REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES

Quezon City DATE _ July 8,2

NINETEENTH CONGRESS
First Regular Session

UY
HOUSE BILL No. 1645 © InDek

Introduced by Representative MARLYN L. PRIMICIAS-AGABAS

EXPLANATORY NOTE

This bill seeks to provide a magna carta for tricycle drivers and
operators in the country. This bill has already been approved by the
House of Representatives on its 3! and final reading in the 17%
Congress. On account of the necessity to provide uniform guidelines
for the use of tricycle drivers and operators, this bill is being refiled.

This bill has for its purpose the effective operation and
management tricycles throughout the country. In a country where
tricycles have become a primary mode of transportation, necessity
dictates that we have to revisit laws and regulations governing the
operation and management of tricycle drivers and operators. Local
government units are the primary authority tasked to regulate
tricycle operations and grant franchises. However, tricycle drivers
are geographically separated by regions and are individually set
apart by localized limitations and delimitations. Without an
institutionalized mechanism through which uniform regulations can
be appropriately prescribed, the protection of welfare and of drivers
and operators can never be achieved. For the protection of drivers
and operators, so as not to be subjected to individual and local
prejudice, there is a need to institutionalize a magna carta wherein
uniform guidelines will be followed.

The State recognizes the sanctity of human life. To this end,
laws, rules and regulations are enacted to secure the preservation of
life to its fullest. This legislative measure seeks for the inclusion of
motorcycle-for-hire within the realm and definition of public utility
vehicles. Every year, approximately 1.2 million people around the

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of life to its fullest. This legislative measure seeks for the inclusion
of motorcycle-for-hire within the realm and definition of public
utility vehicles. Every year, approximately 1.2 million people
around the world die in road traffic accidents. In the Philippines,
motorcycle riders have constantly been the top victim of road crash
injuries since 2010. Unfortunately, most of them are aged between
15 to 29 years. Road traffic incidents are debilitating as they
expose the riders to injuries, financial loss, and possible death.
Regrettably, motorcycles are not public utility vehicles hence are
not allowed to ply routes without certificates of public convenience,
and yet, they are being used as motorcycles-for-hire in the country.
Absent their status as public utility vehicles, claims arising from
accidents will not give rise to any liability from insurance
companies.

Hence, the need to regulate the use of motorcycles as public
utility vehicles to protect the riding public from undue harm.

Accordingly, the approval of this bill is earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No. 1645

AN ACT PROVIDING FOR REGULATION OF TRICYCLES,

INSTITUTIONALIZING MECHANISMS FOR ITS IMPLEMENTATION

Be it enacted by the Senate and House of Representative of the Philippines

in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “Magna Carta
for Tricycle Drivers and Operators”

SEC. 2. Declaration of Policy. ~ It is the policy of the State;

a)

b)

¢)

To promote and improve the total well-being of the members of the
tricycle sector particularly the marginalized low-level income
earners by providing them with adequate and timely social,
economic and legal services, as well as mechanism that shall
protect their rights and promote benefits that ensure their dignified
existence and economic advancement;

To recognize, promote, protect and fulfill the rights of every
member of the tricycle sector including the right to  self-
organization, the right to decent work, just and humane working
conditions, access to social protection, and the right to represent
their organizations in a continuing process of consultation and
dialogue towards maximizing the provision of a comprehensive
package of reforms, interventions, and services in accordance with
their articulated needs and interests;

To give the highest priority to the enactment of measures that
protect and enhance the rights of all people to human dignity,


dq)

e)

8)

reduce social, economic and political inequalities and remove
cultural inequities by diffusing wealth and political power for the
common good and to provide environments at national and local
levels that enable all workers to fully develop into productive and
responsible citizens.

To recognize the roles and contributions of members of the
tricycles sector, make them visible in the national and local
statistics and develop the local economy by maximizing their
potenti

To promote gender equity and equality through elimination of
gender stereotypes attached to this sector, redefining tricycle
drivers as not merely males but also females and protecting the

women workers against gender-based discrimination, exploitation,
violence and abuse;

To protect vulnerable groups in the sector such as the elderly and
differently-abled persons from safety issues, discrimination, and
harassment; and

To eliminate child labor in the tricycle sector through effective
enforcement of laws against child labor and the creation of more
quality jobs for adults.

SEC. 3. Framework and Principles. - Local Government Units(LGUs) shall
pursue and implement a comprehensive, rights-based, participatory and
gender responsive framework for members of the tricycle sector that

includes:

a) Putting in place policies and programs that will bring members of
the tricycle sector to the economic and social mainstream;

b) Pursuing structural reforms in all relevant levels of LGUs by
creating committees, special offices for development and protection
of members of the tricycle sector and supporting their
representational rights through their organizations;

c) Extending coverage of accessible and affordable social security and
health care benefits to workers in the tricycle sector; and

d) _Exacting responsibility on the part of the tricycle sector members:

Provided that the State shall recognize their rights and put in place
responsive, transparent and accountable mechanisms to ensure
the protection, promotion and realization of those rights.

SEC.4. Definitions- As used in this Act:(a) Colorum - refers to a private
vehicle operated as a public utility without the benefit of a valid and
existing special permit, provisional authority, or franchise.


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(b) Motorist Awareness Program - refers to any information or public
awareness program designed to enhance on the presence of tricycles on
or near roadways.

(ec) Motorized Tricycle Operators Permit (MTOP) - refers to the permit
that authorizes the holder to operate a tricycle for public transport;

(4) Sanggunian - refers to the sangguniang panlungsod or the
sangguniang bayan, as the case may be;

(e) Tricycle - refers to a a motor vehicle composed of a motorcycle
fitted with a single-wheel sidecar, or a motorcycle with a two wheel rear
cab, the former having a total of three wheels and the latter having a
total of four wheels, otherwise known as the motorela.

() Tricycle Drivers Safety Program - refers to any formal program of
instruction that provides accident avoidance, compliance to road safety
laws and best practices and other safety-oriented operational skills to
tricycle drivers, including innovative training to meet unique regional
needs.

{g) Tricycle Operators and Drivers’ Association or TODA-refers to the
organization of tricycle operators and drivers recognized by an LGU.

(h) Tricycle Sector - refers to a group consisting of drivers and
operators of tricycles for public transportation in the Philippines.

SEC. 5. Tricycle Operating Requirements. Tricycle shall be operated
subject to the following:

(a) Subject to the guidelines to be prescribed by the Department of
Transportation (DOTr), the Land Transportation Office (LTO) and
the Land Transportation Franchising and Regulatory Board
(LTFRB), the cities and municipalities shall have the power to
regulate the operation of tricycle and grant permits for the
operation thereof within their territorial jurisdiction. Before it can
issue the MTOP, the concerned LGU jis required to submit a
tricycle operation plan which includes, among others, the tricycle
routes and zones, designation of terminals and maximum number
of tricycles operating within their jurisdiction. Such plan shall be
subject to the approval of the DOTr and must comply with the
guidelines promulgated therefor with the end goal of ensuring

overall efficiency, integration and safety of the transportation
system.

(b) For safety reasons, no tricycle shall operate on national highways
utilized by 4-wheel vehicles greater than four (4) tons and where
normal speed exceed forty(40) kilometers per hour. However, the
concerned Sanggunian may provide exceptions if there are no


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(e)

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transportation services or modes servicing the said route, either
along the highway or crossing the same, other than tricycles,
subject to the approval of the DOTr: Provided, however, That when
such operation is allowed, the LGU is mandated to provide
appropriate signage’s, marks or lanes and other safety features to
guide and protect the tricycles utilizing the highways.

Operators shall employ only drivers possessing professional
licenses duly issued by the LTO. For this purpose, the LTO shall
issue guidelines, including theoretical and practical examinations,
appropriate for drivers of tricycles.

The LTO shall ensure the roadworthiness of tricycles before
registration or renewal of registration, including compliance to
environmental laws. In coordination with motorcycle and tricycle
manufacturers and the Department of Trade and Industry (DTI),
the LTO shall formulate safety standards and the allowable designs
and modification, taking into consideration the needs of the
vulnerable groups, and determine the limitations on passengers
and weight or load capacity. Such limitations shall be indicated on
the body of the tricycles.

Zones must be within the boundaries of the concerned city or
municipality. However, existing operating zones traversing two (2)
or more LGUs shall be maintained: Provided, that operators
serving said zones shall secure the necessary MTOP from each of
the LGU having jurisdiction over the covered areas.

An LGU may adopt a common color coding scheme for tricycles
operating in the same zone. Each unit shall be assigned and bear
an identification number, aside from its license plate number
issued by the LTO.

An operator wishing to completely terminate its service should
report in writing such termination to the Sanggunian which
originally granted the MTOP.

The MTOP shall be valid for three (3) years, renewable for the same
period. Transfer to another zone, change of unit or transfer of the
MTOP shall be construed as an amendment to an MTOP and shall
require appropriate approval of the concerned Sanggunian.

A tricycle shall be allowed to operate like a taxi service where,
aside from rendering services in the designated terminals, the
tricycle can be flagged-down or engaged by passengers on the road
within its authorized zone of operation. The concerned LGUs shall
impose no other additional requirement for tricycle operation,
except those provided under this Act.


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SEC. 6. Registration and Issuance of the MTOP. - There shall be a simple
system and procedure for registration and issuance of the MTOP in
accordance with the framework and principles of this Act. The
registration fee for the application for an MTOP, which shall be valid for a
three-year period, shall not exceed one thousand pesos (PhP1,000.00).
‘The said fee shall cover the cost of the issuance of the MTOP, the filing
fee, franchise fee, inspection fee, fare adjustment fee, amendment,
regulatory, and all other fees. No other fees shall be exacted from the
tricycle sector business activities or enterprise other than the registration
fee as mentioned above.

‘The LGU may increase or adjust the fee herein imposed once every
five (5) years: Provided, That in no case shall the increase be more than
10% of the prevailing amount.

SEC. 7. Tricycle Sector One-Stop Shop Center. - All cities and
municipalities shall establish a Tricycle Sector One-Stop Shop Center
which shall handle all transactions and processing of the business
permit applications within their respective jurisdiction. The Center shall
ensure that the processing of the MTOP of the members of the tricycle
sector shall commence on the day of their application and the
registration shall be released within thirty six (36) hours upon
submission of the complete requirements. To facilitate efficient and
expeditious processing of the MTOP applications, the LGUs shall also
formulate a uniform and simple checklist of requirements for registration
such as valid proof of identity (barangay clearance, certificate of
residency, etc.) and flowchart of the procedure of registration. The LGUs
shall also be responsible in translating the checklist of requirements and
flowchart of procedure of registration in their local dialect. The LGUs
shall cause the posting of the checklist and flowchart of procedure of
registration in at least three (3)conspicuous areas, preferably public
areas, in the community and cause the publication of the same in the
local newspaper if there is any.

SEC. 8. Rights and Benefits of Workers in the Tricycle Sector.-The
members of the tricycle sector shall have the following rights:

(a) Self-organization to collectively negotiate with government and
other entities in the promotion of their welfare and advancement of
their interests free from any political interference or favor;

(b) Informed participation in decision-making processes relevant to
concerns of their sector through their legitimate organizations.
Towards this end, they shall be represented in all public hearings
for laws, ordinances, or regulations that will affect their sector;

(ce) Safe working conditions with access medical care services and
Insurance;


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(d) Freedom from any form of discrimination, violence, exploitation or
harassment;

(e) Freedom from deprivation of property without valid cause and due
process of law;

() Equal access to information on how to safeguard their rights
according to law;

(g) A driver shall not be forced or engaged to work in any hazardous
work, activity or undertaking, or be exposed to hazardous working
conditions; and

(h) A member of the tricycle sector shall be protected from any act of
interference, coercion, extortion, bureaucratic red tape.

SEC. 9. Government Support to Tricycle Sector. - All concerned national
government agencies, government financial institutions, and LGUs shall
include in their plans, programs, projects and activities efforts that are
supportive of the foregoing rights and other concerns of the tricycle
sector. Each LGU shall also create a grievance mechanism to deal with
the concerns of the members of the tricycle sector.

SEC. 10. Mandatory Membership in SSS and Philhealth. - The Social
Security System (SSS) and the Philippine Health Insurance Corporation
(PhilHealth) shall, within ninety (90) days from the effectivity of this Act,
promulgate guidelines for the mechanism of collecting premiums from
members of the tricycle sector. The SSS shall also inform its members
from the tricycle sector of services and loans that they can avail of.

SEC. 11. Role of a Local Government Unit— Subject to the operating
conditions in Section 5 of this Act and the guidelines to be promulgated
by the DOTr, LTO and LTFRB, cities and municipalities shall have the
following responsibilities:

(a) An LGU, in coordination with its Informal Sector Local
Development Office, after consultation with the transport groups,
the affected community, and other stakeholders, shall identify and
designate viable routes and terminals of tricycle within the city or
municipality. Viable terminals shall be in proximity to public
buildings, public markets, commercial districts, or commercial
establishments and other places which the public frequently visits.

(b) The Sanggunian shall, within 90 days after the survey and
pursuant to the recommendation of the Informal Sector Local
Development Office, pass an ordinance designating the routes and
the terminals of tricycles as specified in this Act. However, no
designation of terminal shall be conducted without prior


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(e)

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consultation with the tricycle sector, the affected inhabitants and
other sectors.

An LGU,which has already established or designated routes
and terminals of tricycles prior to this Act is deemed to have
complied with this provision of this Act: Provided, that the
aforesaid establishment or designation of terminals have been
undertaken after consultation with the relevant parties.

In coordination with the DOTr, LTO and public and private
stakeholders, LGUs shall implement a tricycle maintenance
program. This shall be done by providing the existing TODAs
within their jurisdiction, training and instruction on_ preventive
and periodic maintenance in tandem with the Development of
Science and Technology (DOST) and other private institutions.

Vocational education on auto-mechanics and related courses like
engine repair and maintenance shall also be offered by the LGU to
the members of the tricycle sector, in coordination with the
Department of Labor and Employment (DOLE) and the Technical
Education and Skills Development Authority (TESDA).

With the new program of DOLE and TESDA, LGUs shall also
provide for alternative livelihood and skills-training program, to
allow tricycle drivers to explore more economically rewarding
sources of income.

There shall be a conduct of a mandatory Tricycle Drivers Safety
Program at the LGU level. The content and structure of the Tricycle
Drivers Safety Program shall be formulated by the DOTr,
LTO,LTFRB and other relevant government agencies. The LGU
shall require all tricycle drivers within its jurisdiction to undergo
this orientation. To complement this, the LTO and LTFRB shall
include a Motorist Awareness Program in all its safety trainings.

The LGUs, in coordination with law enforcement agencies, shall
prevent the proliferation of illegal or Colorum tricycle units.

The LGU, in coordination with the DOLE and other concerned
agencies, shall ensure the regular conduct of seminars to prevent
the unlawful employment of children as tricycle drivers and the
gender based discrimination in granting driver’s license.

The LGU are also hereby empowered to provide in its ordinance or
as terms or condition in the MTOP or franchise issued, additional
acts of violation, whether relating to existing laws, rules and
regulations or to the treatment of tricycle passengers and the
penalties therefor in accordance with the operation of tricycles
within their respective jurisdiction.


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SEC 12. Phase-in of More Efficient Engines. - Within thirty (30)days from
the effectivity of this Act, the DOTr and the DOST shall implement a
continuing program to encourage manufactures to develop more efficient
engines and cleaner technologies to be used by the tricycle sector. The
DTI-Bureau of Product Standards shall prescribe the standards and
specifications for tricycle engines to be observed by the tricycle sector in
pursuit of cleaner technologies and in accordance with Republic Act No.
8749, otherwise known as the Clean Air Act.

SEC. 13. Penalties ~ a) A public officer or employee who acts in violation
of Sections 270 5, 6, or 7 hereof shall, in addition to administrative
and criminal liability under existing laws, be penalized with one-monthto
six-month suspension from office, at the discretion of the court.

b) _A driver who operates a tricycle without the necessary MTOP to be
observed by the tricycle sector in pursuit of cleaner technologies and in
accordance with Republic Act 8479, otherwise known as the Clean Air
Act”, including any who incurs delinquency in payment of fees that is
tantamount to an incomplete application for an MTOP, operates in
highways without valid authorization as mentioned in Section 5 (b)
hereof transports passenger and/or goods beyond the limitations on the
number of passengers and on load capacity, or operates a tricycle not
compliant with environmental laws shall be punished by a fine of not less
than five hundred pesos (PhP500.00) but 283 not more than Two
thousand pesos (PhP2,000.00) or the impoundment 284of the tricycle by
an enforcement agency for a period of two (2) months.

c) An operator who operates without the necessary MTOP or
authority to operate in highways employs a driver without the requisite
license to drive a tricycle including those below the age of majority or
allows a driver to operate a tricycle that is not roadworthy or with
unauthorized modification affecting vehicle safety, shall be punished by a
fine of not less than Five hundred pesos (PhP500.00) but not more than
Two thousand pesos (PhP2,000.00) or the impoundment of the tricycle by
an enforcement agency for a period of two (2) months. The second and
succeeding offenses shall warrant the revocation of the MTOP or

franchise and the perpetual disqualification from being issued said
privilege.

d) Any person who shall willfully interfere with, restrain or coerce any
member of the tricycle sector in the exercise of rights or shall in any
manner act in violation of Section 8 of this Act shall, upon conviction be
punished by a fine of not less than Fifty thousand pesos(PhP50,000.00)
but not more than Five hundred thousand pesos(PhP500,000.00) or
imprisonment not exceeding (1) year or both at the discretion of the
court. If the offender is a public official, the court may, in addition to the


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penalties provided in the preceding paragraph, impose the penalty of
disqualification from office.

SEC. 14. Implementing Rules and Regulations. - The DOTr, in
coordination with the LTO, LTFRB, the SSS, PhilHealth, DOLE,TESDA,
DOST, DTI and the Department of the Interior and Local Government,
shall issue the implementing rules and regulations (IRR)of this Act within
Ninety (90) days from its effectivity. The IRR shall include the guidelines
for the allocation of the fund for subsidizing the SSS or Philhealth
premiums of the members of the tricycle sector and the programs that
will benefit them.

SEC. 15. 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.

SEC. 16. Repealing Clause ~ Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule,
ordinance, or regulation contrary to or inconsistent with, the provisions
of this Act is hereby repealed, modified, or amended accordingly.

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

Approved,