HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH (18™) Congress
First Regular Session

HOUSE BILL NO. 3401

Introduced by Rep. Bernadette Herrera-Dy

AN ACTMANDATING ALL BUSES, TRUCKS, AND OTHER HEAVY VEHICLES TO
UNDERGO PREVENTIVE MAINTENANCE WITH THEIR RESPECTIVE COMPANIES AND
MONTHLY INSPECTIONS WITH THE LAND TRANSPORTATION OFFICE (LTO) TO
PREVENT ACCIDENTS DUE TO MECHANICAL MALFUNCTION/FAILURE AND TO
ENSURE ROAD SAFETY

Explanatory Note

The Decade of Action for Road Safety (2011-2020) was declared by the United Nations in 2010.
The resolution urged member states to take steps toward safer roads and mandated the World
Health Organization (WHO) to monitor the efforts taken. Unfortunately, as the decade comes to
a close, road accidents seem to surge more than it should. According WHO, road crashes kill
more than 1.2 million people every year, costing governments about 3% of their gross domestic
product. In the Philippines, the Department of Public Works and Highways recorded 1,513
deaths in 2013. However, WHO estimated that the actual number could be as high as 10,379.
The Department of Health also stated that road crashes are likely to claim the lives of 300,000
Filipinos by 2020

From 2015 to 2017, the Land Transportation Office (LTO) registered 10,410,814 motor vehicles.
Thus, there is a need to effectively monitor the vehicles that crowd our roads. The PNP-
Highway Patrol Group (PNP-HPG), Metropolitan Manila Development Authority (MMDA), and
Philippine Statistics Authority (PSA) determined that vehicle defects or mechanical troubles
such as brake failure are leading causes of road accidents. Other mechanical problems include
worn-out/under-inflated tires, suspension and steering issues, headlighttail light malfunction,
engine and transmission problems, and faulty windshield wipers. Although these defects can be
dangerous, it is important to note that these are actually preventable.

Specifically, heavy vehicles must be regularly maintained because these can be dangerous
road hazards when caught up in accidents. Last April 19, 2017, thirty-one passengers died and
forty-six people were injured when an overloaded mini-bus zoomed into a 100-foot ravine in
Carranglan, Nueva Ecija. The police blamed tire explosion and brake matfunction for the bloody
road accident. Last May 7, 2019, an AMV Travel and Tours bus had a head-on collision with a
10-wheeler truck loaded with wood, in Barangay Sta. Catalina in Atimonan. It was reported that
over 70 people were hurt in the incident. The passengers claimed that the bus tried to overtake
car and lost control of the brakes, then slammed into an approaching truck. These accidents
prove that there is a great need for brakes, tires, and engines to be regularly checked to ensure
the safety of drivers, passengers, and other road users.

Performing regular inspection on a vehicle's brake system will signify early signs of failure such
as brake fluid leaks and overheating. While drivers should maintain and inspect their vehicles
regularly, it is also the responsibility of owners and companies of buses, trucks, and other heavy
vehicles to oversee this. Companies must be liable and must require daily routine tune-ups and
preventive maintenance of vehicles that they own. At the same time, the Land Transportation
Office (LTO) must be involved in ensuring that these vehicles are legitimately safe for travel.

To this end, the state shall pursue a policy mandating buses, trucks, and other heavy vehicles to
undergo preventive maintenance with their respective companies and monthly inspections with


the Land Transportation Office (LTO) to prevent accidents due to mechanical malfunction and to
ensure road safety.

In view of the foregoing, the passage of this bill is earnestly sought.

BERN HERERRA-DY


HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH (18") Congress
First Regular Session

HOUSE BILL NO. 3401

Introduced by Rep. Bernadette Herrera-Dy

AN ACTMANDATING ALL BUSES, TRUCKS, AND OTHER HEAVY VEHICLES TO
UNDERGO PREVENTIVE MAINTENANCE WITH THEIR RESPECTIVE COMPANIES AND
MONTHLY INSPECTIONS WITH THE LAND TRANSPORTATION OFFICE (LTO) TO
PREVENT ACCIDENTS DUE TO MECHANICAL MALFUNCTION/FAILURE AND TO
ENSURE ROAD SAFETY

Section 1. Short Title. This Act shall be known as “Heavy Vehicle Preventive Maintenance Act
of 2019.”

Section 2. Declaration of Policy. The state shall prioritize the safety of its citizens and regulate
public transportation. To ensure public safety, the government shall ensure road worthiness of
vehicles and maintain effective precautionary measures. The government shall pursue a policy
mandating buses, trucks, and other heavy vehicles to undergo preventive maintenance with
their respective companies and monthly inspections with the Land Transportation Office (LTO)
to prevent accidents due to mechanical maifunction and to ensure road safety

Section 3. Mandatory Preventive Vehicle

Maintenance of Buses, Trucks, and Other Heavy Vehicles. Buses, trucks, and other similar
heavy vehicles shall undergopreventive maintenance daily with their respective owners and
companies in accordance to their manufacturer's manual. Companies must keep records of
proof of maintenance and ensure its legitimacy. Failure to comply shall be penalized under
Section 9 of this Act.

Section 4. Mandatory Vehicle Inspection of the Land Transportation Office (LTO). Buses,
trucks, and other similar heavy vehicles shall undergo monthly system inspection from the Land
Transportation Office (LTO). The LTO shall give a certification that the vehicles are fit to travel
before being allowed to do so. With the number of vehicles for inspection, LTO shall provide
maximum effort to accommodate and to schedule inspections accordingly, coordinate with all
LTO branches, and hire the necessary personnel and/or inspectors for the purposes of this Act.

Section 5. Responsibilities and Liabilities of Companies of Buses, Trucks, and Other
Heavy Vehicles. Companies shall be ultimately liable if upon proper investigation, vehicles
under therecare are determined to cause accidents, road hazards, or traffic disturbances due to
mechanical malfunction or failure.Circumstances of mechanical failure shall be determined
under Section 6 of this Act. They shall also be responsible to submit their vehicles to inspection
by the Land Transportation Office (LTO) and to have it certified before their vehicles are allowed
to travel. They shall ensure that their practice of preventive maintenance of vehicles are
legitimate. Companies must also practice maximum effort in the proper maintenance of their
vehicles and proper education of their drivers.

Section 6. Circumstances of Mechanical Failure. Unless otherwise proven, circumstances
that are qualified as mechanical failure shall include but are not limited to the following:

a) Loss or faulty brake system
b) Weak or empty battery

©) Broken fuel fiter or engine air filter
d) Overheating of engine or radiator
e) Flat tires due to weak tire pressure


Other circumstances shall be determined by the Land Transportation Office (LTO).

Section 7. Record of Preventive Maintenance of Vehicles. Records of preventive
maintenance from companies of buses, trucks, and other heavy vehicles and certification of
inspection from the Land Transportation Office shall be kept ready for investigation. As seen
necessary for the investigation, these shall be surrendered, unless agreed otherwise, to
government personnel, legal bodies, and able courts that are tasked to investigate and
prosecute criminal activities and civil offenses.

Section 8. Education and Practical Learning on thePreventive Maintenance of Vehicles.
The Land Transportation Office (LTO), the Department of Transportation (DOTr), the
Department of Education (DepEd), the Commission Higher Education (CHED), Local
Government Units (LGUs), barangays, driving schools, and the academe shall provide an
avenue for the education and/or practical learning of the preventive maintenance of vehicles so
a to inform the public of appropriate safety measures. These may include but are not limited
tosimulations, seminars, inclusion in the curriculum, short courses, and other media.

Section 9. Penal Provisions.Any person, owner, representative, of companies of buses,
trucks, and other heavy vehicles, whose vehicle has been involved in accidents and traffic
disturbances due to faulty brake systems or any other mechanical malfunction/failure, shall be
ultimately liable. Companies shall pay a fine of five hundred thousand pesos (P500,000) and
have their business permits and licenses suspended or cancelled under relevant and
appropriate agencies, upon discretion of the court.

Section 10. Fund Sources.The amounts necessary to implement this Act shall be included in
the annual General Appropriations Act.

Section 11./mplementing Rules and Regulations. Within ninety (90) days from the effectivity
of this Act, the Land Transportation Office (LTO), the Department of Transportation (DOTR),
and Land Transportation Franchising and Regulatory Board (LTFRB) in consultation with
appropriate government agencies and other stakeholders, shall promulgate the necessary rules
and regulations to implement this Act.

Section 12. Separability Clause. If, for any reason or reasons, any part of the provision of this
Act shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not
affected thereby shall continue to be in full force and effect.

Section 13. Repealing Clause. All laws, decrees, orders, rules, and regulations, or parts
thereof, inconsistent with the provisions of this Act are hereby repealed, amended, or modified
accordingly.

Section 14. Effectivity Clause. This Act shall take effect after fifteen (15) days following its
publication in the Official Gazette and at least two (2) newspapers of general circulation

Approved,