PERSE REPRESENT ARIES

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jf bate 30 Jun 201g
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Republic of the Philippines i . |
HOUSE OF REPRESENTATIVES {| |
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Quezon City

REGISTRATION UxIT

17" CONGRESS BILLS AND INDEX SERVICE

First Regular Session

HOUSE BILL NO. 279

Introduced by REP. EVELINA G. ESCUDERO_

EXPLANATORY NOTE

This bill seeks to prohibit tricycles to ply along the national highways and provide penalties
for violation thereof.

Section 447 (3) (vi) and Section 458 (3) (vi) of Republic Act No. 7160, otherwise known as
the “Local Government Code of 1991,” vest the sangguniang bayan and the sangguniang panlungsod
with the authority to regulate the operation of tricycles and to grant the franchise for their operation
within their respective territorial jurisdiction, subject to the guidelines prescribed by the Department
of Transportation and Communications (DOTC).

Under the guidelines issued by the DOTC, as reiterated under the Department of the Interior
and Local Government Memorandum Circulars Nos. 2011-68 and 2007-07, tricycles are prohibited to
ply along the national highways utilized by 4-wheel vehicles greater than 4 tons and where normal
speed exceed 40 kilometers per hour. If there is no alternative route or road network available, such
as routes beyond the town proper, however, the sangguniang bayan and sangguniang panlungsod,
shall provide exception through the enactment of an ordinance.

It appears, however, that there are still many sangguniang bayan or sangguniang panlungsod
which fail to regulate or enact the ordinance to effectively ban tricycles along national roads. ‘The
unregulated tricycle operations pose hazards to commuters and tricycle drivers themselves that so
often lead to loss of lives. Further, the presence of tricycles along the national highways where there
are buses, jeepneys, cars and other motor vehicles impedes the flow of traffic.

Through this proposed measure, the operation of tricycles will be effectively banned along
the national highways, subject to the exceptions as may be provided by the sanggunian bayan or
sangguniang panlungsod when there is no alternative route or road network available. Further, under
this bill, the punong barangay shall be authorized to strictly enforce the tricycle ban.

‘To ensure the safety of commuters and pedestrians, approval of this bill is earnestly sought.

_ Ciuc)

EVELINA G. ESCUDERO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

17" CONGRESS
First Regular Session

279

HOUSE BILL NO.

Introduced by REP. EVELINA G, ESCUDERO

AN ACT
PROHIBITING TRICYCLES TO PLY ALONG THE NATIONAL HIGHWAYS AND.
PROVIDING PENALTIES FOR VIOLATION THEREOF

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Tricycles are prohibited to ply along the national highways utilized by
4-wheel vehicles greater than 4 tons and where normal speed exceed 40 kilometers per hour.
If there is no available route or road network, the sangguniang bayan or sangguniang
panlungsod shall provide an exception through the enactment of an ordinance

Any tricycle driver who violates the provision of this Act shall be punished by a fine
of not less than five hundred pesos (P500.00) but not more than two thousand pesos
(2,000.00) or the impoundment of the tricycle by an enforcement ageney for a period of
one (1) week .

SEC. 2, The punong barangay shall strictly enforce the tricycle ban as provided
under Section | of this Act, in accordance with the mandate under Section 389 of Republic
Act No, 7160, as amended, otherwise known as the “Local Government Code of 1991” to
enforce all laws and ordinances which are applicable within the barangay.

Any elective punong barangay who fails to strictly enforce the tricycle ban shall
suffer the penalty of suspension for six (6) months to twelve (12) months with forfeiture of
salaries and allowances.

SEC. 3. Alll laws, decrees orders, rules and regulations and other issuances or parts
thereof which are inconsistent with the provisions of this Act are hereby repealed, amended
or modified accordingly.

4, This Act shall take effect fifteen (15) days after its publi
Gazette or in a newspaper of general circulation.

Approved,