Bicycle Act

Sentate Offite of the seritary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session ) 26 JAN 27 P2:08 SENATE RECEIVED 8Y 1712 S. No.. Introduced by Senator MARK A. VILLAR AN ACT PROVIDING FOR BICYCLE RIGHTS, CREATION OF LOCAL BIKEWAYS OFFICE (LBO), ESTABLISHING INFRASTRUCTURE IN RELATION THERETO EXPLANATORY NOTE In 1968, the United Nations Economic and Social Council held a conference in Vienna to update international standards for road traffic rules. The resulting treaty was 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 and its provisions were made part of the laws of the land by virtue of Presidential Decree No. 207 in 1973 which came into force in 1977. As a contracting party, the Philippines is obligated to give bicycles equal and safe access to the road. In 2023, the country recorded a significant increase in bicycle usage, with 36% of households or about 10 million are using bicycles for various activities, and 24% are bicycle owners. These highlight the growing popularity of bicycles as a mode of transportation and leisure in the country. Moreover, bicycling is not only a tool for transportation as it is also good for health. The exercise from riding a bicycle would not only boost the body's immune system to better fight diseases, but would also improve overall health and prevent complications caused by hypertension, diabetes, and cardiovascular illnesses. Aside from the health benefits of bicycling, it is also an alternative solution to high fuel prices, increasing transport fares, worsening traffic situation, reducing air

and noise pollution and high cost of motorized vehicles including maintenance and parking fees. Currently, there are bike lanes instituted in various parts of the country to promote road safety and road sharing. While there are localized efforts for bike lanes, there lacks a statute that will implement the same at the national level. As such, this bill seeks to provide for a policy framework for the institution and enforcement of programs establishing bicycle rights and creation of Local Bikeways Offices (LBO) that will serve as its implementing body. Therefore, urgent approval of this bill is earnestly sought. malvila MARK A. VILLAR RDC

Senate Office of the she retary TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) First Regular Session ) 26 JAN 27 P2:08 SENATE RECEIVED BY S. No. 1712 Introduced by Senator MARK A. VILLAR AN ACT PROVIDING FOR BICYCLE RIGHTS, CREATION OF LOCAL BIKEWAYS OFFICE (LBO), ESTABLISHING INFRASTRUCTURE IN RELATION THERETO Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

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

Sec 2. Declaration of Policy. - It is the policy of the State to protect and promote

3 the right to health of the people and instill health consciousness among them and to protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. Likewise, in view of the fluctuating fuel prices in the world market, the State 7 recognizes the need for cheap alternative means of transportation and encourages 8 the use of non-motorized and environment friendly modes of transport.

Sec 3. Definition of Terms. - For the purpose of this Act, the following terms are

hereby defined as follows: a) "Bicycle" refers to any two wheeled vehicles having a rear drive which is solely human powered and having a seat height of 25 inches or greater when the seat is in the lowest possible position; b) "Local Bikeways Office (LBO)" refers to the agency in charge of implementing policies, rules and regulations pertinent to this Act; c) "Cyclist" shall refer to drivers of bicycles; d) "Department" refers to the Department of Public Works and Highways;

e) "Driver" refers to any person who drives a vehicle, motorized or non- motorized; f) "Lane" refers to any longitudinal strips designated for passage of bicycles; g) "Non-Motorized Transport (NMT)" refers to any vehicle which does not use a motorized engine; h) "Road" refers to the entire surface of any way or street open to public traffic;

Sec 4. Creation of Bikeways. - All main roads and highways shall be provided

with Bicycle Lanes or "bikeways" identified by the LBO under the supervision of the city or municipal engineering office.

Sec 5. Powers and Functions of the LBO. - The LBO shall be an adjunct of the

12 city or municipal engineering office and shall have the following powers and functions: a) To manage the construction and maintenance of a bikeway network including the identification of a bikeway roadmap; b) To establish provision of safe and strategic parking facilities, road signages and maps, including the planting of trees in designated areas of the network; c) To encourage partnership with local and foreign organizations to facilitate easy access to bicycles; d) To conduct education and information drives on the benefits of using bicycles or NMTs in order to promote the usage of the same; e) To cause all bicycles operating on the bikeways to be registered and determine therefore the manner of such registration; f) To maintain and keep a bicycle registry where the LBO, within sixty (60) days from the approval of this Act, shall have formulated a system of procedures pertinent to bicycle registration.

Sec 6. Bicycle Park. - Each city or municipality shall create, through the LBO and

the city or municipal engineering office, a Bicycle Park where provisions for bicycles are present such as but not limited to bikeways, bicycle parking areas and similar infrastructure. Such Bicycle Parks shall be funded by the city or municipality by allocating thirty percent (30%) of their respective revenues raised from miscellaneous activities like parking and license fees.

Sec 7. Rights, Duties and Obligations of Cyclists. - The following shall be the

2 rights, duties and obligations of cyclists: a) Ride on any public road or street provided that it has been designated as a bikeway except highways or where signs specifically prohibiting bikes have been posted; b) Every person riding a bicycle on the designated bikeways shall be granted all the rights and shall be subject to all the duties applicable to drivers of motorized vehicles except those which by their nature are inapplicable; c) A trailer or semitrailer may be attached to the bicycle; d) Right and left turn signals shall be given no less than 100 feet from the turn while stopped waiting to turn. Such signals may be given intermittently rather than continuously if the hand giving the signal is needed to control the bicycle; e) An audible signal shall be given before overtaking; When riding at night, a bicycle shall be equipped with reflective material visible from both sides for at least six hundred (600) feet, or a lighted lamp visible from both sides for at least five hundred (500) feet from a motor vehicle; f) A bicycle and its corresponding cyclist may be equipped with additional lights and reflectors; g) A cyclist shall keep one hand on the handlebar at all times; h) A cyclist must always wear a helmet properly where the chin strap is securely fastened; i) Every bicycle shall be equipped with brakes that are capable of stopping the bicycle within twenty-five (25) feet from a speed of 10mph on dry, clean level pavement;

Sec 8. Restrictions. - The following are restrictions Imposed upon cyclists and

the right to use a bicycle: a) No bicycle shall carry more persons that it was designed to carry except when another regular seat or trailer towed by the bicycle is present; b) Persons riding a bicycle shall not cling to another vehicle while in the designated bikeway;

c) Bicycles may not be parked in areas other than those specifically designated as such by the CBO; d) A cyclist shall not ride a bicycle on a sidewalk or crosswalk; e) A cyclist shall not carry anything on the bicycle unless it is in a basket, bag, rack or trailer designed for that purpose; f) A modified bicycle is not allowed on the bikeways, or that which makes the hands higher than the shoulders when gripping the handlebars; g) No person shall have ownership or custody of a bicycle which has a destroyed, removed, altered, covered or defaced serial number; h) No person shall operate a bicycle at a speed greater than what is reasonable and prudent under the conditions then existing.

Sec 9. Obedience to Traffic Laws and Devices. - Any person operating a bicycle

13 shall obey the Instructions of official traffic control signs, and other control devices applicable to vehicles, unless otherwise directed by a police officer. Whenever authorized signs are posted, a person operating a bicycle shall not disobey the 16 direction of such sign except when that person dismounts from the bicycle, in which 17 case such person shall then obey the regulations applicable to pedestrians. No person shall ride or operate a bicycle in any direction except that permitted for vehicular traffic traveling on the same side of the bikeway.

Sec 10. Flagging By a Police Officer. - A uniformed police officer, or any deputized

traffic officer, may stop, inspect and test a bicycle that is reasonably suspected to be unsafe or to have improper equipment, or is ostensibly unsafe or has improper equipment. He may also stop any cyclist operating the bicycle in such a manner as to pose danger to others.

Sec 11. Riding on Bicycle Lanes. - Every person operating a bicycle upon a

designated bikeway lane shall remain inside such lane, exercising due care when passing a standing vehicle or a vehicle proceeding in the same direction. When a person operating a bicycle upon a bikeway at a speed less than the normal speed of traffic, such person may move out of the lane under any of the following 30 circumstances:

a) Whenever overtaking or passing another bicycle, vehicle or pedestrian within the lane or about to enter the lane if such overtaking or passing cannot be done safely within the lane; b) When preparing for a turn at an intersection or into a private road or driveway; c) When reasonably necessary to leave the bicycle lane to avoid debris or hazardous conditions; or d) Other similar circumstances.

Sec 12. Yielding Right-of-Way from Bicycle Paths to Sidewalks. - Every person

riding a bicycle on a bikeway that is about to enter or cross a roadway shall yield the 11 right-of-way to all traffic on such roadway.

Sec 13. Motor Vehicles on Bikeways. - Whenever a bikeway has been established

13 on a road, any person operating a motor vehicle on such road shall not drive in the 14 bikeway except to park when parking is permitted, to enter or leave the road or 15 prepare for a turn.

Sec 14. Exercise of Due Care. - Every cyclist shall exercise due care to avoid

17 colliding with any pedestrian, or any person operating a bicycle or other device propelled by human or animal power, upon any road, and shall give warning by 19 sounding the horn when necessary and shall exercise proper precautions upon 20 observing any child or any incapacitated person upon a road.

Sec 15. Bicycle Lane Network to Link Cities and Municipalities. - The Departments

22 of Transportation (DOTr), Public Works and Highways (DPWH), Interior and Local 23 Government (DILG), Metro Manila Development Authority (MMDA) and the Local Government Units (LGUs) shall plan and construct an interconnecting bicycle lane network to link cities and municipalities and pursue similar approaches towards a sustainable and low carbon emission transport system.

Sec 16. Penalties. - Any person who violates any of the provisions of this Act

shall be subject to the penalty of a fine of not less than Five Hundred Pesos (P500.00) but not more than One Thousand Pesos (P1,000.00). If such violation causes damage 30 or injury to persons or property then the appropriate provisions of the Civil Code and 31 the Revised Penal Code shall take effect.

Sec 17. Implementing Rules and Regulations. - The DOTr, DPWH, DILG, MMDA,

2 and the local government units (LGUs) shall coordinate and formulate the rules and regulations necessary to implement the provisions of this Act within ninety (90) days from the effectivity of this Act.

Sec 18. Appropriations. - The amount necessary for the implementation of this

6 Act shall be charged to the appropriations or funds of the implementing agencies and 7 LGUs.

Sec 19. Separability Clause. - If any portion or provision of this Act is declared

unconstitutional, the remainder of this Act or any provision not affected thereby shall remain in force and effect.

Sec 20. Repealing Clause. - Any law, presidential decree or issuance, executive

order, letter of instruction, rule or regulation inconsistent with the provisions of this 13 Act is hereby repealed or modified accordingly.

Sec 21. Effectivity. - This Act shall take effect fifteen (15) days following its

complete publication in a newspaper of general circulation. Approved,