The Confederation of Truckers Association of the Philippines, Inc. (CTAP) will ask the Department of Public Works and Highways (DPWH) to permanently suspend the enforcement, under the Anti-Overloading Law, of the maximum allowable gross vehicle weight (MAGVW) for trucks with codes 12-2 and 12-3.
CTAP chairman Ruperto Bayocot told PortCalls the group will be writing DPWH about the expiration on December 31, 2018 of the moratorium on the enforcement of MAGVW for codes 12-2 and 12-3.
Expected to end on June 30, 2018, the moratorium on trucks coded 12-2 and 12-3 has been continuously extended since 2013 on repeated requests from truckers. CTAP has also been continuously asking DPWH to extend the moratorium, or to amend the revised implementing rules and regulations (IRR) of Republic Act (RA) No. 8794 (An Act Imposing a Motor Vehicle User’s Charge on Owners of all Types of Motor Vehicles and for Other Purposes) in order to increase the MAGVW of truck codes 12-2 and 12-3, the two most commonly used cargo truck types in the Philippines.
DPWH in a statement last August said it expects truckers to finally comply with the MAGVW by 2019.
In a draft letter, CTAP reiterated that even if truckers were given an indefinite period to comply with the prescribed MAGVW under the law’s revised IRR, “there would not be any transport equipment anywhere in the world that will satisfy the gross vehicle weight of 41,500 kilograms for 12-2 and 42,000 kg for 12-3.”
Code 12-2 trucks are semi-trailers with three axles on the towing trucks and two axles on the trailer, for a total of 18 wheels, while trucks with the 12-3 configuration are semi-trailers with three axles on the towing vehicle and three axles on the trailer, for a total of 22 wheels.
In a position paper submitted to DPWH in 2017, CTAP explained that the average weight of containers arriving in the Philippines is already around 30,000 kg to 36,000 kg, which means that if the minimum weight is added to the tare weight of the tractor head and trailer, which averages 15,000 kg, the total weight would be 43,500 kg–an automatic violation of the law.
CTAP noted that to comply with the MAGVW, “we would need a truck and trailer with a tare weight of around 10,000 kg to 11,500 kg, which would be impossible since the average tare weight of such is 15,000 kg for code 12-2 and 16,000 kg for code 12-3.”
In its draft letter, CTAP proposed that instead of enforcing the MAGVW, DPWH should use the requirement of 13.5 tons per axle as the sole basis for the weight limit of trucks “as this is already the norm among compliant truckers.”
CTAP noted that the 13.5 tons per axle basis “will not cripple the economy” unlike the MAGVW “that will prevent most truckers [from pulling] out containers from the ports because they will be automatically cited for overloading.”
In a meeting called by the Export Development Council-Networking Committee on Transport and Logistics on November 23, truckers noted that currently, they are being apprehended for anti-overloading based on two reasons: MAGVW, which is under the revised IRR, and the 13.5 tons per axle, which is stated under the law. Truckers during the meeting said they prefer the basis of 13.5 tons per axle, which is already under the law, and which they can comply with.
Under Section 6 (Penalty for Overloading) of RA 8794, “An amount equivalent to twenty five percent (25%) of the MVUC [Motor Vehicle User’s Charge] shall be imposed on trucks and trailers for loading beyond their prescribed gross vehicle weight: provided, That no axle load shall exceed thirteen thousand five hundred kilograms(13,500 kgs).” – Roumina Pablo