F REPRED

62
&

Republic of the Philippines } RECEIVED
HOUSE OF REPRESENTATIVES ure. YUL 17 2019
Quezon City TIME
EIGHTEENTH CONGRESS
First Regular Session

House Bill No._ 2219

Introduced by Rep. ANGELO MARCOS BARBA
24 District, Ilocos Norte

EXPLANATORY NOTE

This Bill aims to provide safe and efficient alternative mode of public
transport by allowing and regulating the use of motorcycles-for-hire as public
utility.

“Habal-Habal” and Motorcycle ride-sharing services are commonly
accepted as a means of public transportation in rural and metropolitan areas.
However, these motorcycles-for-hire are not registered as such. Their business
operations are considered illegal and are not covered by any kind of insurance.

This bill will require operators of motorcycles-for-hire insurance
coverage for the driver, rider and third party. This bill will also mandate the
Department of Transportation (DOTr) and the Land Transportation
Franchising and Regulatory Board (LTFRB) to coordinate with local
government units to prescribe the routes and require the establishment of
terminals.

Regulating the business operation of motorcycle-for-hire will protect
the operator and the riding public. Hence, operators of
motorcycles-for-hire are eventually given the authority to register their motor
vehicle as public transport and are obliged to be governed by the law on

common carrier.
This measure has had its success in the last Congress, having been

approved on third and final reading. It is prayed that in the 18t Congress this
measure be finally approved and enacted into law.

In view of the foregoing, passage of this bill is earnestly ra
ANG! COS BARBA


wero

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session
2219

House Bill No.

Introduced by Rep. ANGELO MARCOS BARBA
2n4 District, locos Norte

AN ACT
ALLOWING AND REGULATING THE USE OF MOTORCYCLES AS
PUBLIC UTILITY VEHICLES, AMENDING FOR THIS PURPOSE
REPUBLIC ACT NO. 4136 OTHERWISE KNOWN AS THE LAND
‘TRANSPORTATION AND TRAFFIC CODE, AND FOR OTHER.
PURPOSES

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

SECTION 1. Title. - This Act shall be known as the
“Motoreycles-for-Hire Act.”

SEC. 2. Declaration of Policy. — It is the policy of the State to render
basic services to the people and promote their safety and general welfare.
Toward this end, the use of motorcycles as an alternative mode of public
transportation is hereby allowed and regulated in recognition of the need to
provide convenience and ease of commute in urban and rural areas while
ensuring public safety and the efficiency of the transportation system as a
whole.

SEC. 3. — Section 3 of Republic Act No. 4136 or the Land
Transportation and Traffic Code is hereby amended by adding a new word
which shall be defined as follows:

“N) MOTORCYCLES-FOR-HIRE - ANY

TWO-WHEELED MOTOR VEHICLE THAT MAY BE

REGISTERED WITH THE LAND TRANSPORTATION

OFFICE AS FOR HIRE AND MAY BE USED AS

COMMERCIAL VEHICLES TO TRANSPORT

PASSENGERS AND GOODS: PROVIDED, THAT FOR


28
29
30
31
32
33
34

TRANSPORTING PASSENGERS, THE MOTORCYCLES
SHALL HAVE A MINIMUM ENGINE DISPLACEMENT
OF 125 CUBIC CENTIMETERS AND A BACKBONE-TYPE
BUILT.”
SEC. 4. - Section 7 (d) of Republic Act No. 4136 is hereby amended to
read as follows:
“Section 7. Registration Classification. - Every motor vehicle
shall be registered under one of the following described
classifications:
(a) xxx
(b) xxx
(©) xxx
(d) Public utility automobiles; e) public utility trucks; (f)
taxis and auto-calesas; (g) garage automobiles; (h)
garage trucks; (i) hire trucks; [and] (j) trucks owned by
contractors and customs brokers and customs
agents[.]; AND (K) MOTORCYCLES-FOR-HIRE.
Application for registration under these classifications
shall be accompanied by a certificate of public
convenience or a special permit issued by the LAND
TRANSPORTATION FRANCHISING AND
REGULATORY BOARD [Public Service
Commission], and motor vehicles registered under
these classifications shall be subject to the Public
Service Law, rules and regulations, as well as the
provisions of this Act.
=s
SEC. 5. Roadworthiness of Motorcycles-for-hire. The Land
Transportation Office (LTO) shall ensure the roadworthiness of
motorcycles-for-hire before registration or renewal of registration. To further
ensure safety, no modification shall be made on motorcycles-for-hire, except
the installation, based on safe engineering design specifications, of motorcycle
luggage carrier, saddlebag, step board or foot peg and appropriate speed
limiter and monitoring device.


10
1
2
2B

15
16

19
20
a
2
23
24
25
26
7
28
29
30
31
32
33

SEC. 6. Issuance of Driver's License. Pursuant to Section 23-A of the
Land Transportation and Traffic Code, as amended by Republic Act No. 10930,
the LTO shall promulgate the necessary prerequisites and guidelines for the
issuance of licenses to the driver-applicants, including the theoretical and
practical examinations appropriate for motorcycles-for-hire. The LTO shall
also ensure the continuous safety training of licensed drivers of
motorcycles-for-hire.

SEC. 7. Fare Setting. The Land Transportation Franchising and
Regulatory Board (LTFRB) shall determine, prescribe, approve and
periodically review and adjust, reasonable fares, rates and other related
charges for the operation of motorcycles-for-hire. The LTFRB may allow
motorcycles-for-hire to choose and use online ride-hailing or pre-arranged
transportation platforms, accredited by the proper government agency under
existing laws, but the said companies or platforms shall comply with this Act
and other regulations on motorcycles-for-hire, including fare setting.

SEC. 8. Prescribing of Routes. In prescribing routes, the Department
of Transportation (DOTr) and the LTFRB shall give priority to higher-capacity
vehicles or mass transit systems in accordance with route rationalization
studies. Motorcycles-for-hire may be allowed to operate for a limited period,
with limited number of units and in specific routes only, as may be
determined by DOTr and the LTFRB, in coordination with concerned local
government units.

SEC. 9. Penalties — The operation of motorcycles-for-hire in violation
of this Act shall be penalized pursuant to the violations and fines and penalties
provided under existing laws and agency regulations: Provided, That
companies, or the officers or directors thereof, providing online ride-hailing or
pre-arranged transportation platforms involving motorcycles without a valid
franchise, shall have solidary liability and shall be penalized accordingly.

SEC. 10. Implementing Rules and Regulations. The DOTr, LTO and
LTFRB, in collaboration with the MMDA, Department of Interior and Local
Government, Philippine National Police-Highway Patrol Group, Department
of Health and other agencies and stakeholders, shall promulgate the necessary
implementing rules and regulations (IRR) within sixty (60) days from the
effectivity of this Act.


The IRR shall include, among others, limitation on the number of
riders and the weight or load capacity that can be carried as certified safe by
manufacturers, with the requirement that such limitations must be indicated
on the motorcycles; the applicable speed limits; the road safety and traffic
laws and regulations that need to be complied with; the necessary insurance
policy covering the driver, rider and third party, including extent of liabilities;
the designation of terminals; and other requirements for the safety, security
and health of the driver and rider.

SEC. 11. Separability Clause. - If, for any reason, any part or
provision of this Act is declared invalid, such declaration shall not affect other
provisions of this Act.

SEC. 12. Repealing Clause. - Any law, presidential decree or issuance,
executive order, administrative order, rule or regulation contrary to, or
inconsistent with the provisions of this Act is hereby repealed, modified or
amended accordingly.

SEC. 13. Effectivity. — This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in a national newspaper of general
circulation.

Approved,