AS government agencies ramp up their anti-colorum campaign this holiday season, and during the observance of All Saints’ Day and All Souls’ Day (Undas), a transport group reminded private vehicle owners of their rights and responsibilities when lending out their cars.
The reminder came after the Department of Transportation, along with its attached agencies — the Land Transportation Office and Land Transportation Franchising and Regulatory Board (LTFRB), and Highway Patrol Group — tightened flagging down of suspected colorum vehicles.
“But what exactly constitutes colorum and when is a private vehicle simply on a legitimate private trip?” asked lawyer Ariel Inton, founder of Lawyers for Commuters Safety and Protection (LCSP).
He explained that a vehicle is considered colorum if it is a private unit used for hire without a franchise or with an expired one; a vehicle that has a franchise but is used under a different denomination — for example, a school bus franchise operating as a UV (utility vehicle) Express; and a vehicle that is operating out of line, such as a unit with a Cubao-to-Antipolo route but plying Cavite.
“Even ’vans for hire advertised on Facebook are considered colorum if they operate without a franchise,” Inton told The Manila Times via Viber interview.
But the issue becomes murky during the holiday season, particularly Undas, when families typically travel together, he said. What happens if a private vehicle owner lends his van to a friend or relative for a family outing — and enforcers flag the vehicle down on suspicion of being colorum?
The LCSP founder said that if the vehicle was merely borrowed and no rent was paid, it is not colorum.
But law enforcers may still pressure the driver and passengers based on “reasonable suspicion.” “They would insist that a private vehicle must be for private trips and not for public use,” Inton said.
To avoid being wrongly flagged, the LCSP head said drivers and the passengers should bring identification cards (IDs) to prove their familial relationship.
Bring an authorization letter indicating the destination and the relationship between the owner and the borrower, such as child or sibling, and always keep the official receipt, certificate of registration and other supporting documents for presentation to enforcers, said Inton, a former Quezon City councilor and an LTFRB official.
“Pick up passengers at one meeting place. If you pick up passengers, especially in areas where for-hire vehicles pass, and enforcers are watching, you may be suspected of operating as a public utility vehicle,” he said.
“Talk calmly with enforcers. Maintain a respectful tone when dealing with the authorities who flagged you down,” he added.
Expressing its full support for the government’s campaign, the LCSP said authorities should focus on going after colorum syndicates — groups that are genuinely making a living out of illegal transport operations.
Inton said his group was also concerned that some colorum operators may have informants and are paying off officials, which is why they continue to operate openly to this day.
