dotc report

8/8/2019 Dotc Report

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Regulation of theRegulation of theTransportation IndustryTransportation Industry

Donna PatriciaDonna Patricia ManlangitManlangit

IIIIII--E UP College of LawE UP College of Law


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Department ofDepartment of

Transportation andTransportation andCommunicationCommunication

-- Biggest among the executive departmentsBiggest among the executive departments

-- Covers transportation (road, rail, air and water) andCovers transportation (road, rail, air and water) andcommunication sectorscommunication sectors

-- Budget for 2010 is 16 billion out of the 1.541 trillionBudget for 2010 is 16 billion out of the 1.541 trillion

national budgetnational budget


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History

Enabling Law

Mandate

Functions

Structure


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Ministry of Transportation andMinistry of Transportation and

CommunicationCommunication

EO 125 Reorganizing the Ministry ofTransportation and Communications, defining its

powers and functions


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SECTION 4. Mandate.

The Ministry shall be the primary policy,

planning, programming, coordinating,

implementing, regulating, and administrativeentity of the Executive Branch of the

government in the promotion, development

and regulation of dependable and

coordinated networks of transportation and

communication system x x x.

Ministry of Transportation andMinistry of Transportation and



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E0 125-A: Amending Executive Order No. 125

Purpose: to clarify and modify structural and

functional organization of the Department as

provided underExecutive Order No. 125 inorder to ensure compliance with its mandate


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(l) Establish and prescribe rules and regulations forissuance of certificates of public convenience for public

land transportation utilities, such as motor vehicles,

trimobiles and railways;

(m) Establish and prescribe rules and regulations for theinspection and registration of air and land transportation

facilities, such as motor vehicles, trimobiles, railways and

aircrafts;

(n) Establish and prescribe rules and regulations for the

issuance of licenses to qualified motor vehicle drivers,conductors, and airmen;

x x x

(p) Determine, fix and/or prescribe charges and/or rates

pertinent to the operation of public air and land transportation

utility facilities and servicesxxx

Department of Transportation andDepartment of Transportation and



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DOTC StructureDOTC Structure

CivilAviation

Maritime

TransportRoadTransport

CAB

CAAP LTO

LTFRB

MARINA


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Civil Aviation Authority of the PhilippinesCivil Aviation Authority of the Philippines

Law: RA 9497 (2008) Civil Aviation AuthorityAct of the

Philippines

Mandate:

Sec. 4. Creation of the Authority.

There is hereby created an independent regulatory body with

quasi-judicial and quasi-legislative powers andpossessing corporate attributes to be known as the Civil

AviationAuthority of the Philippines (CAAP), attached to the

Department of Transportation and Communications (DOTC)

for the purpose of policy coordination.

For this purpose, the existingAir Transportation Office createdunder the provisions of RepublicAct No. 776, as amended, is

hereby abolished.

.


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Functions:Establish and prescribe rules and regulations for the

inspection and registration of all aircraft owned and

operated in the Philippines and all air facilities;

Establish and prescribe the corresponding rules and

regulations for the enforcement of laws governing airtransportation;

Determine, fix and/or prescribe charges and/or rates

pertinent to the operation of public air utility facilities and

services;

Administer and operate the Civil Aviation Training Center

(CATC);

Operate and maintain national airports, air navigation and

other similar facilities in compliance to ICAO;

Civil Aviation Authority of the PhilippinesCivil Aviation Authority of the Philippines


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RA 776 (As amended by PD No. 1462 & EO No. 217)

AnAct to Reorganize the Civil Aeronautics Board and the

Civil AeronauticsAdministration to provide for the

regulation of Civil Aeronautics in the Philippines

Civil Aeronautics BoardCivil Aeronautics Board


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SECTION 10. Powers and duties of the Board.

(A)The Board shall have the power to regulate the economicaspect of air transportation, and shall have the general

supervision and regulation of, the jurisdiction and control

over, air carriers, general sales agents, cargo sales agents,

and airfreight forwarders as well as their property, property

rights, equipment, facilities, and franchise, in so far as maybe necessary for the purpose of carrying out the provisions

of this Act.

xx x

(C) The Board shall have the following specific powers and

duties:

(1) In accordance with the provisions of Chapter 4 of this Act, to

issue, deny, amend, revise, alter, modify, cancel,

suspend, or revoke, in whole or in part, upon petition or

complaint, or upon its own initiative, any temporary

operating permit or Certificate of Public Convenienceand Necessity;


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(2) To fix and determine reasonable individual, joint or specialrates, charges or fares, which an air carrier may demand,

collect or receive for any service in connection with air

commerce. xxx

SECTION 11. Nature, terms and conditions. - Certificate of

Public Convenience and Necessity is a permit issued by theBoard authorizing a person to engage in air commerce and/or

transportation, foreign and/or domestic. No person shall

engage in air commerce unless there is in force a permit

issued by the Board.

Any permit may be altered, amended, modified, suspended,

canceled or revoked by the Board in whole or in part xxx.



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Civil AviationCivil Aviation

CAAP CAB

RA 9497 abolishing ATO (RA

776)

RA

776

Exercise quasi-judicial and

quasi-legislative powers

Charged with the

operational and technical

phases of air transportation

Vested with the functions

relating to the economic

aspects of air

transportation


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Land Transportation CommissionLand Transportation Commission

EO 125 and 125-A (19

87)EO 202 (1987)

LTO LTFRB


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Land Transportation OfficeLand Transportation Office

Functions:

1. Inspection and Registration of Motor Vehicles

2. Issuance of Licenses and Permits

3. Enforcement of Land Transportation Rules and

Regulations

4. Adjudication of Traffic Cases

5. Collection of Revenues for the Government


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Land Transportation FranchisingLand Transportation Franchising

and Regulatory Boardand Regulatory Board

Administrative Code Title XV, Sec. 15.

The quasi-judicial powers and functions with respectto land transportation shall be exercised through the

Land Transportation and Regulatory Board, hereinafter

referred to as the "Board".


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Land Transportation FranchisingLand Transportation Franchising

and Regulatory Boardand Regulatory Board

EO 202 Sec. 5. Powers and Functions

a. To prescribe and regulate routes of service, economically viable

capacities and zones or areas of operation ofpublic land

transportation services provided by motorized vehicles xxx;

b. To issue, amend, revise, suspend or cancel Certificates of

Public Convenience or permits authorizing the operation of publicland transportation services provided by motorized vehicles, and to

prescribe the appropriate terms and conditions therefor;

c. To determine, prescribe and approve and periodically review and

adjust, reasonable fares, rates and other related charges, relative

to the operation of public land transportation services provided by

motorized vehicles;xxx

j. To fix, impose and collect, and periodically review and adjust,

reasonable fees and other related charges for services rendered;


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Road TransportRoad Transport

LTO LTFRB

EO 125

EO 125-A

EO 202

Revenue collection for the

government

- Issuance of licenses, vehicle

registration and inspection

Quasi-judicial powers and

functions with respect to land

transportation, issuance of

CPCs, regulate fares


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Maritime Industry Authority

Memorandum of Agreement with the PhilippineCoast Guard

The purpose of the Agreement is:

a.) to authorize ship safety inspection

b.) define the coverage, terms, conditions andrequirements of such authorization;

c.) issue-Special Permit to carry dangerous

cargoes/goods;

d.) to render assistance in enforcement activities;

e.) to provide administrative proceeding for marine

casualty or incident.


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Maritime Industry Authority

RepublicAct 9296 Domestic Shipping Act of

2004

- Grants the power and authority to inspect all

vessels to ensure and enforce compliance byevery domestic ship operator with required safety

standards and other rules and regulations on

vessel safety


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2.1 Inspection services - assessment of Philippine-

registered ships engaged in domestic trade in order to

determine the compliance of such ships with applicable

requirements pertaining to ship safety standards.

4.2 Verify compliance with all terms and conditions of the

Certificated of Public Convenience (CPC), or CPC

Exemption

Maritime Industry AuthorityMaritime Industry Authority


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Powers and Functions AIR LAND WATER

Issue CPC for the operation of

public utilities

CAB LTFRB Marina

Inspection and registration of

vehicles

CAAP LTO Marina

Issuance of license to qualified

vehicle driver

CAB LTO Marina

Fix and prescribe charges for

fares

CAB LTFRB Marina

DOTC Powers and FunctionsDOTC Powers and Functions


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Thats all folks!

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