HOUSE OF REPRESENTATIVES,
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _5865

EXPLANATORY NOTE

‘This commendable bill had been filed in the past Congress and the present proponent
is acknowledging the wisdom and hard work of his predecessors.

Before the COVID-19 pandemic, bicycles were only used in local neighborhoods and
rural areas and seldomly used in major roads due to the inadequate infrastructures which are
conducive to biking. Other modes of public transportation such as public utility vehicles, city
and provincial buses, and the railways are commonly crammed during rush hours — a
discouraging sight for the commuting public.

During the outbreak of the COVD-19 pandemic, the government implemented travel
restrictions to limit the people’s movement to curb the spread of this communicable disease.
‘The shutdown of public transportation and the limited options for essential workers forced them
to the use of bicycles going to and from work. Hence, the pandemic created a momentum for
the use bicycles. Around the world, bicycles are more common than cars. The use of bicycles
is popular in many countries like Netherlands, Denmark, Japan, Finland, Belgium, and Chi

In 2020, around 2.1 million bikes were imported to the Philippines. An SWS survey
last November 2020 showed 85% of Filipinos agree that their city or municipality will be a
great place for cycling and walking, while 87% of Filipinos agree that their local roads will be
better when cycling and walking will be prioritized over private vehicles.' Riding a bicycle is
a healthier and greener alternative mode of transportation. It promotes health and well-being;
it produces no carbon emissions - thus, it is environmentally friendly - and it promotes leisure.

‘This bill seeks to institutionalize the use of bicycles as a regular mode of transportation.
‘The advantages of the use of bicycles warrant the establishment of safer cycling infrastructures
and facilities for the public, and the provision of equal rights among road users and incentives
for the use of bicycles. With this bill, it is endeavored that more people will be encouraged and
feel safer to use bicycles as a regular mode of transportation.

In view of the foregoing, the urgent passage of this meas ht.

JOSEPH GILBERT F. VIOLAGO.

* net /eww.sws.org.ph/swsmain/artldisppage/artesyscode=ART-20210129222939


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _5865

Introduced by Representative Joseph Gilbert F. Violago

AN ACT
INSTITUTIONALIZING THE USE OF THE BICYCLE AS A
REGULAR MODE OF TRANSPORTATION, DEFINING THE RIGHTS OF
BICYCLE RIDERS, ESTABLISHING APPROPRIATE INFRASTRUCTURE AND

ATIES, APPROPRIATE FUNDS THEREFOR,
AND FOR OTHER PURPOS

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

SEC. 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 to
promote the general welfare and social justice in all phases of national 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 and develop the patrimony of the nation,
the State shall:

a) Prioritize the welfare and safety of the commuting public, especially pedestrians,
cyclists, women, elderly, persons with disabilities, and children;

b) Promote a shift towards a safe, collective, efficient, non-congestive, non-pollutive, and
healthful locomotion and transportation system that includes the use of bicycles;

) Ensure that the needs and safety of all road users, particularly the pedestrians and
cyclists, are fully integrated into the planning, design, operation, and maintenance of
the country's transportation system and infrastructure; and

4) Establish its plans and programs in conformity with the overall national land use plan
as well as the local comprehensive land use plans.

SEC. 3. Definition of Terms. — For the purposes of this Act, the term:

a) “Bicycle or bike” shall refer to a non-motorized vehicle consisting of a light frame
mounted on two wheels, one behind the other, and having a seat, handlebars for
steering, brakes and two pedals;

b) “Bicycle lane or bike way” shall refer to any longitudinal s
passage of a bicycle or other personal mobility device;

ips designated for the


©) “Cyclist or PMD user” shall refer to a person who drives or operates a bicycle or any
other PMD, respectively;

4) “Motor vehicle” shall refer to any vehicle driven by a motor or engine and operates on
a road or highway,

€) “Personal Mobility Devices (PMD)” shall refer to devices upon which any person may
ride and is propelled either solely or assisted by human power. which shall include
bicycles, personal assistive mobility devices, scooters, skateboards, and the like;
Provided, that for purposes of this act, a PMD shall not weigh more than 100 kilograms;

f) “Road” shall refer to a facility used for the movement of vehicles, pedestrians, and
other conveyances; and

g) “Slow street” shall refer to a street or road wherein the minimum width prescribed for
bicycle lanes may not be feasible, and where speed limits at low levels shall be required
among motor vehicles to allow for safe mixing with bicycle traffic.

SEC. 4. Coverage. — For purposes of this act, provisions pertaining to bicycles and cyclist
shall likewise apply to personal mobility devices and their users.

SEC. 5. Inclusion of Bicycle as Regular Mode of Transportation in the National
Transportation Plan. — Within six (6) months from the issuance of rules and regulations
implementing the provisions of this Act, the Department of Transportation (DOTr), in
coordination with the Department of Public Works and Highways (DPWH) and National
Economic and Development Authority (NEDA), shall come up with a National Bike Program
(Program). The Program shall provide a roadmap for national and local bicycle transportation
system to be adhered to at all levels throughout the country.

The Program shall include the plans and strategies for the construction, provision and
maintenance of bicycle lanes, parking areas and other support facilities. It shall also provide
for the standards for bicycles and regulations for the exercise and protection of rights of
cyclists.

SEC. 6. Local Bicycle Office. — A Local Bicycle Office (LBO) is hereby created in every
city or municipality and shall have 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;

©) Ensure that bicycle lanes are free of any obstruction that can compromise the
safety of cyclists and pedestrians;

4) Enforce the establishment of bicycle parking and other related facilities;

©) Encourage partnership with local and foreign organizations to facilitate easy
access to bicycles; and

f) Conduct education and information drives on the benefits of using bicycles in
coordination with the Land Transportation Office (LTO) and the Health


Promotion Bureau of the Department of Health in order to promote the usage
of the same.

The staffing pattern of the LBO shall be determined by the city or the municipality
concerned.

SEC. 7. Designation of Bicycle Lanes. — There shall be designated bicycle lanes in all
primary and secondary roads for the exclusive use of cyclists,

The bike lanes shall be separated by physical barriers and shall be clearly identified with signs
or pavement markings. In the planning, configuration, and establishment of bicycle lanes, the
national and local governments shall thoroughly consider existing traffic levels and behaviors
of the particular road or street, adequate safety buffers to protect cyclists from parked and
moving vehicles, and enforcement to prohibit motorized vehicle encroachment and double
parking, In cases where the installation of a physical barrier is not feasible due to limited space,
the lane for bicycles shall be identified through striping, signage, and pavement markings with
reflectorized paint. Existing car lanes shall be converted to bicycle lanes whenever necessary

‘The national government and all local governments shall ensure that slow streets are likewise
present wherever bicycle lanes are not feasible. For this purpose, the LBO and LBO shall
evaluate and recommend candidate road and streets and facilitate their transition into slow
streets within thirty days after effectivity of this,

Designation of bicycle lanes shall in no way take away or diminish the right of cyclists to use
public roads outside of said lanes, provided that cyclists observe applicable traffic rules and
regulations.

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 should be secure, visible, accessible, and segregated from pedestrians and
motor vehicles.

SEC. 9. Other Related Bicycle Facilities. — n addition to the bike lanes and bike parking,
the following related facilities shall be provided to ensure that cyclists and their bicycles can
travel safely and to lessen if not avoid collision incidents with pedestrians and other vehicles:

a) Sidewalk improvements;

») Traffic calming and speed reduction improvements;
©) Pedestrian and bicycle crossing improvements;

d) Traffic signage pertaining to bicycles;

€) Off-street pedestrian and bicycle facilities; and

{) Traffic diversion improvements.



SEC. 10. Bike Parks. —Each city or municipality, through the LBO and the City or Municipal
Engineer's Office, shall create and establish a bicycle park where facilities such as but not
limited to bikeways, bicyele parking areas and similar infrastructure are available. The bicycle
parks shall be funded by the local government unit (LGU) concerned by allocating thirty
percent (30%) of their respective revenues raised from the miscellaneous activities like
parking and license fees.

SEC. 11. 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 public road or street;

c. the rights granted to drivers of motorized vehicles, except those that by their
nature are inapplicable; and

the right to be protected from street harassment or any other conduct, whether
from public agents or private persons, that violates Republic Act 11313 or the
“Safe Spaces Act” and other applicable laws and regulations.

SEC. 12. Equal Right to Use The Road; Hierarchy of Road Users. All roads and streets being
shared spaces, every road user shall have the equal right to use the road along with other users.

Pursuant to the principles of protecting the most vulnerable road users and promoting
sustainable modes of transport, the following hierarchy of road users shall be observed:

1) Pedestrians and persons with disabilities;
2) Cyclists and other users of pmds;

3) Public transport

4) Motoreyelists;

5) General traftic.

All government agencies shall likewise consider this hierarchy in road infrastructure planning,
and use planning, formulation of rules and regulations on road use, and other related activities.

SEC. 13. Obligations and Responsibilities of Cyclists. — Every cyclist and PMD user must
comply with the following duties and obligations:

a) Obedience to the applicable traffic rules and traffic signs and to drive
responsibly with extreme care and caution at all times;

b) Atall times and before mounting to drive a bicycle, ensuring that the same is
fully equipped and in good running condition; and

©) While riding a bicycle, ensuring that he or she is equipped with basic protective
gear. This may include pads, helmet and other accessories such as reflectors
and lightings. For this purpose, the national government, local (governments,
and employers are highly encouraged to provide protective gear for the public
and their employees, respectively.



SEC. 14. Limitations on the Use of Bicycles. —'the use of bicycles and other PMDS shall
be subject to the following limitations and such other limitations as may be provided in the
National Bike Program:

a) No bicycle shall carry more persons than 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 bicycle or vehicle while in
the designated bikeway, and

©) No person shall operate a bicycle or any other PMD at a speed greater than what
is reasonable and prudent under the prevailing conditions. Cyclists and other P
MD users shall observe the speed limits at all times.

SEC. 15. Yielding Right-Of-Way. — Motorists shall yield the right of way to cyclists. Every
motorist who is about to enter or cross a roadway shall yield the right of way to cyclists.

SEC. 16. Overtaking of Motor Vehicles. — In the case of bicycle lanes not secured by
physical barriers, the driver of a motor vehicle overtaking and passing a bicycle that is
travelling in the same direction shall maintain a minimum overtaking distance of one and a
half (1.5) meters between any part of the motor vehicle he or she is driving and any part of the
bicycle or its eyclist.

SEC. 17. Prohibition on the Use of’ Bicycle Lanes by Motor Vehicles, Exceptions. -
Whenever a bicycle lane or bikeway has been established on a road, no motor vehicle shall be
driven on such bikeway, except when necessary to enter or leave such road or to make a turn,

SEC. 18. "Bike to Work" Program. - The DOTr shall establish a program that gives
incentives to private and government offices that encourage their employees to ride their
bicycles to work by providing bicycle facilities such as lockers and showers within their
establishments.

SEC. 19. Incentives. - In order to encourage the use of bicycle as a regular mode of
transportation, this Act grants the following tax reliefs and benefits:

a) Employees who shall regularly and mainly use bicycles as means of transport
to and from their places of work shalll be entitled to an annual tax deduction of
‘Ten Thousand Five Hundred Pesos (P10,500.00) from their gross income. The
said tax deduction shall be reviewed and updated every three (3) years by the
DOTr;

b) Expenses incurred by employers or schools in providing their employees ot
students by way of benefits, bicycles, related equipment and bike-friendly
facilities shall be deductible in frill from their gross income;

) Expenses incurred by companies, business establishments, and other
institutions by reason of their bike-friendly program-us and facilities such as
secure parking spaces, showers, and repair stations shall be deductible in full
from their gross Income;



4) Bicycles granted by employers to its managerial and supervisory employees in
compliance with this Act shall not be taxable as fringe benefits as provided
under Republic Act 8424, as amended.

For purposes of this Act, the qualified persons, companies, institutions desiring to avail of the
benefits of this Act shall substantiate their claim for incentives with sufficient evidence, such
as logbook entries, official receipts, affidavits or other adequate records.

SEC. 20. Financing. - The DOTr, in coordination with the Department of Environment and
Natural Resources (DENR), shall explore the possibility of accessing a growing range of
global environment funds in order to be able to assist in the funding of sustainable public
transport systems and less polluting energy supplies.

SEC. 21. Grants. - In carrying out the provisions of this Act, the Secretary of DOTr may
extend grants to local government units and non-governmental organizations that the Secretary
may determine suitably equipped and organized to carry out the objectives and requirements
of this Act.

SEC. 22. Observance of the Carless Day. — Yo promote the use of bicycles, the country shall
participate in the annual celebration of World Car-Free Day every second Sunday of
September and observe the 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. 23. Penalties. — The following penalties shall be imposed upon the persons who act in
violation of this Act:

a) 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 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 work official who
is duty-bound to mark the existing main roads and highways but refuses or fails to do
so.

©) Any person who shall violate Section 17 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:


iii.) A fine of Fifteen Thousand Pesos (P15,000.00) and suspension of driver's
license for three (3) months for the third offense: and

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 tine herein imposed
once Twenty-five (5) years in the amount not exceeding ten percent (10%) of the existing rates
which shall take effect only upon publ in at least two (2) newspapers of general
circulation,

‘The foregoing penalties shall be imposed without prejudice to other liabilities under the RPC
or any special law, arising out or on occasion of any violation of the abovementioned section,
when applicable.

SEC. 24. Bicycle Awareness Program. — The Secretary of DOTr, in cooperation with
Department of Education (DEPED), Commission on Higher Education (CHED) and the
LGUs, shall establish an educational program to increase awareness on bike safety and road
sharing, The program shall be designed for traffic enforcers, motorists, cyclists and the
‘commuting public. The program shall include:

a) Traffic education and enforcement;
b) Motorist awareness and road-sharing; and
©) Bicycle and pedestrian safety.

SEC. 28. Nationwide Public Information Campaign. — The DOTr, through the LTO, in
coordination with the Philippine Information Agency (PIA), DEPED, CHED, Department of
the Interior and Local Government, Metropolitan Manila Development Authority, Philippine
National Police and private agencies and organizations, shall undertake a nationwide
information, education and communication campaign for a period of six (6) months from the
promulgation of the rules and regulation implementing the provisions of this Act.

SEC. 26. Appropriations. —The DOTr, LGUs and other implementing agencies shall provide
from their current appropriations, if available, such amount as may be necessary to initiate the
programs under this Act.

‘Thereafter, such amount as may be necessary for the continued implementation of this Act
shall be included in the respective budgets of the offices or agencies concerned in the annual
General Appropriations Act.

SEC. 27, Implementing Rules and Regulations (IRR). — Not later than thirty (30) days after
this Act takes effect, a Committee shall be convened to formulate the IRR of this Act. The
‘Committee shall be composed of the following:

a, The Secretary of Transportation or his or her authorized representative, who
shall serve as Chairperson of the Committee;


b. A representative from the DPWH;

e.

f.

A representative from the DENR:
A professor from the University of the Philippines School of Urban and
Regional Planning,

‘Two (2) representatives from various bicycle organizations; and

A representative from the MMDA.

Within six (6) months following the effectivity of this Act, the Secretary of Transportation
shall promulgate the IRR of this Act,

SEC. 28. Separability Clause. If any portion or provision of this Act is dectared invalid or
unconstitutional, the remaining parts or provisions not affected thereby shall remain in full
foree and effect.

SEC. 29. 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 here by repealed, amended, or modified accordingly.

SEC. 30. Effectivity, — This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation,

Approved,