LE REPRESEN.
ie * RECEIVED “A 2

Republic of the Philippines Me
HOUSE OF REPRESENTATIVES DATE: 18

Quezon City
EIGHTEENTH CONGRESS

\

HOUSE BILL NO. 2384

introduced by Representative Fiorida P. Robes

EXPLANATORY NOTE

Traffic congestion has been a perennial problem, uot just in Metro Manila, but
of the whole country. Defined as a condition on transport networks that occurs when
a volume of traffic or modal split generates demand for space greater than the
available road capacity and commonly termed as saturation, it has become worse and
more widespread in the country. Many accidents and crimes committed in the streets
are due to road rage brought about by traffic jam.

Thai is why President Rodrigo Duierie asked Congress iv give him emergency
powers in order to bring forth solutions, either short or long term to this problem
that drains time and resources. Many experts in the field of traffic management claim
that there is no need to accord the President such emergency powers. Others claim
that the problem roots from the attitude of our people who seem to possess lack of
discipline or calious disregard to traffic rules and regulations.

So, how do we solve the problem? Are our traffic flaws insufficient or inutile?
believe that this continuing traffic crisis needs more innovative and lasting strategies
that will redound to the benefit of all stakeholders. Anent this, this proposal seeks to
provide good alternatives to help mitigate traffic problems, not only within Metro
Manila but in the whole country. These are taken from suggestions of people on how
to soive traffic problems. As such, the passage of this proposal is hoped to bring
solutions to the traffic woes besetting the country.

te P. ROBES


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

EIGHTEENTH CONGRESS
First Regular Session

2384
HOUSE BILL NO.

Introduced by Representative Florida P. Robes

AN ACT INSTITUTING POLICIES TO MITIGATE THE TRAFFIC CRISIS
IN THE COUNTRY AND FOR OTHER PURPOSES

Re it enacted by the Senate and Honse of Representatives of the Philippines in
Congress assembled:

SECTION 1. Titie. This Act shall be known as the "Traffic Mitigating Act.”

Sec. 2. Declaration of Policy. It is hereby a declared policy of the State to
provide and ensure safe and convenient travel and easy access to major
thoroughfares, roads and highways by instituting efficient, unhampered and orderly
traffic policies intended to curb or avert traffic congestion through a judicious, fair,
participatory and informed traffic management system.

Sec. 3. Scope of Application. - This Act shall serve as a supplement to
existing rules and regulation on all roads in the country, whether national or local in
classification; pedestrian crossing: vehicle stops and transport terminals, and road
use by all motor vehicles including motorized tricycles and pedicabs, and other forms
of conveyances, whether public or private.

Sec. 4. Traffic Mitigating Policies. - The following policies shali be
instituted in order to solve or diminish traffic congestion in the country and to instill
discipline among drivers and pedestrians alike:

(a) Operation of Colorum Public Utility Vehicles. - The operation of all
public utility vehicles which are so-called colorum shall be banned from plying
in all routes in the country. Such vehicles, if caught traversing highways and
streets with passengers, shall be confiscated and impounded.


To prevent colorum vehicies from operating, a tagging system shali be
instituted by attaching stickers on legitimate PUVs to enable the concerned
government agency to monitor those who have not been issued franchise by
the agency. The government policy that only vehicles with "yellow" plates are
designated for public use shall be strictly enforced.

if found in violation of transportation laws, operators of colorum vehicies wili
be fined P50,000 for jeepneys, P120,000 for taxis, P200,000 for vans and
track-for hires, and P1 million for buses. Further, the penalty of seizure shall

be imposed on PUVs that are operating illegally.

(b) No Registration, No Travei Poiicy. - No four (4)-wheeied motor
vehicles, either public or private, can be used, driven or operated on the roads
without being duly registered with the Land Transportation Office (LTO)
pursuant to other applicable rules and regulations.

if apprehended by traffic aw enforcers because the vehicie does not carry the
proper car plate or no car plate is attached to it, the owner shall present any
proof that it is duly registered such as current official receipt (OR); certificate
of registration (CR); sales invoice of the motor vehicle, the same being dated
within seven (7) days prior to the date of apprehension; Certificate of Cover
(COC) of Third Party Liability (TPL) insurance, the same being dated on or
after the issuance of the above Sales Invoice; and Certificate of Stock Reported
(CSR) as issued by the Land Transportation Office, the same dated on or prior
to the issuance of the above Sales Invoice to avoid being penalized provided
that the said vehicle has been purchased in the past seven days or the owner
can prove that the reiease of registration was due to the negligence of LTO or
LTFRB in order to absolve him from such violation.

‘The owner of the unregistered vehicie will be fined Ten Thousand Pesos (Php
10,000.00) while the driver who is not the owner will be charged One
‘Thousand Pesos (Php 1,000.00); and if a motor vehicle has been unregistered
only upon for more than 37 days, it will be impounded and released
registration and payment of appropriate fines and penalties;

(c) Stopping or Parking in Pedestrian Crossings. - Drivers and
pedestrians shall exercise due care in use pedestrian crossings or crosswalks.

All drivers of any vehicies shaii yieid the right-of-way to a pedestrian crossing
the roadway within marked crosswalks or within any unmarked crosswalk at
an intersection, upon any sidewalk prior to driving, on pedestrian tunnel or
overhead pedestrian crossing so near as to constitute an immediate hazard.


‘They shali reduce the speed of the vehicle or take precautionary measures to
safeguard the wellbeing of the pedestrians. Whenever any vehicle has stopped
at a marked crosswalk or at any unmarked crosswalk at an intersection to
permit a pedestrian to cross the roadway, the driver of any other vehicle
approaching from the rear shall not overtake and pass the stopped vehicle.

Pedesirians shali yield the right-of-way to aii vehicles upon the roadway so
near as to constitute an immediate hazard, PROVIDED that the driver of a
vehicle shall continue to exercise due care for the safety of any pedestrian
upon a roadway. Between adjacent intersections controlled by traffic control
signal devices or by policy officers, they shall not cross the roadway at any
piace except in a crosswaik. They shaii not suddenly ieave a curb or other
place of safety or walk or run into path of a vehicle to constitute an immediate
hazard or to unnecessarily stop or delay traffic while in a marked or unmarked
crosswalk.

‘The penaity for the violation of this provision shail

(a) The driver of a vehicle shali be punished by a fine ranging from Php
10,000.00 to php 100,000.00; and

(b) A pedestrian found to be violating this provision shail be punished by a
fine ranging from Php1, 000.00 to Php 10,000.00.

(@) Operation of Three-Wheeied Vehicies. - The three-whecied vehicies
such as tricycles, pedicabs, as well as padyak and kuligligs used as PUVs shall
be prohibited on major roads and thoroughfares in order to decongest traffic
and protect the safety of the commuting public. They can only be used or
driven as a public utility in specific routes which are free of the many hazards
or obstructions that may iead to vehicular accidents. They must have a valid
registration and franchise to operate as PUVs.

The owner of these vehicies will be fined Ten Thousand Pesos (Php
10,000.00) while the driver who is not the owner will be charged One
‘Thousand Pesos (Php 1,000.00). Further, a ten (10) day imprisonment shall
be imposed on violators.

(©) Saiary Standardization - A fixed saiary system for drivers of ali forms
of public transport instead of a boundary system shall be instituted to
encourage them to drive in accordance to traffic rules, decrease exploitation,

and to promote safe driving.


(@® Reguiation of Franchising Scheme- The franchise and operation of
public transport vehicles shall be regulated by dismantling competition and
the awarding of a monopoly franchise in a specific route shal] be mandated.
The government shall study the possibility of providing for government owned
and operated buses. Revenues will directly go to the government coffers.

(g) Transport Association. - Since association membership encourages
cooperation, single transport association shall be encouraged to enable it to
create self-policing among its members, to utilize the normative force of honor
and shame to compel members to behave in appropriate manner.

(h) Loading and Unioading Zones. - Ali vehicies, either public or private,
shall load or unload passengers in designated zones or stops.

@ No Garage, No Car. — No person shall be allowed to purchase or own a
car unless he can show proof that he has a legal parking space or garage to
prevent him to encroach on public spaces or sidewalks: and to use major roads
or streets as parking space.

@ Traffic Enforcers. - Traffic enforcers shali be endowed with police
powers and fully trained in traffic management and the enforcement of traffic
laws. The Highway Patrol Group of the Philippine National Police shall be
deputized to strictly enforce traffic laws.

(k) Car Pooiing. - Car pooling among ali empioyees in the government and
private sector shall be highly encouraged in order to mitigate tragic problems.
Not only does carpooling reduce fuel consumption, or prevent air pollution, it
saves money and reduces the number of vehicles plying on major routes,
especially on rush or peak hours, thus, diminish traffic congestion. Companies
promoting car-pooling shail be given incentives.

@ Roadside Parking. - Roadside parking shall be prohibited in major
roads and thoroughfares.

(m) Stations and Terminais. - The establishment and operation of station
and terminals shall be prohibited in major roads and thoroughfares. They
shall be situated in areas that will not cause traffic congestion. Existing
stations and terminals shall be reduced.

(n) Regulation of Passenger Jeepneys - The operation of passenger
jeepneys in major roads and thoroughfares shall be regulated by diverting


their routes in accordance with the convenience of the riding public.

(6) Taxes on Car Purchases - Taxcs on car purchases shall be increased to
curb excessive vehicle purchases. A limit on car ownership shall be
recommended. The tax percentage shall be studied by the Department of
Finance.

(p) Work from Home. - A work from home shali be promoted and
encouraged. Companies which have a well-developed work from home scheme
shall be given appropriate incentives.

(q) Prohibited Acts. It shall be prohibited to use of roads and streets as
playground, basketball court or stage and to establish a business or
commercial stalls that encroach sidewalks.

Sec. 5. Penalty - Violations of any provisions of this Act, except those
specifically provided, shall be provided in the Implementing Rules and Regulation
and determined in accordance with existing penal laws and upon discretion of the
Court.

Sec. 6. Exemptions For Emergency Vehicies. - The driver of any
emergency vehicle may, when expedient and safe to do so, pass a traffic control
signal; proceed contrary to the direction or instruction of any traffic contro} devices
or any part of a road or overtake or pass on either side of another vehicle; stop, leave
waiting or park the vehicle at any place at any time; or exceed the speed limits
prescribed under existing law.

Sec. 7. Implementing Rules and Regulations. The Department of
Transportation and its attached agencies, the Land Transportation Office and Land
Transportation Franchising, Regulatory Board, Metro Manila Development
Authority, in coordination with the league of provinces, cities and municipalities,
shall formulate and issue the implementing rules and regulations ninety (90) days
after the effectivity of this Act.

SEC. 8. Separability Clause. - If any provision of this Act is found to be
unconstitutional, the remainder of this Act shall remain valid and subsisting.

SEC. 9. Repealing Ciause. - Ali laws, decrees, executive orders, and rules
and regulations inconsistent with this Act are hereby repealed or modified
accordingly.


SEC. 10. Effectivity. — This Act shali take effect fifteen (15) days after its
publication in the Official Gazette or in any newspaper of general circulation.