PH moratorium on truck overloading prohibition extended anew

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The Philippine Department of Public Works and Highways (DPWH) and Department of Transportation (DOTr) have once again extended for another six months the moratorium on the enforcement of the anti-overloading policy on trucks categorized under codes 12-2 and 12-3.

Public Works Secretary Mark Villar and Transportation Secretary Arthur Tugade both signed the latest extension, stretching the moratorium until December 31, 2017 “as requested by the haulers/truckers concerned to give them more time to acquire additional transport equipment to conform with the latest GVW (gross vehicle weight).”

Set to expire last June 30, the moratorium relating to trucks coded 12-2 and 12-3 has been continuously extended since 2013 on repeated requests from truckers. Code 12-2 trucks are semi-trailers with three axles on the towing trucks and two axles on the trailers; code 12-3 trucks are semi-trailers with three axles on the towing trucks and three axles on the trailer.

READ: PH anti-overloading moratorium on trucks gets another extension

Other truck/trailer codes must follow the current maximum allowable GVW under the anti-overloading policy, DPWH said in a statement.

“With the extension, we expect truck/trailer owners will upgrade their units to comply with the Codes 12-2 and 12-3 to have maximum allowable GVW of 41,500 and 42,000 kilograms respectively before January 1, 2018,” Villar said.

He stressed the importance of strict compliance to the policy, as overloaded vehicles cause early deterioration of roads while also posing a threat to the safety of drivers and other road users.

He noted the downward trend in anti-overloading violations in the last 10 years based on the operation of DPWH weighbridges nationwide.

In 2006, 46% or 174,256 out of 374,763 trucks weighed were found overloaded, whereas in 2016, the percentage went down to 13%, with only 41,620 out of the 311,099 weighed trucks observed to be non-compliant.

The DPWH and the Land Transportation Office (LTO) under the DOTr enforce the anti-overloading law by operating 24/7 weighbridge stations and portable weighing machines at strategic locations along national roads through the Anti Truck Overloading Mobile Enforcement program, and by imposing penalties on overloaded vehicles.

Under the law, overloaded trucks are fined 25% of the amount of their motor vehicle user’s charge (MVUC), applicable to the vehicle at the time of infringement.

The anti-overloading policy is pursuant to the provisions of Republic Act (RA) No. 8794, otherwise known as “An Act Imposing a Motor Vehicle User’s Charge on Owners of all Types of Motor Vehicle and for Other Purposes,” which aims to promote motorist safety and prevent early deterioration of roads from overloading.

The Confederation of Truckers Association of the Philippines (CTAP) has been asking for the extension of the moratorium because up to 90% of trucks servicing the ports are coded 12-2 and 12-3, but these vehicles are not configured to comply with R.A. 8794.

Under this law, the prescribed maximum allowable GVW for code 12-2 trucks is only 41,500 kilograms and for code 12-3 trucks, 42,000 kilos, in effect rendering much of the cargo they carry to be already overloaded.

In a letter last year to DPWH, CTAP proposed weighing the cargo before it leaves the port so trucks wouldn’t have to carry excess weight. CTAP stressed it was imperative to conduct mandatory weighing “within the port premises and the results… honored/recognized” to avoid confusion when carrying out the provisions of R.A. No. 8794 governing trucks coded 12-2 and 12-3.

However, DPWH responded that the letter of then DPWH Secretary Rogelio Singson to the Bureau of Customs dated May 6, 2016 “stating that unless necessary amendments are made to RA 8794 and its IRR (implementing rules and regulations), agencies like DPWH will still continue to perform its mandated functions.”

CTAP chairman Ruperto Bayocot earlier said the group has been requesting DPWH to amend the IRR of the law to increase the maximum allowable GVW for trucks under code 12-2 to 52,000 kilograms, and for trucks under code 12-3 to 57,000 kilos.

Bayocot said the suggested weights are equivalent to the 13.5 tons of allowable weight per axle, which already meets the requirements of R.A. No. 8794. Only the North Luzon Expressway implements the per-axle weighing, while other areas implement the GVW. – Roumina Pablo

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