Concrete mixers ‘not exempt’ from ban

The Cebu City Legal Office has denied the request of a contractors’ group to exempt concrete mixer trucks from the truck ban ordinance.

Petrious Dakay, president of Cebu Contractors Association Inc., in his letter to Mayor Edgardo Labella dated October 8, stated that he made the request out of necessity.

He said there are concrete pouring activities that last for more than four hours, some even about 24 hours, because of the volume needed like some foundations of high-rise buildings that need more than 1,000 cubic meter of concrete to be poured in just one continuous pour alone.

“A stoppage on concrete pouring will create cold joints and greatly affect structural strength, integrity, and stability. This can be confirmed by our city engineers,” Dakay’s letter read.

“The more cold joints we have, the more our structures in Cebu City will become weak and prone to damage, if not failure or total destruction in times of typhoons and earthquakes. If accidents of buildings going down during calamities will happen, God forbid, many lives will be lost,” it added.

CLO, however, clarified that the classification of different kinds of trucks and vehicles granted exemption from the truck ban ordinance are those “vital and necessary to health, disaster response, or public interest.”

These trucks and vehicles were identified as garbage trucks, fire trucks, government vehicles, VECO service vehicles, PLDT service vehicles, MCWD service vehicles, truck carrying oxygen for hospital use, NGCP service vehicles, and service vehicles of any utility/service providers granted with a franchise under Philippine laws.

“It is but clear that there is a valid classification to these vehicles because they are engaged in the delivery of basic vital services which should not be hampered. Thus, the exemption from the truck ban may only be granted to those service vehicles that are vested with public interest,” said City Legal Officer Rey Gealon.

Gealon explained that concrete truck mixers do not appear to be vested with public interest because these trucks do not come within the same classification as the identified vehicles that are exempted from the truck ban ordinance.

Gealon added that Dakay’s apprehension may still be addressed by the fact that concrete mixer trucks may still pass through major thoroughfares within the day because the truck ban ordinance only covers prohibition during peak hours.

“Truck ban during peak traffic hours is implemented pursuant to existing traffic rules and regulations, including but not limited to City Ordinance 801 otherwise known as the Traffic Code of Cebu City,” he said.

“The policy is made in order to address the worsening traffic situation in and around the city, contributed by the sheer number of these regulated trucks plying our roads,” he added. —