Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _1253

Introduced by HONORABLE LUIS RAYMUND F. VILLAFUERTE, JR.

EXPLANATORY NOTE

The World Health Organization’ (WHO) Global status repo" on road safety 2015,
reflecting information from 180 countries, indicates that the worldwide total number of road traffic.

deaths is around 1 25 million per year, with the highest road traffic fatality rates in low-income
countries,

The WHO maintains that although road traffic injuries have been a leading cause of
mortality for many years, most traffic crashes are both predictable and preventable The
Philippines has yet to tap its large potential to mitigate future damage and save lives through
proper study. regulation, management and technology development in transportation.

At present, there is no central statistical authority in the Philippines for transportation
related accidents from which safety policies can be easily formulated For example, land
transportation accident data is available in the Philippines but with limited availability and
obtainable from different sources,

This legislation, inspired by the policy measure by Senator Grace Poe, is submitted to
create the National Transportation Safety Board (NTSB) in order to highlight safety as a very
important aspect of transportation_ The NTSB is primarily tasked to handle transportation safety
studies that are needed for the formulation or promulgation of safety improvement standards for

the observance and ilmplementation by the concerned government agencies and/or private
entities.

As such, approval of this measure is earnestly sought.

(

LUIS RAYMUND/F. VILLAFUERTE, JR.

AE SPRESEY

RECEIVED

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 1253

Introduced by HONORABLE LUIS RAYMUND F. VILLAFUERTE, JR.

AN ACT PROMOTING COST-EFFECTIVE MEASURES FOR THE TRANSPORT
SECTOR AND COMMUTING PUBLIC, PROVIDING FOR THE CREATION OF A
NATIONAL TRANSPORTATION SAFETY BOARD, PRESCRIBING ITS POWERS
AND FUNCTIONS, AND APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Title — This Act shall be known as the *National Transportation Safety
Advisory Council of 2018_.

SECTION 2, Declaration of Policy’ — It is hereby declared the policy of the State to
promote safety in the transportation of people and goods through cast effective measures that
either prevent: remedy or mitigate accidents involving any mode of transport, including pipelines
and conveyors. Towards this end, the Government shall;

(a) Support safety programs based on continuing and objective reviews of causes or
reasons for unsafe acts and conditions; and

(b) Appraise and assess operating practices and regulations of government agencies
Involved in the transportation sector, insofar as they affect safety, and where
appropriate, shall initiate, coordinate, formulate or promulgate safety improvement
standards for the observance and implementation by the concerned government
agencies and/or private entities.

SECTION 3. Creation of the National Transportation Safety Board. —
Pursuant to the foregoing policy, there is hereby created a National Transportation Safety Board,
hereinafter referred to as the "Board", which shall be attached to the Department of
Transportation

SECTION 4. Composition and Organization. —

(a) The Board shall be composed of seven (7) full-time Members, headed by a Chairman.
who shall be appointed by the President of the Philippines. A Member of the Board
must be a natural born citizen at the time of his/her appointment, and must have at
least three (3) years of actual experience in the administration, operation and


management of a transport utility firm or regulatory agency in either air, land, sea or
rail transportation and knowledgeable in accident reconstruction, safety engineering
or transportation and traffic safety: Provided, That three (3) of the full-time members
must come from the commuting public, include ng a representative from organizations
advocating for road safety.

(b)The Chairman shell have a term of five (5) years but may be renewed far a non-
extendible period of one (1) year: Provided, That the term of the initial appointees
shall be staggered such that the Chairman shall hold office for a term of five (5) years,
the next three (3) members for three (3) years and the other three (3) members for
two (2) years.

(c) Upon the expiration of their respective terms, they shall continue to serve until their
successor shall have been appointed and qualified. In case a member fails to
complete his term, his successor shall only serve the unexpired portion of the term of
his predecessor.

(d)A member may be removed from office by the President for cause in accordance with
the Civil Service rules and regulations.

(e} The Chairman shall be the Chief Executive Officer of the Board. He shall exercise all
the powers and discharge all functions of the Board. He shall have control over all
personnel employed by the Board, including, the following:

1. The appointment and supervision of personnel employed by the Board;

2. The distribution of business among such personnel and among administrative
units of the Board; and

3. The use and expenditure of its funds,

(f) The Board shall establish and maintain distinct appropriately staffed bureaus,
division, or offices, to investigate and report on accidents involving each of the
following modes of transportation:

1 Aviation,
2, Highway and motor vehicle;
3. Pipeline, railroad, and tracked vehicle: and
4, Marine transport carriers
(g) The Board shall, in addition, establish and maintain such capabilities as may be

needed to investigate and report on the safe transportation of hazardous and toxic
materials.

SECTION 5. The Executive Director. _
(a) The Board shall have an Executive Director who shall be appointed by the Chairman,

(b) No person shall be appointed Executive Director unless he is at least thirty-five (35)
years of age at the time of his/her appointment, a Member of the Philippine bar, and
has practiced his/her profession for at least ten (10) years prior to the date of his/her


appointment. He/she must not have been a candidate for any elective position in the
elections immediately preceding his/her appointment.

(c) The Executive Director shall

1.Be responsible for running the day to day operations of the Board,

2 Act as the custodian of the records, maps, profiles, reports, and other documents
and papers filed in connection with any case or proceedings before the Board;

3. Be responsible for the effective implementation of the policies, rules, and directives
promulgated by the Board; and

4 Coordinate and supervise the activities of the different operating units of the Board
and shall perform such other functions as may be assigned to him/her by the
Chairman and/or the Board.

SECTION 6. Compensation. _

(a) The Chairman and the Members of the Board shall have the rank of a Department
Undersecretary and Assistant Secretary, respectively. They shall receive the
compensation and other emoluments corresponding to those of a Department
Undersecretary and Assistant Secretary respectively.

(b) The Executive Director shall have the rank of Assistant Secretary and shall be entitled
to compensation and other emoluments corresponding to those Of an Assistant
Secretary.

(c) The Chairman. The Members of the Board, and the Executive Director shall be
entitled to commutable representation and transportation allowances per month in the
amount not exceeding the monthly salary of the lowest-paid regular employee of the
Board

(d)The Board shall determine the schedule of salaries of the employee's subject to the
compliance with the existing compensation law. Provided; That the Board shall
determine and fix the compensation and fringe benefits of employees holding
technical positions that are not common to the agencies of the government which
shall be specified in the implementing Rules and Regulations

SECTION 7. Duties and Powers of the Board. — The Board shall:

(a) Initiate and conduct studies on matters pertaining to safety in transportation and
avoiding injury to persons and damage to property,

(b)Gather, analyses, maintain, and publish from time to time data and statistics on
transportation accidents;

(c) Prescribe requirements for persons and institutions regarding data gathering,
reporting, the preservation, proper handling, conservation, and protection of
evidence, records files, and/or specimens related to any accident,


(d)Issue periodic reports to Congress, the President, and to make it available to
government agencies and instrumentalities, and non-government organizations
concerned with transportation safety upon request, including owners of public
transportation carriers who may be concerned with the findings of the Board and to
interested persons. Such reports shall contain proposals for corrective measures to
make the transportation of persons as safe and free from the risk of injury as possible,
including steps to minimize human injuries from transportation accident: Provided, the
said reports shall be made public within sixty (60) days from its submission to the
Congress or to the president, as the case may be.

(e} The Board may require and shall be furnished a copy of reports by the officials
concerned on any transportation related accident, The Board may order, if necessary,
the autopsy, or require other tests of such persons as may be needed for the
investigation of the accident:

The Board may call assistance of, and use any available services

equipment, facilities, of the Department of Justice (DOJ) Department of
Transportation (DOTC), Philippine Coast Guard (PCG), Department of National
Defense (DND), Department of Public Works and Highways (DPWH), Philippine
National Police (PNP), and other agencies and instrumentalities of the government;

(f

(g) The Board may enter into such contract, leases, agreements and other transactions
as may be necessary in the conduct of its functions and duties;

(h)The Board may create advisory committees composed of qualified private citizens
and government officials with whom the Board may consult in the implementation of
its functions and duties, and to pay honoraria of these persons for meetings actually
attended_ Whenever necessary, the Board may likewise appoint or retain the
services of recognized expense as consultants on the accidents under investigation.
Such consultants shall be paid compensation as fixed by the Board: Provided, That
not more than three (3) consultants shall be appointed for each accident being
investigated Provided, funnel That no officer, external auditor, or legal counsel of any
investigated: Provided, further, That no officer, external auditor, or legal counsel of
any private company or enterprise primarily engaged in the transportation industry
shall be eligible for appointment as a consultant of the Board within three (3) years
from his retirement, resignation, or separation therefrom;

(i) Appoint advisory committees composed of qualified private citizens and officials of
the national government and LGUs as appropriate:

(j) Any law to the contrary notwithstanding, accept voluntary and uncompensated
services.

(k) Accept donations and gifts of money and other property,

(I} Enter into contacts with non-profit entities to carry out studies related to the duties and
powers of the Board for its operating expenses;

(m)The Chairman of the Board may determine the number of committees that are
appropriate to maintain effective liaison with other departments, agencies and
instrumentalities of the national government and LGUs, non-government
organizations, and independent standard-setting authorities that carry out program
and activities related to transportation safety. The Board shall designate
representative to serve in the committees,

(n) The Board or any officer, or employee designated by the Chairman, may conduct an
inquiry to obtain information related to transportation safety, and


(0) The Board, or its designated officer or employee, may require by order, a department,
agency, or instrumentality of the national government, LGI_J. or a person, natural or
juridical, which transports persons or goads, to submit to the Board a written report
and answers to request and questions pursuant to the powers of the Board under thig
Act. The Board shall prescribe the time within which the reports and the answers
thereto must be submitted to its designated officer or employee. Copies of the report
and the answers thereto Shall be made public within sixty (SO) days from submission
to the Board.

SECTION 9. Relationship with Other Government Agencies. —

(a) Nothing in this Act shall deprive other government agencies from performing their
initial functions. including the investigation of accidents or making inquiries thereon,
when those functions exist prior to the effectivity of this Act: Provided, That the Board,
at its discretion, may require the submission of the records, findings, and
recommendations of the investigation or inquiry,

(b)The PNP or any other law enforcement agency shall continue to investigate and
record accidents involving motor vehicles and/or pedestrians for this purpose, the
Board shall prescribe a uniform and standard operantion system for investigation of
such accidents. which shall be mandatory on the part of the investigating body or
person,

(c)The Board may require the submission of the records, findings, and/or
recommendations of previous accidents and/or investigations of such accidents, from
any government agency. For this purpose, the agency concerned shall transmit to the
Board, within fifteen (15) days from receipt thereof, said records, findings, and/or
recommendations; and

(d){n the exercise of its powers, the Board 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 Board assumed jurisdiction

SECTION 10. 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 Board shall be made available to the public upon
request and at reasonable cost,

(b)The Board shall not make the records available for purpose 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 confidentially 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 information so disclosed will not be
detrimental to public health and safety: Provided final, that the disclosure shall be
made in a manner designed to protect and preserve its confidentiality:

(d)he 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 Board: Provided, That the Board
shall make public any part of transcript the Board decides is relevant to the said
accident incident:

1 _ When the Board holds a public hearing on the accident or incident; or

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

(e)Any law to the contrary notwithstanding. the head of the concerned agency shall,
upon order or written request by the Board. provide the following information to the
board:

1. Any report or a confirmed positive toxicological test, verified as positive by the
medico-legal officer of the National Bureau of Investigation (NBI), conducted on
an officer or employee of the concerned agency under post-accident, unsafe
practice, or reasonable toxicological requirements of the concerned with the
circumstances of an accident or incdent under the investigative jurisdiction of the
Board, and

2. Any laboratory record documenting that the test is confirmed as positive

(f) Except as provided in Section 10 (b) of this Act, the Board shall maintain the
confidentiality of, and exempt from disclosure:

1, Laboratory records provided to the board shall maintain the confidentiality of, and
exempt from disclosure; 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.

(g) The Board may use a laboratory record made available to it under this Act to develop
an evidentiary record in its investigation of an accident or incident if;

1.The fitness of the tested officer or employee is at issue in the investigation, and

2. The use of that record IS necessary to develop the evidentiary record.

SECTION 11. Appropriations. — The sum of Fifty Million Pesos (P 000.00)is hereby

appropriated out of any funds in the National Treasury not otherwise appropriated, for the initial
organization and operations of the Board Thereafter, such sums, as may be necessary for the
operations of the Board, shall be included in the annual General Appropriations Act,

SECTION 12. Annual Report — The Board shall submit to the President and Congress

an annual report at the end of every calendar year containing, among others:

(a} Statistical and analytical information of accident or incident investigations conducted
and reviewed by the Board during the preceding year;


(b)A survey and summary of the recommendations made by the Board to reduce the
likelihood of the recurrence of those accidents, together with the observed response
to each recommendation; and

(c) The uses of, disbursement form, and receipt to the Fund created in accordance with
this Act.

SECTION 43. implementing Rules and Regulations. — Within sixty (60) days from the
effectivity of this Act, the Board, In consultation with the DOJ DOTC PCG, DND, DPVWH, PNP,
and NBI, Shall promulgate the implementing Rules and Regulations (IRR) for the effective
[implementation of this Act. The IRR shall provide procedures geared towards streamlined
processes and swift justice by observing timeline or deadline in rendering decisions and
issuances, plain writing or easy-to understand instructions, and over-all improvement of the
industry.

SECTION 14. Separability Clause. — If, for any reason, any provisions of this Act is
declared invalid or unconstitutional, the other part or parts thereof which are not affected thereby
shall continue to be in full force and effect.

SECTION 15. Repealing Clause. — All laws, decrees: executive orders, Issuances or
rules and regulations, or portions thereof, that are inconsistent with this Act or any provision or
provisions, thereof, are repealed or modified accordingly.

SECTION 16. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in two (2) newspapers of gene al circulation.

Approved