Republic of the Philippines

House of Representatives
Quezon City

18* Congress

1* Regular Session

HOUSE BILL No.__922

Introduced by REPRESENTATIVE BAYANI F. FERNANDO

EXPLANATORY NOTE

A safe, economical, environmentally-sustainable, and accessible road system is a basic
infrastructure which is vital for the efficient transport of people and goods in the Philippines.
For this reason, it is imperative that the roads in the country be developed and used to effectively
perform their dual functions of facilitating travel mobility and providing access to property,
while assuring the safety of the road users and the public.

It has been observed, however, that some roads in the country have not been designed,
built or utilized according to accepted standards suited to their desired functions and traffic
characteristics. In many cases, roads which have insufficient road safety features or are
improperly used have triggered major traffic accidents due to conflicts among vehicles and
pedestrians, which resulted in deaths and severe injuries. The carrying capacities of roads have
also been significantly diminished by inappropriate uses and erratic movements of vehicles and
pedestrians. Indiscriminate parking and loading and unloading by vehicles on the roads are
common examples. These and other improper uses of roads retard or obstruct the normal flow of
traffic, which unnecessarily increase transport costs and travel times of the road users. This is
illustrated by the huge losses to the national economy, running into several billions of pesos
daily in Metropolitan Manila alone, according to expert studies, due to severe congestion, which
is attributed not only to the lack of more efficient transport modes, but also to the sub-optimal
use of major thoroughfares. The country has its biggest investments on these roads.

This bill, therefore, seeks to define the basic policies, standards, and rules for the proper,
safe, disciplined, and productive use of all roads, Government and private, in order to efficiently
serve the essential role for which the roads are built - that is, to move people and goods and
create wholesome and inclusive socio-economic gains for the country. This measure also aims
to provide a common or uniform set of norms and regulations on road utilization applicable
nationwide, for easy and consistent reference by all road users, as well as implementing entities
and enforcement agencies.

In view of the above premises, the prompt/4
and recommended.

eamestly sought

F, FERNANDO.



Republic of the Philippines

House of Representatives
Quezon City

18% Congress

1* Regular Session

HOUSE BILL No.__922

Introduced by REPRESENTATIVE BAYANI F. FERNANDO

AN ACT
REGULATING THE USE OF ROADS FOR SAFE, FAST AND ECONOMIC
TRANSPORT

SECTION 1. Short Title. - This Act shall be known as “The Road Use Act of 2019.”

SEC. 2. Declaration of Policy. — It is the policy of the State to establish a system of roads in the
Philippines that shall be safe, efficient, economical, environment-friendly, and accessible,
thereby supporting the goal of inclusive social and economic development of the country.
Towards this end, through this Act, the Government shall lay down clear and uniform guidelines,
standards and rules for the optimal provision, management and use of the roads system of the
country to effectively bring about secure, fast, convenient, and affordable transport of people and
goods that will promote public interest. To achieve transparency and accountability, the
Government shall also clearly define, through this Act, the functions and responsibilities of the
National and Local Government Agencies and private entities concerned with the design,
construction, maintenance, operation, use, management, control, and regulation of the roads
system.

SEC. 3. Definition of Terms.
3.1. As used in this Act, the following terms shall have the meanings as defined:

a. Road — is a general term denoting a facility used for travel by motor vehicles. A road
consists of the travelway and all other structures and areas within the road right-of-way.
The term road is synonymous with highway or street.

b. Road Right-of-Way — is the entire area comprising a road. The term road right-of-way
includes (i) the travelway for the movement of motor vehicles, (ii) all associated
structures, such as shoulders, sidewalks, curbs, gutters, loading and unloading zones,
longitudinal and cross drainage, parking areas, overpasses, underpasses, flyovers,
interchanges, rotundas/roundabouts, parks, utilities, traffic signals, lights, signage, road
safety devices, road embankment, slope protection, islands, medians, pedestrian


crossings, bus/vehicle stops, passenger waiting sheds, trees and other vegetation, and
(iii) other related facilities within the defined limits of the right-of-way, for use of
vehicles and pedestrians.

c. Catriageway — is the portion of a road consisting of the travelway and shoulders, for
use of motor vehicles.

d. Travelway — is the main portion of a road for the movement or passage of motor
vehicles, exclusive of shoulders, sidewalks, curbs and gutters, and medians. The term
travelway includes bridges, viaducts, tunnels, and similar vehicle passageways therein.

€. Shoulder — is the portion of a road contiguous with the travelway, which serves as a
safety provision for wayward vehicles, for emergency use or occasional stops of motor
vehicles, and for structural lateral support of the travelway base and surface courses.

f. Sidewalk — is the portion of a road contiguous with the carriageway for use of
pedestrians.

g. Government Road — is a road that is financed, owned and maintained by the
Government through a National Government Agency, principally the DPWH, ot
National Government Corporation or Local Government Unit (LGU), and is designed
and built for public use.

h. Private Road — is a road that is owned and maintained by a private individual or entity.
A private road is primarily intended to provide its private owners and their guests
access to their property and does not necessarily form part of a link to extemal roads.
The most common types of private roads are residential or subdivision roads
maintained by homeowners’ associations.

i, Public-Use Road — is a road that is customarily used by the public, and/or that serves
multiple property owners, settlers, housing sites, road users, or beneficiaries for an
extended period, regardless of the ownership of the road. Thus, a private road, although
owned by a private entity, becomes a public-use road if it fits the definition stated in the
first sentence of this Section 3.11. A Government road is inherently a public-use road.

Motor Vehicle — is any conveyance propelled or drawn by any power, including
mechanical or electrical, other than human or animal power, and used on a road to
transport passengers or goods. The term motor vehicle includes, but is not limited to,
motorcycle, car, taxi, jeepney, utility van, bus, truck, and similar conveyances, among
others.

k. Pedestrian — is a person who is travelling on foot on a road, whether walking or
running. The term pedestrian also includes a person with disability who is moving on a
road in a wheelchair or similar conveyance.

1. Parking — is the act of bringing a motor vehicle, whether occupied or not, to a stop and
making it inactive for an appreciable period. A motor vehicle that occasionally or
‘momentarily stops on a roadway, merely to discharge passengers or to take in waiting
passengers within ten (10) steps from the vehicle but not more than a time of ten (10)
seconds, or to load or unload a small quantity of goods within ten (10) seconds, shall
not be considered as parked, if the vehicle again moves away without delay.



. Stopping — is any cessation of movement on a road of a motor vehicle, whether
occupied or not, with the driver in control, except where necessary to avoid conflict
with other traffic or when in compliance with the direction of a traffic officer or official
traffic control device or signal. The term stopping includes standing/waiting as defined
below.

. Standing/Waiting — is a form of stopping by a motor vehicle, where the vehicle remains
stationary, with its engine running and the driver in control.

. Obstruction — is the act of operating, stopping, standing/waiting, or loading/unloading
by a motor vehicle on any part of a road in such a manner as to block that part of the
road, prevent or disturb the normal flow of traffic, and impede the free and clear
passage of other motor vehicles or pedestrians, with the act done either willfully or
when the driver of the motor vehicle is able to avoid doing so by ordinary care.

.. Nose-in/nose-out — is the movement or maneuver of a motor vehicle (a) which exits a
travelway and enters into an abutting property, such as a bus terminal or parking area,
with the front-end or nose of the vehicle entering the property first; and (b) which exits
the abutting property and moves into the travelway, with the front-end or nose of the
vehicle entering the travelway first. The nose-in/nose-out movement shall be in the
same direction as the allowable flow of vehicles on the travelway

. Design Speed — is the speed of motor vehicles determined for the engineering design
and correlation of the physical features of a road that influence vehicle operation. It is
the maximum safe vehicle speed that can be maintained over a specific section of the
road when conditions are so favorable that the design features of the road govern. The
choice of the design speed is influenced principally by the character of the terrain, the
extent of man-made features, road safety criteria, and economic considerations. Once
selected, the design speed sets the limits for curvature, sight distance and other
geometric features to be considered in the design of the road. The national standards for
the design speed shall be set by the Department of Public Works and Highways
(DPWH).

Allowable Speed Limit — is the maximum speed that motor vehicles are legally
permitted to travel on a specific road, as set by the concemed traffic management and
control authority through an appropriate ordinance or other legal issuance, considering
the functions, design, and actual conditions of the road, the characteristics, volume and
mix of vehicular and pedestrian traffic thereon, the requirements for road safety, and
the kind of land uses in the area. The allowable speed is usually lower than the design
speed as defined above.

Traffic Rules — are the overall standards, principles, and instructions, at the policy
level, that mandate, control and restrict actions concerning traffic on roads in the
Philippines, in accordance with the provisions of this Act. Under this Act, traffic rules
shall be prescribed by the Department of Transportation (DOTr) through Department
Orders, in consultation with the DPWH, the Metropolitan Manila Development
Authority (MMDA), and other concerned entities.

Traffic Regulations — are the specific orders, procedures and requirements, at the end-
user level, that implement the national traffic rules prescribed by the DOTr, pursuant to
the provisions of this Act. Under this Act, traffic regulations shall be established and
enforced by the concerned traffic management and control entities, primarily the LGUs,


the MMDA, the Philippine National Police-Highway Patrol Group (PNP-HPG), and the
toll expressway concessionaires, through their respective ordinances or other legal
statutes.

.. Traffic Supervision — is the exercise of oversight on the traffic management and control

performed by the traffic management and control entities concerned vis-a-vis the
approved national traffic rules issued by the DOTr. This includes visitorial powers,
monitoring, identifying deviations from rules, and instructions for corrective actions.
Traffic supervision shall be undertaken by (i) the DOTr, through its Land
Transportation Office (LTO) and Land Transportation Franchising and Regulatory
Board (LTFRB), (ii) the MMDA for special cases in the National Capital Region
(NCR) or Metropolitan Manila with prior clearance from the DOTr, or (iii) personnel of
LGUs, the PNP-HPG, and private developers/homeowners’ associations who are duly
delegated/deputized by the DOTr. In the case of toll expressways, traffic supervision
shall be performed by the Toll Regulatory Board (TRB).

. Traffic Management and Control — is the power to direct and guide the movement of

vehicles and pedestrians on the roads - including the operation of traffic signals and
devices - and to enforce traffic regulations, in accordance with approved national traffic
rules set by the DOTr and other provisions of this Act. Traffic management and control
shall be undertaken by (i) the concerned LGUs, (ii) the MMDA in Metropolitan
Manila, or (iii) personnel of Government or private entities, such as the PNP-HPG,
private developers and homeowners’ associations, who are duly delegated/deputized by
the LGUs or the MMDA. In the case of toll expressways, traffic management and
control shall be undertaken by the authorized concessionaire.

3.2 The following acronyms and abbreviations used in this Act shall have the meanings as
indicated.

SST er epoBgrcAT rR ms Ae oe

BG ~ Barangay Government
'G ~ City Government

DA — Department of Agriculture

DILG — Department of Interior and Local Government

DOLE — Department of Labor and Employment

DOT — Department of Tourism.

DOTr — Department of Transportation

DPWH — Department of Public Works and Highways

DTI — Department of Trade and Industry

HLURB — Housing and Land Use Regulatory Board

. kph - kilometers per hour

LGU — Local Government Unit
LTFRB — Land Transportation Franchising and Regulatory Board
LTO — Land Transportation Office

MG ~ Municipal Government

MMDA ~ Metropolitan Manila Development Authority

NEDA National Economic and Development Authority

NGA — National Government Agency

NGO — Non-Government Organization

PG — Provincial Government

. PNP-HPG — Philippine National Police-Highway Patrol Group
. TRB — Toll Regulatory Board


SEC. 4. General Principles.

4.1 The planning and design of all roads in the country, covering both Government roads and
private roads, shall conform to the approved national, regional and local development plans
and zoning ordinances, be harmonized with the provisions of the National Building Code
of the Philippines, as amended, and be consistent with the rules of the Housing and Land
Use Regulatory Board (HLURB).

42 Roads shall be designed and used to achieve the optimum blend of mobility and
accessibility of the road users. Mobility shall be measured in terms of the ability of the
traffic to pass through a defined area within a reasonable amount of time, as indicated by
(a) operating speed, (b) level of service, (c) riding comfort, and related indices.
Accessibility shall be measured in terms of the capability of the roads to provide access to
and between land uses and communities within a defined area. In all cases, road safety
shall be adequately provided in the design and use of roads to avoid accidents and shall
never be traded off in favor of mobility or accessibility. The design and use of roads shall
also be economical and environment-friendly.

4.3. To achieve consistency in the functionality and quality of the road network across the
Philippines, the design, construction, and maintenance of all public-use roads in the
country ~ which include both Government roads and private roads - shall adhere to the
common national technical and performance standards prescribed by the DPWH.

4.4 To attain uniformity in the management and regulation of the use of roads across the
Philippines, the movement by motor vehicles and pedestrians of all public-use roads in the
Philippines shall conform to the common national traffic rules prescribed by the DOTr.
These traffic rules shall be standard and uniform throughout the country so that motorists
can easily follow and adopt them for safety to life and property, for comfort and ease in
traveling, and so that motorists can be free of any regulatory discretion and harassment
leading to corruption and general disorder.

4.5 To provide for proper accountability in road development and use, the LGUs concerned
shall be responsible for the design, construction, maintenance, use, management and
control, including traffic regulations, for Local Roads in their respective administrative
jurisdictions, subject to compliance with the national standards and rules established by the
DPWH and the DOTr. The LGUs concerned shall enact the appropriate ordinances to
implement and enforce these responsibilities.

4.6 To provide for transparency and public participation, before any ordinance on road use is
enacted by an LGU, the LGU shall duly consult the road users, residents, and other
stakeholders affected.

4.7. To ensure that public-use roads efficiently serve their function of facilitating the movement
of motor vehicles and pedestrians, uses and activities that are not directly related to this
road function shall be prohibited within the whole road right-of-way.

4.8 To optimize the use of the roads for the movement of motor vehicles and pedestrians,
parking of vehicles shall not be allowed within the entire road right-of-way of all
Government roads and private roads that function as public-use roads. The exception is
existing roads with prevalent unlimited access from adjoining properties, as of the
effectivity of this Act, where parking may be allowed in designated areas outside the
carriageway and sidewalks.


4.9 To encourage walking, adequate pedestrian facilities shall be provided within the road
right-of-way and between major parking areas (outside the right-of-way) and main
commercial areas, parks, churches, terminals, markets, hospitals, and public service
establishments. Pedestrian bridges shall be installed whenever practicable to separate
pedestrians and motor vehicles, especially in areas with heavy pedestrian traffic and those
in the immediate vicinity of major schools, transport terminals, markets, Government
buildings, churches, malls, and related establishments, as identified by the LGUs or the
DPWH.

SEC. 5. Delineation of Road Use Functions and Responsibilities.

5.1 All concerned persons and entities shall observe the delineation of major road use functions
and corresponding Agency responsibilities shown in Table 1.
Table 1. Delineation of Major Road Use Functions and Agency Responsibilities
[Road Needs] Road | Road | Road Road | Road | Traffic Rules Traffic
/Assessment|Planning Design | Constructi |Maintenance| Operati |Promulgation Regulation,
on on Management
and Control
DPwit x x x x x x
DOTr x x x X X tha LTO | Xthra LTO
and LTFRB_| and LTFRB
LGUs—PGs, | _‘X ¥ ¥ x x X as delegated! x
CGs, MGs, deputized by
BGs Dorr
‘MMDA x x x x x x x
PNP-HPG Kas delegated x
deputized by
DoTr,
Concession- x * x x x x a
aire for toll
expressways
TRB - for toll ¥ *
expressways
HLURB x x
Private x x x x x x Kas delegated x
developer! deputized by
homeowners’ DOTr
association
Other NGAS x x
—NEDA,
Other private] x
NGO
stakeholders

5.2. These road use functions and Agency responsibilities are further amplified or supplemented
in the succeeding Sections of this Act.

SEC. 6. Classification and Functions of Government Roads and Agency Responsibilities.

6.1

‘The DPWH shall classify all Government Roads in the Philippines according to their
functions, with the corresponding Agency responsibilities, as shown in Table 2



Table 2. Government Roads Classification, Functions, and Agency Responsibilities

Road Class ‘Function Agency Responsibility
‘A. National Roads
‘A.1 National Serve as the main trunkline or a. Design, construction and

Primary backbone of the National Road maintenance by the DPWH.

Roads System of the Philippines, b. Traffic supervision by the DOTr,
consisting of contiguous lengths of | through the LTO and LTFRB
significant road sections that extend] outside Metropolitan Manila; by the
linearly without any breaks or forks| | MMDA in Metropolitan Manila.
and that connect major urban . Traffic management and control by
centers and cities of the country. the DOTr-LTO/LTERB or the

delegated/deputized PG/CG outside

Metropolitan Manila; by the

MMDA in Metropolitan Manila,
‘A.2 National (1) Directly connect cities to a. Design, construction and

Secondary National Primary Roads, except} _ maintenance by the DPWH.

Roads in metropolitan areas. b. Traffic supervision by the DOTr-
(2) Directly connect major ports LTO/LTERB outside Metropolitan

and major ferry terminals to
National Primary Roads.

(3) Directly connect major airports
to National Primary Roads.

(4) Directly connect major tourist
service centers to National
Primary Roads.

(5) Directly connect other cities
that are not included in the
category of major cities.

(6) Directly connect Provincial
capitals within the same region.

(7)Directly connect major National
Government infrastructure to
National Primary Roads or other|
National Secondary Roads.

Manila; by the MMDA in
Metropolitan Manila.

c. Traffic management and control by
the DOTr-LTO/LTERB, or the
delegated/deputized PG/CG, outside
Metropolitan Manila; by the MMDA
in Metropolitan Manila.

B. Local Roads

B.1 Provincial Roads

(1) Connect cities and
municipalities without
traversing National Roads.

(2) Connect National Roads to
Barangays through rural areas.

(3)Connect to major Provincial
government infrastructure.

‘a. Design, construction and
maintenance by the PG.
b. Traffic supervision by the DOTr-
LTO/LTERB.
c. Traffic management and control by
the PG, or by the LTO where the PG
is unable to perform this function.

B.2 City Roads

(1) Roads within the poblacion of
the City.

(2) Connect to Provincial Roads or
National Roads.

(3)Provide inter-Barangay
connections to major City
infrastructure without
traversing Provincial Roads.

a. Design, construction and
maintenance by the CG.

b. Traffic supervision by the DOTr-
LTO/LTFRB outside Metropolitan
Manila; by the MMDA in
Metropolitan Manila.

¢. Traffic management and control by
the CG, or the CG-designated BG, or|
the CG-designated/deputized private
developer or homeowners”



association, or the LTO in ease the
CG/BGidesignated or deputized
private entity is unable to perform
this function; in Metropolitan Manila
by the MMDA.

B.3 Municipal Roads

())Roads within the poblacion of
the Municipality.

(2) Connect to Provincial Roads
or National Roads.

(3)Provide inter-Barangay
connections to major Municipal
infrastructure without traversing
Provincial Roads.

‘a. Design, construction and

maintenance by the MG.

Traffic supervision by the DOTr-

LTO/LTFRB outside Metropolitan

Manila; by the MMDA in Metropoli

Manila.

c. Traffic management and control by
the MG, or the MG-designated/
deputized BG, or the MG-
designated/deputized private
developer or homeowners”
association, or the LTO where the
MG/BG/designated or deputized
private entity is unable to perform
this function; in Metropolitan Manila|
by the MMDA.

b.

hn

B.4 Barangay Roads

‘Other Government Roads within
the Barangay not covered in the
above classes.

‘a. Design, construction and
maintenance by the CG/MG/BG.

b. Traffic Supervision by the DOTr-
LTO/LTERB outside Metropolitan
Manila; by the MMDA in
Metropolitan Manila.

¢. Traffic management and control by
CG/MG or CG/MG-designated/
deputized BG, or LTO in case the
CG/MG/BG/designated or deputized
private entity is unable to perform
this function.

C. Other Roads

Expressways

Serve through vehicular traffic
between major activity centers,
with no direct access to and from
adjoining property except through
controlled entries and exits;
normally with interchanges; may
include facilities for levying tolls
for passage.

a. Design, construction, operation and
maintenance by the DPWH/LGU/
private concessionaire.

b.Toll rates and regulation of the
concessionaire’s operations by the
Toll Regulatory Board (TRB).

¢. Traffic supervision by the DOTr-

LTO/LTFRB; in Metropolitan Manila|

by the MMDA.

Traffic management and
control by the private

concessionaire. 4

d.

6.2 From time to time, the DPWH may reclassify a road into the above classes to consider
changes in the spatial configuration of settlements and economic activities, road network
development, and traffic characteristics, among other factors.

SEC. 7. Standards for Design, Construction and Maintenance of Roads.


71

The DPWH shall prescribe and enforce the national minimum standards - including
guidelines and manuals - for the design, construction, and maintenance of all roads,
covering both Government roads and private roads. These minimum standards shall be
observed by all concerned Government Agencies and private entities and concessionaires,

7.2. The DPWH national standards for the design of roads shall consider the following factors:

73

a. National Roads shall be designed to provide a high level of mobility for through traffic,
while City Roads and Municipal Roads shall be designed to render high accessibility
services. Provincial Roads which connect National Roads with City or Municipal
Roads shall be designed to provide an appropriate combination of mobility and
accessibility services. Private Roads shall be designed to provide a proper mix of
mobility and accessibility services. In all cases, the design shall include adequate road
safety features, and be cost-effective and environmentally sustainable.

b, The DPWH national design standards for roads shall include the following:

(1) Engineering specifications - such as right-of-way width, travelway width, number
and width of lanes, shoulders, sidewalks, curbs and gutters, pedestrian crossings,
type of surfacing, thickness of pavement, bridges, drainage, safety and traffic
control devices, signage, vertical and horizontal alignment, and location of
permissible lay-bys, among others - corresponding to the allowable motor vehicle
types, volumes and loads, characteristics of the traffic, and level of service to be
provided by each class of road.

(2) Performance standards - such as travel speeds, traffic capacity, level of service,
degree of congestion, structural strength, design life, road safety rating, road
roughness, and riding comfort that shall be provided by each class of road.

In the design of Government Roads, the following major requirements shall be observed:

Table 3. Major Design Requirements for Government Roads

Road Class ‘Major Requirements
Expressways (1) Minimum design speed shall be as follows:

Flat topography: ninety (90) kilometers per hour (kph)
Rolling topography: seventy (70) kph
Mountainous topography: sixty (60) kph

(2) Number of lanes shall usually be four (4) lanes or more, which
are divided.

(3) There shall be no frontage access from and to the adjoining
property along the entire expressway.

(4) Access to the expressway shall only be at designated
entries/exits or interchanges. The prescribed minimum intervals
between designated entries/exits and interchanges shall be
observed to ensure the desired level of service and safety.

(5) Developments shall be well set back from the expressway right-
of-way.

(6) Intersections and other intersecting expressways shall be grade-
separated.

(7) Parking shall not be permitted within the entire road right-of-
way.



(8) Where necessary or for emergency purposes, lay-by or stopping
facilities shall be provided clear of the travelway.

(9) There shall be no vendors and other prohibited uses as provided
in Section 8.14 of this Act.

‘National Primary
Roads

(1) Minimum design speed shall be as follows:
Flat topography: eighty (80) kph
Rolling topography: sixty (60) kph
Mountainous topography: fifty (50) kph

(2) Number of lanes shall usually be at least four (4).

(3) There shall be limited frontage access to the road from the
adjoining property, that is, access to the road shall be at
designated entry/exit points and intersections only.

(4) Number of entry/exit points and intersections shall be minimized
to ensure the desired level of service and safety.

(5) Developments shall be well set back from the road right-of-way.

(6) All access to premises shall be provided via National Secondary,
Provincial, City, Municipal or Barangay Roads.

(7) At-grade intersections shall be channelized for minor flows.

(8) Parking shall not be permitted within the entire road right-of-
way, except for existing roads with prevalent direct access from
abutting properties as of the approval of this Act, in which case
parking may be allowed in designated areas outside the
carriageway and sidewalks,

(9) There shall be no vendors and other prohibited uses as provided
in Section 8.14 of this Act.

National Secondary
Roads

(1) Minimum design speed shall be as follows:
Flat topography: seventy (70) kph
Rolling topography: sixty (60) kph
Mountainous topography: forty (40) kph

(2) Number of lanes shall be at least two (2).

(3) There shall be limited frontage access. In exceptional
circumstances, large individual developments may have direct
access when a high-level intersection is provided.

(4) Developments shall be well set back from the road right-of-way.

(5) Alll access to premises shall be provided via Provincial, City,
Municipal or Barangay Roads.

(6) Number of intersections shall be minimized.

(7) At-grade intersections shall be channelized for minor flows.

(8) Parking shall not be permitted within the entire road right-of-
way, except for existing roads with prevalent direct access from
abutting properties as of the approval of this Act, in which case
parking may be allowed in designated areas outside the
carriageway and sidewalks.

(9) There shall be no vendors and other prohibited uses as provided
in Section 8.14 of this Act.

Provincial Roads

(1) Minimum design speed shall be as follows:
Flat topography: seventy (70) kph
Rolling topography: sixty (60) kph
Mountainous topography: forty (40) kph
(2) Number of lanes shall be at least two (2).
(3) There shall be limited fromtage access. In exceptional
circumstances, large individual developments may have direct



‘access when a high-level intersection is provided.

(4) Developments shall be well set back from the road right-of-way

(5) Most developments shall be given access via intersections with

Local Roads.

(6) All intersections shall normally be at-grade.

(7) For high-volume traffic, turning traffic shall be separated from

through traffic by auxiliary lanes.

(8) Where feasible, separated pedestrian/bikeways shall be provided

remote from the travelway.

(9) Pedestrian crossings shall be clearly defined and controlled.

(10)Parking shall not be permitted within the entire road right-of-
way, except for existing roads with prevalent direct access from
abutting properties as of the approval of this Act, in which case
parking may be allowed in designated areas outside the
carriageway and sidewalks.

(11)Bus/public vehicle stops, as well as other loading and unloading
areas permitted in exceptional circumstances, shall be in
separate well-designed lay-bys or properly marked areas.

(12) There shall be no vendors and other prohibited uses as provided
in Section 8.14 of this Act.

City Roads (1) Minimum design speed shall be as follows:
Flat topography: seventy (70) kph
Rolling topography: sixty (60) kph
Mountainous topography: forty (40) kph

(2) Number of lanes shall be at least two (2).

(3) Roads shall be mainly for local traffic.

(4) Through traffic shall, to the extent feasible, be accommodated on
an alternative more direct main road or bypass road.

(5) Where feasible, an industrial traffic route shall not pass through
a residential area.

(6) Vehicle speeds shall be kept low and long straight alignments
shall be avoided.

(7) Parking shall not be permitted within the entire road right-of-
way, except for existing roads with prevalent direct access from
abutting properties as of the approval of this Act, in which case
parking may be allowed in designated areas outside the
carriageway and sidewalks.

(8) Bus/public vehicle stops, as well as other loading and unloading
areas permitted in exceptional circumstances, shall be in separate
well-designed lay-bys or properly marked areas.

(9) Where non-motorized traffic needs to use a local distributor
road, it shall be separated from motorized traffic.

(10) There shall be no vendors and other prohibited uses as provided

in Section 8.14 of this Act.
Municipal Roads _ | (1) Minimum design speed shall be as follows:

Flat topography: seventy (70) kph
Rolling topography: sixty (60) kph
Mountainous topography: forty (40) kph
(2) Number of lanes shall be at least two (2).
(3) Roads shall be mainly for local traffic.
(4) Through traffic shall, to the extent feasible, be accommodated on
an alternative more direct main road or bypass road.



() Where feasible, an industrial traffic route shall not pass through
a residential area.

(6) Vehicle speeds shall be kept low and long straight alignments
shall be avoided.

(7) Parking shall not be permitted within the entire road right-of-
way, except for existing roads with prevalent direct access from
abutting propertics as of the approval of this Act, in which case
parking may be allowed in designated areas outside the
carriageway and sidewalks.

(8) Bus/public vehicle stops, as well as other loading and unloading
areas permitted in exceptional circumstances, shall be in separate
well-designed lay-bys or properly marked areas.

(9) Where non-motorized traffic needs to use a local distributor
road, it shall be separated from motorized traffic.

(10) There shall be no vendors and other prohibited uses as provided

in Section 8.14 of this Act.

Barangay Roads | (1) Minimum design speed shall be as follows:

Flat topography: 60 kph
Rolling topography: forty (40) kph
Mountainous topography: thirty (30) kph

(2) Number of lanes shall usually be two (2).

(3) Through traffic shall be minimized.

(4) Vehicle speeds shall be kept low.

(5) Access roads shall be kept short where possible.

(6) Cul-de-sac and loop roads shall be used where feasible to deter
through traffic.

(7) Intersections shall, to the extent feasible, be three-legged rather
than four-legged, and kept compact to aid pedestrian
movements.

(8) Parking shall not be permitted within the entire road right-of-
way, except for existing roads with prevalent direct access from
abutting properties as of the approval of this Act where parking
may be allowed in designated areas outside the carriageway and
sidewalks.

(9) Pedestrians and vehicles may share road space where vehicular
traffic is light. Travelway width can be reduced to give priority
to pedestrians.

(10) Entrance/exit points of access streets shall be clearly identified
by threshold treatments, such as changes in geometric layout,
landscaping, building development or gateways and signage.

(11) Fully mountable curbs for motor vehicles may be provided to
be used by emergency and service vehicles.

(12) Fire lanes or paths shall be provided, marked, and kept clear for
emergency access of fire trucks and other firefighting vehicles.

(13) There shall be no vendors and other prohibited uses as provided
in Section 8.14 of this Act,

7.4 In the design of private roads in housing/subdivision and commercial/industrial/
institutional areas, the following major requirements shall be observed, consistent with the
DPWH minimum design standards for roads:


75

7.6

17

78

SEC.

8.1

a. The development plans for the housing/subdivision and commercial/industrial/
institutional areas, including the roads and circulation system thereof, shall conform to
the local zoning ordinances and land use plans, be consistent with the provisions of the
National Building Code of the Philippines, as amended, and be compliant to the rules of
the HLURB.

b. The said development plans shall provide for a functional hierarchy of internal roads
and for adequate linkages of these roads to external Government Roads.

c. All major buildings and establishments shall undergo a Traffic Impact Assessment
(TIA) before the issuance of any locational clearance that is a prerequisite to a building
permit. The TIA shall include an assessment of the traffic circulation within and around
the premises of the building/establishment and the external influence area, the
sufficiency of parking for the generated and attracted traffic, and the measures to
mitigate any traffic and parking problems and safety concerns.

d. In any land development covering more than one hundred thousand (100,000) square
meters, through roads shall be provided where required by the estimated trip generation
based on the TIA. To the extent feasible, these through roads shall align and
interconnect with existing public-use roads in the vicinity.

The DPWH national standards for the construction and maintenance of roads shall
preferably be performance-based and adequately consider the factors of safety, structural
integrity, efficiency, economy, socio-environmental impact, and sustainability.

The Agency responsibilities and accountabilities for the design, construction, and
maintenance of roads shall be based on the provisions of Sections 5 to 7 of this Act.

To minimize disruption to traffic and provide for the safety of the public in road
construction projects, the concerned Government implementing agency shall prepare and
execute (a) a traffic management plan that will stage the works, identify alternate routes as
necessary, and manage traffic throughout the construction period, and (b) a construction
safety and health plan in accordance with the standards and guidelines of the DPWH and
the Department of Labor and Employment (DOLE). For heavily travelled roads, the
implementing agencies shall, to the extent feasible, require the works to be done
continuously round-the-clock, with adequate safety and environmental safeguards.

To avoid delays in road construction and obstruction to traffic, the relocation of utilities
affected by a road construction project must be part of the project scope of work and must
be done in phase with the approved general construction schedule for the project. The time
and cost for the relocation of utilities shall be based on standards prepared by the concerned
Government utility regulatory agencies, with the consent of the implementing agencies and
the utility entities.

8. Rules and Regulations for Use of Roads.

The DOT shall prescribe and enforce the rules for the use of the roads, particularly the
national traffic rules for the movement of vehicles and pedestrians on all roads, covering
both Government roads and private roads. These national traffic rules shall be observed by
all concemed Government Agencies and private entities and concessionaires. The DOTr


8.2

83

84

8.5

8.6

national traffic rules shall reflect the pertinent provisions of this Act and include the
following:

a. Allowable movements of motor vehicles on roads, including but not limited to
appropriate locations and conditions for parking and stopping of motor vehicles, bus/
public transport routes, loading and unloading zones, and terminals, among others.

b. Allowable movements of pedestrians on roads, including but not limited to appropriate
areas for walking and crossing

¢. Other traffic rules, including but not limited to those pertaining to obstruction to traffic,
allowable speed limits in accordance with Sections 8.2 to 8.4 hereof, load limits,
reckless driving, overtaking or passing, turning, driving without license or vehicle
registration or outside the franchised routes, driving under the influence of liquor or
prohibited drugs, and nose-in/nose-out movements to and from the travelway.

The DPWH shall establish the allowable speed limits on the different sections of National
Roads, considering the functions, design, and actual conditions of the road sections, the
characteristics, volume and mix of vehicular and pedestrian traffic thereon, the
requirements for road safety, and the kind of land uses in the area. These shall include
crowded sections of National Roads, that is, those with heavy pedestrian traffic and those
in the immediate vicinity of major schools, transport terminals, markets, Government
buildings, churches, malls, and related establishments, as identified by the LGUs or the
DPWH. The allowable speeds for National Roads established by the DPWH are subject to
concurrence by the DOTr and to their inclusion in the set of national traffic rules to be
issued by the DOTr in accordance with the provisions of Section 8.1 hereof. The DPWH
shall install the proper signage for the approved allowable speed limits on the National
Roads for the information of the road users.

LGUs may enact ordinances for purposes of enforcing the allowable speed limits on
National Roads set by the DPWH. When necessary for the safety of road users, an LGU
may propose allowable speed limits that are lower than those set by the DPWH on specific
sections of National Roads, to be submitted to the DPWH for approval and to the DOTr for
concurrence, prior to the enactment of the corresponding LGU ordinance.

In the case of Local Roads, the concerned LGUs shall set and enforce, through appropriate
ordinances, the allowable speed limits on the different road sections, considering the same
factors mentioned in Section 8.2, including crowded road sections as defined in Section
8.2. These shall be subject to compliance with the national standards for allowable speed
limits on Local Roads to be prescribed by the DPWH with the concurrence of the DOTr.
The concerned LGU shall provide the proper signage for the approved allowable speed
limits on the Local Road sections for the information of the road users.

Parking of motor vehicles shall not be allowed within the entire road right-of-way of all
Government roads and private roads that function as public-use roads, except for existing
road sections as of the effectivity of this Act with prevalent unlimited access from
adjoining properties, where parking may be allowed within the road right-of-way but only
in designated areas outside the carriageway and sidewalks.

Subject to the provision of Section 8.5 hereof, all parking shall be within the allocated area
inside the building or property outside of the road right-of-way. All establishments shall
provide enough parking spaces for the use by their in-house vehicles, cars of customers,


8.7

8.8

8.9

8.10

8.11

8.12

8.13

8.14

clients, visitors, and staff, delivery vans, and other vehicles, consistent with the provisions
of the National Building Code of the Philippines, as amended. This shall be in the form of
standard parking spaces and staging areas inside their premises. Fast-moving entrance and
exits to/from and within the parking areas shall be provided.

Perpendicular parking inside the property within the setback required under the National
Building Code of the Philippines, as amended, betwen the building line and the property/
road right-of-way boundary, may be allowed if the setback is at least six (6) meters wide.
Otherwise, setback parking shall be parallel or skewed to the road. In all cases, no part of a
parked vehicle shall extend over any part of the road right-of-way.

Use of any space as staging or queuing area outside the entrance gates of the establishment,
which is part of the road right-of-way and obstructs the movement of people and vehicular
traffic, shall not be allowed. Vehicles shall not be allowed to stand/wait in these areas
beyond ten (10) seconds to avoid obstructing the flow of people and passing vehicles. For a
property with a long frontage, direct access from and to the travelway shall be limited to a
few entrance and exit gates to avoid undue obstruction to the external road traffic.

On private roads classified as public-use roads, facilities for vehicle inspection shall be
provided inside the premises of the subdivisions and establishments in order to avoid
queues outside the premises which hinder the traffic flow on external public-use roads.

Motor vehicles shall be prohibited from loading and unloading passengers or goods or
stopping that causes obstruction on any public use road, except in loading and unloading
zones ot parking areas designated under appropriate ordinances enacted by the concerned
LGUs or, in the case of Metropolitan Manila, by the MMDA, which ordinances shall
comply with the national traffic rules and the other provisions of this Act. Motor vehicles
shall not be allowed to remain standing/waiting on any public-use road for more than ten
(10) seconds to avoid obstructing the normal flow of other vehicles.

The requirement for nose-in/nose-out movements of vehicles from and to the travelway as
defined in Section 3 of this Act shall be strictly observed on all public-use roads. Nose-
in/nose-out maneuvers shall done within the premises of the property owner, that is,
outside the road right-of-way, in order not to obstruct the normal flow of vehicles and
pedestrians; in difficult cases, however, such maneuvers may be allowed on the sidewalks
without unduly hampering the flow of pedestrians.

Only motor vehicles shall be allowed to use the travelways of National Roads and
Provincial Roads. Conveyances other than motor vehicles, such as human-driven bicycles,
tricycles and pedicabs, and animal-drawn calesas and carromatas, may be allowed to use
the shoulders of or separate passageways outside the travelway of these roads. Until such
time that separate passageways for human-driven bicycles and tricycles are provided
outside the travelways of these roads, the DPWH or PG concerned may, through
appropriate Department Orders or PG ordinances, allow these vehicles to use designated
sections of the travelways of these roads, provided that adequate safety measures are
adopted.

Pedestrians shall be allowed to use only the shoulders, sidewalks, pedestrian lanes and
crossings of roads, as designated by the appropriate Government Agency.

The following uses and activities shall be prohibited within the right-of-way of all public
use roads:


8.15

a. Vending of any kind and item.

b. Installation of public and private temporary and permanent structures, such as
buildings, houses, shanties, stores, shops, stalls, posts, canopies, billboards, commercial
signage and messages, advertisements, names of donors/sponsors, fences, walls,
railings, barriers, pipes, basketball courts, plants and plant boxes, garbage receptacles,
and the like, except bus/public vehicle stops and passenger waiting sheds authorized by
the DPWH, the MMDA, or the LGU concerned.

c. Construction or repair work without the required permit from the DPWH, the MMDA,
or the LGU responsible for the road, and without the required signage and safety ot
protective devices.

d. Repair and washing of vehicles, and related businesses.

¢. Installation of driveways and ramps.

f. Provision of humps, whether permanent or temporary, except for platforms for
pedestrian crossings compliant with DPWH design standards.

g. Placement of construction materials, such as sand, gravel, cement, lumber and stec!
bars, earth spoils, waste materials, debris, embankment, heaps, and the like

h. Installation or placement of equipment, including junked items, storage of soda and
liquor bottles and cases, and the like.

i, Disposal of garbage and houschold/commercial/industrial wastewater and sewage.
j. Raising of animals or allowing them to roam in the area.
k. Drying of palay and other crops.

1. Doing house chores, such as washing and hanging clothes, and bathing; drinking liquor
and beverages; and holding picnics, wakes, and other gatherings.

m. Sports and related activities.

n. Unauthorized extraction of tolls or fees from road users, that is, without the approval of
the TRB.

o. Other uses and activities that are not directly related to the basic road functions of
mobility and accessibility, as jointly determined by the DPWH and the DOTr.

The CG or MG concerned shall be responsible for enforcing the provision on prohibited
uses and activities within the road right-of-way stated in Section 8.14 for all sections of
National, Provincial, City/Municipal and Barangay Roads, as well as private roads which
serve as public-use roads, within its territorial jurisdiction. This responsibility shall include
the immediate removal of all existing prohibited uses and activities and the prevention of
future prohibited uses and activities within the road right-of-way. The DPWH, the MMDA
or the CG/MG concemed shall take immediate action on any legitimate request, notice or


complaint regarding prohibited uses and activities under this Section of the Act within
seven (7) days upon receipt of the request, notice or complaint.

8.16 All above-ground utilities within the carriageway shall be removed by the respective utility
entities within one (1) month upon receipt of the notice for the removal thereof from the
DPWH or LGUs concerned.

8.17 When a private road meets the definition of a public-use road in Section 3 hereof — that is,
the road serves multiple property owners, settlers, road users, and beneficiaries — and is
part of a subdivision project duly approved by appropriate authorities, that road is deemed
withdrawn from the commerce of man and is open for public use, whether or not the title to
the property remains with the developer or owner.

8.18 After the issuance by the HLURB of the license to a developer to develop a subdivision,
but before the issuance by the concerned LGU of a permit by the concerned LGU to the
developer to implement the development of the subdivision, the developer shall transfer to
the LGU the title to all road lots in the approved subdivision plan at no cost, subject to
compliance with the relevant DPWH road design standards. In the case of existing
subdivisions as of the effectivity of this Act, the ownership of all road lots is hereby
transferred to the concerned LGUs at no cost, subject to compliance with the relevant
DPWH road design standards. Thereafter, the LGUs shall be responsible for the proper
maintenance and use of the roads, including the enforcement of traffic rules and regulations
thereon. The LGU concemed may allow the private developer or homeowners” association
to maintain the roads at the latter’s expense provided that the maintenance work complies
with DPWEH road maintenance standards.

8.19 The Government, through the DPWH or the LGU concemed, may declare or convert a
private road within a subdivision or housing site into a Government road, under the
following conditions:

a. The subject private road shall serve a public use or purpose as it will improve the
overall traffic flow in the vicinity, thus benefiting the general public. The subject private
road forms an integral part of the overall hierarchical network of roads in and around
the subdivision or housing site.

b. There is no existing Government road in the vicinity that can alternatively serve the
same purpose as the subject private road sought to be converted into a Government

road.

¢. The DPWH or the LGU concerned has conducted due consultations with the developer
or homeowners’ association concemed regarding the proposed conversion of the subject
private road into a Government road.

d. The subject private road is compliant with the pertinent DPWH design standards for a
Government road.

e. The DPWH or the LGU concerned shall provide adequate safety, security, and
environmental safeguards for the benefit of the affected residents and road users.

f. The DPWH or the LGU concemed shall acquire the subject private road for public use
through donation by the private developer or homeowners’ association, or through an
easement agreement with the private developer or homeowners association, or through


negotiated sale or expropriation, with due compensation to the owners of affected
properties outside of the road lots, in accordance with the provisions of Republic Act
No, 10752 (Right-of-Way Act).

SEC. 9. Powers and Responsibilities of Concerned Agencies.

91

9.2

93

Consistent with the provisions of Sections 5 to 8 of this Act, the concerned Agencies shall
exercise the following powers and responsibilities in relation to provision and use of roads.

The DPWH shall have the following powers and responsibilities:

a.

Classify all Government roads in the Philippines according to functional criteria
pursuant to the provisions of Section 6 of this Act.

Prescribe and enforce national standards, including guidelines and manuals, for the
design, construction, and maintenance of all roads — Government and private - in
accordance with Section 7 of this Act.

Design, construct and maintain National Roads.
Maintain a central database on road inventory and conditions, road traffic data, accident

data, and related information for National Roads, which shall be linked to related
databases of the DOTr, the MMDA and the LGUs.

The DOTr shall have the following powers and responsibilities:

a.

Prescribe the national traffic rules for public-use roads, in accordance with Section 8 of
this Act.

Enforce, through the LTO and the LTFRB, national traffic rules on all National Roads,
prescribed by the DOTr under Section 8 of this Act.

Exercise traffic supervision over the traffic management and control undertaken by the
concemed agencies on all roads.

As deemed necessary, deputize the DPWH, MMDA, LGUs, PNP-HPG, and other
entities to enforce the DOTr national traffic rules prescribed under Section 8 of this
Act.

Maintain a central database for national traffic rules, LGU and MMDA ordinances,
traffic violations, traffic accident data, and related information, with nationwide
coverage, which shall be linked to related databases of the DPWH, the MMDA, the
LGUs, and the PNP-HPG, and be accessible the general public. Require regular reports
on traffic violations and related data from all concerned LGUs , the MMDA, and the
PNP-HPG.

9.4 The MMDA shall have the following powers and responsibilities:

a,

b.

Undertake traffic management and control on all roads in Metropolitan Manila.

Adopt and enforce MMDA ordinances regulating the design, construction, and
maintenance of roads in Metropolitan Manila, and the movements of motor vehicles


and pedestrians on all roads in Metropolitan Manila, including the allowable areas and
conditions for parking and stopping of motor vehicles and loading and unloading of
passengers and goods, allowable speed limits, and other traffic rules, in accordance
with the national standards and rules prescribed by the DPWH and the DOTr under
Sections 7 and 8 of this Act. Ensure that proper consultation with the affected
stakeholders has been conducted on each proposed ordinance before the same is issued.

c. As deemed necessary, deputize LGUs in Metropolitan Manila, the DPWH, and other
entities to exercise traffic supervision and enforce MMDA ordinances adopted under
Section 9.4b of this Act.

d. Maintain a database on road inventory and conditions, road traffic data, traffic
violations, road accidents, and related information for Metropolitan Manila, which shall
be linked to the DPWH and DOTr databases. Submit regular reports on these data and
information to the DPWH and the DOTr.

9.5 The concerned PG shall have the following powers and responsibilities:

a. Design, construct and maintain Provincial Roads in accordance with the design
standards prescribed by the DPWH under Section 7 of this Act.

b. Undertake traffic management and control on its Provincial Roads, by itself or through
a duly delegated CG or MG.

¢. Adopt and enforce PG ordinances regulating the design, construction, and maintenance
of its Provincial Roads, and the movements of motor vehicles and pedestrians on its
Provincial Roads, including the allowable locations and conditions for parking and
stopping of motor vehicles and loading and unloading of passengers and goods,
allowable speed limits, and other traffic signage and regulations, in accordance with the
national standards and rules prescribed by the DPWH and the DOTr under Sections 7
and 8 of this Act. Ensure that proper consultation with the affected stakeholders has
been conducted on each proposed ordinance before the same is issued.

d. Maintain a PG database on its road inventory and conditions, road traffic data, traffic
violations, road accidents, and related information, which shall be linked to the DPWH
and DOTr databases. Submit regular reports on these data and information to the
DPWH and the DOTr.

9.6 The concerned CG shall have the following powers and responsibilities:

a. Design, construct and maintain City Roads in accordance with the design standards
prescribed by the DPWH under Section 7 of this Act.

b. Undertake traffic management and control on its City Roads, by itself or by a duly
delegated BG or private developer or homeowners’ association.

c. Adopt and enforce CG ordinances regulating the design, construction, and
maintenance of its City Roads, and the movements of motor vehicles and pedestrians
on its City Roads and on private roads within the jurisdiction of the CG - including the
allowable locations and conditions for parking and stopping of motor vehicles and
loading and unloading of passengers and goods, allowable speed limits, and other
traffic signage and regulations, in accordance with the national standards and rules


prescribed by the DPWH and the DOTr under Sections 7 and 8 of this Act. Ensure that
proper consultation with the affected stakeholders has been conducted on each
proposed ordinance before the same is issued.

d. Prevent and remove prohibited uses and activities within the right-of-way of all
sections of National, Provincial, City/Municipal and Barangay Roads, as well as private
roads which serve as public-use roads, within its territorial jurisdiction, as provided in
Sections 8.14 and 8.15 of this Act.

€. Maintain a CG database on its road inventory and conditions, road traffic data, traffic
violations, road accidents, prohibited uses in the right-of-way, and related information,
which shall be linked to the DPWH and DOTr databases. Submit regular reports on
these data and information to the DPWH and the DOTr.

9.7. The concerned MG shall have the following powers and responsibilities:

a. Design, construct and maintain Municipal Roads in accordance with the design
standards prescribed by the DPWH under Section 7 of this Act.

b. Undertake traffic management and control on its Municipal Roads, by itself or by a
duly delegated BG or private developer or homeowners’ association.

c. Adopt MG ordinances regulating the design, construction, maintenance, and use of its
Municipal Roads, and the movements of motor vehicles and pedestrians on its
Municipal Roads and on private roads within the jurisdiction of the MG - including the
allowable locations and conditions for parking and stopping of motor vehicles and
loading and unloading of passengers and goods, allowable speed limits, and other
traffic signage and regulations, in accordance with the national standards and rules
prescribed by the DPWH and the DOTr under Sections 7 and 8 of this Act. Ensure that
proper consultation with the affected stakeholders has been conducted on each
proposed ordinance before the same is issued.

d. Prevent and remove prohibited uses and activities within the right-of-way of all
sections of National, Provincial, City/Municipal and Barangay Roads, as well as private
roads which serve as public-use roads, within its territorial jurisdiction, as provided in
Sections 8.14 and 8.15 of this Act.

€. Maintain a MG database on road inventory and conditions and traffic data, traffic
violations, road accidents, prohibited uses in the right-of-way, and related information,
which shall be linked to the DPWH and DOTr databases. Submit regular reports on
these data and information to the DPWH and the DOTr.

9.8 The concerned BG shall have the following powers and responsibilities:

a. Design, construct and maintain Barangay Roads in accordance with the design
standards prescribed by the DPWH under Section 7 of this Act.

b. Undertake traffic management and control on its Barangay Roads
c. Adopt BG ordinances regulating the design, construction, maintenance, and use of its

Barangay Roads, and the movements of motor vehicles and pedestrians on its Barangay
Roads and on private roads within the jurisdiction of the BG - including the


appropriate locations and conditions for parking and stopping of motor vehicles and
loading and unloading of passengers and goods, allowable speed limits, and other
traffic signage and regulations, in accordance with the national standards and rules
prescribed by the DPWH and the DOTr under Sections 7 and 8 of this Act. Ensure that
proper consultation with the affected stakeholders has been conducted on cach
proposed ordinance before the same is issued.

d. Maintain a BG database on road inventory and conditions, road traffic data, traffic
violations, road accidents, and related information, which shall be linked to the DPWH
and DOTr databases. Submit regular reports on these data and information to the
DPWH and the DOTr.

9.9 The HLURB shall enforce the regulations for the design, construction, maintenance and
use of private roads in housing and subdivision sites, including traffic regulations,
consistent with the DPWH and DOTr national standards and rules prescribed under
Sections 7 and 8 of this Act.

9.10 The PNP-HPG shall enforce traffic rules and regulations, as authorized by the DOTr,
including the arrest of traffic violators. The PNP-HPG shall also be responsible for
collecting road accident data for inclusion in the DOTr road traffic accident database.

9.11 The MMDA, PG, CG, MG, and BG shall not adopt any ordinance, rule, or regulation
affecting the design, construction, maintenance, and operation, and use of Expressways and
National Roads, or affecting the movement of motor vehicles and pedestrians and traffic
rules on Expressways and National Roads, without the prior approval of the DPWH in the
case of the design, construction, maintenance, operation, and use of these roads, and
without the prior approval of the DOTr in the case of the movement of motor vehicles and
pedestrians and traffic rules on these roads.

9.12 No LGU, developer, homeowners’ association or other entity shall prevent entry to, or
otherwise close, a public-use road without the prior approval of the DPWH and the DOTr.

9.12 The concerned Government Regulators of utilities, including but not limited to, the
National Telecommunications Commission (NTC), Metropolitan Waterworks and
Sewerage Authority (MWSS) Regulatory Office, Local Water Utilities Administration
(LWUA), Energy Regulatory Commission, and National Electrification Administration
(NEA), shall exercise the following responsibilities with respect to the location and
operation of utilities affecting Government and private roads:

a. Establish the technical and operational standards for utilities affecting the design,
construction, maintenance, operation and use of the roads, including the time and cost
for the relocation of utilities affected by road projects, consistent with the provisions of
this Act.

b. Monitor and enforce compliance to the said standards by the utility companies and
entities.

¢. Impose appropriate sanctions on the utility companies and entities that fail to comply
with the standards.

SEC. 10. Transitory Provisions. — Within a period of one (1) year from the effectivity of the
Implementing Rules and Regulations of this Act, to be promulgated under Section 11 hereof, all


existing housing/subdivision and commerciaV/industrial/institutional establishments shall fully
comply with the provisions of Section 8 hereof.

SEC. 11. Implementing Rules and Regulations.

11.1 Within ninety (90) days after the effectivity of this Act, a Committee shall, formulate and
prescribe, after duc public hearing, the Implementing Rules and Regulations (IRR) for the
proper execution of the provisions of this Act.

11.2 The Committee shall be composed of the following officials or their duly designated
representatives:

The Secretary of the DPWH as Chairperson.
The Secretary of the DOTr as Co-Chairperson.

The Secretary of the DILG as Member.

The Chairman of the HLURB as Member.

The President the League of Provinces of the Philippines as Member

The President of the League of Cities of the Philippines as Member

The President of the League of Municipalities of the Philippines as Member.

Other representatives of concerned entities, determined by the Committee, as Members.

FRmopeoge

11.3 The IRR, as approved by the Committee, shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general circulation.

11.4 From time to time, the Committee may formulate and prescribe, after due public hearing,
amendments or revisions to the IRR, consistent with the provisions of this Act. The
amended or revised IRR shall take effect fifteen (15) days after its publication in the
Official Gazette or in at least two (2) newspapers of general circulation.

11.5 All concerned LGUs and other Agencies shall promulgate and enforce the provisions of the
approved IRR in their respective jurisdictions.

SEC. 12. Penal Provisions.
12.1 Fines. Violations of the traffic rules shall warrant the imposition of the following fines:

a. Any person who violates a traffic rule for the first time shall be liable to a fine
equivalent to an appropriate multiple of the minimum wage prescribed by the National
Capital Region Wage Board. The said multiple shall range from one (I) to ten (10)
depending on the severity of the violation, with one (1) as the least severe and ten (10)
as the most severe.

b. A repeat offender shall be liable to a fine of at least fifty percent (50%) higher than the
corresponding fine of a first-time offender. An individual shall be considered a repeat
offender if he violates the same traffic rule within the last twelve (12) months from the
date of his latest offense.

The IRR to be formulated and prescribed under Section 11 of this Act shall include a
matrix indicating the schedules of fines corresponding to the different violations of traffic
rules set under this Act.


12.2 Demerit Points. Aside from the imposition of fines, demerit points shall be assessed against
erring individuals. Committing violations of the traffic rules shall result in the recording of
these points. Accumulation of points to a certain number shall result in the suspension or
revocation of the offender’s driving license. The IRR under Section 11 of this Act shall
also provide the schedule of demerit points.

12.4 Criminal Liability. Any person who commits any of the prohibited uses and activities
stated in Section 8.14 hereof shall be subject to criminal liability. Criminal liability shall
also be incurred through the commission of bribery, extortion or when the violation of the
provisions of this Act is done deliberately and maliciously to solicit favors in cash or in
kind.

12.

ES

Liability of Public Officers, Public officers who fail to enforce and implement the traffic
rules and other provisions of this Act shall be subject to administrative and criminal
liability. The Office of the Ombudsman shall have jurisdiction over these cases as
determined by appropriate laws and issuances.

SEC. 13. Separability Clause. - If any portion of this Act is declared unconstitutional or invalid,
the other portions which are not affected thereby shall continue in full force and effect.

SEC. 14. Repealing Clause. - All existing laws, decrees, executive orders, rules, regulations or
parts thereof that are inconsistent with this Act are hereby repealed.

SEC. 15. 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.