Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 4912

Introduced by Honorable MARK A. VILLAR

EXPLANATORY NOTE

AN ACT
PROVIDING FOR BICYCLE RIGHTS, CREATION OF LOCAL BIKEWAYS OFFICE
(LBO), ESTABLISHING INFRASTRUCTURE IN RELATION THERETO AND FOR
OTHER PURPOSES

Under the 1987 Constitution, it is the policy of the State to protect and
promote the right to health of the people and instill health consciousness among
them. Concomitant to this is the State duty to protect the environment enroute to a
balanced and healthful ecology. (Sections 15 and 16, Article I!)

The development of the bicycle occurred over a period of around seventy
years and yet, throughout that period, cyclists had no legal right to use the roads or
walkways. The first Bicycle Law was enacted by the New York State Legislature in
1887 entitled, "An Act in relation to the use of bicycles and tricyoles".' As the years
went on, simultaneous with the growing popularity of the bicycle, several American
states followed suit and enacted their own bicycle related ordinances aiming to give
cyclists equal rights, privileges and duties with respect to road usage. In 1968, the
cyclists’ right to the road was enshrined in international law with the enactment of the
Vienna Convention on Road Traffic.

In the Philippines, one of the first laws related to bicycle use was enacted by
the Marikina City Council in 1996 which dwells on the use of all streets, avenues,
alleys, sidewalks, bridges, parks, and other public places as bicycle lanes.’ In 2001,

“Wew York Law 1887, Chapter 704, An Act in Relation tothe Use of Bicyclos and Trcyclos
? sMarikina to establish bicycle lanes’, Philippine Star, May 26, 2001


Marikina passed another ordinance creating a Bikeways Office tasked to create,
supervise and manage bikeways in the city.

The cities of Davao, Pasig, Makati, Valenzuela followed suit in enacting
similar ordinances, owing to the need of growing bike users, and at the same time,
promoting its health and pro-environment benefits. Of recent, Cebu City is also
considering the enactment of such ordinance as it has started conducting public
hearings on the same.

Thus, this bill seeks to provide a framework for a bicycle law on a national
level so that Filipino commuters may find a cheaper alternative to get to their
destination while saving the environment from harmful emissions.

In view of the foregoing, the passage of this bill is highly recommended.
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Veil —

MARK A. VILI


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
Second Regular Session

HOUSE BILL No. 4912

Introduced by Honorable MARK A. VILLAR

AN ACT
PROVIDING FOR BICYCLE RIGHTS, CREATION OF LOCAL BIKEWAYS OFFICE
(LBO), ESTABLISHING INFRASTRUCTURE IN RELATION THERETO AND FOR
OTHER PURPOSES

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 “Bicycle Act of
2014".

SECTION 2. Declaration of Policy. - It is the policy of the State to protect
and promote the right to health of the people and instill health consciousness among
them and to protect and advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature. Likewise, in view of the
fluctuating fuel prices in the world market, the State recognizes the need for cheap
alternative means of transportation and encourages the use of non-motorized and
environment-friendly modes of transport

SECTION 3. Definition of Terms. - For the purpose of this Act, the term:

a) Bicycle means any two wheeled vehicle having a rear drive which is solely
human powered and having a seat height of 25 inches or greater when the
seat is in the lowest possible position;

b) Cyclist shall refer to drivers of bicycles;

©) Driver means any person who drives a vehicle, motorized or non-motorized;

d) Lane means any longitudinal strips designated for passage of bicycles;


e) Local Bikeways Office (LBO) refers to the agency in charge of implementing
policies, rules and regulations pertinent to this Act;

) Non-Motorized Transport (NMT) means any vehicle which does not use a
motorized engine;

g) Road means the entire surface of any way or street open to public traffic.

SECTION 4. Creation of Bikeways. - All main roads and highways shall be
provided with Bicycle Lanes or "bikeways" identified by the Local Bikeways Office
under the supervision of the city or municipal engineering office

SECTION 5. Powers and Functions of the Local Bikeways Office. - The
LBO shall be an adjunct of the city or municipal engineering office and shall have the
following powers and functions:

a, To manage the construction and maintenance of a bikeway network including
the identification of a bikeway roadmap;

b. To establish provision of safe and strategic parking facilities, road signage
and maps, including the planting of trees in designated areas of the network;

¢. To encourage partnership with local and foreign organizations to facilitate
easy access to bicycles;

d, To conduct education and information drives on the benefits of using bicycles
or NMTs in order to promote the usage of the same;

e. To cause all bicycles operating on the bikeways to be registered and
determine therefore the manner of such registration;

f. To maintain and keep a bicycle registry where the LBO, within sixty (60) days
from the approval of this Act, shall have formulated a system of procedure
pertinent to bicycle registration

SECTION 6. Bicycle Park. - Each city or municipality shall create, through
the LBO and the city or municipal engineering office, a Bicycle Park where provisions
for bicycles are present such as but not limited to bikeways, bicycle parking areas
and similar infrastructure. Such Bicycle Parks shall be funded by the city or
municipality by allocating thirty percent (30%) of their respective revenues raised
from miscellaneous activities like parking and license fees.

SECTION 7. Rights, Duties and Obligations of Cyclists. - The following
shall be the rights, duties and obligations of cyclists:

a. Ride on any public road or street provided that it has been designated as a
bikeway except highways or where signs specifically prohibiting bikes have
been posted:


Every person riding a bicycle on the designated bikeways shall be granted all
the rights and shall be subject to all the duties applicable to drivers of
motorized vehicles except those which by their nature are inapplicable;

A trailer or semitrailer may be attached to the bicycle;

Right and left tum signals shall be given not less than 100 feet from turn and

while stopped waiting to turn, Such signals may be given intermittently rather
than continuously if the hand giving the signal is needed to control the bicycle;
‘An audible signal shall be given before overtaking;
When riding at night, a bicycle shall be equipped with reflective material
visible from both sides for at least six hundred (600) feet, or a lighted lamp
visible from both sides for at least five hundred (500) feet from a motor
vehicle;

A bicycle and its corresponding cyclist may be equipped with additional lights
and reflectors;

A cyclist shall keep one hand on the handlebar at all times;

A cyclist must always wear a helmet properly where the chin strap is securely
fastened;

Every bicycle shall be equipped with brakes that are capable of stopping the
bicycle within twenty-five (25) feet from a speed of 10mph on dry, clean level
pavement;

SECTION 8, Restrictions. - The following are restrictions imposed upon

cyclists and the right to use a bicycle

a

No bicycle shall carry more persons that it was designed to carry except when
another regular seat or trailer towed by the bicycle is present;

Persons riding a bicycle shall not cling to another vehicle while in the
designated bikeway;

Bicycles may not be parked in areas other than those specifically designated
as such by the LBO;

A cyclist shall not ride a bicycle on a sidewalk or crosswalk;

A cyclist shall not carry anything on the bicycle unless it is in a basket, bag,
rack or trailer designed for that purpose;

‘A modified bicycle is not allowed on the bikeways, or that which makes the
hands higher than the shoulders when gripping the handlebars;


g. Ownership or custody of a bicycle which has a destroyed, removed, altered,
covered or defaced serial number,

h. No person shall operate a bicycle at a speed greater than is reasonable and
prudent under the conditions then existing

SECTION 9. Obedience to Traffic Laws and Devices. - Any person
operating a bicycle shall obey the instructions of official traffic control signs, and
other control devices applicable to vehicles, unless otherwise directed by a police
officer. Whenever authorized signs are posted, a person operating a bicycle shall not
disobey the direction of such sign except when that person dismounts from the
bicycle, in which case such person shall then obey the regulations applicable to
pedestrians, No person shall ride or operate a bicycle in any direction except that
permitted for vehicular traffic traveling on the same side of the bikeway.

SECTION 10. Flagging By A Police Officer. - A uniformed police officer, or
any deputized traffic officer, may stop, inspect and test a bicycle that is suspected to
be unsafe or to have improper equipment. He may also stop any cyclist operating the
bicycle in such a manner as to pose danger to others.

SECTION 11. Riding on Bicycle Lanes. - Every person operating a bicycle
upon a designated bikeway lane shall remain inside such lane, exercising due care
when passing a standing vehicle or a vehicle proceeding in the same direction
When a person operating a bicycle upon a bikeway at a speed less than the normal
speed of traffic, such person may move out of the lane under any of the following
circumstances:

a. Whenever overtaking or passing another bicycle, vehicle or pedestrian within
the lane or about to enter the lane if such overtaking or passing cannot be
done safely within the lane;

b, When preparing for a turn at an intersection or into a private road or driveway;

c, When reasonably necessary to leave the bicycle lane to avoid debris or
hazardous conditions.

SECTION 12. Yielding Right-of-Way from Bicycle Paths to Sidewalks. -
Every person riding a bicycle on a bikeway that is about to enter or cross a roadway
shall yield the right-of-way to all traffic on such roadway.

SECTION 13, Motor Vehicles In Bikeways. - Whenever a bikeway has been
established on a road, any person operating a motor vehicle on such road shall not
drive in the bikeway except to park when parking is permitted, to enter or leave the
road or prepare for a turn.

SECTION 14. Exercise of Due Care. - Every cyclist shall exercise due care
to avoid colliding with any pedestrian, or any person operating a bicycle or other
device propelled by human or animal power, upon any road, and shall give warning
by sounding the horn when necessary and shall exercise proper precautions upon
observing any child or any incapacitated person upon a road


SECTION 15. Penalties. - Any person who violates any of the provisions of
this Act shall be subject to the penalty of a fine of not less than Five Hundred Pesos
(P500.00) but not more than One Thousand Pesos (P1,000.00). If such violation
causes damage or injury to persons or property then the appropriate provisions of
the Civil Code and the Revised Penal Code shall take effect.

SECTION 16. Separability Clause. - If any provision or part hereof, is held
invalid or unconstitutional, the remainder of the law or the provision not otherwise
affected shall remain valid and subsisting.

SECTION 47. Repealing Clause. - Any law, presidential decree or issuance,
‘executive order, letter of instruction, administrative order, rule or regulations contrary
to or is inconsistent with the provision of this Act is hereby repealed, modified, or
amended accordingly.

SECTION 48. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its publication in at least two (2) newspapers of general circulation.

Approved,