Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No._ 8156

Introduced by Representatives Camille A. Villar

EXPLANATORY NOTE

A. Backdrop: Pandemic forces shift to Use of Bicycles.

With the advent of the coronavirus pandemic and eventually of the Luzon
lockdown that affected the country’s public transportation system, individuals
resorted to what the government calls non-motorized transports (NMTs) or personal
mobility devices (PMDs), which include bicycles.

The Inter-Agency Task Force and the Department of Transportation’s
Guidelines for Public Transport Operations promotes the use of such vehicles,
saying that it is “an ideal travel mode for social distancing.” The IATF-DOTr
guidelines also states that local government units are encouraged to provide
“necessary facilities to enable the utilization of NMTs and PMDs in their respective
areas, such as dedicated bike lanes, or bike-only roads.”

B. Bicycle as a Way of Life.
The development of the bicycle occurred over a period of around seventy

years and yet, throughout that period, cyclists had no legal right to use the roads or
walkways. The first Bicycle Law was enacted by the New York State Legislature


in 1887 entitled, “An Act in relation to the use of bicycles and tricycles”!. As the
years went on, simultaneous with the growing popularity of the bicycle, several
American states followed suit and enacted their own bicycle related ordinances
aiming to give cyclists equal rights, privileges and duties with respect to road usage.
In 1968, the cyclists’ right to the road was enshrined in international law with the
enactment of the Vienna Convention on Road Traffic.

In 1968, the United Nations Economic and Social Council held a conference in
Vienna to update international standards for road traffic rules. The resulting treaty
was the Vienna Convention on Road Traffic which requires all signatory countries
to comply with the set standards.

The Philippines was among the nations that signed the treaty in 1968, its
provisions were made part of the laws of the land by virtue of Presidential Decree
No. 207 in 1973, and it came into force in 1977.

As a contracting party, the Philippines is obligated to give bicycles equal and safe
access to the road. Which means when cyclists say ‘Share the road,’ we are not
asking; but rather reminding other road users of our right to the road.

C. Bicycling in the Philippines

In the Philippines, one of the first laws related to bicycle use was enacted by
the Marikina City Council in 1996 which dwells on the use of all streets, avenues,
alleys, sidewalks, bridges, parks, and other public places as bicycle lanes?. In 2001,
another ordinance from the same city created a Bikeways Office tasked to create,
supervise and manage bikeways in the city. Recently, another bicycle ordinance was
approved on second reading in the City of Davao.

It is no wonder that different cities and municipalities are following the
bicycle law model which Marikina has pioneered. Bicycle riding not only promotes
health and leisure but also provides for an alternative solution to high fuel prices,
increasing transport fares, traffic management, air and noise pollution and high cost
of motorized vehicles including maintenance and parking fees.

The Cultural Center of the Philippines Complex has integrated a bicycle lane
in its road network.

* New York Law 1887, Chapter 704, An Act in Relation to the Use of Bicycles and Tricycles
2 “Marikina to establish bicycle lanes”, Philippine Star, May 26, 2001


Accordingly, there are a number of bike-friendly cities in the country: Ioilo
City, Marikina, Cebu City, Vigan and Pasig. And that some are ‘bucket-list worthy
places to bike’ in Luzon: Corregidor, Bataan, Rizal, Marinduque, Mt.Pinatubo, the
town of General Nakar in Quezon, Mayon Volcano Natural Park, Cordillera
Autonomous Region, Sagada and Batanes*.

D. The Discussion on Bicycle Policy Should be Now.

Bicycle is not only a tool for transportation, it is also good for the health. Dr.
Antonio Dans, an avid cycler and doctor at the Philippine General Hospital,
explained that the exercise from riding a bicycle would not only boost the body’s
immune system to better fight communicable diseases such as COVID-19, but would
also improve overall health and prevent complications caused by hypertension,
diabetes, and cardiovascular illnesses’.

With bikes becoming more in-demand and physical distancing dictating social
norms, a policy on bicycle and cyclists should now figure prominently in the
government’s current and post-pandemic planning.

This bill is originally filed by former Senate President Manny Villar and is
being presented again for public discussion. The bill seeks to provide a framework
for a bicycle law on a national level so that Filipino commuters may find a cheaper
alternative to get to their destination while saving the environment from harmful
emissions. Thus, the passage of this bill is earnestly sought.

CAMILLE A. VILLAR

 Ridena.com, Top 5 Bike-Friendly Cities in the Philippines
“Traveling-up.com, 10 Great Biking Destinations in Luzon
5 DOH, June 5, 2020


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No. 8156

Introduced by Representative Camille A. Villar

AN ACT
PROVIDING FOR BICYCLE RIGHTS, CREATION OF LOCAL
BIKEWAYS OFFICE (LBO), ESTABLISHING INFRASTRUCTURE IN.
RELATION THERETO AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as the "Bicycle Act of
2020."

SECTION 2. Declaration of Policy. - It is the policy of the State to protect
and promote the right to health of the people and instill health consciousness among
them and to protect and advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature.

Likewise, in view of the fluctuating fuel prices in the world market, the State
recognizes the need for cheap alternative means of transportation and encourages
the use of non-motorized and environment friendly modes of transport.

SECTION 3. Definition of Terms. - For the purpose of this Act, the term:
(A) “Bicycle” means any two wheeled vehicle having a rear drive which is

solely human powered and having a seat height of 25 inches or greater
when the seat is in the lowest possible position;


(B) "Local Bikeways Office (LBO)" refers to the agency in charge of
implementing policies, rules and regulations pertinent to this Act;

(C) “Cyclist” shall refer to drivers of bicycles;

(D) “Department” shall refer to the Department of Public Works and
Highways;

(E) “Driver” means any person who drives a vehicle, motorized or non-
motorized;

(F) "Lane” means any longitudinal strips designated for passage of bicycles;

(G)"Non-Motorized Transport (NMT)" means any vehicle which does not use
a motorized engine;

(H) "Road" means the entire surface of any way or street open to public traffic;

SECTION 4. Creation of Bikeways. — All main roads and highways shall be
provided with Bicycle Lanes or “bikeways” identified by the Local Bikeways Office
under the supervision of the city or municipal engineering office.

SECTION 5. Powers and Functions of the Local Bikeways Office. The LBO
shall be an adjunct of the city or municipal engineering office and shall have the
following powers and functions:

a. To manage the construction and maintenance of a bikeway network
including the identification of a bikeway roadmap;

b. To establish provision of safe and strategic parking facilities, road
signages and maps, including the planting of trees in designated
areas of the network;

c. To encourage partnership with local and foreign organizations to
facilitate easy access to bicycles;

d. To conduct education and information drives on the benefits of
using bicycles or NMTs in order to promote the usage of the same;


ce

if

To cause all bicycles operating on the bikeways to be registered and
determine therefore the manner of such registration;

To maintain and keep a bicycle registry where the LBO, within sixty
(60) days from the approval of this Act, shall have formulated a
system of procedure pertinent to bicycle registration.

SECTION 6. Bicycle Park. — Each city or municipality shall create, through
the LBO and the city or municipal engineering office, 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 municipality by allocating thirty percent (30%) of their respective revenues
raised from miscellaneous activities like parking and license fees.

SECTION 7. Rights, Duties and Obligations of Cyclists. - The following
shall be the rights, duties and obligations of cyclists:

a.

Ride on any public road or street provided that it has been designated
as a bikeway except highways or where signs specifically
prohibiting bikes have been posted;

. Every person riding a bicycle on the designated bikeways shall be

granted all the rights and shall be subject to all the duties applicable
to drivers of motorized vehicles except those which by their nature
are inapplicable;

. A trailer or semitrailer may be attached to the bicycle;

|. Right and left turn signals shall be given not less than 100 feet from

turn and while stopped waiting to turn. Such signals may be given
intermittently rather than continuously if the hand giving the signal
is needed to control the bicycle;

. An audible signal shall be given before overtaking;

. When riding at night, a bicycle shall be equipped with reflective

material visible from both sides for at least six hundred (600) feet,
or a lighted lamp visible from both sides for at least five hundred
(500) feet from a motor vehicle;


g. A bicycle and its corresponding cyclist may be equipped with
additional lights and reflectors;
h. A cyclist shall keep one hand on the handlebar at all times;

i, A cyclist must always wear a helmet properly where the chin strap
is securely fastened;

j. Every bicycle shall be equipped with brakes that are capable of
stopping the bicycle within twenty-five (25) feet from a speed of
10mph on dry, clean level pavement;

SECTION 8. Restrictions. — The following are restrictions imposed upon
cyclists and the right to use a bicycle:

a. No bicycle shall carry more persons that it was designed to carry
except when another regular seat or trailer towed by the bicycle is
present;

b. Persons riding a bicycle shall not cling to another vehicle while in
the designated bikeway;

c. Bicycles may not be parked in areas other than those specifically
designated as such by the CBO;

d. A cyclist shall not ride a bicycle on a sidewalk or crosswalk;

e. A cyclist shall not carry anything on the bicycle unless it is in a
basket, bag, rack or trailer designed for that purpose;

f. A modified bicycle is not allowed on the bikeways, or that which
makes the hands higher than the shoulders when gripping the
handlebars;

g. Ownership or custody of a bicycle which has a destroyed, removed,
altered, covered or defaced serial number;

h. No person shall operate a bicycle at a speed greater than is
reasonable and prudent under the conditions then existing.


SECTION 9. Obedience to Traffic Laws and Devices. — Any person operating
a bicycle shall obey the instructions of official traffic control signs, and other control
devices applicable to vehicles, unless otherwise directed by a police officer.
‘Whenever authorized signs are posted, a person operating a bicycle shall not disobey
the direction of such sign except when that person dismounts from the bicycle, in
which case such person shall then obey the regulations applicable to pedestrians. No
person shall ride or operate a bicycle in any direction except that permitted for
vehicular traffic traveling on the same side of the bikeway.

SECTION 10. Flagging By A Police Officer. - A uniformed police officer, or
any deputized traffic officer, may stop, inspect and test a bicycle that is suspected to
be unsafe or to have improper equipment. He may also stop any cyclist operating the
bicycle in such a manner as to pose danger to others.

SECTION 11. Riding on Bicycle Lanes. Every person operating a bicycle
upon a designated bikeway lane shall remain inside such lane, exercising due care
when passing a standing vehicle or a vehicle proceeding in the same direction. When
a person operating a bicycle upon a bikeway at a speed less than the normal speed
of traffic, such person may move out of the lane under any of the following
circumstances:

a. 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;

b. When preparing for a turn at an intersection or into a private road or
driveway;

c. When reasonably necessary to leave the bicycle lane to avoid debris
or hazardous conditions.

SECTION 12. Yielding Right-of-Way From Bicycle Paths to Sidewalks. —
Every person riding a bicycle on a bikeway that is about to enter or cross a roadway
shall yield the right-of-way to all traffic on such roadway.

SECTION 13. Motor Vehicles In Bikeways. — Whenever a bikeway has been
established on a road, any person operating a motor vehicle on such road shall not
drive in the bikeway except to park when parking is permitted, to enter or leave the
road or prepare for a turn.


SECTION 14. Exercise of Due Care. — Every cyclist shall exercise due care
to avoid colliding with any pedestrian, or any person operating a bicycle or other
device propelled by human or animal power, upon any road, and shall give warning
by sounding the horn when necessary and shall exercise proper precautions upon
observing any child or any incapacitated person upon a road.

SECTION 15. Bicycle Lane Network to Link Cities and Municipalities. The
Departments of Transportation, Public Works and Highways, Interior and Local
Government, Metro Manila Development Authority and the local government units
shall plan and construct an interconnecting bicycle lane network to link cities and
municipalities and pursue similar approaches towards a sustainable and low carbon
emission transport system.

SECTION 16. Penalties. — Any person who violates any of the provisions of
this Act shall be subject to the penalty of a fine of not less than Five Hundred Pesos
(P500.00) but not more than One Thousand Pesos (P1,000.00). If such violation
causes damage or injury to persons or property then the appropriate provisions of
the Civil Code and the Revised Penal Code shall take effect.

SECTION 17. 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 18. Repealing Clause. - Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation contrary
to or is inconsistent with the provision of this Act is hereby repealed, modified, or
amended accordingly.

SECTION 19. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its publication in at least two (2) newspapers of general circulation.

Approved,