Phlippine Bicycle Act

Senate Office of the shecitary TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session AU6 27 P1:43 SENATE RECEIVED BY 1277 S. No. _ Introduced by SENATOR CAMILLE A. VILLAR AN ACT INSTITUTIONALIZING THE USE OF BICYCLE AS A PRIMARY MODE OF TRANSPORTATION, DEFINING THE RIGHTS OF BICYCLE RIDERS, ESTABLISHING REQUISITE INFRASTRUCTURE FACILITIES, AND APPROPRIATING FUNDS THEREFOR EXPLANATORY NOTE As a result of lockdowns and transportation restrictions during the COVID-19 pandemic, bicycle use surged. To this day, more people are using one of the most basic forms of mobility. Bicycles have now been considered as an alternative mode of transportation. The development of the bicycle occurred over a period of around seventy years and yet, throughout that period, cyclists had limited legal right to use the roads or walkways. The first bicycle law was enacted by the New York State Legislature in 1887 entitled, "An Act in Relation to the Use of Bicycles and Tricycles". As the years went on, simultaneous with the growing popularity of the bicycle, several American states followed suit and enacted their own bicycle related ordinances aiming to give cyclists equal rights, privileges and duties with respect to road usage. In 1968, the cyclists' right to the road was enshrined in international law with the enactment of the Vienna Convention on Road Traffic which requires all signatory countries to comply with the set standards.

The Philippines was among the nations that signed the treaty in 1968, its provisions were made part of the laws of the land by virtue of Presidential Decree No. 207 in 1973, and it came into force in 1977. As a contracting party, the Philippines is obligated to give bicycles equal and safe access to the road. Which means when cyclists say 'share the road', they are not asking; but rather reminding other road users of their right to the road. In the Philippines, one of the first laws related to bicycle use was enacted by the Marikina City Council in 1996 which dwells on the use of all streets, avenues, alleys, sidewalks, bridges, parks, and other public places as bicycle lanes. In 2001, another ordinance from the same city created a Bikeways Office tasked to create, supervise and manage bikeways in the city. In 2014, the Bicycle Code of Marikina City, aimed at protecting and promoting the health of its citizens by encouraging cycling, was enacted. It is no wonder that different cities and municipalities are following suit. Bicycle riding not only promotes health and leisure but also provides for an alternative solution to unabated increase in fuel prices, increasing transport fares, traffic management, air and noise pollution and high cost of motorized vehicles, including maintenance and parking fees. Accordingly, there are a number of bike-friendly cities in the country: Taguig City, Quezon City, Baguio City, Naga City, Iloilo City, Cebu City, City of Vigan and Pasig City. And that some are 'bucket-list worthy places to bike' in Luzon: Corregidor, Bataan, Rizal, Marinduque, Mt. Pinatubo, the town of General Nakar in Quezon, Mayon Volcano Natural Park, Cordillera Autonomous Region, Sagada and Batanes. In a survey conducted by the Social Weather Stations, 87% of Filipinos said they prefer bicycles and public transportation to be given priority over private vehicles on roads in cities or municipalities.

With bikes becoming more in-demand, a policy on bicycle and cyclists should now figure prominently in the government's current and future traffic infrastructure planning. This bill seeks to come up with a National Bicycle Program as a component of the National Transport Plan. The program shall provide a roadmap for both national and local bicycle transportation systems to be adhered to all levels throughout the country. It shall also include the plans and strategies for the construction, provision and maintenance of bicycle lanes, parking areas and other support facilities, and provide for the standards for bicycles and regulations for the exercise and protection of the rights of cyclists. This legislation seeks to provide a framework for a bicycle law on a national level so that Filipino commuters may find a cheaper alternative to get to their destination while also saving the environment from harmful emissions. Thus, the passage of this bill is earnestly sought. Camelle as sucian CAMILLE A. VILLAR

Senate Office of the Serriary AUG 27 P1:43 RECEIVED BY: TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) First Regular Session ) SENATE S. No. 1277 Introduced by SENATOR CAMILLE A. VILLAR AN ACT INSTITUTIONALIZING THE USE OF BICYCLE AS A PRIMARY MODE OF TRANSPORTATION, DEFINING THE RIGHTS OF BICYCLE RIDERS, ESTABLISHING REQUISITE INFRASTRUCTURE FACILITIES, AND APPROPRIATING FUNDS THEREFOR Be it enacted by the Senate of the Philippines and House of Representatives in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the "Philippine Bicycle Act".

SEC 2. Declaration of Policy. - In conformity with the provisions of the Constitution

4 to promote the general welfare and social justice in all phases of national 5 development, protect and advance the right of the Filipino people to a balanced and healthful ecology in accord with the rhythm and harmony of nature, and to conserve 7 and develop the patrimony of the nation, the State shall: a) Promote the bicycle as a tool to meet the Sustainable Development Goals particularly as it supports affordable and equitable access to mobility and

environmental sustainability; b) Require a shift towards public infrastructure that prioritizes multimodal use, including the bicycle, over car-oriented mobility; c) Protect the most vulnerable road users by prioritizing pedestrians and cyclists in the planning, design, operation, and maintenance of the country's transportation and roadway systems; d) Establish roadways as community lifelines that provide access, safety, and mobility for all users, environmental quality, economic benefit, enhancement of place, public health, and overall quality of life; and e) Ensure bicycle infrastructure is integrated with the overall national land use plan and local comprehensive land use plans.

SEC. 3. Definition of Terms. - as used in this Act:

a) Active Transport refers to physical activity undertaken as a means of transport, such as walking or cycling and the use of other non-motorized vehicles and personal mobility devices; b) Bicycle or bike refers to a type of non-motorized vehicle that uses a propulsion mechanism consisting of a pedal on a crank connected to the drivetrain that drives the rear wheel of the bike; c) Bicycle lane refers to a portion of roadway that has been designated for exclusive or primary use by bicycles, non-motorized vehicles and personal mobility devices; d) Cyclist refers to a person who rides or operates a bicycle;

e) Motor vehicle refers to any vehicle driven by a motor or engine and operates on a road or highway; f) Non-motorized vehicles refer to all forms of transportation that do not rely on an engine or motor for movement, including, but not limited to, bicycles and small wheeled non-motorized transport, such as skateboards, push scooters and handcarts; g) Open Streets refer to the temporary or permanent closure of a road to motor vehicles for the safe and convenient access and use of pedestrians, non- motorized vehicles and personal mobility devices, and for recreational purposes and other community activities; h) Personal Mobility Device (PMD) refers to the devices upon which any person may ride and is propelled either solely or assisted by human power which shall include e-bicycles, personal assistive mobility devices, scooters, skateboards and the like: Provided, that for the purposes of this act, a PMD shall not weigh more than 100 kilograms; i) Personal Mobility Device User refers to a person who rides or operates a PMD; j) Primary, secondary and tertiary roads refer to national roads under the responsibility of the Department of Public Works and Highways (DPWH); k) Slow streets refer to local roads providing safe and convenient access and use by restricting motor vehicle access, use, or speed limits on certain days or hours in the day, or any combination of such measures as may be determined by the concerned local government unit (LGU), and prioritizing access and use by pedestrians, cyclists, other non-motorized vehicles and PMD users; I) Traffic Calming Infrastructure refers to engineering or other physical measures, such as narrowed lanes, speed bumps and raised crossings, designed to control

traffic speeds and encourage driving behavior that is safe and compatible with walking and bicycling. 4 SEC. 4. Bicycle as a Mainstream Mode of Transportation in the National Road Network. Within six (6) months from the issuance of the implementing rules and regulations (IRR) of this Act, the DPWH shall revise relevant policies to include bicycle 7 infrastructure in its preventative maintenance, maintenance, repair, and upgrading programs and budgets. Bicycle infrastructure shall be included in DPWH's road 9 condition audits. 11 SEC. 5. Creation of a National Bicycle Program - Within six (6) months from the 12 issuance of the IRR of this Act, the Department of Transportation (DOTr), in coordination with the DPWH and National Economic and Development Authority (NEDA), shall come up with a National Bicycle Program, hereinafter referred to as the Program, as a component of the National Transport Plan. The Program shall provide a roadmap for both national and local bicycle transportation systems to be adhered to all levels throughout the country. The Program shall include the plans and strategies for the construction, provision 20 and maintenance of bicycle lanes, parking areas and other support facilities. It shall 21 also provide for the standards for bicycles and regulations for the exercise and protection of the rights of cyclists.

SEC. 6. Local Active Transport Strategy. - In support of the Program, the LGUs,

through the Sanggunian, within six months from the promulgation of the Program and consistent therewith, shall establish a local active transport strategy specifically mandating the relevant local departments to undertake the following powers, functions and responsibilities: a) Manage the construction and maintenance of bicycle lanes and road signages, including the identification of bicycle networks within the jurisdiction of the locality;

b) Manage the bike park or parks; c) Ensure that bicycle lanes are free of any obstruction that can compromise the safety of cyclists and pedestrians; d) Enforce the establishment of bicycle parking and other related facilities; e) Encourage partnership with local and foreign organizations to facilitate easy access to bicycles and bicycle infrastructure; and f) Conduct education and information drives on the benefits of using bicycles in coordination with the Land Transportation Office (LTO) to promote the usage of the same. Whenever possible, the local active transport strategy shall include a local active transport plan providing for a seamless network of bicycle lanes and slow streets for all active transport users. The strategy shall include the establishment of open streets and bike share system to encourage the use of active transportation.

SEC. 7. Designation of Bicycle Lanes. - There shall be designated bicycle lanes in

all newly-constructed primary roads for the exclusive use of cyclists and PMD users. DPWH shall likewise designate bicycle lanes in existing primary and in other national roads, whenever feasible. The designation of bicycle lanes in local roads shall be in accordance with the Local Active Transport Strategy. The bicycle lanes shall be separated by a physical barrier and shall be clearly identified with signs or pavement markings. In cases where the installation of a physical barrier is not feasible, the lane for bicycle lanes shall be identified through

reflectorized painted lines. The specifications and design of bicycle lanes, which must 2 conform to the standards adopted by the DOTr and DPWH, shall be provided in the implementing rules and regulations of this Act.

SEC. 8. Bicycle Parking Facilities. - All public places, government offices, schools,

major business establishments, including malls, banks, restaurants, hospitals, and the like, are hereby required to provide bicycle racks for bicycle parking. Bicycle parking shall be secured, visible, accessible, and segregated from 10 pedestrians and motor vehicles. The specifications of the required bicycle racks or parking space for a particular class of establishments, offices or buildings, shall be provided in the IRR.

SEC. 9. Creation of Bicycle Parks in Open Spaces. - Each city or municipality is

encouraged to incorporate a bicycle park in existing open spaces where facilities such as bicycle lanes, bicycle parking areas and similar infrastructure may be made available.

SEC. 10. Rights of Cyclists. - All cyclists shall enjoy:

a) the right to own a bicycle and use the same subject to such limitations as may be provided by law; b) the right to ride on any designated bicycle lane or any public road or street that has no designated bicycle lanes unless, by law or regulation, there is a specific prohibition that such road or street cannot be used for bicycles; and c) the rights granted to drivers of motorized vehicles, except those that by their nature are inapplicable, while riding a bicycle on a bicycle lane.

1 SEC. 11. Bicycle Safety Requirements. The minimum safety requirements, 2 including the usage, operation, bicycle equipment, accessories and protective gears 3 shall be provided in the IRR of this Act. 5 SEC. 12. Obligation of Cyclists to Remain in the Bicycle Lane; Exceptions. - 6 Every person riding a bicycle on a designated bicycle lane shall remain inside such 7 lane, exercising due care when passing a standing vehicle or a vehicle proceeding in 8 the same direction. However, a cyclist riding a bicycle on a bicycle lane may move out 9 of the lane under any of the following circumstances: a) Whenever overtaking or passing another bicycle, vehicle or pedestrian within the lane or occupying the bicycle lane if such overtaking or passing cannot be done safely within the lane; b) When preparing for a turn at an intersection or exiting into another road or driveway; and c) When reasonably necessary to leave the bicycle lane to avoid debris or hazardous conditions.

SEC. 13. Prohibition on the Use of Bicycle Lanes by Motor Vehicles,

Exceptions. - Whenever a bicycle lane has been established on a road, no motor vehicle shall be driven on such bicycle lane, except when necessary to enter or leave such road or to make a turn.

SEC. 14. Incentives. - In order to encourage the use of bicycle as a mode of

transportation, this Act grants the following tax reliefs and benefits: a) Expenses incurred by employers in providing their employees bicycle-related equipment and bike-friendly facilities, by way of benefits, shall be deductible in full from their gross income;

b) All grants, bequests, endowments, expenses, and contributions made to and used actually, directly and exclusively by companies, business establishments, and other institutions for bike-friendly programs and bicycle facilities shall be considered as allowable deductions from gross income; and c) Bicycles granted by employers to its managerial and supervisory employees in compliance with this Act shall not be taxable as fringe benefits as provided for under Republic Act No. 8424 or the Tax Reform Act of 1997. Any provision of law to the contrary notwithstanding, foreign and local enterprises 11 engaged or proposing to engage in the manufacture or assembly of bicycles may avail 12 of the incentives provided under Title XIII (Tax Incentives) of the National Internal Revenue Code of 1997, as amended.

SEC. 15. External Financing. - The DOTr shall, in coordination with the Department

of Environment and Natural Resources (DENR) and Department of Finance (DOF), 17 explore the possibility of accessing a range of global financial sources, through public- private partnership (PPP) or other financial schemes, to support the creation and maintenance of sustainable or low-emission public transport systems.

SEC. 16. Observance of the Carless Day. - To promote the use of bicycles, the

22 country shall participate in the annual celebration of World Car-Free Day by 23 designating every second Sunday of September as a carless day. The country shali also observe a National Car-Free Day every second Sunday of April. The Secretary of DOTr is hereby mandated to determine the primary and secondary roads which shall be carless during these annual celebrations.

SEC. 17. Penalties, - The following penalties shall be imposed upon the persons

who act in violation of this Act:

a) Unless otherwise specifically provided, any person who violates any provision of this Act shall suffer a penalty of fine in an amount not less than Five thousand pesos (P5,000.00) nor more than Ten thousand pesos (P10,000.00). If such violation causes damage or injury to a person or property, then the appropriate provisions of the Civil Code or the Revised Penal Code (RPC) shall apply. When the offender is a corporation, the officers responsible for the violation shall be meted with the penalties herein provided; b) Any public works official who approves the construction of main roads or highways without the required bicycle lanes in their designs shall be punished by a fine of not less than Ten thousand pesos (P10,000.00) nor more than Thirty thousand pesos (P30,000.00) or suspension, or both, if found guilty in an appropriate administrative investigation. The same penalty applies to a public works official who is duty-bound or responsible for providing the required bicycle lane marking on existing primary or secondary roads and highways but refuses or fails to do so; and c) Any person who shall violate Section 16 of this Act shall be penalized with: i. A fine of Five thousand pesos (P5,000.00) for the first offense; ii. A fine of Ten thousand pesos (P10,000.00) for the second offense; ii. A fine of Fifteen thousand pesos (P15,000.00) and suspension of driver's license for three (3) months for the third offense; iv. A fine of Twenty thousand pesos (P20,000.00) and revocation of driver's license for the fourth offense. Provided, That the DOTr, through the LTO, may increase the amount of fine herein imposed once every five (5) years in the amount not exceeding ten percent (10%) of the existing rates which shall take effect fifteen (15) days publication in at least two (2) newspapers of general circulation.

The foregoing penalties shall be imposed without prejudice to other liabilities under 2 the RPC or any special law, arising out or on occasion of any violation of the 3 abovementioned section, when applicable. 5 SEC. 18. Bicycle Awareness Program. - The Secretary of DOTr, in cooperation 6 with the Department of Education (DepEd), the Commission on Higher Education 7 (CHED) and the LGUs, shall establish an educational program to increase awareness 8 of bike safety and road sharing. The program shall be designed for cyclists, traffic 9 enforcers, motorists, and all road users. The program shall include: a) Traffic education and enforcement; b) Motorist Awareness and Road-Sharing; and c) Bicycle and pedestrian safety.

SEC. 19. Nationwide Public Information Campaign. - The DOTr and its attached

agencies shall, in coordination with the Philippine Information Agency (PIA), DepEd, CHED, Department of the Interior and Local Government (DILG), Department of Health (DOH), Philippine National Police (PNP), Metropolitan Manila Development 19 Authority (MMDA) and private agencies and organizations, undertake a nationwide 20 information, education and communication campaign for a period of six (6) months 21 upon the promulgation of the rules and regulation implementing the provisions of this 22 Act.

SEC. 20. Appropriations. - The amount necessary for the implementation of this

Act shall be included in the annual General Appropriations Act. The LGUs concerned 26 shall provide the necessary funds to carry out its mandate under the provisions of this 27 Act in their respective annual budgets.

SEC. 21. Implementing Rules and Regulations. - Not later than ninety (90) days

after this Act takes effect, an Inter-Agency Committee (Committee) shall be convened to formulate rules and regulations for the efficient implementation of this Act. The Committee shall be composed of the following as ex-officio members:

a) Secretary of Transportation or the Secretary's authorized representative, who shall serve as Chairperson of the Committee; b) Secretary of Public Works and Highways or the Secretary's authorized representative, as Co-Chairperson; c) Secretary of the Department of Interior and Local Government or the Secretary's authorized representative, as Co-Chairperson; d) Secretary of Health or the Secretary's authorized representative, as Co- Chairperson; e) representative of the LTO; f) representative of the DENR; g) representative of the Department of Trade and Industry; h) representative of the Department of Labor and Employment; i) representative of the DOF; j) representative of the Department of Budget and Management; k) representative of the NEDA; I) representative of the Bureau of Internal Revenue; m) representative of the DepEd; n) representative of the CHED; o) representative of the Department of Human Settlements and Urban Development (DSHUD); P) representative of the University of the Philippines National Center for Transportation Studies; q) professor of the University of the Philippines School of Urban and Regional Planning; r) representative of the PNP; s) representative of the MMDA; t) two (2) representatives from a registered bicycle organization to be appointed by the Secretary of Transportation; and u) two (2) representatives from a registered Non-Governmental Organization advocating active transport to be appointed by the Secretary of Transportation.

1 Within six 6) months following the effectivity of this Act, the Secretary of 2 Transportation shall promulgate the IRR of this Act. 4 SEC. 22. Separability Clause. - If any portion or provision of this Act is declared 5 invalid or unconstitutional, the remaining parts or provisions not affected thereby shall remain in full force and effect. 8 SEC. 23. Repealing Clause. - All laws, decrees, executive orders, presidential issuances and other administrative rules and regulations or parts thereof which are inconsistent with this Act are hereby repealed, amended or modified accordingly.

SEC. 24. Effectivity. - This Act shall take effect fifteen (15) days after its publication

in the Official Gazette or in a newspaper of general circulation. Approved,