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Republic of the Philippines RECE!
HOUSE OF REPRESENTATIVES pave 30 JH 2018
Quezon City swe 3372 pl

SEVENTEENTH CONGRESS | ey
First Regular Session \ tg
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HOUSE BILL NO._26.3 | yas ano INDEX SERVIC

EXPLANATORY NOTE

Mobility is rapidly increasing yet our transportation systems have almost
remained the same. It is crucial for the government to work out ways to improve,
control and plan transportation in order to improve the people's welfare.

Indeed, our nation’s very roads provide a visual representation of our
worsening and intertwined problems such as climate change, air pollution, rising
costs of gasoline and other commodities, health problems, and other related social
issues, These are most evident when congestion happens during rush hours and
heavy rains.

This bill seeks to introduce a rather simple approach to our road problems: the
promotion of bicycle friendly communities.

The increasing use of motorized transport not only leads to road congestion
but also to a corresponding increased demand for parking facilities. On the other
hand, cycling is far more economical both in terms of direct user costs and public
infrastructure costs

Promotion of bicycle use ultimately translates to significantly reduced carbon

emissions of the country because the only energy cycling requires is provided
directly by the traveler, and the very use of that energy offers valuable
cardiovascular exercise.

Rapidly increasing urbanization brings the urgent necessity to think about
alternative transport concepts. Infrastructures can only be enlarged to a certain level
because of the growing density of the population in cities. There is therefore a need
to find creative ways, ideas and concepts for efficient and effective use of
infrastructures.


Creation of proper infrastructure is therefore very crucial in eastablishing and
promoting bicycle friendly communities. Without it, biking on Philippine roads, which
is dominated by motor vehicles, also remains hazardous to the cyclist.

Establishing bike lanes would empower citizens by providing them with a
concrete alternative means of commuting. The integration of bicycling into the
country’s transport system and city planning would ensure that the program
becomes more permanent.

LUIS. MUND F;. WILLAFUERTE, JR.


Republic of the Wbilippines
HOUSE OF REPRESENTATIVES
Queson City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILLNO._263

Introduced by HONORABLE LUIS RAYMUND F. VILLAFUERTE, JR.

AN ACT TO ESTABLISH AND INTEGRATE BICYCLE LANES IN THE
PHILIPPINE TRANSPORTATION SYSTEM

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 "Bike Lanes Act of
2016."

SECTION 2. Declaration of Policy. - In conformity with the provisions of the
Constitution to promote the general welfare and social justice in all phases of
national development, protect and advance the right of the Filipino people to a
balanced and healthful ecology in accord with the rhythm and harmony of nature,
and to co-serve and develop the patrimony of the nation, the State hereby adopts the
following policies:

a.) The State shall protect the welfare and safety of the commuting public and
all road users;

b,) The State shall promote a shift towards a safe, collective, efficient, non-
congestive, non-pollutive, and healthful locomotion and transportation system that
includes the use of bicycles;

c.) The State shall ensure that the needs and safety of all road users,
particularly the pedestrians and cyclists, are fully integrated into the planning, design,
operation, and maintenance of the country's transportation system; and

d,) The State shall establish its plans and programs in conformity with the overall
national land use plan as well as the local comprehensive land use plans.


SECTION 3. Definition of terms. - For purposes of this Act, the term —

A. "Bike" or "Bicycle" means a non-motorized vehicle consisting of a light frame
mounted on two wire-spoked wheels one behind the other and having a seat,
handlebars for steering, brakes, and two pedals;

B. "Cyclist" means a person who rides a bicycle;

C. "DOTr" means the Department of Transportation;

D. "Secretary" means the Secretary of the Department of Transportation;

E, "DPWH" means the Department of Public Works and Highways;

F, "NEDA" means the National Economic Development Authority;

G, "DEPED" means the Department of Education;

H. "CHED” means the Commission on Higher Education:

|. "MMDA" means the Metropolitan Manila Development Authority;

J "DENR" means the Department of Natural Resources;

K. "SURP" means the University of the Philippines School of Urban and Regional
Planning; and

L. "ULAP" means the Union of Local Authorities of the Philippines.

SECTION 4. Bike Transport Action Plan. - The DOTr in coordination with the DPWH
and NEDA, shall come up with a Bike Transport Action Plan within six (6) months
from the passage of this law. It aims to provide a roadmap for national and local
bicycle transportation system to be adhered to at all levels throughout the country.

The Bike Transport Action Plan shall include strategies, construction and
maintenance of bicycle lanes, parking, and support facilities, and will set out the
actions required to achieve the mode shift target over a certain period of time as
identified by DOTr, DPWH and NEDA

SECTION 5. Bike Lanes. - There shall be designated bicycle lanes, as identified in
the Bike Transport Action Plan, which shall serve as exclusive access for bicycle
riders. Motor vehicles are prohibited from being driven or parked on any bike lane.

The bike lanes shall be made of bike-friendly material or such other material as shall
be identified by the DOTr.

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.


Bike lanes must never compromise the mobility and safety of pedestrians,

Cyclists shall be required to bike within the lanes, unless no bike lanes have been
designated on such roads yet. Cyclists must obey all traffic rules and regulations
except those which are not applicable to bicycles.

SECTION 6. Bike Parking. - All public places, government offices, schools, major
business establishments, including malls, banks, restaurants, hospitals, and the like,
are hereby required to provide bicycle racks for bike parking

Bike parking should be secure, visible, accessible, and not in the way of pedestrians
or motor vehicles.

SECTION 7. Bike Infrastructure. - In addition to the bike lanes and bike parking,
support facilities shall be established to ensure that cyclists and their bicycles can
travel safely and to lessen the possibility of collisions with pedestrians, These
facilities include, but are not limited, to the following

A, Sidewalk improvements;

B. Traffic calming and speed reduction improvements;

C. Pedestrian and bicycle crossing improvements;

D. Traffic signage pertaining to bicycles;

E, Off-street pedestrian and bicycle facilities; and

F. Traffic diversion improvements; and

SECTION 8. Educational Program. - The Secretary, in cooperation with DEPED,
CHED, and local governments, shall establish an educational program to increase
awareness on bike safety and road sharing. The program shall be designed for traffic
enforcers, motorists, cyclists, and the commuting public, The program shall include:
A. Traffic education and enforcement;

B, Motorist Awareness and Road-Sharing; and

C, Bicycle and pedestrian safety.

SECTION 9. 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.

SECTION 10. Tax Incentives. —

1) Subject to Section 11 of this Act on Substantiation, employees who shall regularly
and mainly use bicycles as means of transport to and from their places of work shall
be entitled to an annual tax deduction of Two Thousand Five Hundred Pesos
(PhP2.500.00) from their gross income. The said tax deduction shall be reviewed
and updated every three years by the Department of Transportation.

2) 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.

3) 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.

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

SECTION 11. Substantiation Requirements. - For purposes of this Act, 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.

SECTION 12. Penalties. —

A. Any person or establishment who violates the provisions of this Act shall be
punished by a fine not exceeding one thousand pesos (P 1,000.00). When the
offender is a corporation, the officers responsible for the violation shall be meted said
penalties.

B, Any public works official who fails or refuses to mark the existing main roads and
highways or approve the construction of main roads or highways without the required
bicycle lanes in their designs shall be punished by a fine of not less than ten
thousand pesos (P10,000.00) nor more than thirty thousand pesos (P30,000.00) or
suspension, of both, if found guilty in an appropriate administrative investigation.

SECTION 13, Implementing Rules and Regulations. - Within sixty (60) days after this
Act takes effect, a committee shall be created to formulate the implementing rules
and regulations of this Act. The committee shall be composed of the following

A. The Secretary, or an authorized representative, who shall serve as chair of the
committee;

B. A representative from the DPWH;


C. A representative from the DENR;

D. A professor from SURP;

E. Two (2) representatives from various bicycle organizations;
F. A representative from the MMDA; and

G. LGU representative through ULAP.

Within six (6) months after this Act takes effect, the Secretary shall promulgate and
disseminate the implementing rules and regulations

SECTION 14. 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 the bike lanes shall
be included in the annual appropriation of the DOTr.

SECTION 16. 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.

SECTION 16. 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 17. 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 18. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,