Motorcycles-for-hire Act

i offin of tie decency TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 JUL 10 P1:58 First Regular Session SENATE RECEIVED SY S. No. — Introduced by Senator Ronald "Bato" Dela Rosa AN ACT RECOGNIZING MOTORCYCLES AS PUBLIC UTILITY VEHICLES, AMENDING FOR THIS PURPOSE REPUBLIC ACT NO. 4136, OTHERWISE KNOWN AS THE "LAND TRANSPORTATION AND TRAFFIC CODE" AND REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS THE "LOCAL GOVERNMENT CODE", AS AMENDED, AND FOR OTHER PURPOSES EXPLANATORY NOTE An efficient public transportation system is one of the basic needs in an orderly and progressive country. The safety, convenience, and satisfaction of the commuting public should be the primordial concern of the Government, vis-a-vis road safety measure policies. In the Philippines, persistent issues such as the perennial road traffic congestion, limited accessibility, and affordability continue to burden the commuters. Amid these challenges, motorcycles-for-hire have emerged as one of the efficient and reliable modes of transportation in the country. They provide safe and convenient way to traverse congested urban areas, as well as unserved and underserved rural areas where traditional public transport is often unavailable. However, in spite of their contribution to our public transportation system, motorcycles-for-hire remains to be without formal legal recognition as public utility vehicles (PUV). This proposed legislation seeks to bring motorcycles into the formal transportation network and recognize them as a legitimate PUV. They will be under

the regulation of the Land Transportation Franchising and Regulatory Board (LTFRB). Under this measure, the LTFRB will be mandated to ensure the safety of the riders and passengers while also promoting accountability and professionalism within the sector. In line with the flexibility they offer to the public, motorcycles-for-hire will be allowed to be operated independently by the owner of the motorcycle, or made through a network or digital transport vehicle service under the proposed bill. This legislative proposal has been introduced in the previous Congresses and has been the subject of multiple Technical Working Groups but failed to get a go signal to be enacted into law. Notwithstanding this, our motorcycles-for-hire community could see beyond the traffic and is positive of getting to their destined location, knowing the value service they bring as an alternative public utility. The proposed measure is our way of recognizing the vital role that the motorcycles-for-hire plays in our transportation system. We hope that this time, the Congress, like the motorcycles, will be more efficient in delivering this bill to the finish line - the President's desk for his signature. For these reasons, the immediate passage of this bill is earnestly sought. RONALD "BATO" ' DELA ROSA

«Oin of te mir clic TWENTIETH CONGRESS OF THE JUL 10 P1:58 REPUBLIC OF THE PHILIPPINES First Regular Session RECALD SENATE S. No. — Introduced by Senator Ronald "Bato" Dela Rosa AN ACT RECOGNIZING MOTORCYCLES AS PUBLIC UTILITY VEHICLES, AMENDING FOR THIS PURPOSE REPUBLIC ACT NO. 4136, OTHERWISE KNOWN AS THE "LAND TRANSPORTATION AND TRAFFIC CODE" AND REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS THE "LOCAL GOVERNMENT CODE", AS AMENDED, AND FOR OTHER PURPOSES 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 "Motorcycles-for-Hire

2 Act."

Sec. 2. Declaration of Policy. - It shall be the policy of the State to provide basic

4 transport services to the people, to advocate for their safety, and to promote their 5 general welfare. Toward this end, the use of motorcycles-for-hire as an alternative 6 mode of public transportation is hereby recognized and regulated in order to provide 7 mobility in unserved and underserved rural areas, as well as traffic congested urban 8 centers.

Sec. 3. Section 3 of Republic Act No. 4136 is hereby amended by adding new

10 words which shall be defined as follows: "Section 3. Words and phrases defined. - As used in this Act: xXX (N) MOTORCYCLE-FOR-HIRE - ANY TWO-WHEELED MOTOR VEHICLE USED AS A MEANS OF PUBLIC TRANSPORTATION AND

CARGO REGISTERED WITH THE LAND TRANSPORTATION OFFICE OR THE LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD (LTFRB); PROVIDED THAT FOR TRANSPORTING PASSENGERS, THE MOTORCYCLE SHALL HAVE A MINIMUM ENGINE DISPLACEMENT OF 125 CUBIC CENTIMETERS AND A BACKBONE TYPE BUILT. MOTORCYCLES-FOR-HIRE MAY BE OPERATED INDEPENDENTLY BY THE OWNER OF THE MOTORCYCLE, OR MADE AVAILABLE THROUGH A NETWORK OR DIGITAL TRANSPORT VEHICLE SERVICE (TNVS)."

Sec. 4. Section 7 (d) of Republic Act No. 4136 or the Land Transportation and

12 Traffic Code is hereby amended to read as follows: "Sec. 7. Registration Classification. - Every motor vehicle shall be registered under one of the following described classifications: (a) xxx (b) xxx (c) XXX (d) Public utility automobiles; (e) public utility trucks; (f) taxis and autocalesas; (g) garage automobiles; (h) garage trucks; (0) hire trucks; [and] (j) trucks owned by contractors and customs brokers and customs agents [.]; AND (K) MOTORCYCLES-FOR-HIRE. Application for registration under these classifications shall be accompanied by a certificate of public convenience or a special permit issued by the [Public Service Commission] LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD (LTFRB), and motor vehicles registered under these classifications shall be subject to the Public Service Law, rules and regulations, as well as the provisions of this Act: PROVIDED, THAT MOTORCYCLES-FOR-HIRE OPERATING STRICTLY WITHIN THE TERRITORIAL JURISDICTION OF A LOCAL GOVERNMENT UNIT, WHETHER THESE MOTORCYCLES BELONG TO A TRANSPORT NETWORK, OR ARE MEMBERS OF LOCAL COOPERATIVE OR CORPORATION, OR ARE INDIVIDUAL OWNERS/ OPERATORS OF THE MOTORCYCLE, SHALL BE SUBJECT TO THE PROVISIONS OF

SECTION 447 (3) (V I) AND SECTION 45 8 (3) (VI) OF REPUBLIC

ACT NO. 7160. xxx."

Sec. 5. Section 447 (3) (VI) of Republic Act No. 7160 is hereby amended to

read as follows: "XXX

(vi) subject to the guidelines prescribed by the [Department of Fransportation and Communications] LTFRB, regulate the operation of tricycles AND MOTORCYCLES-FOR-HIRE AS PUBLIC TRANSPORT OPERATING STRICTLY WITHIN THE TERRITORIAL JURISDICTION OF A LOCAL GOVERNMENT UNIT, WHETHER THESE MOTORCYCLES BELONG TO A TRANSPORT NETWORK, OR ARE MEMBERS OF LOCAL COOPERATIVE OR CORPORATION, OR ARE INDIVIDUAL OWNERS/OPERATORS OF THE MOTORCYCLE, and grant franchises for the operation thereof within the territorial jurisdiction of the municipality; XXX"

Sec. 6. Section 458 (3) (VI) of Republic Act No. 7160 is hereby amended to

read as follows: "(vi) subject to the guidelines prescribed by the [Department of Transportation and Communications] LTFRB, regulate the operation of tricycles AND MOTORCYCLES AS PUBLIC TRANSPORT OPERATING STRICTLY WITHIN THE TERRITORIAL JURISDICTION OF A LOCAL GOVERNMENT UNIT, WHETHER THESE MOTORCYCLES BELONG TO A TRANSPORT NETWORK, OR ARE MEMBERS OF LOCAL COOPERATIVE OR CORPORATION, OR ARE INDIVIDUAL OWNERS/OPERATORS OF THE MOTORCYCLE, and grant franchises for the operation thereof within the territorial jurisdiction of the city; XXX"

Sec. 7. Roadworthiness of Motorcycles-for-hire. - The Land Transportation

Office (LTO) shall ensure the roadworthiness of motorcycles for-hire by requiring emission testing and other safeguards before registration and each renewal. No modification shall be made thereafter on motorcycles-for-hire, except the possible installation of a luggage carrier, saddlebag, step board or foot peg, and an appropriate speed limiter and monitoring device in accordance with LTO guidelines.

Sec. 8. Liability and Diligence. - Motorcycles-for-hire are hereby declared as

common carriers for purposes of determining the liability and degree of diligence to be observed in the course of transporting goods or passengers, and the presumption of negligence in the breach of contract shall likewise apply, as provided in existing laws, rules and regulations.

Sec. 9. Driver's Safety. - In accordance with Section 23-A of the Land

Transportation and Traffic Code, as amended, the LTO shall impose the necessary

1 requisites for issuance of licenses to the driver applicants, including theoretical 2 training, practical testing, and health examinations. Further, safety helmets should be 3 provided as required by law.

Sec. 10. Insurance. - In addition to driver's and motor vehicle insurance, the

5 LTO shall require the insurance coverage of passengers and cargo of motorcycles-for- hire.

Sec. 11. Repealing Clause. - All other laws, acts, presidential decrees, executive

8 orders. Issuances, presidential proclamations, rules and regulations or parts thereof, 9 which arc contrary to and inconsistent with any provision of this Act, are hereby repealed, amended, or modified accordingly.

Sec. 12. 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. 13. Effectivity. - This Act shall take effect after fifteen (15) days following

the completion of its publication either in the Official Gazette or in a newspaper of general circulation in the Philippines. Approved,