Republic of the Philippines

2
ce

ml

HOUSE OF REPRESENTATIVES DATE 1.1 Ls
Quezon City TIME ~ #0 i

ey PEL ‘J

‘TWENTIETH CONGRESS
First Regular Session

House Bill No, 1710

Introduced by Rep. ANGELO MARCOS BARBA
2™ District, Ilocos Norte

EXPLANATORY NOTE

This Bill seeks to create an independent and non-regulatory agency
mandated to effectively investigate transportation accidents, assembling the
broad spectrum of technical expertise that is needed to solve complex
transportation safety problems on land, sea, and air, including railway and
pipeline systems.

One of the biggest challenges in our country is the occurrence of various
transportation accidents. This growing problem remains unresolved and
oftentimes, agencies tasked to investigate such accidents are faced with a lot of
criticism due to their failure to resolve such incidents.

Thus, the creation of the Philippine Transport Safety Board (PTSB) is
necessary to take the lead in conducting an impartial investigation and provide
thorough accident and incident reports that will determine the probably cause or
causes thereof. This independent body shall also provide recommendations and
conclusions to prevent future accidents, save lives, reduce injuries, and property
damages.

PTSB shalll have extensive training and experience in the respective field of
marine, air, highway and rail transportation systems, and must have adequate
knowledge in investigation, analysis, and evaluation of transportation accidents,
particularly in the field of accident reconstruction, safety engineering, or
transportation safety.

Safety in our transportation system is of primordial concern. It is indeed
envisioned that the PTSB will be an effective vehicle to ensure that all modes of
transportation in the country are conducted safely.

This initiative was motioned under the 18" Congress but was vetoed by the
President. Hence, this measure.

In view of the foregoing, the support of the Members of the Congress is
earnestly sought for the prompt passage of this bill.

ANGELON ‘COS BARBA

oA



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bil No, 1710

Introduced by Rep. ANGELO MARCOS BARBA
2™ District, Ilocos Norte

AN ACT
ESTABLISHING THE PHILIPPINE TRANSPORTATION SAFETY
BOARD, DEFINING ITS POWERS AND FUNCTIONS, AND
APPROPRIATING FUNDS THEREFOR

CHAPTERI
GENERAL PROVISIONS

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

SECTION 1. Short Title. - This Act shall be known as the “Philippine
Transportation Safety Board Act.”

SECTION 2. Declaration of Policy. ~It is hereby declared the policy of
the State to maintain a safe, viable, efficient, and dependable transportation
system as it plays an important role in nation-building and in promoting
economic growth.

Consistent with this policy, the State recognizes the importance of
preventing transportation accidents, thereby saving lives and property, by
promoting transportation safety. Towards this end, there is a need to establish
a government agency tasked with promoting safety and efficiency in the
transportation of people, property, and goods, and conducting investigations
to determine the cause of transportation accidents.

CHAPTER IT
CREATION

SECTION 3. Philippine Transportation Safety Board. ~ There is hereby
created a Philippine Transportation Safety Board (PTSN), a non-regulatory
and independent agency to implement the foregoing policies of the State. The
PTSB shall be an independent agency under the Office of the President and
shall develop appropriate safety standards to be followed and implemented by
concerned agencies.

It shall have the following objectives:


(a) Improve transportation safety measures in order to prevent
transportation accidents or mitigate dangers to human lives and
property; and

(b) Ensure the implementation of transportation safety standards.

The PTSB shall be the primary government body that shall investigate and
determine the facts, conditions, circumstances, and the causes of any major or
fatal air, maritime and land transportation accident, or threat of a major or
fatal air, maritime or rail accident. Accidents involving aircrafts, vessels, and
vehicles operated by the Armed Forces of the Philippines (AFP), or occurring
within military sites in the Philippines, or those involving solely aircrafts,
vessels, and vehicles of the armed forces of any foreign country occurring in
the Philippines shall be the responsibility of the AFP.

SECTION 4. Jurisdiction. - The PTSB shall have jurisdiction over all
major or fatal transportation accidents or those of alarming nature resulting
in serious physical injury or loss of life or property or causing substantial
damage to or destruction of property or surroundings.

‘A major or fatal transportation accident shall include:

(a) Capsizing or grounding of a ship or marine vessel;

(b) Collision of ships or vessels;

(c) Air crash or collision of aircrafts;

(a) Overshooting or emergency landing of an aircraft;

(e) Vehicular crash or collision of motor vehicles; and

(f) Derailment of trains,

The jurisdiction of the PTSB shall extend to similar accident or incident
with alarming magnitude such as, but not limited to:

(a) Contamination of air or water due to pipe leakage; and
(b) Failure or defect of transportation infrastructure facilities.

SECTION 5. Powers and Functions of the PTSB. — The PTSB shall have
the following powers and functions:

(a) Evaluate and harmonize transportation safety standards with
international safety standards of applicable conventions, treaties, and
best practices in transportation safety including those developed by
transportation agencies, and recommend its implementation to all
sectors of Philippine transportation.


(b) Conduct hearings and investigations concerning any major or fatal
transportation accident, and conduct special studies on matters
pertaining to safety in transportation: Provided, That the Board shall
not be prevented from making further inquiries on accidents subject of
past investigations and shall require the investigating bodies to submit
the pertinent records, reports, findings, and recommendations:
Provided, further, That other agencies mandated to investigate
concurrently such accidents shall coordinate with, cooperate with, and
extend its full support to the Board during the conduct of
investigation;

(©) Require the involvement or collaboration of the members of the
academe and the non-government organizations in investigations
requiring their expertise and knowledge;

(d) Recommend to the concerned government agencies and private
organizations the adoption of transportation safety standards and
measures that will improve transportation safety;

(c) Prepare written reports regarding its investigations and special
studies, including the findings and safety recommendations thereon
and make such reports available to the public; and

() Assess and evaluate the techniques and methods of accident
investigation and prepare and publish from time to time the
recommended procedures for accident investigations.

CHAPTER III
ORGANIZATION

SECTION 6. Composition, Qualifications, and Appointment of the
Members of the Governing Board. - The governing Board, hereinafter referred
to as the Board, shall be composed of five (5) full-time members, including a
Chairperson. All the members of the Board shall have extensive training and
experience in their respective transportation fields and each must have
adequate knowledge in investigation, analysis, and evaluation of transportation
accidents, particularly in the field of accident reconstruction, safety
engineering, or transportation safety.

‘The members shall be Filipino citizens and residents of the Philippines, at
least thirty-five (35) years of age, and persons of good moral character,
unquestionable integrity, and recognized probity and competence.

Within sixty (60) days from the effectivity of this Act, the President of the
Philippines shall appoint the first members of the Board. Any member may be
removed by the President for cause as provided for by law.

In case of incapacity or absence of the Chairperson, the members shall
choose from among themselves as acting Chairperson.


SECTION 7. Term of Office. - All members shall have a fixed term of six
(6) years. Of those first appointed, the Chairperson shall hold office for 6
years, two (2) members shall hold office for four (4) years, and the remaining
two (2) members shalll hold office for two (2) years. Upon the expiration of the
term of office of a member, the said member shall continue to serve until a
successor is appointed and qualified. Appointment to any vacancy is only for
the unexpired term of the predecessor. Such vacancy shall be filled within
sixty (60) days from the date of its occurrence.

SECTION 8. Powers and Functions of the Governing Board. - The
powers and functions of the PTSB shall be vested in and exercised by the
Board.

The Board shalll have the following powers and functions:

(a) Cite for contempt any person in case of contumacy or refusal to obey
subpoena, an order, or an inspection notice of the Board;

(b) Authorize any of its employees to enter any property where a
transportation accident has occurred, or where wreckage is found, or
where any such accident is located, and do all things necessary for the
proper conduct of investigation. The authorized employee may inspect,
at a reasonable time, records, files, processes, controls, and facilities
relevant to the investigation of such accident. Each inspection shall be
commenced and completed with reasonable promptness and the
results thereof shall be made available to the concerned parties;

(c) Enter into contracts or agreements with any person or entity as may be
necessary in the conduct of its powers and functions, including the
employment of experts on accidents under investigation;

(@) Use, when appropriate, available services, equipment, personnel, and
facilities of the other agencies and instrumentalities of the government
in the conduct of its investigation;

(e) Establish and maintain an adequately staffed laboratory and ancillary
facilities for the purpose of examining evidence obtained during the
course of its investigation;

(f) Create advisory committees composed of qualified private citizens and
government officials as may be necessary or appropriate;

(g) Authorize an autopsy to be performed and have other tests made when
necessary to investigate an accident; Provided, That local or national
laws protecting religious beliefs related to autopsies shall be observed
to the extent consistent with the needs of the accident investigation;
Provided, further, That the Board shall be provided with a copy, free of
charge, of any autopsy report performed by a national or local official;

(h) Coordinate with the carrier involved in the accident so that resources
of the carrier may be used to the greatest extent possible to carry out


the responsibilities of the PTSB;

(i) Require government agencies and persons engaged in transportation
to submit written report with respect to any matter pertinent to
transportation safety, such report to be submitted to be submitted
within a reasonable period of time as determined by the PTSB;

@) Promulgate, in coordination with the relevant law enforcement and
investigating agencies, the necessary protocols in the conduct of
investigations;

(K) Delegate any of its powers and functions to the heads of the different
bureaus, divisions, or offices of the PTSB to further facilitate the
implementation of the provisions of this Act; and

@ Accept voluntary and uncompensated services, gifts, or donations
notwithstanding any other provision of law to the contrary.

SECTION 9. Chairperson; Duties and Powers. - The Chairperson shall
be the chief executive and administrative officer of the PTSB. The Chairperson
shall:

(a) Administer oaths and issue subpoena duces tecum or subpoena ad
testificandum; Provided, That subpoenas shall be issued under the
signature of the Chairperson and may be served by any officer,
personnel, or employee of the PTSB as designated by the Chairperson;

(b) Execute and carry out policies, decisions, orders, and resolutions
approved by the Board;

(©) Direct and supervise the operations and internal administration of the
PTSB, including enforcement of disciplinary actions;

(@) Sign appointments, make temporary assignments, rotate, and transfer
personnel in accordance with law;

(e) Prepare the annual budget of the PTSB for approval by the Board;
() Supervise the expenditures of the PTSB;

(g) Delegate his/her authority, in whole or in part, to other officials of the
PTSB in accordance with Executive Order No. 292 (E.O. No. 292),
otherwise known as the Administrative Code of 1987, as amended, and
the rules and regulations of the Board; and

(h) Perform such other functions as may be authorized by the Board.

SECTION 10. Quorum. - The presence of at least three (3) members
shall constitute a quorum and the majority vote of members present shall be
necessary for the adoption of any rule, ruling, order, resolution, decision, or
other acts of the Board.


SECTION 11. Compensation. —The salary of the Chairperson and the
members of the Board shall be the same as those of the Chairperson and
members of the different Constitutional Commissions. They shall be entitled
to representation and transportation allowances under existing laws.

SECTION 12. Offices of the PTSB. - For the proper management and
effective implementation of the objectives of the PTSB, the following offices
are hereby established.

(a) Office of the Executive Director. - The PTSB shall have an Executive
Director who shall be appointed by the President of the Philippines
upon recommendation of the Board. The Executive Director must be at
least thirty-five (35) years of age at the time of appointment, a member
of the Philippine bar, and engaged in the practice of law for at least ten
(10) years prior to the date of appointment. The appointee must not
have been a candidate for any elective position in the elections
immediately preceding the appointment.

The Executive Director shall assist the Chairperson in the discharge of
his functions as executive and administrative head of the Board and be
responsible for the day-to-day management of the PTSB; record and
report the proceedings of the Board; have custody of records, maps,
profiles, reports, and other documents filed in connection with any
case or proceedings before the PTSB; supervise the PTSB laboratory;
and, perform such other functions as may be assigned by the
Chairperson or the Board.

(b) Office of Aviation Safety. — The Office of Aviation Safety shall conduct
investigation of all aviation accidents and submit the corresponding
reports and necessary transportation safety recommendations to the
Board.

(©) Office of Maritime Safety. - The Office of Maritime Safety shall
conduct investigations of all maritime accidents and submit the
corresponding reports and necessary transportation safety
recommendations to the Board.

(@ Office of Surface Transportation Safety. - The Office of Surface
Transportation Safety shall conduct investigations of road
transportation, railroad, and pipeline accidents, and submit the
corresponding reports and necessary transportation safety
recommendations to the Board.

(e) Office of Transportation Safety Standards. ~ The Office of
Transportation Safety Standards shall prescribe safety standards in all
transportation systems; establish and update transportation safety
standards through continuing research and in-depth studies; and
oversee the implementation of the safety recommendations programs
of the PTSB.


(O Office of Research and Engineering. - The Office of Research and
Engineering shall provide technical advice and services to the PTSB;
conduct research and carry out analytical studies and tests on all
aspects of the PTSB’s transportation accident investigation, accident
prevention, and safety promotion activities; conduct safety studies on
specific safety issues; perform statistical analyses of transportation
accidents and incident data; maintain archival records of the PTSB’s
accident investigation and safety promotion activities; and, support the
PTSB’s data processing, computing, and information management
requirements.

(g) Office of the General Counsel. — The Office of the General Counsel
shall provide legal advice and assistance to the PTSB and its officers,
personnel, and employees; prepare rules, opinions, and orders; and
represent the PTSB in court actions and other proceedings.

(h) Office of Public Affairs. — The Office of Public Affairs shall provide the
general public, including Congress and the national agencies, the
transportation industry, and the media with current and accurate
information concerning the activities, programs, and objectives of the
PTSB.

(@® Administration Office. - The Administration Office shall provide
administrative support in the following aspects: budget; accounting
and audit; human resource management, information and automatic
data processing management; property, space, communications,
facilities, and transportation management; and, printing, publications,
correspondence, procurement, contracting, and accident inquiry
services.

SECTION 13. Personnel. — Subject to civil service laws, rules and
regulations, and the approval of the Department of Budget and Management
(DBM), the Board shall determine its own staffing pattern and the number of
personnel of the organization. The Board shall, in accordance with existing
laws and policies, select, appoint, employ, and fix the compensation of such
officers and employees, including investigators, and attorneys, as may be
necessary to carry out its powers and duties.

SECTION 14. Prohibited Interests. — The Chairperson, members of the
Board, officers, and employees shall not, during their tenure, hold any other
office or employment. Neither shall they engage in the practice of any
profession or in the active management or control of any business which, in
any way, may be affected by the functions of their office, nor shall they be
financially interested, directly or indirectly, in any contract with, or in any
franchise or privilege, granted by the government and its subdivisions,
agencies, or instrumentalities, including government-owned or controlled
corporations or their subsidiaries. They shall directly avoid conflict of interest
in the conduct of their office.

No spouse or relative by consanguinity or affinity within the fourth civil
degree and no law, business, or professional partner or associate of the


Chairperson or Members may appear as counsel or agent on any matter
pending before the Board or transact business directly or indirectly therewith.

The disqualification shall apply during the tenure of the official concerned
and one (1) year thereafter.

Any violation of this section shall be a ground for removal from the PTSB
as well as administrative, civil, or criminal prosecution under applicable laws.

SECTION 15. Recommendations of the Board. - The Board shall submit
a recommendation regarding transportation safety to the appropriate
government agencies of which they shall not respond to each recommendation
formally and in writing not later than thirty (30) days after receipt thereof.
The failure on the part of the concerned agency to abide by the
recommendation of the Board without any justifiable reason shall not be a
ground for administrative liability of the head of the agency or concerned
official as well as other sanctions as provided under existing laws.

The Board shall recommend to the appropriate government agencies the
recall of any defective means of transportation and to cause the installation of
the required part or parts to make it safe and notify not only the distributor or
purchaser, but also the public of such defect. It shall also recommend the
grounding of any defective means of transportation pending the investigation
of the cause or nature of its defect. Moreover, the Board may also recommend
the denial, amendment, modification, suspension, or revocation of a
certificate of public convenience, registration, or franchise if the means of
transportation, including the activities of a commercial carrier, have been
found negligent, as well as suspension or revocation of license, as the case may
be.

In its report, the Board shall include the accountabilities of officials and
employees of regulatory transport agencies who fail to properly implement the
transportation safety standards provided under pertinent or applicable
conventions, treaties, laws, rules, and regulations.

SECTION 16. Disclosure, Availability, and Use of Information. —

(a) Except as provided in this Section, any copy of record, information, or
report of investigation submitted to the PTSB shall be made available
to the public upon request and payment of reasonable cost;

(b) The Board shall not make the records available for purposes other than
accident or incident investigation, unless the appropriate authority for
the administration of justice determines that their disclosure
outweighs the adverse domestic and international impact;

(c) The Board shall not disclose any information related to a trade secret
except:

1. To another department, agency, or instrumentality of the national
government, when requested for official use;


2. To a committee of Congress having jurisdiction over the subject
matter to which the investigation is related, when requested by that
committee;

3. In a judicial proceeding under a court order that preserves the
confidentiality of the information without impairing the
proceeding; and

4. To the public: Provided, That such disclosure shall be for the
protection of public health and safety: Provided, further, That the
disclosure shall be made in a manner designed to protect and
preserve its confidentiality.

(a) The Board shall not publicly disclose any part of a cockpit voice
recording or transcript of oral communications by and between flight
crew members and ground station related to an accident or incident
investigated by the PTSB; Provided, That the PTSB shall make public
any part of the transcript that it deems relevant to the said accident or
incident:

When the PTSB holds a public hearing on the accident or incident; or

2. When the PTSB makes public its findings relative to the said
accident or incident.

(©) Except as provided in Section 15 (b) of this Act, the Board shall
maintain the confidentiality of, and exempt from disclosure:

1. Laboratory records provided to the Board; and

2. Medical information related to the test or a review of the test
voluntarily provided to the Board by the tested officer or employee.

() The Board may use a laboratory record of a person made available to it
under this Act to develop an evidentiary record in its investigation of
an accident or incident where the fitness of such person is at issue.

1. When the PTSB holds a public hearing on the accident or incident;
or

2. When the PTSB makes public its findings relative to the said
accident or incident.

CHAPTER IV
MISCELLANEOUS PROVISIONS

SECTION 17. Relationship with Other Government Agencies. — (a)
Nothing in this Act shall deprive other government agencies from performing
their intrinsic functions, including the investigation of accidents or making
inquiries thereon: Provided, That the PTSB, at its discretion, may require the
submission of the records, findings, and recommendations of the investigation
or inquiry. For this purpose, the agency concerned shall transmit to the PTSB,


within fifteen (15) days from the receipt of the PTSB’s request, said records,
findings, and recommendations;

(b) In the exercise of its powers, the PTSB shall take into consideration
the provisions of any treaty entered into by the Republic of the Philippines
with other countries relative to the investigation of accidents over which the
PTSB assumed jurisdiction.

SECTION 18. Annual Report. - The PTSB shall submit at the end of
each year, an annual report on its findings and recommendations to both
Houses of Congress and appropriate government agencies relating to the
implementation of this Act.

SECTION 19. Privacy Protection. — Nothing in this Act shall be
construed as weakening the protection mandated under Republic Act No.
10173 (R.A. No. 10173), otherwise known as the “Data Privacy Act of 2012.”

SECTION 20. Non-admissibility as Evidence. - No part of a report of
the PTSB related to a transportation accident investigation may be admitted
into evidence or used in a civil action for damages resulting from a matter
mentioned in the report. Furthermore, the PTSB shall have immunity from
suits arising from its investigation, pronouncements, and findings.

CHAPTER V
FINAL PROVISIONS

SECTION 21. Appropriations. - The amount of Thirty million pesos
(P30,000,000.00) is appropriated to finance the operation of the PTSB for
the first year out of the funds of the National Treasury not otherwise
appropriated. Thereafter, such amounts as may be necessary and sufficient to
finance its operations and activities shall be included in the annual General
‘Appropriations Act.

SECTION 22. Implementing Rules and Regulations. — Within sixty (60)
days from the effectivity of this Act, the PTSB, in coordination with the
Department of Justice (DOJ), Department of Transportation (DOT®),
Department of Public Works and Highways (DPWH), Department of Energy
(DOE), Department of Trade and Industry (DTD, and the Philippine National
Police (PNP), shall promulgate the implementing rules and regulations for the
effective implementation of this Act.

SECTION 23. Separability Clause. — In case any provision of this Act is
declared unconstitutional, the other provisions shall remain in effect.

SECTION 24. Repealing Clause. — All laws, decrees, orders, rules and
regulations, or parts thereof, inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.


SECTION 25. Effectivity. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in at least two (2) newspapers of
general circulation,

Approved,