Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4652
HOUSE BILL NO.

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

EXPLANATORY NOTE

Ride-hailing apps have become a commuter's favorite phone application. With just a
tap on the screen, a ride would be on its way to pick you up wherever you are and
bring you to your destination. Nowadays, with traffic congestion still a big problem in
the streets of Metro Manila, motorcycles have become the preferred mode of transit
for motorists. And it's also become the favorite for commuters, as popularity is
increasing for motorcycle ride-hailing apps like Angkas as it provides for greater
mobility around the Metro.

We've seen Angkas riders with their blue vest cruise along EDSA, sometimes with a
passenger at the back, often called motorcycle taxis, and is currently operating in
Cebu, General Santos, and Cagayan de Oro apart from Metro Manila’. Globally,
motorcycle ride-hailing apps have been emerging in cities like Indonesia, Thailand,
India, Paris, and in East Africa, where the apps have been key in making motorcycle
taxi rides safer’. In Jakarta, motorcycle taxis have help drive unemployment rate
downward as the ride-hailing apps attract many Indonesians to join as drivers?.

The idea of motorcycles as a form of public transportation is not new to the country.
Habal-habal is a commonly known form of transportation, especially in the province,

' Reyes, Rizal Raoul. November 30, 2018. Business Mirror. Accessed on July 17, 2019.
https://businessmirror.com.ph/2018/11/30/angkas-riding-with-the-winds-of-change/

? Accessed on July 16, 2019. http://techandlifestylejournal.com/angkas-motorcycle-taxis-globally-help-
‘economy!

3 Tbid.


where up to 3, sometimes 5, people fit themselves in a motorcycle through a makeshift
extension seat to get around the city. The popular Tricycles also use motorcycles to
transport people, but are able to seat passengers in a sidecar instead. Angkas is a
modemized version of the classic Habal-habal, only being able to seat 1 passenger
alongside the driver and can be hired through a ride-hailing app. Whether a Habal-
habal or an Angkas motorcycle taxi, the goal is clear: to provide an option for
transporting people and helping commuters get to where they need to be.

In the hopes of improving this popular mode of public transportation, and making sure
that it is safe for commuters to take and ride around the city with, this measure
proposes to legalize motorcycles for hire. This would amend Section 3 and 7 of
Republic Act No. 4136 to include motorcycle-for-hire in the definition of terms and in
the classification of vehicles that would be required for registration with the Land
Transportation Franchising and Regulatory Board (LTFRB). It aims to recognize
motorcycles for hire, or Habal-habal or motorcycle taxis, as a legitimate mode of public
transportation in the country.

To ensure the safety of the riding public, the operators of motorcycles-for-hire are
required to have insurance coverage for the driver, rider and third party. The Land
Transportation Office, LTFRB and relevant agencies are mandated to provide the
necessary guidelines and minimum requirements to ensure the safety of passengers
and goods while the Department of Transportation is mandated to prescribe the routes
and require the establishment of terminals.

Number one priority in transporting people is the safety and welfare of the passengers
and the driver. In welcoming a new age of public transportation, this bill seeks to set
the groundwork to make motorcycles safe and secure for the riding public and the
operators. The proposed measure would start the framework for quality assurance
among motorcycles for hire, give commuters an altemative for a mode of
transportation and ensure a safe road for everyone.


This bill is filed as a counterpart to Senator Poe's version in the Senate.

The approval of this bill is earnestly sought.

Luis IND/“LRRAY” F. VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL no,485 2
Introduced by HON. LUIS RAYMUND “LRAY” F, VILLAFUERTE, JR.

AN ACT
ALLOWING AND REGULATING THE USE OF MOTORCYCLES AS PUBLIC
UTILITY VEHICLES, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 4136,
OTHERWISE KNOWN AS THE “LAND TRANSPORTATION AND TRAFFIC
CODE, AND FOR OTHER PURPOSES”

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

SECTION 1. Short Title. — This Act shall be known as “The Motorcycles-for-Hire Act
of 2019”

SECTION 2. Declaration of Policy. - The State recognizes the role of safe, reliable,
and affordable public transportation as a means to Provide the people with a rising
Standard of living, and an improved quality of life for all, Towards this end, the State
hereby allows use and regulation of motorcycles as an altemative mode of public
transportation in order to provide convenience and ease of commute in urban and rural
areas while ensuring public safety and efficiency of the transport system as a whole.

SECTION 3. Section 3 of Republic Act No. 4136, or the “Land Transportation and
Traffic Code” is hereby amended as follows:
“Section 3. Words and phrases defined.- As used in this Act
“(a) “Motor Vehicle” x x x
XXX

“(m) “Tourist” x x x


(N) MOTORCYCLES FOR HIRE - SHALL MEAN ANY TWO-
WHEELED MOTOR VEHICLE WHICH IS REGISTERED WITH THE
LAND TRANSPORTATION OFFICE (LTO) OR THE LAND
TRANSPORTATION FRANCHISING AND REGULATORY BOARD
(LTFRB), AS THE CASE MAY BE, WHICH TRANSPORTS
PASSENGERS AND GOODS ON A FOR HIRE BASIS, AND WHICH
MAY UTILIZE ONLINE RIDE HAILING OR PRE-ARRANGED
TRANSPORTATION PLATFORMS: PROVIDED, THAT THE
MOTORCYCLE SHALL WEIGH LESS THAN ONE THOUSAND
KILOGRAMS (1,000 KG), CAN TRAVEL FASTER THAN FIFTY
KILOMETERS PER HOUR (50 KM/H), AND HAS A MINIMUM ENGINE
DISPLACEMENT OF 125 CUBIC CENTIMETERS (125 CM*) AND A
BACKBONE TYPE BUILD.”

SECTION 4. Section 7 (d) of Republic Act No. 4136 is hereby amended to read as
follows:
“Section 7. Registration Classification.- Every motor vehicle
shall be registered under one of the following described classifications.

(a) xx
(b) xxx
(0c) xx

(d) Public utility automobiles; () public utility trucks; (f) taxis
and auto-calesas; (g) garage automobiles; (h) hire trucks; [and] () trucks
ND
(K) MOTORCYCLES-FOR-HIRE. Application for registration under
these classifications shall be accompanied by a certificate of public
conveyance or a special permit issued by the LAND
TRANSPORTATION FRANCHISING AND REGULATORY BOARD
[Public-Services-Commission], and motor vehicles registered under
these classifications shall be subject to the Public Services Law, rules

owned by contractor and customs brokers and customs agends

and regulations, as well as the provisions of this Act.

xx.

The succeeding sections shall be renumbered accordingly.


SECTION 5. Liability and Diligence Required. — Motorcycles-for-hire are hereby
declared as common carriers for purposes of determining the liability and degree of
diligence that must be observed in the course of transporting passengers or goods,
and the presumption of negligence in breach of contract shall likewise apply to them.

SECTION 6. Roadworthiness of Motorcycles for Hire. — The LTO and LTFRB, as
the case may be, shall ensure the roadworthiness of motorcycles-for-hire before
registration or renewal of registration. To further ensure safety, no modifications shall
be made on motorcycles-for-hire, except the installation, based on safe engineering
design specifications, of motorcycle luggage carrier, saddlebag, stepboard or foot peg
and appropriate speed limiter and monitoring device

SECTION 7. Issuance of Driver's License. — Pursuant to Section 23-A of Republic
Act No. 4136, as amended by Republic Act No. 10930, the LTO shall promulgate the
necessary prerequisites and guidelines for the issuance of professional licences to the
driver-applicants, including the theoretical and practical examinations appropriate for
motorcycles for hire. The LTO shall also ensure the continuous safety training of
licensed drivers of motorcycles-for-hire.

SECTION 8. Fare Setting. - The LTFRB shall determine, prescribe, approve and
periodically review and adjust reasonable fares, rates, and other related charges for
the operation of motorcycles for hire. The LTFRB may allow motorcycles-for-hire to
choose and use online ride-hailing platforms or pre-arranged transportation platforms,
accredited by the proper government agency under the applicable laws and rules and
regulations: Provided, That such online ride-hailing platforms or pre-arranged
transportation platforms shall provide a fare estimator that enables users to estimate
the cost of a trip, and issue an electronic receipt afterwards.

SECTION 9. Prescribing of Routes. — In prescribing routes for motorcycles-for-hire,
the Department of Transportation and the LTFRB shall give priority to higher-capacity
vehicles or mass transit systems in accordance with route rationalization studies.
Motorcycles-for-hire may be allowed to operate for a limited period, with limited
number of units, and in specific routes only, as may be determined by the DOTr and


the LTFRB in coordination with concerned local government units: Provided, That
specific routes shall not be prescribed for motorcycles-for-hire which utilize online ride-
hailing or pre-arranged platforms.

SECTION 10. Penalties. - The operations of motorcycles-for-hire in violation of this
Act shall be penalized pursuant to the violations and applicable fines and penalties
provided under existing laws and agency regulations: Provided, That companies or
officers or directors thereof, providing online ide-hailing or pre-arranged
transportation platforms involving motorcycles without a valid franchise, shall have
solidary liability and shall be penalized accordingly.

SECTION 11. Implementing Rules and Regulations. — The DOTr, LTO, and LTFRB,
in coordination with the Metro Manila Development Authority, Department of Interior
and Local Government, Philippine National Police-Highway Patrol Group, Department
of Health, and other agencies and stakeholders shall promulgate the necessary
implementing rules and regulations (IRR) within sixty (60) days from the effectivity of
this Act.

The IRR shall include, among others, the jimitation on the number of riders and
weight or load capacity that can be certified as safe by the manufacturers, which shall
be indicated on the motorcycles; the applicable speed limits; the road safety and traffic
laws and regulations that need to be complied with; the necessary insurance policy
covering the driver, rider, and third parties, including extent of liability; and other
requirements for the safety, security, and health of the driver and rider, which shall
include a zero tolerance for drugs and alcohol policy.

SECTION 12. Separability Clause. - Should any provision herein be declared
unconstitutional, the same shall not affect the validity of the other provisions of this
Act.

SECTION 13. Repealing Clause. — All laws, decrees, orders, rules, and regulations
or other issuances or parts inconsistent with the provisions of this Act are hereby
repealed, amended, or modified accordingly.


SECTION 14. Effectivity Clause. — This Act shall take effect in fifteen (15) days after
publication in the Official Gazette or in one (1) newspaper of general circulation in the
Philippines.

Approved,