2008 O - 22 - IMPLEMENTING TRUCK BAN WITHIN THE MAJOR THOROUGHFARES, STREETS & BRIDGES OF OLONGAPO CITY OTHERWISE KNOWN AS THE OLONGAPO CITY TRUCK BAN

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON APRIL 10, 2008 AT THE CITY HALL.

PRESENT:

Hon. Cynthia G. Cajudo - - - - - - - - - - - - - - - - - - City Vice-Mayor & Presiding Officer

Hon. Gina Gulanes-Perez - - - - - - - - - - - - - - - - City Councilor
Hon. John Carlos G. Delos Reyes - - - - - - - - - - - - “ “
Hon. Rodel S. Cerezo - - - - - - - - - - - - - - - - - - - - “ “
Hon. Sarah Lugerna Lipumano-Garcia- - - - - - - - - “ “
Hon. Edwin J. Piano - - - - - - - - - - - - - - - - - - - - - “ “
Hon. Angelito W. Baloy - - - - - - - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - - - - - - “ “
Hon. Elena C. Dabu - - - - - - - - - - - - - - - - - - - - - “ “
Hon. Cheenee F. Hoya - - - - - - - - - - - - - - - - - - - - SK Federation President
Hon. Carlito A. Baloy- - - - - - - - - - - - - - - - - - - - - President, Liga ng mga Barangay

ABSENT:

Hon. Aquilino Y. Cortez, Jr. - - - - - - - - - - - - - - - - City Councilor
(On Official Business)

WHEREAS, the City of Olongapo is experiencing a growing traffic problem along its major thoroughfares, streets and bridges as a result of the heightened economic activity in Olongapo City, the Subic Bay Freeport Zone, the province of Zambales and the opening of the Subic, Clark, Tarlac Expressway;

WHEREAS, cargo trucks, heavy vehicles, fuel tankers, cement bulk carriers, long-bed trailers, container vans and other types of heavy and long vehicles pass, travel, enter and traverse Rizal Avenue and Magsaysay Drive even during rush hours thereby adding to traffic congestion owing to the size and weight of these vehicles;

WHEREAS, this type of vehicles also poses danger to the general public especially loaded fuel and liquid tankers that carry flammable, volatile and combustible materials as it passes thru highly concentrated area like the Olongapo Public Market, Olongapo City Hall and the Olongapo City Elementary School; WHEREAS, this type of vehicles considering their weight, size and heavy load contribute to the gradual deterioration of our roads, streets and bridges;

WHEREAS, this type of vehicles should enter and use the Subic Freeport Expressway and SBMA Kalaklan Lighthouse bridge during day time if they are going to Manila and Zambales thus avoiding the confined roads and streets of Olongapo City, in order to reduce traffic congestion;

WHEREAS, the attached recommendation of the Office of Traffic Management and Public Safety shall be the coverage of this experimental truck ban;

NOW, THEREFORE, on motion of Councilor Rodel S. Cerezo co-sponsored by Councilor Aquilino Y. Cortez, Jr. with the unanimous accord of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, enact the following Ordinance:

ORDINANCE NO. 22
(Series of 2008)

AN ORDINANCE IMPLEMENTING TRUCK BAN WITHIN THE MAJOR THOROUGHFARES, STREETS & BRIDGES OF OLONGAPO CITY OTHERWISE KNOWN AS THE OLONGAPO CITY TRUCK BAN

BE IT ORDAINED, BY THE SANGGUNIANG PANLUNGSOD IN SESSION ASSEMBLED, THAT:

SECTION 1. Implementing guidelines of the truck ban within the major thoroughfares and streets of Olongapo City be established.

a. Coverage - The banned type of cargo trucks and vehicles as defined in the pertinent provisions and Implementing Rules and Regulations of RA 4136, otherwise known as the Land Transportation Act of the Philippines, the term “cargo trucks” refers to vehicles having a gross capacity weight of over 4,500 kilograms and are motor vehicles principally intended for carrying cargo which includes the following:

· Cargo Trucks
· Lorries
· Fuel Tankers
· Liquid Carriers
· LPG / LNG Tankers
· Cement Bulk Carriers
· Long-Bed Trailers
· 10 Footer Container Vans and Head/Tractor
· 20 Footer Container Vans and Head/Tractor
· 40 Footer Container Vans and Head/Tractor
· Any size / length Container Vans and Head
· Heavy Equipment like Dump Trucks, Payloaders, Cranes, etc.
· Cargo trucks and vehicles with more than 6 wheels
· And any other vehicles having gross capacity weight of over 4,500 kilograms.

b. Banned Hours & Days – The banned hours and days would be from:

· 7:00 a.m. to 7:00 p.m. (banned)
· 7:01 p.m. to 6:59 a.m. (allowed)
· Monday to Friday

c. Banned Roads, Streets & Bridges – The banned type of vehicles are prohibited from traversing, using and traveling along the following roads, streets, bridges and avenue during the prescribed hours and days:

· Starting from the boundary marker of Olongapo City and Municipality of Dinalupihan, Province of Bataan, via Gapan-San Fernando-Olongapo Road (Zig-Zag Road)
· Starting from the boundary marker of Olongapo City and Municipality of Subic, Zambales.
· Rizal Avenue to Magsaysay Drive to Magsaysay Bridge (SBMA Main Gate) and vice versa
· Rizal Avenue up to Rizal Bridge (James L. Gordon Memorial Hospital ) and vice versa.
· Magsaysay Drive corner Gordon Avenue up to Elicano St. corner 20th St. East Bajac Bajac.
· Rizal Avenue from Caltex Gas Station via Pepsi Sta. Rita, to Filtration up to Otero Avenue, Mabayuan and vice versa.
· Rizal Avenue from Ulo ng Apo Rotonda via Olongapo Kalaklan Bridge thru the National Highway Kalaklan up to the boundary marker of Olongapo City and Municipality of Subic, and vice versa.
· Cargo trucks and heavy vehicles are absolutely prohibited from entering and exiting thru the SBMA Main Gate & Rizal Avenue Bridge via Ramon Magsaysay Drive, Perimeter Road and Rizal Avenue.

SECTION 2. Recommendations in the event cargo trucks carrying white sand/lahar from Zambales are allowed to enter Olongapo City on the way to Subic Bay Freeport Zone be carried out as additional guidelines thereof.

A. Recommendations / additional guidelines

Dump trucks must follow certain hours that it could enter/pass Olongapo City
Dump trucks contracted in hauling white sand/lahar must be registered with the OTMPS, submitting copies of vehicle registration papers, photocopy of driver’s license, photocopy of valid ID of helper. Registration fee will be imposed so as to cover for material cost especially signs and other traffic gears and paraphernalia.
Dump trucks must have body no. painted and shown prominently as designated by the OMTPS for proper identification.
Dump trucks must have cover over its cargo of white sand/lahar so as to prevent it from being blown or spilling to the streets of Olongapo.
Contractor of the hauling project must deploy its own street sweeper so as to constantly sweep and collect blown white sand/lahar and the minute dust particles of the cargo.
Dump trucks must observe speed limit when traveling in Olongapo, as recommended by the OTMPS.
Impose fees on the passage of dump trucks so as to cover for Olongapo City’s cost in maintenance of road and bridges condition, manpower and material costs used to monitor traffic and movement of dump trucks, maintaining sanitation and cleanliness of the streets most especially white sand/lahar and minute dust particles.
Contractor(s) of the hauling contract must submit pertinent documents like DTI registration, SEC papers, list of company officials, valid ID, etc with the Mayor’s Office. This to ascertain identity of owners if claims or criminal cases are to be filed against contractor(s) for damages to government property and accident claims by individuals and or companies.

B. Closure of SBMA Kalaklan Bridge & Ban of Cargo Trucks Carrying White Sand/Lahar From Zambales – The closure of the SBMA Kalaklan Bridge to cargo trucks and heavy vehicles, including the dump trucks carrying white sand/lahar from Zambales resulted in the diversion of the above vehicles to Olongapo City’s roads and bridges. The hundreds of trucks expected to pass Olongapo would result in the following:

1. Hasten the deterioration of the City’s roads and bridges,
2. Add to further traffic congestion,
3. Increase chances of traffic accidents
4. Fine lahar sand will contribute to the pollution of the streets and eventually pose serious health risk, especially respiratory problems.

In the absence of measures to prevent such adverse effects on the City’s roads and bridges, mitigate traffic congestion and lack of health safeguards, OTMPS will enforce a total ban on this dump trucks and any other vehicles that have cargo of white sand/lahar from entering, traveling, passing and traversing in all of Olongapo’s roads, streets and bridges. The ban on cargo trucks carrying white sand/lahar from Zambales will be for an indefinite period until plans, programs and measures have been taken to satisfactorily allay the fears, prevent the adverse effects and assure the health, safety and welfare of the people of Olongapo.

SECTION 3. Exemption – The following vehicles are exempted from this ban as they are necessary in the performance of public service and delivery of perishable food items and:

· Olongapo City Government trucks and heavy equipment including trucks and vehicles of BFP, ESMO, PUD, Engineering, ambulances, fire trucks, etc. Exempted also are fire trucks, tankers, ambulances and other vehicles of the SBMA in the course of responding to emergencies and crisis.
· Trucks and vehicles carrying food products and other perishable food items are allowed from 8:00 am to 11:00 a.m. and from 2:00 p.m. to 7:59 a.m.. the following day, Monday to Friday, Saturdays, Sundays and Holidays.
· During emergencies, disasters and state of calamity, this ban is lifted in order that vehicles could be used in the delivery of relief goods, ferry and transport evacuees and perform other disaster response and management measures as needed.

SECTION 4. Guideline for Penalties – The following guidelines shall be followed when a trucks or heavy vehicles are duly apprehended for violating the Truck Ban Ordinance:

· The Traffic Enforcement Officer who stops and apprehends a truck ban violator shall inform the Desk Sergeant , Traffic Management Office for proper recording.
· The Apprehending Traffic Officer shall issue Traffic Citation Ticket for the violation committed and will not allow the offending driver and vehicle to proceed to travel unless he paid the corresponding Traffic Citation fine as stipulated:
· First Offense: Fine of P1,500.00
2nd Offense: Fine of P 2,500.00
3rd Offense: Fine of P 5,000.00 and impounding of said vehicle.
· Refusal on the part of the offender to pay the corresponding fine shall be reported and referred to the LTO and Legal Department for legal prosecution.

SECTION 5. Effectivity – This ordinance shall take effect after posting in 3 conspicuous places within the City Hall for 15 days.


APPROVED UNANIMOUSLY, April 10, 2008.


CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer


GINA GULANES - PEREZ JOHN CARLOS G. DELOS REYES
City Councilor City Councilor

RODEL S. CEREZO SARAH LUGERNA LIPUMANO-GARCIA
City Councilor City Councilor

EDWIN J. PIANO ANGELITO W. BALOY
City Councilor City Councilor


AQUILINO Y. CORTEZ, JR ANSELMO A. AQUINO
City Councilor City Councilor
(On Official Business)


ELENA C. DABU CARLITO A. BALOY
City Councilor President, Liga ng mga Barangay


CHEENEE F. HOYA
SK Federation President

ATTEST:

ELFLIDA S. SALMON
Council Secretary

APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.


JAMES GORDON, JR.
City Mayor

ATTEST:

DELFIN A. JUICO, JR.
Secretary to the City Mayor