oaie 17 SEP.2013

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS

First Regular Session

2908

House Bill No,

Introduced by: Representative Emi Calixto-Rubiano

Explanatory Note

Traffic laws are promulgated to establish order on roadways and ensure safety of
motorists and pedestrians alike. While the country is implementing traffic rules and
regulations in accordance with internationally recognized standards, such rules proved
wanting and deficient in so far as pedestrian protection is concerned.

The protection of pedestrians is admittedly of paramount consideration in traffic
regulations. However, this concern has not been properly and sufficiently addressed and
defined in our own traffic laws. A cursory search of our traffic laws and regulations reveals
that said laws focus greatly on motorists, placing pedestrians on the sidelines.

This bill therefore, seeks to address the seeming neglect of the rights of pedestrians in
our traffic laws thereby ensuring their protection and safety.

This proposed bill is a re-filed measure from the 15" Congress (House Bill No.
4850) filed by this humble Representation. During the previous Congress, it was referred to
the Committee on Transportation and was deliberated by the said Committee.

In view of the foregoing, the passage of this measure is earnestly requested.

pe h
EMI CALIXTO-RUBIANO
Re

resentative
Lone District of Pasay City

ths



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS

First Regular Session

2908
House Bill No.

Introduced by REP, EMI CALIXTO-RUBIANO-

AN ACT DEFINING PEDESTRIAN SAFETY GUIDELINES
AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

Section 1. Short title. This Act shall be known as the “Pedestrian Protection Act of

2013”.

Section 2. Declaration of Policy. It is hereby declared the policy of the State to
protect pedestrians from traffic hazards and ensure their safety.

Section 3. Definition of Terms. For the purposes of this Act, the following terms are
defined, thus:

Pedestrian lane or Crosswalk: (a) That part of a public road at an intersection
included within the connections of the lateral lines of the sidewalks on opposite
sides of the highway, measured from the curbs or, in the absence of curbs, from
the edges of the traversable public road, or (b) Any portion of a public road at an
intersection or elsewhere distinctly indicated for pedestrian crossing by lines or
other markings on the surface;

Pedestrian: Pedestrians are persons travelling on foot. The term is understood to
include person afoot, in a wheelchair, on skates, or on a skateboard";

. Sidewalk: That portion of a street between the curbline, or the lateral line, of a

public road and the adjacent property lines, intended for use by pedestrians.
Specifically refers to areas running parallel to both sides of a public road, with a
width and elevation as may be deemed appropriate for safe and convenient
pedestrian passage by the local government unit (LGU) concerned in consultation
with the Department of Public Works and Highways (DPWH);

. Public road: All streets, roads, bridges, highways and other thoroughfares

constructed and maintained by the national government or by any LGU.


Section 4. Rights and Duties of Pedestrian. The pedestrians have the following

right to:

A

Pedestrian crossing in general.

1. Where sidewalks are provided, pedestrians shall, unless required by other
circumstances, walk along sidewalks. No pedestrian shall walk along and upon
the portion of a public road paved for vehicular traffic.

2. Where sidewalks are not provided, a pedestrian walking along and upon a
public road shall, when practicable, walk only on the shoulder on the left side of
the roadway in relation to the pedestrian's direction of travel, facing traffic which
may approach from the opposite direction.

3. No person upon roller skates, or riding in or by means of any coaster, toy
vehicle, or similar device, may go upon any public road except while crossing a
street on a crosswalk; and, when so crossing, such person shall be granted all
rights and shall be subject to all of the duties applicable to pedestrians.

4, The driver of a vehicle at any crosswalk where a sign so indicates shall stop
and remain stopped to allow a pedestrian to cross a public road when the
pedestrian is in the crosswalk or pedestrian lane or steps into the lane and is upon
the half of the public road upon which the vehicle is traveling or when the
pedestrian is approaching so closely from the opposite half of the roadway as to be
in danger.

5, When traffic control signals are not in place or in operation and no sign
indicates otherwise, the driver of a vehicle shall yield, slowing down or stopping
if need be to so yield, to a pedestrian crossing the road within a pedestrian or
crosswalk when the pedestrian is upon the half of the public road upon which the
vehicle is traveling or when the pedestrian is approaching so closely from the
opposite half of the public road as to be in danger.

6. No pedestrian shall suddenly leave a curb or other place of safety and walk or
run into the path or a vehicle which is so close that it is impossible for the driver
to yield.

7. When a vehicle is stopped at a crosswalk to permit a pedestrian to cross the
public road, the driver of any other vehicle approaching from the rear shall not
overtake and pass such stopped vehicle.

8. A pedestrian may not cross an intersection diagonally except where and when
crossing is authorized by official traffic control devices.

9. Where a sidewalk is provided and its use is practicable, it is unlawful for any
pedestrian to walk along and upon an adjacent roadway.


10. Where neither a sidewalk nor a shoulder is available, any pedestrian walking
along and upon a highway shall walk as near as practicable to an outside edge of
the public road and, if on a two-way public road, shall walk only on the left side
of the road.

Pedestrian crossing by visually or mobility impaired pedestrians

1. When a pedestrian is trying to cross a public road or highway, guided by a dog
guide or carrying in a raised or extended position a cane or walking stick, an
approaching driver is obliged to bring his vehicle to a full stop before arriving at
such intersection or place of crossing and, before proceeding, shall take such
precautions as may be necessary to avoid injuring such pedestrian.

2. Only a blind person or a mobility impaired person may carry a cane or
walking stick in a raised or extended position on a public street or highway.

3. Ifa mobility-impaired person (using a guide dog or service animal, a walker, a
crutch, an orthopedic cane, or a wheelchair), is in the process of crossing a
roadway at an intersection, a driver approaching the intersection must stop before
arriving at the intersection and take reasonable precautions to avoid injuring such
a pedestrian.

Section 5. Penalties, - (A) Persons found guilty in violation of the rights of the
Pedestrian as defined in the preceding Section shall be penalized with a fine of not less than
One Thousand Pesos (PhP1,000.00) but not more than Five Thousand Pesos (PhPS,000.00)
or imprisonment of not less than one (1) month but not more than one (1) year, or both at the
discretion of the court.

(B) The penalty contained herein is without prejudice to the award of damages to the
aggrieved party, as may be proven during the trial, The institution of a criminal action shall
impliedly include the civil action, unless a separate civil action has been filed or a reservation
for the filing of such action is made in accordance with the Rules of Court.

Section 6. Duty of LGU and DPWH. It shall be the duty of the LGU concerned and
the DPWH to:

a)

b)

Provide sidewalks in public roads within their jurisdiction for the use of the
pedestrians. Provided that for public roads which, for reasons of lack of land area,
easement or legal right protected by law, sidewalks may not be provided, the
appropriate LGU shall designate passing lanes which may be lesser in dimension
than regular sidewalks but which shall, in every case, be adequate for safe and
convenient pedestrian passage. The LGU and the DPWH shall ensure that such
sidewalk is free of any obstruction which may endanger the safety of pedestrians
or hamper the free passage on the sidewalk.

Ensure that clearly marked and visible signages are posted and conspicuously
placed to indicate on-going construction activities or repair work along public
roads or sidewalk;


Failure to observe the above duties shall make the LGU concerned and
the DPWH liable for damages should any pedestrian be injured in connection
with the above. Administrative and criminal liability may also attach to the
officials and employees directly responsible for the omission causing injury to
the pedestrian.

Section. 7. Implementing Rules. One month after the enactment of this Act, the
Department of Transportation and Communications (DOTC) and the Land ‘Transportation
Office (LTO), in consultation with concerned Non-Government Organizations and People’s
Organizations shall promulgate the implementing rules and regulations (IRR) for the
effective implementation of this Act.

Section 8. 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 9, Repealing Clause. — Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent
with, the provisions of this Act is hereby repealed, modified, or amended accordingly.

Section 10. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,