Regional Meeting on Harmonization of Legal Instruments and Documentation for Cross- Border and Transit Transport by Road

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

2 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

3 ASEAN Transport Facilitation Agreements Agreements Date Signed Date Ratified ASEAN Framework Agreement on the Facilitation of Goods in Transit (AFAFGIT) 1. Protocol 1 Designations of Transit Transport Routes and Facilities 2. Protocol 2 Designation of Frontier Posts 3. Protocol 3 - Types & Quantity of Road Vehicles 4. Protocol 4 - Technical Requirements of Vehicles 5. Protocol 5 ASEAN Scheme of Compulsory Motor Vehicle Insurance 16 December May February November 2007 The text has been finalized during the 24 th ASEAN Directors-General of Customs Meeting May 2015 in Singapore 15 September November September November April September 2003

4 ASEAN Transport Facilitation Agreements Agreements Date Signed Date Ratified 6. Protocol 6 Railways Borders & Interchange Stations 7. Protocol 7 Customs Transit Systems 8. Protocol 8 - Sanitary and Phytosanitary Measures 16 December February October 2000 Undergoing ratification Undergoing ratification 26 November Protocol 9 Dangerous Goods 20 September 2002 ASEAN Framework Agreement on the Facilitation of Interstate Transport (AFAFIST) 10 December May November 2012 ASEAN Framework Agreement on Multimodal Transport (AFAMT) 17 November June 2008

5 ASEAN Transport Facilitation Agreements Agreements Date Signed Date Ratified Agreement on the Commercial Vehicle Inspection Certificates for Goods Vehicles and Public Service Vehicles issued by the ASEAN Member Countries 10 September June 1999 Agreement on the Recognition of Domestic driving Licenses issued by ASEAN Countries ASEAN Framework Agreement on the Crossborder Transport of Vehicles by Road (CBTP) 07 July June 1986 Ongoing discussion by the ASEAN Member States for its finalization

6 BIMP-EAGA Memorandum of Understanding MOUs MOU on the Crossborder Movement of Commercial Buses and Coaches MOU on Transit and Interstate Transport of Goods Date Signed 02 November June 2009

7 Agency Responsible The 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.

8 Types of consignment notes used for crossborder and transit transport operations by road; Driver s license Vehicle registration permits Vehicle Technical Inspections Certificates Valid Passport Valid Visa

9 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

10 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

11 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

12 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

13 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

14 Vehicle Registration Certificate

15 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.

16 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

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

18 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

19 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

20 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

21 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.

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

23 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 restrictions for the right-hand drive vehicles

24 END OF PRESENTATION THANK YOU!