ILOILO – Overloaded vehicles will be apprehended, announced the Land Transportation Office (LTO) in Region 6. Overloading of passengers and cargo is prohibited by Republic Act 4136 (Land Transportation and Traffic Code).
According to LTO-6 spokesperson Riza Otayde, their central office reiterated an order for the strict enforcement of the prohibition, noting the increasing road mishaps due to overloading.
The prohibition covers private vehicles, public utility jeepneys, motorcycles, tricycles, multicabs, pickups, cargo trucks, etc.
Two sections of the law forbid overloading – Section 32 (Exceeding Registered Capacity, Issuance of Conductor’s License, Validity and Fee) and Section 51 (Hitching to a Vehicle).
The specific prohibitions are the following:
* No person operating any motor vehicle shall allow more passengers or more freight or cargo in his vehicle than its registered carrying capacity.
* No person operating a motor vehicle shall allow any passenger to ride on the cover or top of such vehicle.
* No driver shall allow any person to ride on the running board, step board, or mudguard of his motor vehicle for any purpose while the vehicle is in motion.
* No person shall hang on to, or ride on, the outside or the rear end of any vehicle, and no person on a bicycle, roller skate or other similar device, shall hold fast to or hitch on to any moving vehicle, and no driver shall knowingly permit any person to hang on to or ride, the outside or rear end of his vehicle or allow any person on a bicycle, roller skate or other similar device to hold fast or hitch to his vehicle.
Otayde said LTO-6 teams and deputized policemen would be enforcing the prohibitions.
Under the Land Transportation and Traffic Code, violation of Section 32 has a fine not exceeding P100, while violation of Section 51 has a fine of not less than P25 nor more than P50.
However, Otayde said, a Joint Administrative Order issued in June 2014 by LTO and the Department of Transportation increased the fine to at least P6,000 to discourage violators.
So as not to overload, Otayde said, drivers must follow the authorized seating or cargo capacity of their vehicles.
“Indi naton mapaktan basi maaksidente kag may mautas nga kabuhi bangod lang sa pagpanghingalit naton, so dapat magsunod kita sa laye,” stressed Otayde.
Another law that prohibits overloading is Republic Act 8794 (An Act Imposing a Motor Vehicle User’s Charge on Owners of All Types of Motor Vehicles and for Other Purposes). This law ensures the adequate maintenance of national and provincial roads.
Section 6(Penalty for Overloading) reads: “An amount equivalent to 25 percent of the Motor Vehicle User’s Charge (MVUC) shall be imposed on trucks and trailers for loading beyond their prescribed gross vehicle weight: provided,That no axle load shall exceed 13,5000 kgs.”
The Implementing Rules and Regulations of this law states in detail the penalty for the use of overloaded vehicles.
It reads: “(c) Penalty for Overloading: The Land Transportation Office or its deputized officer shall require the owner of a truck or trailer which is loaded in excess of the maximum allowable gross vehicle weight (GVW) to pay a penalty in the amount equivalent to 25 percent of the MVUC applicable to the vehicle at the time of infringement, provided that the penalty shall be waived for loadings exceeding the GVW by a tolerance of less than five percent, and that no vehicle shall be permitted to proceed on the roadway if either a dual-wheel axle load exceeds 13,500 kg or the vehicle load exceeds 150 percent of the maximum allowable GVW.”
It means the maximum load that a vehicle may carry depends primarily on the vehicle’s maximum allowable gross vehicle weight. The law tolerates load that exceeds less than five percent of the vehicle’s maximum allowable gross weight.
But should the vehicle’s weight exceed the specified tolerance level, the owner of the truck shall be liable for a penalty equivalent to 25 percent of the motor vehicle user’s charge applicable to the vehicle at the time of infringement.
The rate of the motor vehicle user’s charge depends on the type of the vehicle that is specified under Republic Act 8794 through a schedule of rates.
Aside from imposing a fine for overloading vehicles, the law provides that vehicles with dual-wheel axle load exceeding 13,500 kg and those vehicles whose load exceeds 150 percent of the maximum allowable gross vehicle weight shall not be permitted to traverse roadways./PN
