Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
HOUSE BILL NO. _________
Introduced by 4Ps Partylist Representative
JONATHAN CLEMENT M. ABALOS II
EXPLANATORY NOTE
Traffic congestion is an everyday ordeal for Filipino commuters,
especially in highly urbanized areas like Metro Manila. An average commuter in
the Philippines is estimated to spend about 9-15 years of their 40-year economic
life commuting. The wasted time is negatively impacting the economy with losses
amounting to about Php 3.5 billion a day, which is said to get worse by up to
Php5.4 billion daily by 2035 if nothing is done to resolve the situation.
Owing to the enterprising nature of Filipinos, we continuously find ways
to ease the daily sufferings by coming up with options to address the problems in
mobility. One of these is the motorcycle ride-sharing services. The concept is
nothing new. It is commonly known as habal-habal in the countryside, especially
in areas where access to transportation remains a challenge. Additionally,
motorcycles provide not only convenience but also one of the cheapest means of
transportation.
More recently, the benefits of motorcycles as a mode of transporting
goods have also been highlighted during the COVID-19 pandemic. The pandemic
compelled the government to declare lockdowns in various areas of the country
as a measure to prevent the rapid spread of the virus. However, this also halted a
lot of economic activities with only essential services authorized to continue.
Meanwhile, movement of the people was also restricted thereby presenting
problems for them to having access to essential goods such as food, medicines,
safety
products, sanitation and hygiene supplies, among others. Hence,
motorcycles-for-hire to carry goods from and to different points in the metro
became prevalent.
A lot of people benefit from this method of transporting passengers and
goods by motorcycles. But the absence of a law that will regulate its operation
and provide safeguard measures for riders, users, and commuters, runs counter
to the policy of the State to ensure the safety and welfare of the public.
Hence, this bill seeks to amend Republic Act No. 4136, also known as the
Land Transportation and Traffic Code, to put safety measures in place and
regulate the use of motorcycles-for-hire and motorcycle ride-sharing services. As
public safety is paramount, the measure will ensure the roadworthiness of the
motorcycle units and provide a safety training program for riders.
July 28, 2022
5:17 pm
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The bill has been filed and approved in the third and final reading
during the 18th Congress
In view of the foregoing, the approval of this bill is earnestly sought.
JONATHAN CLEMENT ABALOS II
Representative, 4Ps Partylist
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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
HOUSE BILL NO. _________
Introduced by 4Ps Representative
JONATHAN CLEMENT M. ABALOS II
AN ACT REGULATING THE OPERATION OF MOTORCYCLES-FOR-HIRE
Be it enacted by the Senate and House of Representative of the Philippines in
Congress assembled:
SECTION
1.
Short
Title.
–
This
Act
shall
be
known
as
the
“Motorcycles-for-Hire Act.”
SEC. 2. Declaration of Policy. – The State recognizes the importance of
transportation in economic development. The recent innovations in technology
have opened an opportunity for alternative modes of public conveyance, such as
motorcycles-for-hire,
to
thrive
as
a
reliable
and
accessible
mode
of
transportation. However, despite its promise of convenience and fast service, it
must be regulated to ensure that the interest of the general public is protected.
Thus, the State shall allow the regulated operation of motorcycles-for-hire to
provide the public with an alternative mode of public transportation that is
sufficient, safe, secure and economical.
Towards this end, the State shall establish mechanisms and guidelines in
regulating all the operational aspects of motorcycles-for-hire.
SEC. 3. Definition of Terms. – As used in this Act:
a) Motorcycle
refers
to
any
two
(2)-wheeled
motor
vehicle without
appendages;
b) Motorcycle-for-hire refers to a motorcycle, duly registered as such under
this Act, and used to carry passengers or goods on a for hire basis, offering
its services to the public;
c) Multi-homing refers to an approach where an operator may accredit a
particular
motorcycle-for-hire
to
more
than
one transport network
company or Online E-commerce Platform Provider allowing the same to
utilize more than one digital platform in delivering transport services;
d) Online E-commerce platform provider refers to a natural or juridical
person whose primary business is to provide the digital platform that
connects online buyers and online sellers to facilitate the sale of products,
goods or services through the internet;
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e) Operator refers to the person in whose name the motorcycle-for-hire is
registered;
f)
Rider refers to the driver of the motorcycle-for-hire; and
g) Transportation network company refers to an entity which provides
pre-arranged
transportation
services
for
compensation
using
an
internet-based technology application or digital platform technology to
connect clients with riders to facilitate a contract of carriage using a
motorcycle-for-hire
SEC. 4. Scope and Application – This Act shall apply to all aspects of the
operation of motorcycles used as a common carrier for the transportation of
passengers or good which shall include parcels and mail. This Act shall not apply
to motorcycles directly owned by entities and used exclusively in the line of
business for delivery of goods and other services.
SEC. 5. Motorcycles-For-hire as Common Carriers. – The operation of
motorcycles-for-hire is imbued with public interest. As such, the same shall be
governed by the applicable provisions of the Civil Code of the Philippines and
other pertinent laws, rules and regulations on common carriers, particularly on
the required degree of diligence to be observed in the course of transporting
passengers or goods, and on the presumption of culpability in case of breach of a
contract of carriage. A transportation network company (TNC) or an Online
E-Commerce platform provider (OEPP) should exercise due diligence and
reasonable care in accrediting motorcycles-for-hire operators and drivers that
shall operate under their platforms.
SEC. 6. Registration of Motorcycles-For-hire. – A motorcycle intended to be
used
as
a motorcycle-for-hire must be duly registered with the Land
Transportation Office (LTO) in accordance with the requirements set forth in
Section 7 of this Act. The LTO shall ensure the roadworthiness of all
motorcycles-for-hire before their registration, or any renewal thereof.
SEC. 7. Standards and Specifications of Motorcycles-For-Hire. – The
Department of Transportation (DOTr), upon the recommendation of the
Department of Trade and Industry – Bureau of Philippine Standards (DTI-BPS)
and LTO, shall prescribe the standards and specifications of motorcycles that may
be allowed to operate as motorcycles-for-hire, taking into consideration the
safety of the riders and passengers.
No modifications shall be made on any motorcycles-for-hire, except for
the installation of the appropriate accessories, such as motorcycle bracket, top
box, luggage carrier, saddlebag, step board or footrest, speed limiter or
monitoring devices, in accordance with the standards and specifications
prescribed by the DTI-BPS and as approved by the LTO under existing laws, rules
and regulations.
SEC.
8.
Franchising
of Motorcycles-For-Hire. – The franchising of
motorcycles-for-hire in metropolitan and urbanized areas with an existing and
operating TNC or OEPP is vested in the Land Transportation Franchising and
Regulatory Board (LTFRB). The LTFRB shall set forth in the franchise granted to
operators, the terms and conditions to be observed in the operation of
2


motorcycles-for-hire. Such franchise shall allow the operator to engage in
multi-homing operations upon accreditation with other TNCs or OEPPs.
The LTFRB, in coordination with the concerned local government unit in a
province, city or municipality, shall determine the number of units and areas of
operations, or routes if applicable, of motorcycles-for-hire in accordance with the
route rationalization plan or studies adopted by the DOTr: Provided, That in
determining the number of motorcycle-for-hire units to be operated by TNCs and
OEPPs, the demand for their services shall be the basis for the LTFRB in the
issuance of a franchise.
The Franchise fee and any other related charges for operating a
motorcycles-for-hire shall be determined by the LTFRB, subject to the approval of
the DOTr.
In areas outside the metropolitan areas or regional hubs and where there
is no existing or operating TNC or OEPP, the application for a franchise shall be
coursed through the LGU under which jurisdiction the motorcycle-for-hire
intends to operate: Provided, That a motorcycle-for-hire may only operate within
the territorial jurisdiction of the LGU concerned: Provided further, That the LGUs
may recommend the appropriate number of units that may be allowed to operate
in their respective jurisdictions based on the demand in the locality.
To ensure the fast and efficient processing of franchises, the LTFRB and
LGUs shall establish a system of coordination that shall be incorporated in the
rules and regulations to be issued pursuant to Sec. 21 of this Act.
SEC. 9. Requirements for the Grant of a Franchise or Issuance of a
Certificate of Public Convenience (CPC). – A CPC shall only be issued to an operator
upon submission of and compliance with the following requirements:
a) Proof of Filipino citizenship;
b) Proof of accreditation by a TNC or OEPP for motorcycles-for-hire under
the digital platform or business permit issued by relevant city or
municipality for motorcycles-for-hire not operating under a TNC or OEPP;
c) Certificate of Registration duly issued by the LTO;
d) Appropriate space to serve as a garage for a franchise applicant intending
to operate three (3) or more motorcycles-for-hire;
e) Insurance coverage for any death or injury that may occur to a rider,
passenger or any third party or damage to property by reason or on
occasion of its operation; and
f)
Tax Identification Number or Certificate of Registration as Common
Carrier issued by the Bureau of Internal Revenue (BIR), if applicable.
SEC. 10. Qualification of Motorcycle-For-Hire Riders. – The LTO shall
promulgate the necessary guidelines setting forth the requirements for the
issuance of a professional driver’s license, including the content of theoretical
and practical examinations that are appropriate for the operation of a
motorcycle-for-hire. Only riders possessing such a professional driver’s license
shall be allowed to operate motorcycles-for-hire. The LTO shall conduct a
continuing safety training program for licensed riders of motorcycles-for-hire
with a curriculum duly certified by the Technical Education and Skills
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Development Authority (TESDA): Provided, That licensed riders shall attend at
least one (1) safety training seminar every year.
SEC. 11. Accreditation Requirements of TNCs and OEPPs. – A TNC or OEPP
must be duly registered with the Securities and Exchange Commission (SEC).
Before a TNC or OEPP which utilizes motorcycles-for-hire in its business
operations is allowed to operate as such, it must comply with the accreditation
requirement of Department of Information and Communications Technology
(DICT). The DTI, LTFRB and DICT shall jointly issue the guidelines that shall
govern the operations of TNCs and OEPPs using motorcycles-for-hire.
The TNCs and OEPPs must possess and maintain the following minimum
requirements for their accreditation:
a) Proof of Filipino citizenship;
b) Proof of financial capacity;
c) SEC registration;
d) BIR Tax Identification Number;
e) An Accident Quick Response System;
f)
A training center, duly certified by the LTO and TESDA, to evaluate and
determine the competence of riders. The DICT may, as a requirement for
renewal of accreditation, consider the previous safety record of the TNC or
OEPP as certified by the LTO during the effectivity of its accreditation
being applied for renewal.
SEC. 12. Operation of Motorcycle-For-Hire. - Motorcycles-for-hire may be
allowed to operate using digital booking platforms or designated terminals. To
maximize its operation, motorcycles-for-hire shall not be bound by a single TNC
or OEPP but shall be allowed to adopt a multi-homing approach within a
particular area of operation under the given franchise: Provided, That a
motorcycle-for-hire accredited under any TNC or OEPP platform may not be
allowed to operate as motorcycles-for-hire without using such platform.
The capacity, nature and character of goods that may be transported, as
well as the dimensions of the motorcycle bracket or luggage carrier of
motorcycles-for-hire, shall be determined by the LTFRB in accordance with the
standards and specifications provided under Section 7 of this Act.
Motorcycles-for-hire shall operate at speeds allowable under Republic Act
No. 4136, otherwise known as the “Land Transportation and Traffic Code”, local
ordinances and other applicable laws: Provided, That in no case shall a
motorcycle-for-hire operate beyond sixty kilometers per hour (60kph).
SEC. 13. Fare Setting. – The fares, surcharges and other transportation
fees that may be charged by operators, OEPPs or TNCs shall be in accordance
with the fare structure and within the parameters determined, prescribed and
issued by the LTFRB, in consultation with the motorcycle-for-hire industry and
subject to the approval of the DOTr. The fare structure shall take into
consideration the supply of and demand for motorcycle-for-hire services and
shall allow dynamic pricing on account of market variations based on location
and time. The fare structure shall also include the maximum percentage that can
be charged by the TNCs or OEPPs upon the operators or riders on the shipping or
4


delivery fee. The LTFRB shall periodically review the fare structure and
parameters of determining the applicable fares, subject to the approval of the
DOTr. The booking system of TNCs and OEPPs shall feature a mechanism that
enables clients to compare the transportation cost charged by each of the
available digital platforms.
In the case of motorcycle-for-hire operating outside the digital platforms,
the fare shall be determined by the LTFRB after a public consultation with LGUs
and the operators and other stakeholders, with the approval of the DOTr.
SEC. 14. Processing of Personal Information. – Any collection, processing
and storage of personal information and sensitive personal information involved
in
the
registration
of
motorcycles-for-hire,
digital
bookings,
and
other
requirements under this Act shall be made in accordance with the provisions of
Republic Act No. 10173, otherwise known as the “Data Privacy Act of 2012.”
SEC. 15. Liabilities for Death, Injuries or Damage to Property. – The
operator and the TNC or OEPP providing the digital platform at the time when
the death, injury or damage to property occurred in the course of operating a
motorcycle-for-hire shall be jointly and solidarily liable, with rights of
subrogation against any party at fault: Provided, That the liability of the TNC or
OEPP shall not exceed the amount of the insurance coverage of the operator.
SEC. 16. Accident Quick Response. – Each TNC or OEPP shall establish a
quick response team to provide immediate medical care or bring any person
injured by the operation of the motorcycle-for-hire booked through its digital
platform the nearest hospital or medical facility. A function that will allow the
rider or passenger to alert the quick response team during an emergency or road
crash shall be part of the booking application options of the digital platforms.
When necessary, the TNC or OEPP shall advance any amount necessary for the
admission of such injured person or persons to a hospital or medical facility up
to the maximum insured amount.
SEC. 17. Enforcement. – To ensure the safe and secure operation of
motorcycle-for-hire, the LTO shall deputize LGUs and other relevant government
agencies to assist in the enforcement of traffic rules and regulations, and to
monitor strict compliance with the provisions of this Act, particularly on the
observance of carrying capacity and speed limits. The LTO shall establish a
centralized database to ensure the accurate recording of violations and road
crashes involving motorcycles for-hire and for the purpose of applying the
penalties as well as other sanctions under this Act. It shall publish quarterly and
annual reports of such data on its website which shall be made accessible to the
public.
Consistent with its mandate under Republic Act No. 7924which created
the Metropolitan Manila Development Authority (MMDA), the MMDA shall
continue to exercise its traffic enforcement functions within Metro Manila in
furtherance of the objectives of this Act.
All violations related to the terms and conditions of a franchise shall be
endorsed by the LTO enforcement officers, deputized LGU enforcers and MMDA
personnel to the LTFRB for appropriate action.
5


The foregoing shall not preclude the TNCs or OEPPs from exercising the
power to impose sanctions such as suspension or blacklisting of their riders or
operators on account of violation of internal rules made known the other latter,
acts detrimental to safety and security, and other reasonable or valid grounds.
SEC. 18. Penalties. – The following prohibited acts shall be penalized as
follows:
a) Any rider who operates a motorcycle-for-hire in violation of traffic rules
and regulations, carrying capacity and licensing requirements shall suffer
the maximum penalty imposed under the applicable law, ordinance, rule or
regulation for such violation. In addition, the LTO shall impose a penalty
of suspension or revocation of the driver’s license of an erring rider
commensurate to the gravity of the offense and frequency of commission.
The table of penalties shall be included in the rules and regulations to be
issued pursuant to Sec. 21 of this Act.
b) An operator who allows a rider who does not possess a valid Professional
Driver’s License to operate a motorcycle-for-hire shall, in addition to
penalties under existing laws and regulations, suffer a penalty of
suspension or revocation of franchise, after due notice and hearing.
c) The penal provisions of Republic Act No. 7394, otherwise known as the
“Consumer Act of the Philippines” and Republic Act No. 10173, when
applicable, shall apply for acts or omissions committed in the course of
motorcycle-for-hire operation.
SEC. 19. Travel Demand and Operational Data. – To assist the DOTr in
transportation planning and management, the TNCs and OEPPs shall, not later
than thirty (30) calendar days after the end of every year, submit to the DOTr
their travel demand and operational data.
SEC. 20. Transitory Provision. – To ensure a smooth transition in the
implementation of this Act, the authority and accreditation granted to existing
TNCs, OEPPs and operators shall continue to be effective until their expiration or
six (6) months from the promulgation of the rules and regulations to be issued
pursuant to Section 21 of this Act, whichever comes later.
SEC. 21. Implementing Rules and Regulations. – Within ninety (90) days
from the effectivity of this Act, the DOTr shall, in coordination with the LTFRB,
LTO, DTI-BPS, DICT, BIR, TESDA, Department of Health, Department of the
Interior and Local Government, MMDA, and Philippine National Police-Highway
Patrol Group, and in consultation with stakeholders, promulgate rules and
regulations for the effective implementation of this Act.
SEC. 22. Separability Clause. – If for any reason any provision of this Act is
declared invalid or unconstitutional, the remaining provisions not otherwise
affected shall remain valid and subsisting.
SEC. 23. Repealing Clause. – All provisions of laws, decrees, executive
orders, presidential issuances and other administrative rules and regulations, or
parts thereof, which are incompatible or inconsistent with the provisions of this
Act are hereby repealed, amended, or modified accordingly.
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SEC. 24. Effectivity. – This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or a newspaper of general circulation.
Approved.
7