regulation of the transportation industry. in the beginning… public service commission air...

Regulation of the Transportation Industry

IN THE BEGINNING…

PUBLIC SERVICE COMMISSION

AIR LAND WATER

•History

•Enabling Law

•Mandate

•Powers and Functions

Prepared by: Vann Allen P. dela Cruz I 2007-78161 I Transpo Class 1st Sem, SY 09-10 I Evening Section

DEPARTMENT of TRANSPORTATION and COMMUNICATION

Ministry of Public Works, Transportation and Communications (MPWTC)

EO 546(1979)

Ministry of Transportation and Communications (MOTC)

Ministry of Public Works and Highways (MPWH)

DEPARTMENT of TRANSPORTATION AND COMMUNICATION

Ministry of Transportation and Communications (MOTC)

EO 125

Sec. 25. In the event of adoption of a new Constitution… the Ministry shall be called…

DEPARTMENT of TRANSPORTATION and COMMUNICATION

The Department of Transportation and Communications (DOTC) is the biggest among the executive departments. It covers road, rail, air, water and communications sectors. To carry out its mandate, it has 14 attached agencies/corporations and 4 line/sectoral offices.

The 4 line/sectoral offices are LTO, LTFRB, PCG and TELOF and the 14 attached agencies are TRB, OTC, MRT3, LRTA, PNR, PPA, CPA, MARINA, MIAA, MCIAA, PADC, PADC, CAB, NTC and the newly created CAAP.


EXECUTIVE ORDER NOS. 125 and 125-A

Reorganizing the Ministry of Transportation and Communications Defining Its Powers and Functions

and for Other Purposes


Sec. 4. Mandate.

The DOTC shall be the primary policy, planning, programming, coordinating, implementing, regulating, and administrative entity of the Executive Branch of the govt. in the promotion, devt. and regulation of dependable and coordinated networks of transportation and communication systems, as well as in the fast, safe, efficient, and reliable postal, transportation and communication services.

xxx


(EO 125-A) Sec. 5. Powers and Functions.

(a)formulate and recommend national policies and guidelines for the preparation and implementation of integrated and comprehensive transportation and communications systems at the national, regional and local levels; (b)establish and administer comprehensive and integrated programs for transportation and communications, xxx call on any agency, corp., or organization xxx to participate and assist in the preparation and implementation of such program; xxx(d) administer and enforce all laws xxx in the field of transportation and communication; xxx(g) issue certificates of public convenience for the operation of public land and rail transportation utilities and services; xxx(l) establish and prescribe rules xxx issuance of CPCs for public land transportation utilities,

such as motor vehicles, trimobiles, and railways;(m) establish and prescribe rules xxx inspection and registration of air and land transportation facilities, such as motor vehicles, trimobiles, and aircrafts;(n) establish and prescribe rules xxx issuance of licenses xxx;(o) establish and prescribe rules xxx enforcement of laws governing transportation xxx;(p) determine, fix and/or prescribe charges and/or rates pertinent to the operation of public air and land transportation utility facilities and services xxx; xxx

AIR LAND WATER


AIR: CAAP and CAB

Air Transportation Office (ATO)

Civil Aeronautics Board(CAB)

Civil Aviation Authority of the Philippines

(CAAP)

EO 125, as amended by EO 125-A RA 776RA 9497 (2008)


Ruben F. Ciron, PhD.Director General


REPUBLIC ACT NO.9497

AN ACT CREATING THE CIVIL AVIATION AUTHORITY OF THE PHILIPPINES,

AUTHORIZING THE APPROPRIATION OF FUNDS THEREFOR, AND FOR OTHER PURPOSES


Section 4.

There is hereby created an independent regulatory body with quasi-judicial and quasi-legislative powers and possessing corporate attributes to be known as the Civil Aviation Authority of the Philippines (CAAP) xxx attached to the Department of Transportation and Communications (DOTC) for the purpose of policy coordination. For this purpose, the existing Air Transportation Office xxx 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 air transportation;

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;

Perform such other powers and functions as may be prescribed by law.

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Civil Aeronautics Board

REPUBLIC ACT NO. 776

An Act To Reorganize The Civil Aeronautics Board

And The Civil Aeronautics Administration, To Provide For The Regulation

of Civil Aeronautics In The Philippines And Authorizing The Appropriation Of Funds Thereof

19


The Civil Aeronautics Board is the agency charged with the power to regulate the economic aspect of air transportation in the Philippines and shall have the general supervision and regulation of, and jurisdiction and control over, air carriers as well as their property, property rights, equipment, facilities, and franchise, insofar as may be necessary for the purpose of carrying out the provisions of Republic Act 776.

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FUNCTIONS1. Licensing of domestic and international airlines, the latter with the approval of the President (CPCN and TOP)2. Regulation of fares and rates for the carriage of persons and property;3. Enforcement of the economic provisions of R.A. 776;4. Authorization of navigation of foreign aircraft in the Philippines;5. Participation in the negotiation of air agreements covering exchange of air rights;6. Approval or disapproval of mergers, consolidations, interlocking relationship and inter-airline agreements;7. Regulation of air accounting practices and development of air carrier reporting system;8. Maintenance of public records of tariffs, schedules and other materials required to be filed by air carriers;9. Assure protection of the public by requiring the performance of safe and adequate air service, eliminating rate discrimination, unfair competition and deceptive practices in air transportation;10. Suggest corrective measures to improve safety in air commerce; and11. Adjudication of appeal from safety enforcement decision of the Civil Aeronautics Board.

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Section 11.

A CPCN is a permit issued by the Board authorizing a person to engage in air commerce and/or air transportation, foreign and/or domestic.

Any permit may be altered, amended, modified, suspended, canceled and revoked by the Board xxx whenever the Board finds such action to be in the public interest.

There shall be attached to the exercise of the privileges xxx such reasonable terms, conditions, or limitations as, in the judgment of the Board, the public interest may require.

Land Transportation Commission

EO 125 and 125-A (1987)EO 202 (1987)

LAND: LTO and LTFRB

Land Transportation Office (LTO)

Land Transportation Franchising and Regulatory Board

(LTFRB)

23

Land Transportation Office

Assistant Secretary Arturo C. Lomibao

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Land Transportation Office

MAIN FUNCTIONS

1. Inspection and Registration of Motor Vehicles2. Issuance of Licenses and Permits3. Enforcement of Land Transportation Rules and Regulations4. Adjudication of Traffic Cases5. Collection of Revenues for the Government

25


• Evolution of LTFRB

Coastwise Rate Comm. (1906)

Supervising Railway Office(1907)

Board of Public Utility Commissioner

(1913)Public U

tilities C

om

missio

n

(19

14

)

Public S

erv

ice C

om

missio

n(1

92

6)

Specia

lized R

egula

tory

Board

s (19

72

)

Board

of T

ransp

orta

tion

(19

79

)

Land T

ransp

orta

tion C

om

m.

(19

85

)

Land T

ransp

orta

tion Fra

nch

ising

& R

egula

tory

Board

(19

87

)Land Transportation Franchising

& Regulatory Board (2005)

The Land Transportation Franchising and Regulatory Board (LTFRB) is the agency created by virtue of Exec. Order No. 202, series of 1987, under the Department of Transportation and Communications (DOTC), which handles the issuance of authority to any entity (corporate or individual) wishing to engage in public land-based transportation service.



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LTFRB MISSION

Ensure that the commuting public has adequate, safe, convenient, environment-friendly and dependable public land transportation services at reasonable rates through the implementation of land-based transportation policies, programs, and projects responsive to an investment-led and demand-driven industry.

LTFRB MANDATE

To promulgate, administer, enforce, and monitor compliance of policies, laws, and regulations of public land transportation services.


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EO 202Sec.5. Powers and functions:

a. prescribe and regulate routes of service, xxx zones or areas of operation of public land transportation services provided by motorized vehicles xxx;b. issue, amend, revise, suspend or cancel CPCs or permits authorizing

the operation of public land transportation services provided by motorized vehicles xxx;

c. determine, prescribe, 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;xxxk. formulate, promulgate, administer, implement and enforce rules and regulations on land transportation public utilitiesxxx

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Administrative Code of 1987Title XV

Sec. 15. The quasi-judicial powers and functions with respect to land transportation shall be exercised through the Land Transportation and Regulatory Board.

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LTFRB BOARD

Exec. Director

Admin Finance Finance MID Legal

Personnel

Gen. Svcs

Equipment & Sup

Adm. Records

Budget & Fin.

Accounting Svc

Receipt Custody

Mgt. Budget Svc

DFES

Assessment Svc

Issuance of SP

Evaluation & Analysis

Planning Devt

Records Mgt

Computer Svcs

Confirmation Svcs

Hearing of Cases

Legal Researchers

Adm. Legal Res.

Adjudication & Lit.

Table of Organization

LTFRB Information System and Its Environment

ORGANIZATIONAL PROFILE

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WATER: MARINA

33

Presidential Decree No. 474

Providing For The Reorganization Of Maritime Functions In The Philippines, Creating The

Maritime Industry Authority,And For Other Purposes

34

PD 474

1. Adopt and implement a practicable and coordinated Maritime Industry Development Program (MIDP) which shall include among others:

• The early replacement of obsolescent and uneconomic vessels;• Modernization and expansion of the Philippine merchant fleet;• Enhancement of domestic capability for shipbuilding, repair and maintenance; and• Development of a reservoir of trained manpower.

2. Provide and help provide the necessary:

• Financial assistance to the industry thru public/private financial institutions and instrumentalities;• Technological assistance; and• Favorable climate for expansion of domestic and foreign investments in shipping enterprises.

3. Provide for the effective supervision, regulation and rationalization of the organizational management, ownership and operations of all water transport utilities and other maritime enterprises.

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Promotional & Developmental Functions

Formulates and adopt plans, programs, policies, rules and regulations for the promotion and development of the Philippine maritime industry; Promotes the

competitiveness of the Philippine maritime industry in the local and global market;

Promotes and facilitates investment opportunities in the maritime industry;

Implements and enforces international conventions and national maritime laws, rules and regulations and standards on safety, security, training, service, among

others;

Provides effective transparent and efficient delivery of public service that includes, but not limited to, further streamlining of application procedures and

requirements, rationalized standard processing time, and formulation, adoption and implementation of an information technology strategy pursuant to the e-

commerce law.

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Supervisory/Regulatory Functions

Controls, regulates and supervises Philippine-registered overseas and domestic ships, maritime manpower, shipyards and other maritime entities through the evaluation/processing of applications covering the four (4) major maritime sectors, namely:

(a) domestic shipping sector, including maritime safety, (b) overseas shipping sector, (c) maritime manpower sector and (d) shipbuilding ang ship repair sector.

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MOA MARINA (First Party) and PCG (Second Party)

Chapter 1PURPOSEThe purpose of the Agreement is: a.) to authorize the Second Party to perform ship safety inspection services in behalf of the First Party; b.) for both parties to define the coverage, terms, conditions and requirements of such authorization; c.) to authorize the Second Party to issue-Special Permit to carry dangerous cargoes/goods; d.) to assist the First Party to perform enforcement activities; and e.) to provide administrative proceeding for marine casualty or incident.

AIR LAND WATER

SUMMARY

AIR LAND WATER

SUMMARY

Regulate OPERATIONS

Regulate ECONOMIC ASPECTS

* With the PCG regulating some

areas of operations as per MOA


Thank YouPrepared by: Vann Allen P. dela Cruz I 2007-78161 I Transpo Class 1st Sem, SY 09-10 I Evening Section

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