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Regional Meeting on Harmonization of Legal Instruments and Documentation for Cross- Border and Transit Transport by Road Assistant Secretary Dante M. Lantin Department of Transportation & Communications PHILIPPINES 16-17 December 2015 Bangkok, Thailand

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Regional Meeting on Harmonization of Legal Instruments and Documentation for Cross-

Border and Transit Transport by Road

Assistant Secretary Dante M. LantinDepartment of Transportation & Communications

PHILIPPINES

16-17 December 2015Bangkok, Thailand

Philippines’ Profile

• an archipelagic country with 7,107 islands

• Land area: 115,124 sq mi (298,171 sq    km); total area: 115,830 sq mi    (300,000 sq km)

• Three (3) main geographical divisions:  Luzon, Visayas & Mindanao

• Population (2014 est.): 107,668,231 millions

• ESCAP Membership:  28 March 1947

ASEAN Transport Facilitation Agreements

Agreements Date Signed Date RatifiedASEAN Framework Agreement on the Facilitation of Goods in Transit(AFAFGIT)

16 December 1998

20 May 1999

1. Protocol 1 – Designations of Transit Transport Routes and Facilities

08 February 2007 13 November 2007

2. Protocol 2 – Designation of FrontierPosts

The text has been finalized during the 24th ASEAN Directors-General of Customs Meeting – 20-22 May 2015 in Singapore

3. Protocol 3 - Types & Quantity of Road Vehicles

15 September 1999 25 November 1999

4. Protocol 4 - Technical Requirements of Vehicles

15 September 1999 26 November 1999

5. Protocol 5 – ASEAN Scheme ofCompulsory Motor Vehicle Insurance

08 April 2001 22 September 2003

ASEAN Transport Facilitation Agreements

Agreements Date Signed Date Ratified6. Protocol 6 – Railways Borders &

Interchange Stations16 December 2011

Undergoingratification

7. Protocol 7 – Customs Transit Systems

24 February 2015

Undergoingratification

8. Protocol 8 - Sanitary and Phytosanitary Measures

27 October 2000

26 November 2009

9 Protocol 9 – Dangerous Goods 20 September 2002

05 May 2003

ASEAN Framework Agreement on the Facilitation of InterstateTransport (AFAFIST)

10 December 2009

28 November 2012

ASEAN Framework Agreement on Multimodal Transport (AFAMT)

17 November 2005

30 June 2008

ASEAN Transport Facilitation Agreements

Agreements Date Signed Date RatifiedAgreement on the Commercial Vehicle Inspection Certificates for Goods Vehicles and Public Service Vehicles issued by the ASEAN Member Countries

10 September1998

28 June 1999

Agreement on the Recognition of Domestic driving Licenses issued by ASEAN Countries

07 July 1985 02 June 1986

ASEAN Framework Agreement on the Crossborder Transport of Vehicles by Road (CBTP)

Ongoing discussion by the ASEAN Member States for its finalization

BIMP-EAGA Memorandum of Understanding

MOUs Date SignedMOU on the Crossborder Movement of Commercial Buses and Coaches

02 November 2007

MOU on Transit and Interstate Transport of Goods

25 June 2009

Agency ResponsibleThe Land Transportation Office (LTO) under the Department of Transportation and Communications (DOTC) is the government office responsible for the inspection and registration of motor vehicles, issuance of drivers licenses and enforcement of land transportation rules and regulations in the Philippines.

Types of consignment notes used for cross-border and transit transport operations by road; 

• Driver’s license• Vehicle registration permits• Vehicle Technical Inspections Certificates• Valid Passport• Valid Visa

Driver’s License

1. Student-Driver’s Permit

• Minimum age 17 years old• Physically and mentally fit to

operate a motor vehicle• Able to read and write in

Filipino and English• Valid for one (1) year

2. Non-Professional • At least 18 years old• Physically and mentally fit to operate a motor vehicle• Able to read and write in Filipino and English• Not a drug user or alcoholic• Must be clean, neat & presentable• Medical Certificate with Official Receipt (from LTO or other

Government Physician)• Must have passed the written and practical examinations• Valid for three (3) years

3. Professional • At least 18 years old• Physically and mentally fit to

operate a motor vehicle• Not a drug user or alcoholic• Not afflicted with any contagious

disease or epilepsy• Able to read and write in Filipino

and English• Must be clean, neat & presentable• Medical Certificate with Official

Receipt (from LTO or other Government Physician)

• Must have valid Student Permit (at least 5 month old) and Non Pro (4 moth old)

• Must have passed the written and practical examinations

• Valid for three (3) years

Types and Classifications of Motor Vehicles

• Restriction 1  ‐ Motorcycles/motorized tricycles• Restriction 2 ‐ Vehicle up to 4500 KGS GVW• Restriction 3 ‐ Vehicle above 4500 KGS GVW• Restriction 4 ‐ Automatic Clutch up to 4500 KGS GVW• Restriction 5  ‐ Automatic Clutch above 4500 KGS GVW• Restriction 6  ‐ Articulated Vehicle 1600 KGS GVW below• Restriction 7  ‐ Articulated Vehicle 1601 up to 4500 KGS GVW• Restriction 8 ‐ Articulated Vehicle 4501 KGS above GVW• Restrictions 1,2 & 4 ‐ only for non‐professional drivers license

Vehicle Registration Certificates

• Date of Registration• MV File No. • Plate, Chassis & Engine Numbers• No. of Cylinders• Fuel Type• Body Type and Number• Gross weight and net capacity• Year model• Owner’s name, address, contact no.

and signature• Signature of the approving Officer

Vehicle Registration Certificate

No motor vehicles shall be used or operated on or upon any public highway unless the same is properly registered for the current year under one of the following classifications:

• Private passenger automobiles• Private trucks• Private motorcycles, scooters or motor wheel attachments• Public utility automobiles• Public utility trucks• Taxis and auto-calesas• Garage automobiles• Garage trucks• Hire trucks• Trucks owned by contractors and customs brokers and

customs agents

Application for registration under these classifications shall be accompanied by a certificate of public convenience or a special permit and motor vehicles registered shall be subject to the Public Service Law.

Vehicle Technical Inspections Certificates

• MVIR No. • Chassis Number• Motor Number• File Number• Plate No. • Date of Inspection of

the Vehicle• Owner’s name and

address

• The Philippines has signed and ratified the Agreement on the Recognition of Domestic driving Licenses issued by ASEAN Countries

Mutual Recognition of Driving Licenses

Visa Facilitation

The visa policy in the Philippines is governed by Commonwealth Act No. 613, also known as the Philippine Immigration Act and by subsequent legislation amending it. The Act is jointly enforced by the Department of Foreign Affairs (DFA) and the Bureau of Immigration (BI)

Generally, foreign nationals who wish to enter the Philippines require a visa unless:

• He/she is a citizen of a member state of the Association of Southeast Asian Nations (ASEAN)

• He/she is a citizen of a non-ASEAN member state whose nationals are allowed to enter the Philippines visa-free

• He/she is a balikbayan and is only returning to the Philippines temporarily

PH is a signatory of the ASEAN Framework Agreement on Visa Exemption on 25 July 2006

Importation of Vehicles

The importation of privately owned vehicles (POV's) to the Philippines is very restrictive. A special import permit is required. This permit is available only in the Philippines, and can not be issued by an embassy or consulate office.

CUSTOMER MUST BE PRESENT FOR CUSTOMS CLEARANCE

• Only returning Filipino residents and foreign embassy diplomats are allowed to import motor vehicles "Duty Free“

• All motor vehicles must have an Import Authority Permit issued by the Philippine Bureau of Import Service before the vehicle is shipped.

• Owner must have lived abroad for at least one year and car must have been registered in his name at least six months if the car is more than three years old, vehicles more than three years old should be registered under shippers name at least one year prior to application of the Import Permit

Failure to comply with above will result in PENALTIES AND CONFISCATION of vehicle

• Auto must arrive within 60 days of customer's arrival• Destination Agent must be contacted prior to shipping any vehicles• All vehicles subject to taxes and duties• Gasoline-fueled cars limited to 2,800 cc not over 1,500 kgs• Right-hand driven vehicles not permitted• Only one vehicle allowed per family• Autos five years old or older not permitted

Banned/unauthorized motor vehicles subject to seizure; owner subject to penalties. Documents required:

• Original Registration and proof of ownership• Import Permit from Department of Trade or Bureau of Import• Surety Bond• Original Bill of Sale• Original Passport• Certificate of arrival• Stencils of chassis/engine number• Deed of Sale or Commercial Invoice• Other documents, depending on customer's immigration status

Vehicle Insurance

Compulsory Third-Party Liability (CTPL) Insurance

A CTPL insurance policy is required before any motor vehicle can be registered with the Land Transportation Office (LTO), whether the vehicle is:• for private use• for carrying or transporting good• Used as public utility vehicle• PUVs (bus, jeepney, taxi, tricycle, etc) used to transport

passengers

When a CTPL has been purchased, an insurance policy will be given which contains the policy conditions. The confirmation of cover (COC) will be presented to the LTO upon registration to show that the motor vehicle has third party insurance coverage.

Issues and Challenges related to Cross-border and Transit Transport Operations by Road

1. The Philippines, being an archipelagic country, is not be connected by land with the ASEAN neighbors.

2. 1998 Republic Act 8506 – Bans the registration and operation of vehicles with right-hand steering wheels in any private or public street, road or highway

Possible options in addressing the issues and challenges:

1. PH to establish the Chassi - Roll on Roll of (CHARO) system to implement the ASEAN RO-RO (through a legislation)

2. Amendment of the 1998 RA 8506 - restrictions for the right-hand drive vehicles

END OF PRESENTATION…

THANK YOU!