (' •

5.2. The testing fad�ies snail submit the folloW!ng minimum requirements to the
DTI ror �oc:r'fldjtetion:

a. For Sole Propnei�hlps. Certlfacate of


Business Name ReglstraUon from DTI;

b. For corporatlons/partnerslllps, Securilles and


Exchange Commlsslor Certificate . of
Registration, . Artides of
Incorporation/Partnership and By-Laws, and
Board Resolution certified by the Corporate'
Seeretar;, specifying the name of the
authorized. representative who must be an
ofllcer of the COfJ)O(e�on/partnership;

c. For Cooperatives, Cooperative Development


Authority Certificate end By,LBWS, and Board'
Resolullon, certified by th& Cooperative
Secrata!)", specifying the . neme of the
authortzed. representative who must be an
omcer of t�e cooperatlv�;

d. Bureau of Internal Revenue (BIR) Registration


and Tax ldentlftcati�n Number;

e. SSS Membershlp,Cartiftcate;

f. Audited flnanclal Statement for the last two


(2} yean1 or a ' Pre-Operating Fmancial
Statement. whicheve_r Is applicable, show1ng
that th& owner-applicant Shall be of financial
capacity to operate for et least one ( 1) year;

g. · List of personnel involved in the operations of


the facmty with their job descriptions,
nispomlbll!tles, end quaUflcallons including at .
least thr'ee (3) · technicians with valid
Certil'icat&S of Competency from th& tesUng
,, · machine manufecturer IC> operate the testing
··machine and conduel other . testing
�ures;
.,'
v h. Proof that the pn:,c,e<U'8 for testing complies
with PNS UNR 89:2016, Annex 6: Tests and
·Portormance 'Requlfomonte or equivalent
inlama11oneRy r&alQn!Zecl tlBndafd,

I. List of all equipment.' Including manuet and


reference materials required for the deVX:e
t'_.testing; · • ·

j. liability Insurance:

k. Certffle<I true copy of MeyOt'a Permrt,

I. Pt0eedure for handling compfa1nts:

m. (�ion map and 'layout of the fecil1ty, and

/,'
n. Picture of the testtng facility. ,· t
' ' .
l fi.3. The DTI, · after thorough evaluation, shall1 then issue the necessary
,' ,, aCQ'edilatlon.documents to the person, establlshmenl or iost1tu1ion I For this
purpose, ltle on may seek darfficalion from tho Applicant on the form and
cootents of their submitted documents. It mey· atso make Inquiries wdh any
person, government authonty, client organization, officer, dltector. e'mplOyee
or other agent of ·any applicant or effilate of any of these entities for the
purpose of clarifying any mattef ineluded in the submit1ed documents.

8. AMENDMENTS
. ' '

Nochlng In these Guidelines shall be construed u precluding the OOTr end DTI from
mutually agreeing to modify and/or amend Che requlremeots herein provided.

,,
' ,,,

•';'
14 Thursday, April 12, 2018
IMPLEMENTING RULES AND REGULATIONS (IRR) i. P ublic Utility Vehicle (PUV) refers to a motor vehicle considered as a public
· REPUBLIC ACT NO. 10916 transport conveyance or common carrier duly registered with the Land
Transportation Office (LTO) and granted a franchise by the Land
"AN ACT REQUIRING THE MANDATORY INSTALLATION OF SPEED LIMITER IN Transportation Franchising and Regulatory Board (LTFRB);
_
PUBLIC UTILITY AND CERTAIN TYPES OF VEHICLES'
J. Shuttle Service refers to any motor vehicle provided by government or
. Otherwise known as the private company or establishment whether owned or leased from another
"ROAD SPEED LIMITER ACT OF 2016" entity; to transport its employees to and from the work premises or clients
between designated origin and destination and carrying not less than four (4)
passengers;
I. INTRODUCTION
k. Speed Limit this Act shall follow the speed limit specified under the RA No.
Purs�ant to Section 8 of Republic Act No. 10916, otherwise known as the "Road 4136, RA No. 2000, and other laws, issuances, or local ordinances;
Speed L1m1ter Act of 2016", the following Implementing Rules and Regulations are
hereby promulgated �y the Department of Transportation (DOTr), in coordination with I. Speed Limiter refers to a device used to limit the top speed of a vehicle
the Land Transportalion Office (LTO), Land Transportation Franchising and Regulatory through the employment of mechanical, electronic or communications
Board (LTFRB), Department of Trade and Industry (DTI) and the Department of Science system or the combination of these systems or similar devices capable of
and Technology {DOST). performing the same function and issued a Certificate of Conformity by DOTr
through DTI;

RULE I � PRELIMINARY PROVISIONS m. Tampering refers to an act of recalibrating; reprogramming, resetting or


reconfiguring a speed limiter installed in any covered vehicle and already
Section 1. Policy. sealed by the LTO after inspection in such a way as to circumvent its
functions or the purposes for which it is intended. The act of calibrating,
reprogramming, resetting or reconfiguring a speed limiter installed in any
\t is hereby decla.red the policy of the State to maintain at all times the safety and
protect1 ?n of the public. Toward this end, it shall pursue a more proactive and covered vehicle without the supervision of LTO or its accredited facility as
preventive approach to secure the safety of passengers, and the public in general on required under Section 5 of this Act shall considered tampering. A speed
roads and highways. It shall implement measures to safeguard them from any speed • limiter is presumed to have been tampered if (i) the seal of inspection and
related road crashes which cause death, Injury, and/or damage to properties. calibration attached by the LTO or its accredited facility is found to be broken
or altered; (ii) a covered vehicle with an installed speed limiter exceeds the
Section 2. Coverage. speed limit indicated on its Certificate of Conformity; or iii) a covered vehicle
fails the testing using a system testing unit;
These Rules shall cover public �tility vehicles (PUVs), and certain types of
. n. Tanker Truck refers to a motor vehicle designated for transporting or
vehicles su<:!1 as closed vans, haulers, cargo trucks, shuttle services, tanker trucks, and
. carrying gas, oil or liquid, flammable, combustible, corrosive or hazardous
such other vehicles as may be identified and included by the Department of
_ materials, or substances in bulk such as molasses or water:
Transportation (DOTr) for purposes of implementing RA No. 10916.

· Section 3. Definition of Terms. o. Temporary Operators Permit {TOP) refers to the receipt issued by an
authorized LTO Officer or LTO deputized law enforcer to an apprehended
Whenever used in these Rules, the following terms shall refer to: driver or operator which serves as temporary license in lieu of the
confiscated license for seventy-two (72) hours from date and lime of
a. Act refers to Republic Act No. 10916; apprehension;

b. Certificate of Conformity refers to a document issued by a DTl-accredited p. Testing Facility refers to persons, establishments, or institutions accredited
_ by the DOTr, through the DTI, permitted to install, test, and calibrate speed
testing facility that states that the speed limiter of the Covered Vehicle has
been tested and found to be compliant with the standards and specification limiters in accordance with these Rules.
of the DOTr and DTI, and that 11 has been set to the appropriate speed limit.

c. Closed Van refers to a large motor vehicle, usually with an enclosed cargo RULE II - COMPLIANCE
spa�e, designed to carry goods for commercial purposes, or engaged in
services of transporting personal effects; Section 4. Mandatory Installation of Speed Limiter. - No covered vehicle,
following the effectivity of this Act, shall be allowed to run in any road, street or highway
d. Covered Vehicle refers to any closed van, hauler or cargo truck, PUV, in the Philippines without a standard speed limiter in accordance with the standards and
shu � tle service, or tanker truck as defined under this section and such other specifications approved by the DOTr, provided, that in case of vehicles which are
vehicles as may hereinafter be determined and included by the Department already registered with any appropriate agency, this requirement shall be complied with
of Transportation and Communications, now the Department of upon the effectivity of this Implementing Rules and Regulations.
Transportat10� (DOTr). for the purpose of applying the provisions of this Act·
excluding taxicabs, and public utility jeepneys {PUJs), without prejudice t� Section 5. Compliance Period. - All covered vehicles shall comply with t11e
!he review by the DOTr after one (1) year on the necessity of their inclusion installation of the certified ·speed limiter device within the following period from erfectivity
m the coverage of this Act; of this Implementing Rules and Regulations:

e. Hauler or Cargo Truck refers to a motor vehicle designed for transporting a. Within six (6) months - PUVs and shuttle services; and
heavy or oversized loads or cargoes; b. Within one (1) year - all other covered vehicles.

f. LEO refers to law enforcement officers or deputized agents of the LTO and Section s: No Speed Limiter, No Registration. - No covered vehicle shall be
LTFRB to enforce the provisions of this Act; registered by the LTO, whether for initial or renewal of registration, or issued a franchise
by the LTFRB without the standard speed limiter certified by the DTI. installed and se"t in
g. Motor Vehicle refers to any vehicle propelled by any power other than the vehicle in compliance with Section 4 and Section 7 hereof, and without the
muscular power using the public highways or roads, but excepting road certificate of conformity from a DTl-accredited testing facility.
rollers, trolley cars, street sweepers, sprinklers, lawn mowers, bulldozers,
_ _ Section 7. Testing. - The testing of speed limiters shall be conducted by accredited
graders, fork-hfts, amph1b1an trucks, and cranes if not used on public
. testing facilities every year to ensure that speed limiters are functioning and are set to
highways a�d vehicles r�n only on rails or tracks, and tractors, trailers and
traction engines of all kinds used exclusively for agricultural purposes as the limits provided under Section 3 {k) of these Rules. Upon testing, the accredited
defined under R.A. No. 4136 Article II Section 3.a.: testing facility shall issue a certificate of conformity to the owner of the covered vehicle.
The certificate of conformity shall be presented to the LTO as a prerequisite to the
h. Public Roads refer to roads designated by the national government or local annual renewal of registration of Covered Vehicles.
government units as roads for public use such as, but not limited to, national
_
highways, provincial roads, city, municipal and barangay streets;
For the commission of any of the foregoing prohibited acts for the second time, the
RULE 111 - STANDARDS AND ACCREDITATION driver's license of the offender shall be revoked or the franchise of a vehicle shall
be suspended for a period of six (6} months, as the case may be, in addition to the
Section 8. Setting of Standard. - The DOTr shall, in accordance with acceptable fines herein imposed.
I

international standards, determine the specifications of the speed limiters that may be
allowed to be installed in the covered vehicles. The LTO or a DTI accredited facility shall - For the subsequent commission of any of the foregoing prohibited acts, the driver's
supervise and ·inspect the setting of speed limiter corresponding to the maximum license of the offender shall be revokecl or the franchise of a covered motor vehicle
allowed in the route plied by a particular covered vehicle. shall be suspended for a period of one (1) year, as the case may be, in addition to
the fines herein imposed.
Certification of Speed Limiter. - The DTI, through the Bureau of
Philippine Standards (BPS), shall ensure compliance of the Speed Limiter to the The suspension of the franchise of the covered vehicle shall be effective
Section 9.

standard specifications of PNS UNR 89:2016 or equivalent internationally recognized immediately upon the date of issuance of the order of suspension. Provided, that
standard. period of suspension will subsist if the fine has not been paid within 1 year from the
order of suspension.
For this purpose, · all manufactured and imported speed limiter device purchased
separately shall be subject to product certification in accordance with the requirements (d) In addition to the foregoing penalties, vehicles operating without a speed limiter or
of BPS' Certification Schemes. a malfunctioning or tampered speed limiter shall be impounded immediately and
shall only be released upon payment of the apprqpriate fines.
Section 10. Accreditation. - (a) Accreditation of Manufacturers and Distributors -The
Department of Trade and Industry (DTI) shall accredit persons, establishments, or (e) Any person .who falsifies a ,certification document of an accredited facility shall
institutions producing, manufacturing or distributing speed limiters in accordance with suffer a penalty of imprisonment of not less than six (6) months but not more than
the specifications and standards as may be determined by the DOTr. For this purpose, three (3} years and a fine of thirty thousand pesos (P30,000.00). The same penalty
the DTI shall issue the necessary certification attesting compliance with such shall be imposed upon any person who used such falsified document.
specifications and standards as a prerequisite for registration.
(f) Any person who is found guilty of tampering as defined in this Act shall suffer a
penalty of imprisonment of not less than six (6) months but not more than three (3) I
(b) Accreditation of Installers. - The DOTr, through the DTI, shall accredit persons, years and a fin!l of thirty thousand pesos (P30,000.00).
establishments, or institutions permitted to install and calibrate speed limiters in
accordance with these Rules. For this purpose, the D0Tr shall issue guidelines on
I
The provision of this section shal! be applied without prejudice to criminal I
the accreditation of facilities permitted to install speed limiters on covered vehicles. prosecution or civil action under existing applicable laws.
(c) Accreditation of Testing Facilities - The DOTr, through the DTI, shall accredit
persons, establishments, or institutions authorized to operate speed limiter testing RULE VI - APPROPRIATION
1
facilities and issue certificates of conformity in accordance with these Rules. For this
purpose, the DOTr shall issue guidelines on the accreditation of facilities permitted Section 15. Appropriations. - The initial amount necessary lo implement the
to test speed limiters on covered vehicles. provisions of this Act shall be charged against the current year's appropriation of the I
DOTr. Thereafter, such sums as may be necessary for the continued implementation of
this Act shall be included in the annual General Appropriations Act.
RULE IV • ENFORCEMENT AND ADJUDICATION

Section 11. Inspection of Covered Vehicles Law. - LTO and LTFRB Law
Enforcement Officer (LEO) and its duly deputized agents shall have the authority to
RULE VII FINAL PROVISIONS

inspect apprehended vehicles for violating traffic rules and regulations and any other Section 16. Separability Clause. - If any provision of this Act is held invalid or
law, for non-compliance with this Act. The LTFRB shall have the authority to inspect and unconstitutional, other provisions not affected thereby shall continue to be in full force
apprehend covered PUVs committing violations or failing to comply with the provisions and effect.
of this Act. Non-installation and tampering of speed limiter shall be liable to the penalty
provisions hereof. Section 17. Repealing Clause. - All laws, decrees, executive orders or parts thereof
inconsistent with the provisions of this Act are hereby repealed, amended or modified
Section 12. Enforcement Procedure. - The driver, upon lawful demand by the LTO accordingly.
LEO, shall surrender his/her driver's license and present the Certificate of Registration
(CR), current Official Receipt (OR) of registration, and certificate of conformity. In the · Section 18. Effectivity. - This Act shall take effect fifteen (15) days after its complete
event of a violation, the .LTO LEO shall immediately impound the vehicle in the publication in the Official Gazette or in a national newspaper of general circulation.
designated impoundment area of the LTO. The impounded vehicle shall only be
released upon payment of fines as provided in the· penalty provisions hereof and Approved this __ day of _____ 2017.
installation or recalibration of the tampered speed limiter device.

Section 13. Adjudication. - All apprehensions pursuant to this Act shall be


adjudicated in accordance with L TO and LTFRB Rules and Regulations. URP. TUGADE
Secretary f/J/.Y

RULE V FINES AND PENALTIES


Department of Transport�til'n
. k�6 <- � r-1
Section 14. Fines / Penalties. - �
(a) The driver who operates a motor vehicle covered by this Act or the owner or
c__y- ) .� V(r
. p /.. �),
,f'·<.
operator who allows such driver to operate without the speed limiter herein R EZ FORTtATO T. DE LA PENA J?.
required shall pay a fine in the amount of fifty thousand pesos (PS0,000.00). Secretary 'l'1 ,,.-f.. '\'

(b) The same fine shall be imposed upon the driver, owner or operator who operates
Department of Trade and Industry Department of Science and Techliblogy

or allows a person to operate a motor vehicle with a nonfunctioning or tampered


speed limiter. EDGAR jZ. GALVANTE
,�
MA�."' J1)mA111
(c) In addition to the above fines, a suspension of the driver's license for a period of Land Transportation Office Land Transportation Franchising and
Assis/en! Secretary Chai111Jan
one (1) month or franchise of a motor vehicle for a period of three (3) months, as Regulatory Board
the case may be, shall be imposed upon the offender who commits lhe
abovementioned violations for the first time.

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