UNIFORM COMPUTATION OF THE PENALTY FOR AXLE OVERLOADING

In order to adopt a uniform interpretation on the provision for axle overloading pursuant to, Item D, No. 56 of Department Order No. 2008-39 (Revised
Schedule of LTO Fines and Penalties for Traffic and Administrative
Violations) and to further implement a common computation in the
determination of the imposable fine in line with the recommendation of
the Commission on Audit contained in its Annual Audit Report for CY
2008, the following guidelines shall be strictly observed:

1. The amount of fine imposed upon the owner/operator or driver
shall be equivalent to 25% of the MVUC paid at the time of infringement
as indicated in the Official Receipt (OR);

2. The 4.99% tolerance shall be computed based on the GVW as indicated in the current Certificate of Registration (CR);

3. The penalty can be waived for loads exceeding the registered GVW
by a tolerance of 4.99%. This is without prejudice to upholding the
findings of overloading based on the actual random roadside weighing
provided the excess is within the 4.99% tolerance;

4. The excess load shall be computed after adding the 4.99%
tolerance to the registered GVW and deducted from the actual weight at
the time of apprehension;

5. The 4.99% tolerance shall not apply to excess axle load or
beyond the allowable 13,500 kgs./axle. Hence, the penalty of 25% of the
MVUC shall be imposed if any of the axle load exceeds 13,500 kgs. during
the actual weighing.

In computing the penalty for exceeding the registered GVW and authorized axle load, the following formula shall apply:

A. Determination of Allowed Gross Vehicle Weight:
	In kgs.
Allowed GVW per Sec. 6(b) of the IRR of RA 8794	x x x
Add: Tolerance of 4.99% (less than 5%)	x x x
Total allowed GVW	x x x
Less: Actual Weight at time of Apprehension	x x x
Excess Weight (Violation)	x x x
Amount of MVUC paid per current Official Receipt	x x x
Multiply by 25% = amount of Fine	x x x
	In kgs.
B. Determination of Allowed Axle Load (Violation in any of the axle)
Excess Axle Load
Axle 1	x x x
Axle 2	x x x
Axle 3	x x x
Amount of the MVUC per current Official Receipt	x x x
Multiply by 25% = Amount of Fine	x x x

As an accessory penalty, no motor vehicle shall be allowed to proceed
on the road-way if either a dual-wheel axle load shall exceed 13,500
kilograms or the vehicle load exceeds 150% of the maximum allowable
gross weight.

For your guidance and strict compliance.

Adopted: 03 July 2009

(SGD.) ARTURO C. LOMIBAO
Assistant Secretary