MMDA Memorandum Circular No. 9, Series of 2010 - Towing and Impounding of Vehicles; Fees.

MMDA Memorandum Circular No. 9, Series of 2010 | Official Gazette of the Republic of the Philippines

REPUBLIKA NG PILIPINAS
TANGGAPAN NG PANGULO
Pangasiwaan sa Pagpapaunlad ng Kalakhang Maynila
(Metropolitan Manila Development Authority)

MEMORANDUM CIRCULAR NO. 9
Series of 2010
Additional guidelines on towing and impounding operations in Metropoitan Manila.

Pursuant to Section 12 of the “Guidelines on Towing and Impounding Operations in Metro Manila” which the Metro Manila Council adopted and approved August 29, 2002, through MMDA Resolution No. 02-33 (as amended by MMDA Resolution No. 02-52) the following additional guidelines are hereby issued.

Section 1. Coverage. All towing companies operating in Metropolitan Manila must apply for accreditation with the Metropolitan Manila Development Authority. Towing trucks or vehicles shall include privately or government owned towing vehicles, with or without public franchises, and those owned/accredited by motor vehicle repair shop, business establishments, transport groups, public utility companies, and private automobile clubs.

Accredited towing companies shall strictly adhere to existing laws and guidelines as mandated in MMDA ORDINANCE NO. 78-03 (as amended by Ordinance No. 03, Series of 1992 (No. 78-03-A), MMDA Regulation No. 96-003, series of 1996, MMDA Regulation No. 03-001. Series of 2003), the guidelines contained in MMDA Resolution No. 02-33 (as amended by MMDA Resolution No. 02-52), and those which are contained in this Memorandum Circular.

Section 2. Standard Color. MMDA Accredited Tow trucks shall have the standard color of “white with blue hood”. The MMDA Accreditation Number, LTO plate number, and the phrase “For complaint, suggestions and inquiries, call MMDA Hotline 136” shall be permanently painted on both sides, front and back bumpers of the tow truck. An authenticated copy of the valid Accreditation Certificates issued by the MMDA shall be kept in the towing vehicles and must be presented whenever required.

Section 3. Impounding Areas. All applicants for accreditation of tow trucks or vehicles shall establish their MMDA approved impounding areas. Otherwise, all impounded vehicles towed by MMDA accredited companies shall be impounded only at the ULTRA Impounding Area.

Impounding areas to be set up by MMDA accredited companies shall be approved by the MMDA prior to its use and the same must be properly insured and have an efficient system to ensure the safety of the towed vehicles. MMDA shall have the authority to conduct inspection of the impounding areas.

Section 4. Towing fees and time of payment. In accordance with the ORDINANCE NO. 78-03, as amended by Ordinance No. 03, Series of 1992 (No. 78-03-A), MMDA Regulation No. 96-003, series of 1996, MMDA Regulation No. 03-001. Series of 2003): the following fees shall be applied:

a) Any operator of public utility motor vehicle or owners of private motor vehicle or owners of private motor vehicle, whether natural or juridical, which shall stall on any public road, street or thoroughfare within Metropolitan Manila shall pay a fine of Two Hundred (P200.00) Pesos. In addition thereto, a standard towing fee shall be collected by both government and private entities subject to the following rates:
TYPE/LOAD OF VEHICLE TOWING FEE
Trucks having gross capacity weight of 4,000 kilos and above P1,200.00 for the first four kms. and P200.00 for every succeeding km. (pt. of reference: impounding area
Cars, jeeps and pick-ups having gross capacity weight of less than 4,000 kilos P800.00 for the first four kms. and P200.00 for every succeeding km. (pt. of reference: impounding area)

b) Any driver who shall illegally park his motor vehicle on any public road, street or thoroughfare in Metro Manila, shall pay a fine of FIVE HUNDRED (P500.00) PESOS. In addition thereto, a standard towing fee shall be collected by both government and private entities subject to the following rates:
Trucks having gross capacity weight of 4,000 kilos and above P1,400.00 for the first four kms. and P400.00 for every succeeding km. (pt. of reference: impounding area)
Cars, jeeps and pick-ups having gross capacity weight of less than 4,000 kilos P1,000.00 for the first four kms. and P400.00 for every succeeding km. (pt. of reference: impounding area)

c) Time of Payment. The fines and towing fees shall be paid within three (3) days from the date the vehicle was towed and impounded. Provided, however, that if the operator or owner of the vehicle fails to pay the fines and/or towing fees within the said period, an impounding fee of P80.00/day shall be imposed. Provided further, that if the vehicle is not redeemed by the operator or owner within a period of one (1) month from the date of apprehension, the same shall be sold at the public auction on the first Monday of the succeeding month. The proceeds of which shall be applied to the accumulated charges (fine, towing and impounding fees) and the excess, if any, shall be returned to the operator or owner.

Section 5. Transitory Provisions. The MMDA Traffic and Transport Management Office (TTMO) shall supervise all towing operations within Metropolitan Manila and shall ensure proper implementation of the guidelines. The TTMO shall immediately conduct the inventory and inspections of all impounding areas owned and/or accredited by the MMDA.

The MMDA TTMO shall likewise coordinate with all local government units of Metropolitan Manila to ensure proper implementation of towing regulations pursuant to MMDA Resolution No. 01-10, series of 2001, entitled “urging the Local Government Units of Metro Manila to Enact an Ordinance Prescribing Uniform Rules and Reglations on Towing and Impounding Operations”.

All currently accredited towing companies shall be given fifteen (15) days to comply with the foregoing requirements.

Section 6. Repealing Clause. All issuances inconsistent with the foregoing are hereby amended or revoked accordingly.

Section 7. Effectivity. This Memorandum Circular shall take effect immediately.


(Sgd.) ATTY. FRANCIS N. TOLENTINO

Chairman

November 19, 2010