Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
Nineteenth Congress
First Regular Session
HOUSE BILL NO. ____
Introduced by Rep. Bernadette Herrera-Dy
AN ACT MANDATING ALL BUSES, TRUCKS, AND OTHER HEAVY VEHICLES
TO
UNDERGO
PREVENTIVE
MAINTENANCE
WITH
THEIR
RESPECTIVE
COMPANIES
AND
MONTHLY
INSPECTIONS
WITH
THE
LAND
TRANSPORTATION
OFFICE
(LTO)
TO
PREVENT
ACCIDENTS
DUE
TO
MECHANICAL MALFUNCTION/FAILURE AND TO ENSURE ROAD SAFETY
Explanatory Note
The Decade of Action for Road Safety (2011-2020) was declared by the United Nations in
2010. The resolution urged member states to take steps toward safer roads and mandated
the World Health Organization (WHO) to monitor the efforts taken. Unfortunately, as the
decade comes to a close, road accidents seem to surge more than it should. According
WHO, road crashes kill more than 1.2 million people every year, costing governments
about 3% of their gross domestic product. In the Philippines, the Department of Public
Works and Highways recorded 1,513 deaths in 2013. However, WHO estimated that the
actual number could be as high as 10,379. The Department of Health also stated that road
crashes are likely to claim the lives of 300,000 Filipinos by 2020.
From 2015 to 2017, the Land Transportation Office (LTO) registered 10,410,814 motor
vehicles. Thus, there is a need to effectively monitor the vehicles that crowd our roads.
The
PNPHighway
Patrol
Group
(PNP-HPG),
Metropolitan
Manila
Development
Authority (MMDA), and Philippine Statistics Authority (PSA) determined that vehicle
defects or mechanical troubles such as brake failure are leading causes of road accidents.
Other mechanical problems include worn-out/under-inflated tires, suspension and steering
issues, headlight/tail light malfunction, engine and transmission problems, and faulty
windshield wipers. Although these defects can be dangerous, it is important to note that
these are actually preventable.
Specifically, heavy vehicles must be regularly maintained because these can be dangerous
road hazards when caught up in accidents. Last April 19, 2017, thirty-one passengers died
and forty-six people were injured when an overloaded mini-bus zoomed into a 100-foot
ravine in Carranglan, Nueva Ecija. The police blamed tire explosion and brake
malfunction for the bloody road accident. Last May 7, 2019, an AMV Travel and Tours
bus had a head-on collision with a 10-wheeler truck loaded with wood, in Barangay Sta.
Catalina in Atimonan. It was reported that over 70 people were hurt in the incident. The
July 14, 2022
2:06 pm
2008


passengers claimed that the bus tried to overtake a car and lost control of the brakes, then
slammed into an approaching truck. These accidents prove that there is a great need for
brakes, tires, and engines to be regularly checked to ensure the safety of drivers,
passengers, and other road users.
Performing regular inspection on a vehicle's brake system will signify early signs of
failure such as brake fluid leaks and overheating. While drivers should maintain and
inspect their vehicles regularly, it is also the responsibility of owners and companies of
buses, trucks, and other heavy vehicles to oversee this. Companies must be liable and
must require daily routine tune-ups and preventive maintenance of vehicles that they own.
At the same time, the Land Transportation Office (LTO) must be involved in ensuring that
these vehicles are legitimately safe for travel.
To this end, the state shall pursue a policy mandating buses, trucks, and other heavy
vehicles to undergo preventive maintenance with their respective companies and monthly
inspections with the Land Transportation Office (LTO) to prevent accidents due to
mechanical malfunction and to ensure road safety.
In view of the foregoing, the passage of this bill is earnestly sought.
BERNADETTE HERRERA-DY


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
Nineteenth Congress
First Regular Session
HOUSE BILL NO. ____
Introduced by Rep. Bernadette Herrera-Dy
AN ACT MANDATING ALL BUSES, TRUCKS, AND OTHER HEAVY VEHICLES
TO UNDERGO PREVENTIVE MAINTENANCE WITH THEIR RESPECTIVE
COMPANIES AND MONTHLY INSPECTIONS WITH THE LAND
TRANSPORTATION OFFICE (LTO) TO PREVENT ACCIDENTS DUE TO
MECHANICAL MALFUNCTION/FAILURE AND TO ENSURE ROAD SAFETY
Section 1. Short Title. This Act shall be known as "Heavy Vehicle Preventive
Maintenance Act of 2022."
Section 2. Declaration of Policy. The state shall prioritize the safety of its citizens and
regulate public transportation. To ensure public safety, the government shall ensure road
worthiness of vehicles and maintain effective precautionary measures. The government
shall pursue a policy mandating buses, trucks, and other heavy vehicles to undergo
preventive maintenance with their respective companies and monthly inspections with the
Land Transportation Office (LTO) to prevent accidents due to mechanical malfunction
and to ensure road safety.
Section 3. Mandatory Preventive Vehicle Maintenance of Buses, Trucks, and Other
Heavy Vehicles. Buses, trucks, and other similar heavy vehicles shall undergo preventive
maintenance daily with their respective owners and companies in accordance to their
manufacturer's manual. Companies must keep records of proof of maintenance and
ensure its legitimacy. Failure to comply shall be penalized under Section 9 of this Act.
Section 4. Mandatory Vehicle Inspection of the Land Transportation Office (L TO).
Buses, trucks, and other similar heavy vehicles shall undergo monthly system inspection
from the Land Transportation Office (LTO). The LTO shall give a certification that the
vehicles are fit to travel before being allowed to do so. With the number of vehicles for
inspection, LTO shall provide maximum effort to accommodate and to schedule
inspections accordingly, coordinate with all LTO branches, and hire the necessary
personnel and/or inspectors for the purposes of this Act.
2008


Section 5. Responsibilities and Liabilities of Companies of Buses, Trucks, and Other
Heavy Vehicles. Companies shall be ultimately liable if upon proper investigation,
vehicles under therecare are determined to cause accidents, road hazards, or traffic
disturbances due to mechanical malfunction or failure.Circumstances of mechanical
failure shall be determined under Section 6 of this Act. They shall also be responsible to
submit their vehicles to inspection by the Land Transportation Office (LTO) and to have
it certified before their vehicles are allowed to travel. They shall ensure that their practice
of preventive maintenance of vehicles are legitimate. Companies must also practice
maximum effort in the proper maintenance of their vehicles and proper education of their
drivers.
Section 6. Circumstances of Mechanical Failure. Unless otherwise proven, circumstances
that are qualified as mechanical failure shall include but are not limited to the following:
a) Loss or faulty brake system
b) Weak or empty battery
c) Broken fuel filter or engine air filter
d) Overheating of engine or radiator
e) Flat tires due to weak tire pressure
Other circumstances shall be determined by the Land Transportation Office (LTO).
Section 7. Record of Preventive Maintenance of Vehicles. Records of preventive
maintenance from companies of buses, trucks, and other heavy vehicles and certification
of inspection from the Land Transportation Office shall be kept ready for investigation.
As seen necessary for the investigation, these shall be surrendered, unless agreed
otherwise, to government personnel, legal bodies, and able courts that are tasked to
investigate and prosecute criminal activities and civil offenses.
Section 8. Education and Practical Learning on the Preventive Maintenance of Vehicles.
The Land Transportation Office (LTO), the Department of Transportation (DOTr), the
Department of Education (DepEd), the Commission Higher Education (CHED), Local
Government Units (LGUs), barangays, driving schools, and the academe shall provide an
avenue for the education and/or practical learning of the preventive maintenance of
vehicles so  as to inform the public of appropriate safety measures. These may include
but are not limited to simulations, seminars, inclusion in the curriculum, shod courses,
and other media.
Section 9. Penal Provisions.Any person, owner, representative, of companies of buses,
trucks, and other heavy vehicles, whose vehicle has been involved in accidents and traffic
disturbances due to faulty brake systems or any other mechanical malfunction/failure,
shall be ultimately liable. Companies shall pay a fine of five hundred thousand pesos
(P500,000) and have their business permits and licenses suspended or cancelled under
relevant and appropriate agencies, upon discretion of the court.
Section 10. Fund Sources.The amounts necessary to implement this Act shall be included
in the annual General Appropriations Act.


Section 11. Implementing Rules and Regulations. Within ninety (90) days from the
effectivity of this Act, the Land Transportation Office (LTO), the Department of
Transportation (DOTR), and Land Transportation Franchising and Regulatory Board
(LTFRB) in consultation with appropriate government agencies and other stakeholders,
shall promulgate the necessary rules and regulations to implement this Act.
Section 12. Separability Clause. If, for any reason or reasons, any part of the provision of
this Act shall be held to be unconstitutional or invalid, other parts or provisions hereof
which are not affected thereby shall continue to be in full force and effect.
Section 13. Repealing Clause. All laws, decrees, orders, rules, and regulations, or parts
thereof, inconsistent with the provisions of this Act are hereby repealed, amended, or
modified accordingly.
Section 14. Effectivity Clause. This Act shall take effect after fifteen (15) days following
its publication in the Official Gazette and at least two (2) newspapers of general
circulation.
Approved,