Republic of the Philippine

HOUSE OF REPRESENTATIVES marci
Quezon City Dale Tia ISB
me a

SEVENTEENTH CONGRESS py. we

First Regular Session
2?de

RELIST VION LN
BILLS AND

House Bill No.

Introduced by HON. ROZZANO RUFINO B,.BIAZON

EXPLANATORY NOTE

is proposed measure seeks to mandate the installation of a monitoring equipment in
all vehicles.

Concer for the safety and welfare of everyone — this is the primordial concern of this
proposed legislation. Whether as a private vehicle or public utility owner, commuter, law
enforcement officer, insurer or even just a plain pedestrian, one stands to benefit from this
proposal.

The installation of a monitoring equipment, whether a dashboard camera or closed
circuit television camera (CCTV), is envisioned to benefit not only vehicle owners but
society in general. The practicality of installing these pieces of equipment in private and
public utility vehicles (PUVs) may best be described by their many important uses among
which are the following:

(1) They are able to record first-hand evidence of vehicular accidents;
(2) They can be used to report undisciplined drivers;

(3) They may be utilized to secure vehicl
(4) CCTVs in PUVs may serve as deterrents in the commission of crimes; and
(4) They can prevent insurance fraud and such other fraudulent claims.

Monitoring equipment in vehicles can also help bring back order in our chaotic roads
because of their capability to record and monitor whatever is happening in a vehicle and on
the road. According to James Deakin, a motoring expert and multi-awarded automotive
journalist, these monitoring equipment are envisioned to “create an environment where
‘motorists are forced to drive better because they know that everyone is watching”.

In view of the foregoing, the immediate approval of this bill is earnestly sought.

ROZZANO haf <4 B. fae

Representative
Lone District, Muntinlupa City

2 PRESENT ATVES


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No.

Introduced by HON. ROZZANO RUFINO B, BIAZON

AN ACT
MANDATING THE INSTALLATION OF MONITORING DEVICES IN VEHICLES
AND PROVIDING PENALTIES FOR VIOLATION THEREOF

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 “Vehicle Monitoring

SEC. 2. Declaration of Policy. ~ It is hereby declared the policy of the State to
promote the safety and general welfare of its citizens at all times. The right of its citizens to
travel in an environment that is free from harm and danger shall be promoted at all times by

the State. Towards this end, it shall come up with measures that shall contribute to the

achievement of thi:
SEC. 3. Definit

a. Closed Circuit Television or CCTV refers to an electronic communications system

te policy.

n of Terms, ~ For the purpose of this Act, the term:

equipped with a video camera or video cameras capable of recording and storing signals or
digital information and connected to a monitor or set of monitors designed to perform
surveillance over a limited area;

b. Dashboard refers to that part of the vehicle that contains some of the controls
used for driving and the devices for measuring speed and distance;

c. Dashboard Camera refers to a forward facing camera that is attached to a
vehicle’s dashboard or windshield in order to monitor and record what is happening on the
road that the vehicle is driving along

4. Operator refers to any person or entity in whose name a Certificate of Public
Convenience (CPC) is issued by the Land Transportation Franchising and Regulatory Board

1


(LTFRB) to operate a public transport service for compensation and for a covered period of
time;

e. Public Utility Vehicle or PUV refers to any public utility bus, taxicab, public

utility jeepney, school transport service, tourist transport service, UV express service, bus
rapid transit, airport bus, premium taxi, transport network vehicle service, shuttle bus and

fied by the LTFRB or

other motor vehicles classified or as may hereinafter be cla:
appropriate agency as such;

f. Tampering refers to any act of intentionally dismounting, destroying or breaking
the CCTV or dashboard camera or any other acts intended to disable or hinder any of its
Ia

functior
the CCTV.
SEC. 4. Mandatory Installation of CCTV in Public Utility Vehicles. — Upon the

Iso includes the act of deleting or editing the contents of the storage device of

effectivity of this Act, no public utility vehicle herein defined shall be allowed to operate in
any road or highway without the required CCTV installed and duly authenticated and sealed
by the LTFRB. Replacement of damaged or stolen CCTV tracker must undergo the same
process of installation, authentication and sealing.

‘The fact that the PUV is equipped with CCTV must be made known to the passengers
through a written notice boldly displayed in conspicuous locations outside and inside the
body of the PUV.

No operator shall be granted a CPC or franchise to operate a PUV without complying
the above requirements: Provided, That, in the case of PUVs which are already in operation
prior to the effectivity of this Act, the concerned operators shall comply with the above
requirements upon renewal of registration or not later than six (6) months from the
promulgation of the implementing rules and regulations (IRR) of this Act.

SEC. 5. Mandatory Installation of Dashboard Camera in Private Vehicles. - Upon

the effectivity of this Act, a dashboard camera including a storage device which must be
capable of recording information before being overridden by subsequent ones, shall be a
standard equipment installed in all private vehicles. Manufacturers of vehicles shall be given
six (6) months after the promulgation of the IRR of this Act to comply with its provisions and
ensure that no vehicle shall be sold to the public without such standard equipment.

No new private vehicle that fails to comply with the provisions of this Act and its IRR
shall be registered by the Land ‘Transportation Office upon the effectivity of this Act.


SEC. 6. Specifications and Standards of CCTV and Dashboard Camera. ~ The
LTFRB, in coordination with the Department of Transportation (DOT), Department of
Science and Technology (DOST) ~ Information and Communications Technology (ICT)
Office and Department of Trade and Industry (DT!) ~ Bureau of Philippine Standards (BPS),
shall provide for the specifications and standards of CCTV and dashboard camera herein
required, including the storage device which must be capable of recording at least 48 hours of
information before being overridden by subsequent ones. It shall also determine the required
number and location of cameras for every type of PUV to ensure optimum view and usage.

SEC, 7. Maintenance of a CCTV and Dashboard Camera Recording Archive. ~The
LTFRB Central Office and its Regional Offices shall establish, maintain and manage an
archive for all CCTV recordings of PUVs and dashboard camera recordings of private
vehicles which are subjects of a complaint filed before it and those PUVs or private vehicles
involved in traffic incidents.

In implementing the provisions of this Act, the LTFRB or authorized LTO personnel
shall require the operator of any PUV or the owner of a private vehicle which is the subject of
a complaint or party to an incident to bring forth the vehicle within twenty-four (24) hours
from receipt of the order for its storage device to be removed or contents thereof copied by
the authorized officer for purposes of preserving the same. Non-compliance with this order
constitutes a violation of the provisions of this Act, Cases of vehicular incidents shall be
reported by the law enforcement officer conducting the investigation within twenty-four (24)
hours to the LTFRB or authorized LTO personnel, non-compliance of which shall be dealt
with administratively.

The CCTV and dashboard camera archive herein mentioned shall be established
within six (6) months following the promulgation of the implementing rules and regulations
(IRR) of this Act.

SEC. 8. Confidential Nature of CCTV and Dashboard Camera Footages. ~ The
confidentiality of the videos and other information captured by CCTVs and dashboard

cameras shall be

cured at all times, Unless otherwise authorized under this Act, the use,

viewing, disclos

re or publication of the contents of the storage device, whether in whole or
in part, is prohibited.

SEC. 9, Use of CCTV and Dashboard Camera Footages as Evidence. ~ The LYFRB
or any court of competent jurisdiction, in cases or complaints filed before it, may use the
information captured by CCTVs and dashboard cameras in vehicles for evidentiary purposes.
The law enforcement agencies may, in the conduct of investigation of cases filed before

3


them, request for a copy of the CCTV and dashboard camera recordings pertaining to such
particular cases, subject to the applicable provisions of this Act.

SEC. 10. Penal Provisions, — The following penalties shall be imposed upon the
offender who is found to have committed the punishable acts enumerated hereunder:

a) A fine of One Hundred Thousand Pesos (P100,000.00) shall be imposed upon any
vehicle manufacturer for every private vehicle without a dashboard camera and recording
storage device sold by said vehicle manufacturer;

b) A fine of Five thousand pesos (P5,000.00), for the first offense; Ten thousand
pesos (P10,000.00), for the second offense; and Fifteen thousand pesos (P15,000.00), for the
third offense shall be imposed upon any person who:

1, Operates or allows another to operate a PUV without a working CCTV or
without the required devices installed and sealed by the LTERB;

2. ‘Tampers with the CCTV or GPS tracker;

3. Operates or allows another to operate a PUV with a tampered CCTV or GPS
tracker;

4. Fails to bring the PUV for purposes of removing the storage device of the
CCTV or copying the contents thereof upon the order of the LTFRB; or

5. Fails to comply with the requirement of installation of a CCTV as provided in
this Act.

‘The offender’s driver’s license or franchise, as the case may be, shall be suspended
for thirty (30) days, for the fourth offense; three (3) months for the fifth offense; and six (6)
months, for the sixth offense.

For the subsequent offense, the franchise or driver’s license of the offender shall be
revoked or cancelled.

©) A penalty of imprisonment ranging from one (1) year to three (3) years and a fine
ranging from One hundred thousand pesos (P100,000.00) to Two million pesos
(P2,000,000.00) shall be imposed upon any person who, not being authorized by law:

1, Publishes or broadcasts or causes to be published or to be broadcast, in
whatever medium, any video or information stored or recorded in the CCTV of a PUV; or

2. Sells or distributes or causes to be sold or distributed any such recorded or
stored video or information.

d) In addition to administrative penalties and damages, if applicable, a penalty of

imprisonment ranging from one (1) year to three (3) years and a fine ranging from One


hundred thousand pesos (P100,000.00) to Two million pesos (P2,000,000.00) shall be
imposed upon:

1. Any public officer or government agent who releases, gives or transmits to
another any stored or recorded CCTV or dashboard camera footages or information obtained
by reason of an authorized criminal, administrative or traffic investigation or police

operation, except when circumstances warrants media distribution to help identify the identity

and locate the whereabouts of a suspect or suspects of a crime, or as a matter of public

information in cases involving heinous crimes;

2. Any officer of the LTFRB or LTO charged with the custody of archived video
footages or information who releases or transmits the same to persons not authorized of such
possession or permits any unauthorized person to have access to or gain possession of such
video footages or information; or

The offenses punishable under Subsections (¢) and (d) herein shall be prosecuted in
accordance with the provisions of Republic Act No. 10173 or the Data Privacy Act of 2012
and other applicable laws.

SEC. 11. Review of Pecuniary Penalties. ~ Five (5) years after the effectivity of this
‘Act and every five (5) years thereafter, the LTFRB may, after public consultation with
stakeholders and concerned agencies, increase the amount of fine herein provided: Provided,
That, such adjustment shall in no case be more than ten percent (10%) of the amount sought
to be increased,

SEC. 12. Random Inspection of PUVs, - The LTFRB may conduct unannounced
ocular inspections on public utility vehicles to ensure the proper implementation of this Act.

SEC. 13. Public Information Campaign, — The LTFRB shall, with the assistance of
the Philippine Information Agency (PIA), conduct a continuing nationwide public
information campaign for six (6) months following the promulgation of the implementing
tules and regulations of this Act.

SEC, 14, Implementing Rules and Regulations, ~ Within sixty (60) days after the
effectivity of this Act, the LTFRB shall, in coordination with the DOTC, LTO, Philippine
National Police (PNP), Department of Justice (DOJ), DTI-BPS and DOST-ICT Office and
other stakeholders, promulgate the necessary rules and regulations for the effective
implementation of this Act.

SEC. 15. Separability Clause. ~ If any provision of this Act is declared invalid or
unconstitutional, the remaining provisions or part thereof not otherwise affected thereby shall

remain valid and subsisting.


SEC. 16. Repealing Clause. - All laws, decrees, executive orders and issuances,
ordinances, rules and regulations, or parts thereof, inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.

SEC. 17. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,