Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

House Bill No3414

Introduced by 1-RIDER Party-list Representatives Hon. Ramon Rodrigo
“ Rodge” L. Gutierrez and Hon. Bonifacio Laqui Bosita

EXPLANATORY NOTE

This measure seeks to require the installation of CCTV systems in various modes
of public transport, such as buses and taxis. It is the position of this representation that
in making such mandatory, the chances of untoward and unfortunate incidents being
captured on camera increases, and utilization of the clips would expedite the disposition
of justice. This would have various uses, from providing a clear narrative for the
investigation of the scene, to the settlement of claims arising from the incident, and to
future formulation of policy to enhance the safety of our roads. This would be a massive
benefit not only to the operators and drivers of vehicles as primary users of the road, but
also to passengers and pedestrians who use and interact with them. Furthermore, it is
hoped that the adoption of CCTV systems shall constitute a deterrent to reckless and

dangerous driving.

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

RAMON ROD L. GUTIERREZ BONIFACIO LAQUI BOSITA
Representative, 1°RIDER Party-list Representative, 1-RIDER Party-list


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

House Bill No. 341 als

Introduced by 1-RIDER Party-list Representatives Hon. Ramon Rodrigo
“ Rodge” L. Gutierrez and Hon. Bonifacio Laqui Bosita

“AN ACT
MANDATING THE INSTALLATION OF SAFETY
MONITORING DEVICES IN PUBLIC UTILITY
VEHICLES AND PROVIDING PENALTIES FOR
VIOLATION THEREOF”

Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:

SECTION 1. Short Title. - This act shall be known as the “Public
Utility Vehicle Monitoring Act”.

SECTION 2. Declaration of policy. — It is hereby declared the policy
of the state to ensure the safety of its citizens, particularly the public
transport users, from criminal activity such theft, robbery, homicide,
kidnapping and the like. Towards this end, the State shall require all
operators of public utility vehicles (PUVs) to install a close-circuit television
(CCTV) and Globai Positioning System (GPS) tracker on their motor
vehicles as a means of deterring crime and of gathering the necessary
information to help prosecute perpetrators of the aforestated crimes.

SECTION 3. Definition of Terms. — As used in this act:

a) Closed-Circuit Television or CCTV refers to an electronic
communication system equipped with a video camera or video
cameras, capable of recording and storing signals or digital
information and connected to a monitor or set monitors designed to
perform surveillance over a limited area;

b) Global Positioning System or GPS refers to a navigational system that
determines the latitude and longitude of a particular location on earth
by calculating the difference in time it takes for signals sent from
different satellites to reach a receiver at that location;

c) GPS Tracker refers to an electronic communication device that uses
the GPS to determine, track and record its precise location, or of
anything on which it is attached or mounted, at regular intervals;


d) “Online E-commerce platform provider” refers to a natural or
juridical person whose primary business is to provide the digital
platform that connects online buyers and online sellers to facilitate
the sale of products, goods or services through the internet;

e) “Operator” refers to the person in whose name the motorcycle-for-
hire is registered;

f) “Rider” refers to the driver of the motorcycle-for-hire; and

g) “Transportation network company” refers to an entity which
provides pre-arranged transportation services for compensation
using an internet-based technology application or digital platform
technology to connect clients with riders to facilitate a contract of
carriage using a motorcycle-for-hire.

SECTION 4. Scope and Application. — This Act shal} apply to all
aspects of the operation of motorcycles used as a common carrier for
the transportation of passengers or goods which shall include parcels
and mail. This Act shall not apply to motorcycles directly owned by
the entities and used exclusively in the line of business for delivery of
goods and other services.

SECTION 5. Motorcycles-For-Hire as Common Carriers. -
The operation of motorcycles-for-hire is imbued with public interest.
As such, the same shall be governed by the applicable provisions of
the Civil Code of the Philippines and other pertinent laws, rules and
regulations on common carriers, particularly on the required degree
of diligence to be observed in the course of transporting passenger or
goods, and on the presumption of culpability in case of breach of a
contract of carriage. A transportation network company (TNC) or an
Online E-Commerce platform provider (OEPP) should exercise due
diligence and reasonable care in accrediting motorcycle-for-hire
operators and drivers that shall operate under their platforms.

SECTION 6. Registration of Motorcycles-For-Hire. — A
motorcycle intended to be used as a motorcycle-for-hire must be duly
registered with the Land Transportation Office (LTO) in accordance
with the requirement of all motorcycles-for-hire before their
registration, or any renewal thereof.

SECTION 7. Standards and Specification of Motorcycles-
For-Hire. ~ The Department of Transportation (DOr), upon the
recommendation of the Department of Trade and Industry — Bureau
of the Philippine Standards (DTI-BPS) and LTO, shall prescribe the
standards and specifications of motorcycles that may be allowed to
operate as motorcycles-for-hire, taking into consideration the safety
of the riders and passengers.

No modifications shall be made on any motorcycles-for-hire,
except for the installation of the appropriate accessories, such as
motorcycle bracket, top box, luggage carrier, saddlebag, step board or
foot rest, speed limiter or monitoring devices, in accordance with the
standards and specifications prescribed by the DYI-BPS and as
approved by the LTO under existing laws, rules and regulations.

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SECTION 8. Franchising of Motorcycles-For-Hire. —
The franchising of motorcycles-for-hire in metropolitan and
urbanized areas with an existing and operating TNC or OEPP is
vested in the Land Transportation Franchising and Regulatory Board
(LTFRB). The LTFRB shall set forth in the franchise granted to
operators, the terms and conditions to be observed in the operation of
motoreycles-for-hire. Such franchise shall allow the operator to
engage in multi-homing upon accreditation with other TNCs or
OEPPs.

The LTFRB, in coordination with the concerned local
government unit in a provinee, city or municipality, shall determine
the number of units and areas of operation, or routes if applicable, of
motoreycles-for-hire in accordance with the route rationalization plan
or studies adopted by the DOTr: Provided, That in determi
number of motorcycle-for-hire units to be operated by TNCs and
OEPPs, the demand for their services shall be the basis for the LTFRB
in the issuance of franchise.

The franchise fee and any other related charges for operating a
motoreycle-for-hire shall be determined by the LTFRB, subject to the
approval of the DOTr.

In areas outside the metropolitan areas or regional hubs and
where there is no existing or operating TNC or OEPP, the application
for a franchise shall be coursed through the LGU under which
jurisdiction the motorcycle-for-hire intends to operate: Provided,
That a motorcycle-for-hire may only operate within the territorial
jurisdiction of the LGU concerned: Provided further, That the LGUs
may recommend the appropriate number of units that may be
allowed to operate in their respective jurisdictions based on the
demand in the locality.

To ensure the fast and efficient processing of franchises, the
LTERB and LGUs shall establish a system of coordination that shall
be incorporated in the rules and regulations to be issued pursuant to
See. 21 of this Act.

SECTION 9. Requirements for the Grant of a Franchise or
Issuance of a Certificate of Public Convenience (CPC). - A
CPC shall only be issued to an operator upon submission of and
compliance with the following requirements:

A. Proof of Filipino citizenshi

B. Proof of accreditation by a TNC or OEPP for motorcycles-for-hire
under the digital platform or business permit issued by the
relevant city or municipality for motorcycles-for-hire not operating,
under a TNC or OEPP;

C. Certificate of Registration duly issued by the LTO;

D. Appropriate space to serve as a garage for a franchise applicant
intending to operate three (3) or more motorcycles-for-hire;

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E. Insurance coverage for any death or injury that may occur to a
rider, passenger or any third party or damage to property by
reason or on occasion of its operation; and

F. Tax Identification Number or Certificate of Registration as
Common Carrier issued by the Bureau of Internal Revenue (BIR),
if applicable.

SECTION 10. Qualifications of Motorcycle-For-Hire Riders. -
The LTO shall promulgate the necessary guidelines setting forth the
requirements for the issuance of a professional driver's license, including
the content of theoretical and practical examinations that are appropriate
for the operation of the motorcycle-for-hire. Only riders possessing such
professional driver's license shall be allowed to operate motorcycles-for-
hire. The LTO shall conduct a continuing safety training program for
licensed riders of motorcycles-for-hire with a curriculum duly certified by
the Technical Education and Skills Development Authority (TESDA):
Provided, that licensed riders shall attend at least one (1) safety training
seminar every year.

SECTION 11. Accreditation Requirements of TNCs and OEPPs. -
A TNC or OEPP must be duly registered with the Securities and Exchange
Commission (SEC).

Before a TNC or OEPP which utilizes motoreycles-for-hire in its
business operations is allowed to operate as such, it must comply with the
accreditation requirement of Department of Information and
Communication Technology (DICT).

The DTI, LTFRB and DICT shall jointly issue the guidelines that shall
govern the operations of TNCs and OEPPs using motorcycles-for-hire.

The TNCs and OEPPs must possess and maintain the following
minimum requirements for its accreditation:

a) Proof of Filipino citizenshi
b) Proof of finaneial capacity;
©) SEC registration;

4d) BIR Tax Identification Number;

e) An Accident Quick Response System;

f) A training center, duly certified by the LTO and TESDA, to
evaluate and determine the competence of riders. The DICT may,
as a requirement for renewal of accreditation, consider the
previous safety record of the TNC or OEPP as certified by the LTO
during the effectivity of its accreditation being applied for renewal.

SECTION 12. Operation of Motorcycle-For-Hire. ~ Motoreycles-
for-hire may be allowed to operate using digital booking platforms or
designated terminals. To maximize its operation, motorcycles-for-hire shall
not be bound by a single TNC or OEPP but shall be allowed to adopt a
multi-homing approach within a particular area of operation under the
given franchise: Provided, that a motorcycle-for-hire accredited under any
TNC or OEPP platform may not be allowed to operate as motoreyele-for-
hire without using such platform.

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‘The capacity, nature and character of goods that may be transported,
as well as the dimensions of the motorcycle bracket or luggage carrier or
motorcycles-for-hire, shall be determined by the LTFRB in accordance with
the standards and specifications provided under Section 7 of this Act.

Motorcycles-for-hire shall operate at speeds allowable under Republic
Act No. 4136, otherwise known as the “Land Transportation and Traffic
Code”, local ordinances and other applicable laws: Provided, that in no case
shall a motoreycle-for-hire operate beyond sixty kilometers per hour
(60kph).

SECTION 13. Fare Setting. ~ The fares, surcharges and other
transportation fees that may be charged by operators, OEPPS, or ‘TNCs
shall be in accordance with the fare structure and within the parameters
determined, prescribed and issued by the LTFRB, in consultation with the
motoreycle-for-hire industry and subject to the approval of the DOTr. The
fare structure shall take into consideration supply of and demand for
motorcycle-for-hire services and shall allow dynamic pricing on account of
market variations based on location and time. The fare structure shall also
include the maximum percentage that can be charged by the TNCs and
OEPPs upon the operators or riders on the shipping or delivery fee. The
LTERB shall periodically review the fare structure and parameters of
determining the applicable fares, subject to the approval of DOTr. The
booking system of TNCs and OEPPs shall feature a mechanism that enables
clients to compare the transportation cost charged by each of the available
digital platforms.

In case of motorcycle-for-hire operating outside the digital platforms,
the fare shall be determined by the LTFRB after a public consultation with
LGUs and the operators and other stockholders, with the approval of the
DOTr.

SECTION 14. Processing of Personal Information. - Any collection,
processing and storage of personal information and sensitive personal
information involved in the registration of motoreycles-for-hire, digital
bookings, and other requirements under this Act shall be made in
accordance with the provisions of Republic Act No. 10173, otherwise known
as the “Data Privacy Act of 2012.”

SECTION 15. Liabilities for Death, Injuries or Damage to
Property. — The operator and the TNC or OEPP providing the digital
platform at the time when the death, injury or damage to property oceurred
in the course of operating a motorcycle-for-hire shall be jointly and
solidarily liable, with rights of subrogation against any party at fault:
Provided, That the liability of the TNC or OEPP shall not exceed the
amount of the insurance coverage of the operator.

SECTION 16. Accident Quick Response - Each TNC or OEPP shall
establish a quick response team to provide immediate medical care or bring
any person injured by the operation of the motorcycle-for-hire booked
through its digital platform to the nearest hospital or medical facility. A
function that will allow the rider or the passenger to alert the quick
response team during emergency or road crash shall be part of the booking
application options of the digital platforms. When necessary, the TNC or

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OEPP shall advance any amount necessary for the admission of such
injured person or persons to a hospital or medical facility up to the
maximum insured amount.

SECTION 17. Enforcement - To ensure the safe and secure operation of
motorcycles-for-hire, the LTO shall deputize LGUs and other relevant
government agencies to assist in the enforcement of traffic rules and
regulations, and to monitor strict compliance with the provisions of this
Act, particularly on the observance of carrying capacity and speed limits.
The LTO shall establish a centralized database to ensure the accurate
recording of violations and road crashed involving motorcycles-for-hire and
for the purpose of applying the penalties as well as the other sanctions
under this Act. It shall publish quarterly and annual reports of such data on
its website, which shall be made accessible to the public.

Consistent with its mandate under Republic Act No. 7924, which
created the Metropolitan Manila Development Authority (MMDA), the
MMDA shall continue to exercise traffic enforcement functions within
Metro Manila in furtherance of the objectives of this Act.

All violations related to the terms and conditions of a franchise shall
be endorsed by the LTO enforcement officers, deputized LGU enforcers,
and MMDA personnel to the LTFRB for appropriate action.

‘The foregoing shall preclude the TNCs or OEPPs from exercising the
power to impose sanctions such as suspension of blacklisting of their riders
or operators on account of internal riles made known to the latter, acts
detrimental to safety and security and other reasonable or valid grounds.

SECTION 18. Penalties - The following prohibited acts shall be
penalized as follows:

a) Any rider who operates a motoreycle-for-hire in violation of traffic
rules and regulations, carrying capacity and licensing requirement
shall suffer the maximum penalty imposed under the applicable
law, ordinance, rule or regulation for such violation. In addition,
the LTO shall impose a penalty of suspension or revocation of
driver's license of an erring rider commensurate to the gravity of
the offense and frequency of commission. The table of penalties
shall be included in the rules and regulations to be issued pursuant
to Sec 21 of this Act.

b) An operator who allows a rider who does not possess a valid
Professional Driver’s License to operate a motorcycle-for-hire
shall, in addition to penalties under existing laws and regulations,
suffer a penalty of suspension or revocation of franchise, after due
notice and hearing.

c) The penal provisions of Republic Act No. 7394, otherwise known
as the “Consumer Act of the Philippines” and the Republic Act No.
10173, when applicable, shall apply for acts or omissions
committed in the course of motorcycle-for-hire operation.

SECTION 19. Travel Demand and Operational Data - To assist the
DOTr in transportation planning and management, the TNCs and OEPPs

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shall, not later than thirty (30) calendar days after the end of every year,
submit to the DOTr their travel demand and operational data.

SECTION 20. Transitory Provision. — To ensure a smooth transition
in the implementation of this Act, the authority of this Act, the authority
and acereditation granted to existing TNCs, OEPPs and operators shall
continue to be effective until their expiration or six (6) months from the
regulation of the rules and regulations to be issued pursuant to Section 21
of this Act, whichever comes later.

SECTION 21. Implementing Rules and Regulations. ~ Within
ninety (90) days from the effectivity of this Act, the DOTr shall, in
coordination with the LTFRB, LTO, DTI, BPS, DICT, BIR, TESDA,
Department of Health, Department of Interior and Local Government,
MMDA and Philippines National Police-Highway Patrol Group, and in
consultation with stakeholders, promulgate rules and regulations for the
effective implementation of this Act.

SECTION 22. Separability Clause- If for any reason any provision of
this Act is declared invalid or unconstitutional, the remaining provisions
not otherwise affected shall remain valid and subsisting.

SECTION 23. Repealing Clause- All provisions of laws, decrees,
executive orders, presidential issuances and other administrative rules and
regulation, or parts thereof, which are incompatible or inconsistent with the
provisions of this Act are hereby repealed, amended or modified
accordingly.

SECTION 24. Effectivity- This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in a newspaper of general
circulation.

Approved,

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