Department Order 2012-01

7/28/2019 Department Order 2012-01

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Republic of the PhilippinesDEPARTM ENT OF T R ANSPORT A T ION AND COM M UNICAT IONS

09January 2012

DEPARTMENT ORDER NO. 2012-01TO ALL SECTORAL OFFICES, ATTACHED AGENCIES, GOCCs, AND

CONCERNED SERVICES,DOTC-CENTRAL OFFICEThis Department

SUBJECT MANDATING THE STRICT IMPLEMENTATION OFPRECAUTIONARY, SAFETY AND SECURITY MEASURES TOENSURE SAFE, FAST, EFFICIENT AND RELIABLETRANSPORTATION SERVICES; THE IMMEDIATEIMPLEMENTATION OF QUICK RESPONSE PROTOCOLS; AND THEIMMEDIATE INVESTIGATION OF TRANSPORTATION-RELATEDINCIDENTS

WHEREAS, it is the mandate of the Department of Transportation andCommunications (DOTC) to promote, develop, and regulate a dependable and coordinatednetwork of transportation system as well as safe, fast, efficient and reliable transportationservices;

WHEREAS, owners and operators of common carriers/public transportationcompanies aremandated by law to exercise extraordinary diligence in ensuring the safe, fast,efficient and reliable conveyance of passengers;

WHEREAS, several transportation-related incidents occurred in the past months,particularly in the maritime sector;

WHEREAS, towards ensuring the safe conveyance of all passengers by publictransportation and ensuring responsible owners and operators of common carriers/publictransportation companies, the DOTC will see to it that all agencies regulating and/oroperating transportation facilities prescribe and/or observe appropriate regulations to ensurethat passenger rights are observed, precautionary, safety and security measures and quickresponse procedures and protocols are adhered to at all times so that foreseeabletransportation-related incidents are prevented, their effects are anticipated an:dmitigated,r

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and the DOTC and its sectoral and attached agencies and corporations arefully prepared andcapable torespond totransportation-related incidents when they occur.

NOW, THEREFORE, all agencies regulating and/or operating transportation facilitiesare directed to promulgate their respective regulations implementing the policy directionsprovided herein.1. OBSERVANCEOF PASSENGERRIGHTS

1. All agencies regulating transportation providers shall ensure that the followingrights ofall passengers areobserved at all times:

1.1. Every public transport vehicle! conveying passengers and cargois duly registered with the concerned regulating agency and possesses therequired safety andsecurity certificates.

1.2. Every public transport vehicle has been inspected and declaredtobefit (roadworthy/seaworthy/airworthy) for the conveyance ofpassengers.

1.3. Every public transport vehicle is manned by qualified,competent and duly-licensed crew. Thenames of the crew andcopiesof theirlicenses areprominently displayed in the vehicle together with an indicationof the dates of expiration andnext renewal.

1.4. Every public transport vehicle has passed all requisite pre-departure checks before it departs fromthe terminal/station/port/ airport.

1.5. All crew, passengers and cargo to board the public transportvehicle shall haveundergone security screening.

1.6. Every public transport vehicle conveying passengers isequippedwith the required communications equipment, lifesaving appliances, firefighting equipment, andother necessary emergency equipment.

1.7. Copies of the public transport vechicle's Certificate of PublicConvenience (CPC), inspection, safety, security, and other certificates areprominently displayed in the vehicle together with an indication of the datesof expiration and next renewal or inspection.

The term "public transport vehicle" herein shall be construed to include all types of Public Utility Vehicles _.JK(for Road), trains (for Rail), vessels (for Sea) and aircrafts (for Air). f r - "

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1.8. Emergency numbers are posted on conspicuous places withinthe public transport vehicle.

1.9. Every public transport operator shall ensure that clean andcomfortable amenities are provided to passengers within the public transportvehicle and the passenger terminal.

1.10. Public transport vehicles shall strictly observe the schedule oftheir trips as far aspracticable, provided that any deviation from the scheduleof trips must go through the procedures for amending said schedule asprescribed by the appropriate regulating agency.

II. STRICT IMPLEMENTATION OF PRECAUTIONARY, SAFETY AND SECURITYMEASURES,FORALL MODESOF TRANSPORTATION

1. All transportation providers shall be required to adopt and strictly implementprecautionary, safety and security measures asastandard operating procedure.

2. Pre-departure inspections shall be conducted to ensure that the publictransport vehicle is fit Croadworthy/railworthy/seaworthy/airworthy) for the conveyance ofpassengers; ismanned by qualified, competent and duly-licensed crew; its crew, passengers,and cargo have undergone security screening; and is equipped with the requiredcommunications equipment, lifesaving appliances and firefighting equipment.

3. Safety procedures, including emergency numbers, hotlines and names ofresponsible personnel, must be clearly communicated to passengers and the general publicprior to embarkation and during the conveyance through all practicable modes ofcommunication, such as posters and other printed materials, public address systems,demonstration by crew or personnel, and the like at passenger terminals and within thepublic transport vehicle/so

4. The Office of Transportation Security COTS)shall promulgate TransportSecurity Regulations (TSRs) for all modes of transportation. All public transportationproviders shall adhere to these TSRs,subject themselves to security audit and assessment byOTS,andsecure the necessary security certificates fromOTS.

5. The Maritime Industry Authority (MARINA) and the Philippine CoastGuard(peG) shall categorizeand identify all navigational areaswhich are hazardous for certai~

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types of watercrafts or vessels and shall issue the appropriate regulations prohibiting thesetypes ofwatercrafts or vessels fromoperating in said areas.

6. During extreme weather conditions, all agencies regulating transportationproviders should proactively issue travel advisories and impose departure clearances inaffected areas, particularly the peG for maritime travel and especially to small watercraftssuch as motor bancas, the Civil Aviation Authority of the Philippines (CAAP) forcommercial and general aviation aircrafts, and the Land Transportation Franchising &Regulatory Board (LTFRB) and the Philippine Ports Authority (PPA) for provincial busesusing Roll-on Roll-off (RoRo) vessels, to prevent mishaps, stranding of passengers and otherdangers andinconveniences topassengers.

7. All agencies regulating transportation providers shall promulgate theappropriate regulations and periodically review and assessthe implementation of the sametoensure that precautionary, safety and security measures are adopted and implemented bytransportation providers at all times and shall prescribe the appropriate penalties for non-compliance.

8. Copies of all such regulations, including any amendment, supplement ormodification thereof, shall be submitted to the Secretary of Transportation andCommunications (SOTC), through the Undersecretary for Operations, for monitoring andpolicy assessment.

Ill. INCIDENT CATEGORIZATION, IN GENERAL

1. The DOTC and all its sectoral and attached agencies and corporations shalladopt and implement quick response procedures and protocols in order to ensure that theyareprepared and capable of addressing all types of transportation-related incidents.

2. Transportation-related incidents shall be categorized based on alert levels tocalibratethe typeof quick response procedure or protocol which must beimplemented.

3. Transportation-related incidents shall be categorized as Level 1 or GuardedAlert, Level 2 or Heightened Alert, and Level 3or Full Alert, based on the general criterialisted below. Theagencies concerned may categorize specific types of transportation-relatedincidents peculiar to the particular mode of transportation involved.

4. In general, the following arethe transportation-related incidents or situationscategorized asLevel 1or Guarded Alert: ~

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4.1. Situations where the possibility of damageto lifeandproperty isslight if precautionary, safety and security measures are not observed orproperly implemented.

4.2. Incidents where the damageto lifeand property already causedisminor to lessserious.

4.3. Incidents or situations where their effect or potential effect isslight interference or interruption in the normal operations.

4.4. Incidents or situations which can be resolved as time allowsusing standard operating procedures with minimal management supervisionandwithout adversely affecting operations.

4.5. Examples of such incidents or situations are Low Pressure Areaor Inter-tropical Convergence Zone (Maritime); an emergency call from anaircraft (Air); common breakdown of equipment due to wear and tear (Rail);minor road mishaps that do not result in loss of lives or damage to property(Road).5. I n general, the following are the transportation-related incidents or situations

categorizedasLevel 2or Heightened Alert:

5.1. Situations where damage to life and property is certain ifprecautionary, safety and security measures are not observed or properlyimplemented.

5.2. Incidents where the damageto lifeor property already caused isserious.

5.3. Incidents or situations where their effect or potential effect isconsiderable interference or interruption in the normal operations.

5.4. Incidents or situations where their resolution will require theactivation of on-call procedures and the useof additional agency resources toresolve.

5.5. High passenger volume season such as Holy Week, opening ofclassesin June, All Saint's Day/All Soul'sDay (Undas), Christmas break, longweekends, and the like. ~

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5.6. Any other incident asmay bedeclared asLevel 2or HeightenedAlert by the SOTe.

5.7. Examples of such incidents or situations are Weatherdisturbance in the scaleof Public StormWarning Signal (PSWS)No. 1,enginebreakdown or agrounding of avessel (Maritime); adistress call fromanaircraft(Air); power outage/train breakdown resulting in a major disruption ofoperations (Rail); major mishaps resulting in loss of lives and damage toproperty (Road).6. In general, the following are the transportation-related incidents or situations

categorized asLevel 3or Full Alert:6.1. Situations where damage to life and property is certain even if

precautionary, safety and security measures are observed or properlyimplemented.

6.2. Incidents where grave or extensive damage to life or propertyhasalready been caused.

6.3. Incidents or situations where their effect or potential effect is amajor interference or interruption in the normal operations.

6.4. Incidents or situations where their resolution reqUIresimmediate action using contingency plans and all resources of the concernedagency with the support of other agencies.

6.5. Any other incident asmay be declared as Level 3or Full AlertStatusby the SOTe.

6.6. Examples of such incidents or situations aresinking of passengervessels, collision involving apassenger vessel at sea, bombing of apassengervessel or apassenger terminal, major oil spill; severe weather disturbance inthe scaleof PSWS No. 2 and above (Maritime); crash of acommercial plane,strike of Air Traffic Controllers, shut down of amajor airport (Air); passengertrain derailment, bombing of passenger train or train station, train collision(Rail); transport strikes, bombing of a passenger vehicle or a passengerterminal; traffic re-routing/closure due to floods or mishaps (Road); fire,floods, building collapsedue to an earthquake or any major damage to facilitiescausedby natural calamities. ~

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7. All agencies are directed to formulate and adopt quick response proceduresand protocols per alert situation or incident and immediately implement the samewhen thealert situation or incident occurs. Saidquick response procedures and protocols must containthe names, addresses and contact details (mobile, office and residence numbers; emailaddresses) of the DOTC Operations Center and the designated action officers and personnelper incident level.

8. Each agency shall periodically review and assess said quick responseprocedures and protocols to ensure better efficiency in addressing the anticipated risks andcontingencies.

9. Copiesof all quick response protocols shall besubmitted to the SOTC, throughtheUndersecretary of Operations, formonitoring and policy assessment.

IV. IMMEDIATE IMPLEMENTATION OF QUICK RESPONSE PROCEDURES ANDPROTOCOLS, DELINEATION OF ROLESANDRESPONSIBILITIES,IN GENERAL

1. The following are standard responses which shall be implemented for alertsituations or incidents:

1.1 The designated action officers and personnel of concernedsectoral and attached agencies and corporations shall immediately report anyalert situation or incident to the Head of Agency and implement theappropriate quick responseprocedures andprotocols.

1.2 The Head of Agency assesses the situation or incident and itseffect on the agency's operations, monitors the implementation of quickresponse procedures and protocols and reports to the SOTC, through theUndersecretary ofOperations, every hour orasoften asnecessary.2. The DOTC Operations Center shall automatically be activated by the

Undersecretary for Operations during Level 2 (Heightened Alert) and Level 3 (Full Alert)transportation-related incidents or situations.

2.1. The DOTC Operations Center shall be responsible forcoordinating and monitoring all activities in relation to the implementation ofquick response procedures and protocols by all sectoral and attached agenciesandcorporations. r

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2.2. All operations oraction centers of sectoral and attached agenciesand corporations shall be under the operational control of the DOTCOperations Center during Level 2and Level 3transportation-related incidentsandalert situations.3. TheDOTC Operations Center shall haveaSecretariat headed by the Assistant

Secretary for Administration. TheSecretariat shall perform the following functions:3.1 Establish efficient communication lines and facilities among

operations or action centers and action officersto ensure that communicationlines are kept open in order that all relevant information are relayed in atimely manner;

3.2 Schedule coordinating meetings and liaise with othergovernment agencies;

3.3 Manage and analyse the database or reports on transportation-related incidents in support of decision-making; and,

3.4 Relay all relevant information about the alert situation orincident to the DOTC Public Information Division (PID). The PublicInformation Office of the agency concerned shall coordinate with the DOTCPID in answering queries frommedia in relation to the incident or situation,and in issuingmedia releases/reports.4. During Level 2 and Level 3 alert situations, the heads of all sectoral and

attached agencies and corporations shall submit hourly reports by Short MessageService(SMSor text message), phone or email, and awritten consolidated report at the end of theday, on the implementation of their quick response procedures and protocols and the statusof their operations to the Secretary, through the Undersecretary of Operations, and theSecretariat.

5. All public information/media officers of sectoral and attached agencies andcorporations shall coordinate and courseall pressandmedia releasesthrough the DOTCPID.

6. For Level 3 or Full Alert situations or incidents, the SOTCmay COnveneanEmergency/Crisis Committee with the heads of the concerned agencies as among itsmembers, especially incaseswhere the assistanceand support of other government agencies,the National Government or the President may be required to comeup with acoordinatedresponseplan toaddress the incident or situation. r r - /

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V. POST-INCIDENT PROTOCOLS

1. Upon the resolution/termination of the incident or situation, all agenciesconcerned must submit a comprehensive incident report to the SOTC, through theUndersecretary for Operations, with the following details of the incident:

Dateand time of the incident;.1.1.2.1.3.1.4.1.5.1.6.

Placeof the incident;Weather situation;Typeof public transport vehicle involved;Ageand condition of thepublic transport vehicle;Owner/operator of the public transport vehicle and thecaptain/driver and crew onboard;Number ofpassengers onboard;Probable causeof the incident;Detailed description of how it transpired;Detailed description of incident resolution;Results of inquiries/investigation conducted by the agencyconcerned, if any; and

1.12. Disciplinary measures to be imposed by the agency concerned,if any.

2. For all incidents declared asLevel 3or Full Alert, or upon the directive of theSOTC,an assessment shall automatically beheld the following morning at the Officeof theSecretary, to bepresided by the SOTC, or in his absence, the Undersecretary for Operations,and attended by all agencies and officesconcerned. Among the matters to bediscussed in thesaidconference areupdated information about the incident, suchas:

1.7.1.8.1.9.1.10.1.11.

2.1.2.2.2.3.2.4.2.5.

2.6.2.7.2.8.2.9.

The type of public transport vehicle involvedIdentity of the public transport vehicleThe owners/operators of the vehicles/vessels/aircrafts, etc.Thenumber of passengersicrew onboardThe number of fatalitieslinjuredlrescued (passengers/bystanders), their identities and other personal circumstancesDateand time of the incidentPlaceof the incidentProbable causeof the incidentDetailed description of how it transpired

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, ,

2.10. Theemergency actions taken by the agenciesconcerned2.11. Remedial measures, e.g. injured/rescued brought to the hospital,

fatalities brought to funeral parlor, families of victims gIVencompensation, etc.

2.12. Preventive measures, e.g. preventive suspension of othervehicles/vessels under the Certificate of Public Conveniencepending audit/investigation, etc.

2.13. Investigation, e.g. hearing before the LTFRB,Special Board ofMarine Inquiry (SBMI),etc.

3. A DOTC press release on the incident shall be given after the post-incidentconference but not later than 2:00 p.m., stating the details of the incident and the remedialand preventive measures taken and the investigation to be conducted. Prior to this, theagencies concerned should refrain from making official statements to the media or ifunavoidable, clear all statements with the DOTCPID.

4. A Post-Incident Review/Directive from the SOTC shall be issued after eachconference, detailing the actions tobeundertaken.

VI. IMMEDIATE INVESTIGATION OF THE CAUSE OF THE INCIDENT ANDPUNISHMENT OF ERRINGTRANSPORTPROVIDERSAND CREW

1. All agencies regulating transportation providers shall promulgate or modifytheir rules of procedure to ensure an expeditious and impartial investigation of the causeofthetransportation-related incident.

1.1. Saidrules and regulations shall be inquisitorial in nature, similarto fact-finding investigations, with the objective of determining the cause ofthe incident, and shall not depend solely on the presentation of the evidenceby the parties involved suchasin adversarial proceedings before courts of law.Theparties and resource persons shall be required to submit sworn statementssubject toclarificatory questioning during the proceedings.

1.2. The parties involved shall not be allowed to dictate the pace ofthe proceedings. The rules of procedure shall provide for continuousproceedings and deliberations until the termination of the investigation.

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)

1.3. The investigation shall be completed not later than eight (8)weeks fromthe occurrence of the incident subject of the investigation.

1.4. To ensure the impartiality of the investigation, the usual rulesfor disqualification/ shall apply to hearing officers and members ofinvestigative bodies charged with the investigation of transportation-relatedincidents. In addition, for members of the SBMI constituted by the PCGunder Chapter 16 of the 1976 Philippine Merchant Marine Rules andRegulations, nomember shall beappointed tosit in the SBMI if he isaresidentor has his domicile or place of business or employment in the same placewhere the principal place of business of the ship owner or operator subject ofthe investigation islocated.

1.5. For maritime transportation-related incidents, the MaritimeIndustry Authority (MARINA) shall be made a necessary party toinvestigations of the Board of Marine Inquiry (BMI) and the SBMI while thePCGshall bemadeanecessary party to investigations conducted by MARINAto avoid conflicts in findings of fact on the same maritime transportation-related incidents.

1.6. For road- transportation-related incidents, the investigationconducted by the LTFRBshould makethe Land Transportation Office (LTO)as a necessary party so that the appropriate penalty of suspension orcancellation of the driver's license or the registration of the erringdriver/transport operator found liable for the incident can be imposed in thesameproceeding.

1.7. For air transportation-related incidents, the Civil AeronauticsBoard (CAB) shall be made a necessary party to investigations by the AirAccident Investigation and Inquiry Board (AAIIB)organized by the DirectorGeneral of the CAAP.

1.8. In the event that amember of the ship's/aircraft's crew is foundliable for the maritime/air transportation-related incident, the decision of theBMI and the SBMI for maritime and the recommendations of the AAIIB for airrsuch asthe rule on disqualification of Judges/Justices under the Rules of Court (Section I, Rule 137), Codeof

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shall include the suspension or cancellation of the of the erring crew's license,asthe casemay be.2. All agencies regulating transportation providers shall issue the appropriate

regulations providing for the imposition of a system of administrative penalties on erringtransport providers and crew, which should include, among others, provisions onadministrative fines, suspension and cancellation of franchise of the transportation providerandthe licenseof the crew.

3. As an additional precautionary measure to prevent further danger topassengers and damage to property, all agencies regulating transportation providers shallissue the appropriate regulations and procedures for the preventive suspension of theoperations of apublic transport vehicle involved in Level 2and Level 3 incidents, includingthe operations of the entire fleet whenever warranted, until said vehicles have beensubjected to and have passed a safety inspection or audit which shall be immediatelyconducted by the regulating agency to prevent serious disruption of transportation servicesin the affectedareas.

3.1. In situations where the public transport vehicle involved isservicingmissionary or under-served routes, the regulating agency may allowthe completion of the trip/voyage or temporary operation of the transportvehicle to meet an emergency, provided that additional safety measures areadopted, such as requiring safety or technical personnel of the transportprovider or the regulating agency (LTFRB/LTO for land, PCG for maritime,and CAAP for air) to accompany the public transport vehicle throughout thetrip/voyage.

3.2. Upon completion of the trip/voyage or cessation of theemergency, the public transport vehicle shall be immediately subjected tosafety inspection/audit.

All other issuances or parts thereof inconsistent herewith aremodified, amended orsupersededaccordingly.

ThisOrder shall take effect immediately.

Documents

Department Order 2012-01