HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. ll

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

EXPLANATORY NOTE

According to the American Chamber of Commerce, the Philippines may be
completely inhabitable by 2022". Our existing transportation infrastructure struggles to
accommodate the steady influx of new vehicles and decries the outdated mass
transportation practices that still govern the way we move and transport our goods.
Invaluable resources are wasted as our people lie stuck in traffic, and our goods
delayed.

Itis high time that the State exercise sufficient powers to put an end to the worst
woe of every Filipino commuter — a dangerous, unreliable and undignified
transportation system. This Representation hereby proposes the passage of the
Sustainable Transportation System Act which seeks to institutionalize healthy,
environment-friendly and reliable means of public mass transportation.

Under this bill, an ultimate national traffic roadmap shall be designed and
developed as the backbone of an overhauled transportation system. Non-motorized
means of transportation such as walking and biking are hereby encouraged. In support
of this, our national government shall partner with local government units and private
entities to establish and maintain facilities like bike lanes and elevated walkways within
their respective jurisdictions. Meanwhile, under-utilized means of motorized
transportation shall be revived and promoted such as the use of ferry and bus rapid
transit systems. A web of railway networks linking different regions of the Philippines
is likewise envisioned to streamline mass movement, decongest major cities, and
reduce the number of private vehicles that swarm our roads on a daily basis.

The foregoing developments provided under the proposed bill are not only

protective of the environment or supportive of a healthier lifestyle for our people. They
shall also incorporate policies that promote mobility for all sectors, especially Filipinos

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with disabilities. For instance, tactile paving and audio or accessible pedestrian signals
shall be installed in our roads and thoroughfares.

Metro Manila traffic is the third worst in Southeast Asia according to think-tank
Boston Consulting Group. On average, a commuter in Metro Manila spends 66
minutes stuck in traffic and an additional 24 minutes location a parking spot. The traffic
situation is only expected to worsen unless the State does something about it.

President Rodrigo Duterte’s administration has already launched the
aggressive Build, Build, Build campaign with at least 75 flagship projects that include
sixairports, nine railways, three bus rapid transits, 32 roads and bridges, and seaports.
This bill seeks to supplement this campaign to ensure that the policy of sustainable
transportation is impressed in every transportation infrastructure endeavor of the State
from this current administration and beyond.

In light of the foregoing premises, the passage of this bill is urgently sought.

LUIS Ri IUND 7LRAY” F. VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. ints

Introduced by: REP. LUIS RAYMUND “LRAY” VILLAFUERTE, JR.

AN ACT
PROMOTING SUSTAINABLE AND ALTERNATIVE MODES OF
TRANSPORTATION AND OTHER MOBILITY OPTIONS TO IMPROVE AIR
QUALITY, INCREASE EFFICIENCY, REDUCE ROAD CONGESTION AND
CONTRIBUTE TO A HEALTHIER FILIPINO SOCIETY

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

CHAPTER |. GENERAL PROVISIONS

Section 1. Short Title. This Act shall be known as the “Sustainable Transportation
System Act.”

Section 2. Declaration of Policies. - The State avows to protect the general welfare,
health and safety of its people, and shall exercise sufficient powers to establish a
transportation system that is safe, efficient, universally accessible, and has the least
negative impact to the environment.

Section 3. Statement of Objectives. — In light of the foregoing, the State shall provide
a sustainable transportation system with the following purposes:

a) To promote the health and welfare of the Filipino commuting public by
institutionalizing a sustainable transportation system that utilizes muscular
power;

b) To ensure the safety and security of Filipinos while commuting by installing
accessible audio pedestrian signals for persons with disabilities, and by
securing more bike-friendly communities for cyclists;

c) To protect the environment and reduce the emission of greenhouse gases by
exploring alternative modes of transportation and renewable energy sources;

d) To reaffirm the commitment to various international treaties for the protection
and preservation of the environment; and


e)

To bolster the national economy by reducing the overall commuting time, and
consequently increasing the productivity of its labor force.

Section 4. Definition of Terms

a)

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d)

e)

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“Accessible Pedestrian Signals” shall refer to visual signages or audio and
vibration signals that provides information about the status and relative position
of pedestrian light signals for blind or visually-impaired pedestrians.

“Alternative Fuel" shall refer to any non-conventional energy source instead
of gasoline or diesel, and other products derived from fossil fuels.

"Bicycle" or "Bike" means a vehicle consisting of a light frame mounted on
two wheels (one behind the other) or three wheels (the front having one wheel
and the rear having two wheels that are equidistant from the center of the
vehicle, or vice versa), and having a seat, handlebars for steering, brakes, and
pedals.

It must be propelled by muscular energy

“Bicycle Lanes” shall be understood as any longitudinal strips designated for
the exclusive passage of bikes.

“Carpooling” refers to an agreement among four (4) people or more including
the driver of a particular vehicle who would otherwise drive their own vehicles,
to make a regular journey in a single vehicle instead

“Cyclist” means a person who rides a bicycle as a means of transportation

“Elevated walkways” which utilize air rights above the road rights-of-way
(RROWs), being part of the public domain, shall be considered public spaces.

Motor and non-motor vehicles are prohibited from being driven or parked on alll
‘such walkways.

“E-bike” refers to a traditional bicycle which utilizes muscular energy but is
also equipped with an electric motor to assist with pedaling. Its specifications
and road-worthiness shall be determined by the Department of Transportation
(DoTr) through appropriate rules and regulations, taking into account
internationally accepted standards and safety considerations.

“Mixed-Use Development" refers to any urban, suburban or village
development, or even a single building, that blends a combination of residential,
commercial, cultural, institutional, or industrial uses, where those functions are

physically and functionally integrated, and that provides pedestrian
connections.

“Motorized transportation” refers to modes of transportation that utilize

motorized vehicles or those equipped with motors and powered by non-
muscular energy sources.


k) "Motor vehicle" shall mean any vehicle propelled by any power other than
muscular power using the public highways, but excepting road rollers, trolley
cars, street-sweepers, sprinklers, lawn mowers, bulldozers, graders, fork-lifts,
amphibian trucks, and cranes if not used on public highways, vehicles which
run only on rails or tracks, and tractors, trailers and traction engines of all kinds
used exclusively for agricultural purposes.

Trailers having any number of wheels, when propelled or intended to be
propelled by attachment to a motor vehicle, shall be classified as separate
motor vehicle with no power rating

|) “Non-motorized transportation” refers to modes of transportation primarily
reliant on muscular energy and without the use of motorized vehicles.

m) “Pedestrian” means any person afoot and shall include, without limitation,
persons standing, walking, jogging, running, or otherwise on foot.

n)

“Public transportation" refers to shared passenger transportation services
which are available for use by the general public. These include buses, trams,
trains, rapid transit and ferries.

0)

“Road Safety Audit" refers to the systematic checking of the safety aspects of
new highway and traffic management schemes, including modifications to
existing layouts. The main aim is to design out safety problems from the
beginning to reduce future problems. Safety audits should be included during
the design, construction and maintenance phases of road projects.

P)

“Sustainable transport” refers to any means of transport with minimal impact
on the environment . It shall be accessible, safe, environment-friendly, and
affordable. It includes walking, cycling, carpooling, the use of green vehicles
and infrastructure, as well as transport systems that are fuel-efficient, space-
saving and promote healthy lifestyles

q

“Tactile Paving” means a system of textured ground surface indicator found
on footpaths, stairs and train station platforms to assist pedestrians who are
visually impaired

“Transit-Oriented Development" (TOD) refers to a mixed-use residential and
commercial area designed to maximize access to public transport, often
incorporating features to encourage transit ridership. A TOD neighborhood
typically has a center with a transit station or stop (train station, metro station,
tram stop, or bus stop), surrounded by a relatively high-density development

with progressively lower-density developments spreading outward from the
center.

s)

“Transportation Demand Management" or "Travel Demand Management”
(TDM) refers to the application of strategies and the execution of programs
which increase transportation system efficiency by influencing and modifying
travel behavior through improved travel information and access to alternative


modes of transportation, resulting in the redistribution of commuter travel, as
well as the reduction of traffic congestion and travel time.

t) "Walkways" refer to paved paths for pedestrians. The term shall include
sidewalks, elevated walkways, and crossways.

CHAPTER II. GOVERNING AUTHORITY

Section 5. The Creation of a Sustainable Transportation System Committee
(STSC). A Sustainable Transportation System Committee (STSC), with the Secretary
of the Department of Transportation (DOTr) as the de facto Chairman, shall be the
main governing body for this Act,

Section 6. Powers and Duties of the STSC. The STSC shall be empowered to
perform the following functions:

a. It shall oversee the creation of an overall Sustainable Transport Action Plan, in

coordination with other government agencies, local government units (LGUs),
and other key stakeholders.

A Sustainable Transport Action Plan shall provide a roadmap for national and
local transportation systems to be adhered to at all levels throughout the
country. It shall include strategies and programs prioritizing the use of mass
public transport and non-motorized transport that is seamless and inclusive, the
construction of green transport infrastructure and facilities, as well as the use
of TOM, and will set forth the actions required to achieve the mode shift target
over a reasonable period of time as identified the STSC.

b. It shall formulate the implementing rules and regulations (IRR) of this Act for its
efficient and consistent implementation, and shall also be empowered to amend
the same from time to time, or whenever the STSC deems it necessary.

c. It may delegate tasks it deems necessary to certain government agencies and
private parties to ensure the full and effective implementation of this Act.

d. It shall shall lead the formation a Traffic and Health Impacts Task Force aimed
to reduce the negative health effects of poor transportation system to
commuters, as well as the damages to the environment.

€. It shall monitor the implementation of this Act, and must submit an annual status
report to the Secretary of the DOTr. Upon the approval of its Executive Board,
the STSC may also issue recommendations to the legislative branch of
government, and impose orders upon offices and agencies consisting the
STSC to ensure the top-notch and consistent implementation of this Act.

Section 7. Composition of the STSC. The STSC shall be composed of the
following:


a) The Secretary of the Department of Transportation (DOTr) who shall be the
de facto Chairman of the STSC, and head of its Executive Board;

b) The Secretary of the Department of Environment and Natural Resources
(DENR);

©) The Secretary of the Department of Public Works and Highways (DPWH);
d) The Director General of the National Economic Development Agency (NEDA);

€) The Department of Education (DepEd) who shall make up the Executive
Board of the STSC.

Other members of the STSC shall be the representatives from the:
f) The Land Transportation Franchising & Regulatory Board (LTFRB) Authority;
g) The Commission on Higher Education (CHED);
h) The Metropolitan Manila Development Authority (MMDA);

i) The University of the Philippines School of Urban and Regional Planning (UP
SURP'

i) The Union of Local Authorities of the Philippines (ULAP); and
k) Representative from the civil society sector.

Section 8. Sustainable Transport Action Plan. — The Sustainable Transport Action
Plan include programs specifically covering the following:

a. Sustainable Motorized Transport Program. The STSC shall provide guidelines that
will promote a shift towards seamless and inclusive motorized mass public
transportation to reduce the impact of fossil fuels on our environment and financial
markets, provide high quality but affordable transport services, as well as help reduce
energy costs and pollution.

Further, a unified and automated fare collection shall, as much as possible, be
established amongst all the available forms of mass public transportation.

b. Sustainable Non-Motorized Transport Program. The STSC shall develop policies
and guidelines that shall encourage and accommodate non-motorized transportation
to meet the scientifically calculated public transportation demand. Said policies and
guidelines shall include design principles for supporting facilities and infrastructure that
will espouse a seamless and coordinated transportation system such as, but not
limited to, exclusive pedestrian and bike lanes, safe street crossings, and access

ramps for persons with disabilities (PWDs) to ensure inclusive non-motorized
transportation.


c. Emission and Control Standards. The existing motor vehicular standards set by the
DOTr and the DENR on emission, fuel economy and roadworthiness shall form part
of the Sustainable Transport Action Plan as consistent with the objectives of this Act
The STSC, in coordination with related agencies, shall strictly implement these
emission standards and recommend stronger road apprehension measures.

d. Road Safety Program. The STSC shall adopt a zero-fatality policy in all its transport
plans and methods, implementing appropriate speed controls, and imposing a regular
Road Safety Audit (RSA) to influence safety performance on an ongoing basis. The
Department of Public Works and Highways (DPWH) shall identify the roads and
highways to be audited and shall be responsible for the conduct of the RSAs.

‘The Road Safety Program shall include Roadsharing Guidelines for motorists, cyclists,
pedestrians, as well as traffic enforcers to ensure the safety of all road users, and to
maintain the smooth flow of traffic at all times. Such guidelines shall incorporate
provisions on passing distance and passing speed, among others.

e. Rationalization of Franchises and Travel Demand Management Programs. The
STSC shall conduct a Land Transportation Rationalization Study which will
scientifically determine the actual need for public transportation in the various routes.
This study shall objectively determine the actual number of public buses, jeeps, taxis
and other public utility vehicles (PUVs) needed by the public in a certain route, road,
street, locality or area. After completion, the study will be used as the basis for the
Land Transportation Franchising and Regulatory Board's (LTFRB) issuance of the
franchises for all the PUVs and grant of authority to operate as a vehicle for hire.

f. Education Research Programs. The STSC shall conduct studies and researches,

and supply information to the car-owning and riding public on aspects of sustainable
transport that are relatively new.

The STSC shall also conduct public consultations and social impact assessments
amongst affected stakeholders as the Sustainable Transport Action Plan is being
rolled out.

g. Facilities and Infrastructure. The STSC, in coordination with the LGUs concerned,
shall carry out an investment program that will encourage a mode shift to sustainable
transport within selected communities by providing safe and convenient options to bike
and walk for routine travel, and for other purposes. Also, supporting facilities for non-
motorized transportation, intermodal connectivity and public transportation, in
accordance with the land use and transportation plan, shall be developed built.

Section 9. Integrated Land Use and Transportation Plan. — All Local Government
Units (LGUs) shall submit an integrated land use and transportation plan formulated
in consonance with the Sustainable Transport Action Plan. The plan shall focus on
measures to address traffic congestion, such as the removal of road and sidewalk
obstructions and urban planning strategies to avoid unnecessary travel, among others.
Furthermore, the STSC shall provide technical assistance to key stakeholders and
LGUs to facilitate the completion of these land use and transportation plans.


A Facilities and Infrastructure Design shall be included in this plan to identify the areas
and outline the facilities and infrastructure to be built on such public spaces.

CHAPTER Ill. SUSTAINABLE MOTORIZED TRANSPORTATION

Section 10. Shift to Sustainable and Inclusive Public Transportation. - This Act
shall be deemed to incorporate any and all existing transport policies consistent with

the promotion of a sustainable and inclusive mass public motorized transportation
system.

Section 11. Use of Alternative Energy and Cleaner Fuels. - The STSC, in close
coordination with the Department of Energy (DOE) and the Department of
Environment and Natural Resources (DENR), shall formulate strategies towards
vehicular modernization and use of alternative energy and cleaner fuels, consistent
with Republic Act No. 4109, otherwise known as the "Philippine Standardization Law’,
Republic Act No. 8749, otherwise known as the "Philippine Clean Air Act of 1999", and
Republic Act No. 9367, otherwise known as the "Biofuels Act of 2006". The DOTr shall
take into consideration the availability and viability of these alternative energy sources
and cleaner fuels.

Section 12, Promotion of Private Carpooling. — Various incentives enumerated
under Section 31 of this Act shall be granted to any private vehicle that carries at least
four (4) passengers to promote shared usage of private vehicles.

Section 13. Establishment of a Bus Rapid Transit (BRT) System. - The STSC
shall prepare a study commissioning the creation of a Bus Rapid Transit (BRT) System
which will organize buses into one efficient long-distance transportation system with
coordinated schedules, rates, routes, and pick-up and drop-off points. The LGU and
the private sector, including but not limited to mall owners and bus companies, may
be tapped in order to put up or use existing facilities such as parks, parking lots, and
bus depots that will serve as large collective transportation terminals where people
can park their cars and bikes, and take the buses to their destinations.

Section 14, Establishment of a Water Ferry System. — As much as practicable, the
national agencies and water regulatory bodies in charge of a water body led by the
DENR and DOTr, in coordination with the STSC, shall study and initiate the
establishment of a ferry system in navigable bodies of water which may be operated
by the said Authority, LGUs or bid out to a private contractors.

Section 15. Development of a National Mass Rail Transit Network. - The
Sustainable Transport Action Plan shall prioritize the development of a rail transit
network which shall connect cities and provinces through modern mass and high-
speed railways. It shall include the upgrade and modernization of existing railways to
meet international safety and performance standards.

CHAPTER IV. SUSTAINABLE NON-MOTORIZED TRANSPORTATION


Section 16. Strengthening and Promotion of Non-Motorized Transportation. The
STSC, along with all government agencies, local government agencies, and private
parties shall ensure the adoption of the Sustainable Transport Action Plan in the
design of all their buildings and premises, especially the construction of necessary
facilities that promote walking and biking as primary modes of transportation.

A. WALKING

Section 17. Installation of Elevated Walkways. - There shall be designated
elevated walkways in Epifanio de los Santos Avenue, commonly referred to by its
acronym “EDSA’, which shall traverse Metro Manila, and in all major public
thoroughfares in high density urban areas, consisting of enclosed or covered
footbridges serving as exclusive access-ways for pedestrians, under the parameters
set forth in this Act

Section 18. Elevated Walkways Design. - The design, purposes, and specifications
of elevated walkways to be established under this Act shall be governed by the
following standards:

(@) Continuous flow — Elevated walkways must maintain a continuous flow of
pedestrian movement throughout the day and night, allowing pedestrians to
move freely without vehicular congestion and interruptions from traffic lights
and intersections. Way-finding provisions and directional signages shall
facilitate flow within the system;

(b) High density - The design and location of elevated walkways must
maximize the use of high density areas in order to relieve pressure from
overcrowded streets by catering to the largest percentage of pedestrians
throughout urban areas at any given time, displacing ground-level
pedestrian movement to several levels, and enhancing movement within
city centers;

(c) Temperature control — Elevated pedestrian routes must provide climatically
controlled continuous spaces, provide relief from extreme temperatures
associated with hot, humid, and wet climates, distance pedestrians from
vehicular pollution and vehicular contact, and adopt measures that
maximize the use of shaded, cool, open-air zones. Both passive cooling
techniques and artificial ventilation devices shall be used in a sustainable
manner,

(d) Connectivity - Elevated walkways must be interlinked in @ manner that
connects pedestrian movement to retail, residential, commercial, and
business activities, as well as adopt essential access points that facilitate
pedestrian entry to and exit from ground (grade) level walkways;

(€) Safety — Elevated walkways must directly address issues of pedestrian
safety, including the separation of pedestrians from vehicular traffic,
exposure to natural hazards, and compliance with disaster resilience and
mitigation standards;


() Environmental sustainability — The Program must maintain adequate spatial
standards between the existing environment and all urban intervention
under this Act; address potential ground floor decay and abandoned space;
provide necessary safeguards and protection to walkway users who will be
exposed to both air and noise pollution; and establish public address
systems designed to warn all users of encountering such pollution upon
entering and using the walkways. Energy and water conservation as well as

solid waste management shall be the key sustainability features of the
system;

(g) Social inclusivity - Elevated walkway networks must be socially inclusive by
addressing potential social separation caused by the introduction of aerial
walkways in areas of different income classes, and by accommodating
persons with disability (PWDs) through the installation of structural and
vertical access facilities that reasonably enhance their mobility consistently
with existing disability laws, including, without limitation, B.P. Big. 344,
otherwise known as the Accessibility Law, and R.A. No. 7277, as amended,
otherwise known as the Magna Carta for Disabled Persons;

(h) Right-of-way interfacing - The design and establishment of elevated
walkways must consider affected portions of the road right-of-way and other
key portions of the public domain. Of particular importance are the interfaces
with grade level sidewalks allotted for exclusive use by pedestrians, for the
elevated walkway supports/foundation and for the vertical access system;
air rights directly above the sidewalks; required space for connectors that

il 's above the carriageway portion allotted for the exclusive

use of vehicles using the road right-of-way; connection of air rights above

the sidewalks at opposite sides of the road right-of-way; legal easements
and their air rights along waterways in a manner that would enable such

easements to host elevated walkways consistent with of P.D. No. 1067 (s.

1976), otherwise known as the Water Code, and R.A. No. 10752, otherwise

known as the “The Right-of-Way Act”.

(

Vertical Access System — As elevated walkways may have finished floor
elevations above sidewalk surfaces, vertical access systems shall be
established to connect the walkways to ground level pedestrians. Vertical
access systems established under this Act shall include, without limitation,
elevators, stairs, and escalators that shall be gender-sensitive, socially-
inclusive, elongated and appropriately sloped, and constructed in a manner
that will not unduly constrict connecting sidewalks. Sidewalks adjacent to
elevated walkways shall give way to pedestrian drop-off areas catering to
public transport commuters and private vehicle riders who desire to avail of
vertical access systems to reach elevated walkway systems;

G

Support facilities — Elevated walkway systems shall include the construction
and maintenance of support facilities, such as bicycle parking lots, adequate
lighting, crime prevention facilities and well-lit patrolling space for law
enforcement personnel, closed-circuit television (CCTV) camera systems,
access to restrooms, and adequate drainage. The maintenance of


pedestrian infrastructure and functional public spaces above the street level
shall be a requisite for sustainable elevated walkways;

(k) Active policing — Elevated walkway networks established under this Act
must provide for the administration of active policing and law enforcement
coordination to prevent obstructions, nuisances

(I) Adaptability to future technology — Elevated walkway structures shall be
designed in ways that will render them adaptable to future technology and
technological capacity, including the capacity to be later fitted with
walkalators to increase pedestrian capacity; and

(m) Expandability - Elevated walkway networks must provide for both
horizontal and vertical expandability to accommodate increases in capacity.

Section 19, Preservation and Maintenance of Elevated Walkways. - Any and all
infrastructure created in line with the mandate and for the purposes of this Act is
deemed owned by the Republic of the Philippines, unless otherwise specified or
excluded by Congress

Hence, all elevated walkways shall be free of illegal structures, blockages and other
occupants that obstruct the free flow of transportation, unnecessarily densify these
spaces, and/or endanger the safety of motorists, commuters and pedestrians.

Section 20. Incorporation of Tactile Paving. - Pedestrians with disabilities
especially those who are blind and deaf shall be assured independent mobility through
the incorporation of tactile paving and warning signals in all public highways, roads,
pavements, footways, footpaths, stairs, footbridges, sideways, rail platforms, bus
stops, pedestrian crossings, and all other public spaces and infrastructure according
to internationally accepted standards and safety considerations.

The STSC shall conduct earnest efforts to reconstruct of retrofit existing public spaces
and infrastructure to incorporate tactile paving.

Section 21. Installation of Accessible Pedestrian Signals (APS). - Accessible

Pedestrian Signals shall be installed in all crosswalks and other intersections as per
international safety standards, and as endorsed by the STSC.

B. BIKING
Section 22. Incorporation of Biking in Public Transportation. - The State, through
the STSC and other government unts, shall endeavor to incorporate biking as a
Filipino commuter’s way of life and primary mode of transportation.

Section 23. Rights and Duties of a Cyclist. —

10


a) Cyclists must obey all traffic rules and regulations except those which are not

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applicable to bicycles.

Cyclists operating a bicycle inside a bike lane shall remain inside such lane,
and shall exercise due diligence when passing a standing vehicle or a vehicle
proceeding in the same direction

Cyclists shall be required to bike within the lanes, unless no bike lanes have
been designated on such roads yet

A cyclist may leave his lane under the following circumstances only:

i. 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; or

ji. When preparing for a turn at an intersection or intro a private road or
driveway; or

iii, | When reasonable necessary to leave the bicycle lane to avoid debris
or hazardous conditions.

A cyclist must make the appropriate hand signals in every turn which shall be
given not less than 100 feet from turn and while stopping or waiting to turn.

A cyclist must make audible signals before overtaking;

A cyclist must yield the right-of-way to alll traffic on such roadway whenever
entering or about to enter or to cross a roadway;

A cyolist must exercise proper precautions upon observing any child or persons
with disability upon a road especially on pedestrian crossing;

Cyclists shall not carry any person, animal or object that prevents them from
seeing the road or from having complete control of the bicycle;

Cyclists shall maintain at least one hand on the handlebar at all times;
Cyclists must wear appropriate biking gear, and,

Bicycles must be equipped with the following safety features:

i. A white front light and a red rear light or reflector when riding between
half hour before sunset and half hour after sunrise;
ii, White reflective tape in front and red reflective tape at the back of the
bicycle frame;
iii. | Working rear brakes; and
iv. Abell or horn.


Section 24, Bike Lanes and Other Infrastructure. - There shall be designated
bicycle lanes, as identified in the Bike Transport Action Plan, which shall serve as

exclusive passage for cyclists. Motor vehicles are prohibited from being driven or
parked on any bike lane.

The bike lanes shall be separated by a physical barrier and shall be clearly identified
with signs and/or pavement markings. In cases where the installation of a physical

barrier is not feasible, the lane for bicycles shall be identified through reflectorized
yellow painted lines.

Other bike infrastructure facilities shall include, but are not limited, to the following:

. Sidewalk improvements;
Traffic calming and speed reduction improvements;
Pedestrian and bicycle crossing improvements;
Traffic signage pertaining to bicycle:
. Off-street pedestrian and bicycle fa
. Traffic diversion improvements.

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Section 25. Bike Parking and other bike parking facilities. - All public places,
government offices, schools, major business establishments, including malls, banks,
restaurants, hospitals, and the like, are hereby required to provide adequate bicycle
racks for bike parking and other infrastructure as far as practicable

Section 26, Bike Parks. - Each city or municipality shall create 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
Municipal government by allocating thirty (30) percent of their respective revenues
raised from the miscellaneous activities like parking and license fees.

A Local Bikeways Office, under the local government unit, shall designate the area for
the bicycle parks.

Section 27. Local Bikeways Office (LBO). - A Local Bikeways Office (LBO) under
the supervision of the city or municipal government shall be created to oversee bike
infrastructure in the locality.

Section 28. Powers and Functions of the Local Bikeways Office. -

a) Prepare plans, specifications, manage the construction and maintenance of
bike lanes on all thoroughfares and roads in the locality.

b) Identify areas, oversee the construction and maintenance of bike parks in the
city or municipality.

©) Establish the provision of safe and strategic parking facilities for bicycles.
d) Conduct education and information drives for the benefits of using the bicycles

in coordination the STSC, DepEd, CHED, and other pertinent government
agencies to promote the usage of the same.

12


e) Encourage partnership with local and foreign organizations to facilitate access
to bicycles.

Section 29. Traffic Enforcement and Management Guidelines for Cyclists. - A
uniformed police officer or any deputized traffic officer may stop, inspect, and test drive
a bicycle that is suspected to be unsafe or to have improper equipment. He may also
stop any cyclist operating a bicycle in such a manner as to pose danger to others.

Section 30. Carless Day. - To promote the use of bicycles, the country shall
participate in the annual celebration of World Car-Free Day every second Sunday of
September. The country shall also observe the second Sunday of April as the National
Car-Free Day. The Secretary is hereby mandated to determine the primary and
‘secondary roads to be carless during these annual celebrations.

CHAPTER V. TAX INCENTIVES AND OTHER BENEFITS

Section 31. Tax Incentives and Other Benefits of Sustainable Transport
Practices.

A. Carpooling

i. Any private vehicle which carries at least four (4) passengers shall get free
parking fees in any establishment run by or under a contract with the
government and any of its agencies or instrumentalities including government
owned and controlled corporations.

ii, Any private vehicle which carries at least four (4) passengers shall be exempted
from any Vehicle Reduction Scheme being implemented by the Metropolitan
Manila Development Authority (MMDA) or by any local government unit (LGU)

B. Biking

i. Subject to Section 32 of this Act on Substantiation, employees who shall
regularly and mainly use bicycles as means of transportation to and from their
places of work shall be entitled to an annual tax deduction of Two Thousand
Five Hundred Pesos (PhP 2,500.00) from their gross income. The said tax
deduction shall be reviewed and updated every three years by the STSC.

ii. Expenses incurred by employers or schools in providing their employees or
students by way of benefits, bicycles, eligible equipment, and bike-friendly
facilities shall be deductible in full from their gross income.

iii. Expenses incurred by companies, business establishments, and other
institutions as a result of their bike-friendly programs and facilities shall be
deductible in full from their gross income.

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iv. Bicycles granted by employers to its managerial and supervisory employees in
compliance with this act shall not be taxable and fringe benefits as provided
under Republic Act No. 8424

v. The STSC shall establish a program the gives incentives to private and
government offices that encourage their employees to ride their bicycles to
work by providing for bicycle facilities within their establishments, lockers and
showers.

Section 32. Substantiation Requirements.

For Section 29. A. of this Chapter, the free parking fees and other discounts shall be
availed only after upon presentation by the driver of a private car of his or her valid
driver's license.

For Section 29.B. of this Chapter, the qualified persons, companies, institutions
desiring to avail of the benefits of this Act shall substantiate their claim for incentives

with sufficient evidence, such as logbook entries, official receipts, affidavits or other
adequate records.

CHAPTER VI. PENAL PROVISIONS

Section 33. Prohibited Acts and Penalties.

A. Biking Violations shall be as follows:

a
b.

. No cyclist/biker shall drive under the influence of alcohol;

No bicycle shall carry more than its allowable limit as per its build and
design;

c. No rider shall cling to another vehicle while in the designated bikeway;
d.

No rider shall operate a bicycle at a speed greater than reasonable and
prudent under the conditions then existing;

.. No cyclist/biker shall text or use any hand-held electronic gadget while

biking; and

No person shall use the designated bike lanes for rallies, peaceful
concerted activities or other related events except, for religious
processions or activities supported with the necessary permit

Any person who violates items (a-f) above shall be penalized as follows:

of

First Offense — A fine of Three Hundred Pesos (P 300.00);
Second Offense — A fine of Five Hundred Pesos (P 500.00);

Third Offense — A fine of One Thousand Pesos (P 10,000.00) or 30 hours

of community service, or both;

The abovementioned penalties shall be applicable notwithstanding the
application of the New Civil Code and the Revised Penal Code on the
damage or injury committed to persons or property and the existing
regional and local traffic rules and regulations already implemented

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8. Carpooling Violation. It shall be unlawful for any person who is not engaged in
the business of or registered to operate any public utility to demand any kind of
payment from his or her passengers in direct circumvention of this Act

Any person who will be found guilty of this offense shall be meted with a fine of
not less than P5,000.00 but not more than P10,000.00 and/or suffer an

imprisonment of not less than six (6) months at the sound discretion of the
Court

C. APS Violation. The unauthorized, indiscriminate and vexatious use of the APS
Push Button, which is only for the exclusive use of PWDs, the elderly and
pregnant women, is prohibited.

Any person found guilty of committing the aforementioned violation may suffer
a) First Offense — Fine of Five Hundred Pesos (P500.00);
b) Second Offense — Fine of Two Thousand Five Hundred Pesos
(P2,500.00); and
c) Third Offense — Fine of Ten Thousand Pesos (P 10,000.00) and/or one
(1) day to thirty (30) days of imprisonment.

D. Sustainable Transport Action Plan. Any person or establishment that
deliberately and maliciously violates provisions and guidelines in infrastructure
and facilities design, as well as construction and maintenance provisions under
any of the programs and/or plans as provided by the Sustainable Transport
Action Plan of the STSC shall be punished by a fine not exceeding one hundred
thousand pesos (P 100,000.00).

When the offender is a corporation, the officers responsible for the violation
shall be meted said penalties

E. Preservation and Management of Sustainable Transportation Infrastructure.

No person shall vandalize, deface, or destroy any and all infrastructure built
pursuant to this Act.

Illegal vending and other forms of informal and unlawful occupation of the
infrastructure and related spaces created under this Act are strictly prohibited.

Section 34, Liability of Public Officers. ~ It shall be unlawful for any public works
official to commit any of the following acts:

a) Failure or refusal to mark the existing main roads and highways as per
the Sustainable Transport Action Plan guidelines; and

b) Approval of construction plans of main roads, highways, buildings and
any other infrastructure when the same are not in accordance with
guidelines of the Sustainable Transport Action Plan.

Any public works official found guilty of committing the immediately preceding
aforementioned prohibited acts shall be punished by a fine of not less than ten
thousand pesos (P10,000.00) or more than thirty thousand pesos (P30,000.00), or
suspension, or both, at the sound discretion of the Court

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Section 35. Enforcement. — The STSC is hereby empowered to design a schedule

of penalties and designate the appropriate agencies to ensure the strict
implementation of this Chapter.

A public officer's failure or refusal to perform his duties and responsibilities under this
Act and its Implementing Rules and Regulations shall be deemed gross negligence of
duty punishable under existing laws.

CHAPTER VII. MISCELLANEOUS PROVISIONS

Section 36, Appropriation. — To carry out the provisions of this Act, such amount as
may be necessary is hereby authorized to be appropriated from the National Treasury

Thereafter, the amount necessary for the continuous operation of STSC shall be
included in the annual appropriation of the DOTr

Section 37, Financing. - The DOTr, in coordination with the DENR, shall explore the
possibility of accessing a growing range of global environment funds in order to be
able to assist in the funding of sustainable public transport systems and less polluting
energy supplies. Public-private partnerships shall also be encouraged in the
development of transportation improvements.

Any fines or penalties that may be collected for the violations under this Act shall also
be appropriated for the continuance of the measures under this Act.

Section 38. Implementing Rules and Regulations (IRR). - The STSC, in
coordination with government agencies, local government units, and private parties it
deems necessary, shall come up with an overall IRR to ensure the consistent and
efficient implementation of this Act

The STSC shall present the IRR to the DOTr not later than six (6) months after the
implementation of this Act. The DOTr shall approve the final IRR not later than 18
months from the effectivity of this Act.

Section 39. 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 40. Repealing Clause. - Any law, presidential decree or issuance, executive

order, letter of instruction, administrative order, rules and regulations contrary to or is

inconsistent with in the provision of this Act is hereby repealed, modified or amended
accordingly.

Section 41. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) papers of general circulation.

Approved,

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