Wednesday, January 28, 2009

Proposed Flexi-Fare Ordinance

Proposed Flexi-Fare Ordinance

OIL PRICE CHANGES- either increases or decreases- affect the tricycle fare rates in the municipality. In the past few months the oil prices fluctuate dramatically. And such changes, no doubt, are both disruptive to the tricycle drivers/operators and the riding public.

Every petition to increase or decrease the tricycle fare rates would mean a long, arduous, tedious, sometimes frustrating, and complex legislation. It requires a timely public hearing, full committee consideration, and an en banc or floor deliberation by the Sangguniang Bayan. Worse, if the determination of the tricycle fare rates are based on many and varied factors like prices of spare parts, road condition, size of family of drivers, and the like, then the legislative process becomes mind-numbingly slow and complicated. Much more, with the hierarchical system of reviewing municipal ordinances, it would take time to pass any proposed municipal ordinance because the Sangguniang Panlalawigan is required by law to judiciously review the same.

Of late, I proposed to streamline the legislative process by proposing a Flexi-Fare Ordinance. Instead of entertaining numerous petitions to increase or decrease tricycle fare rates because of the unpredictability of oil prices then consequently craft the corresponding legislative measures, I suggested that we legislate only one ordinance covering an omnibus of would-be petitions. In my proposal, I recommended that the tricycle fare rates should be determined by the current gas pump price per liter. The schedule of fare rates are put into brackets with the corresponding brackets of gas prices. One has to find out only the current gas pump price per liter to determine the tricycle fare rate.

This simplifies legislation as regards the determination of tricycle fare rates and makes it easier for the tricycle drivers/operators and the riding public to know readily the schedule of fares on the basis of the current gas pump prices.

Many support this proposed ordinance. As usual, I still have to get the nod of the members of the majority of the legislative council considering that I belong to the minority.

Below is the draft of the proposed ordinance:

ORDINANCE NO. ___

AN ORDINANCE TO AMEND ORDINANCE NO. 2008-106 COMMONLY REFERRED TO AS “AN ORDINANCE APPROVING REVISED TRICYCLE FARE RATES IN THE MUNICIPALITYOF APARRI AND PRESCRIBING PENALTIES FOR VIOLATIONS THEREOF.

The SANGGUNIANG BAYAN, duly assembled in session, herby ordains that:

SECTION 1. This Ordinance shall be known and cited as the “Flexi-Fare Ordinance of 2009.”

SECTION 2. Section 1 of Ordinance No. 2008-06 is hereby amended to read as follows:

“Except as may otherwise be provided by law or ordinance, the following fare brackets are established as tricycle fare rates in the municipality:
Gasoline Per Liter Regular Fare College/HS/SCS/PWDs Elementary
For every 1st 5 kms.

P30.00-P40.00 P8.00 P6.00 P5.00

P40.01-P50.00 P9.00 P7.00 P6.00

P50.01-P60.00 P10.00 P8.00 P7.00

P60.01-P70.00 P11.00 P9.00 P8.00

SECTION 3. Section 2 of Ordinance No. 2008-06 is hereby amended to read as follows:

“In view of the volatility of oil prices, the regular fare rate and the corresponding fare charged for college and high school students (HS), senior citizens (SCs), persons with disabilities(PWDs), and elementary pupils are flexible and are dependent on the current gasoline pump prices in the local market as indicated in Section 2 hereof.”

SECTION 4. Any person found to have violated this Ordinance shall be penalized as follows:
a. 1st Offense- a fine of Five Hundred Pesos (P500.00)
b. 2nd Offense- a fine of One Thousand Pesos P1,000.00)
c. 3rd Offense- a fine of Two Thousand Five Hundred Pesos (2,500.00) and the cancellation and/or revocation of tricycle franchise to operate.

SECTION 5. Any or all Ordinances, or parts thereof which are inconsistent or contradictory herewith are hereby repealed or modified accordingly.

SECTION 6. This Ordinance shall take effect upon approval.

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