Republic of the Philippines
HOUSE OF REPRESENTAT}
Queson City

SEVENTEENTH CONGRES:
First Regular Session

3116 |.

HOUSE BILL NO.

EXPLANATORY NOTE

The World Health Organization's (WHO) Global status report on road safely
2015, reflecting information from 180 countries, indicates that the worldwide total
number of road traffic deaths is around 1,25 million per year, with the highest road
traffic fatality rates in low-income countries

The WHO maintains that although road traffic injuries have been a leading
cause of mortality for many years, most traffic crashes are both predictable and
preventable. The Philippines has yet to tap its large potential to mitigate future
damage and save lives through proper study, regulation, management and
technology development in transportation

At present, there is no central statistical authority in the Philippines for
transportation related accidents from which safety policies can be easily formulated
For example, land transportation accident data is available in the Philippines but with
limited availability and obtainable from different sources

This legislation, inspired by the policy measure by Senator Grace Poe, is
submitted to create the National Transportation Safety Board (NTSB) in order to
highlight safety as a very important aspect of transportation. The NTSB is primarily
tasked to handle transportation safety studies that are needed for the formulation or
promulgation of safety improvement standards for the observance and
implementation by the concerned government agencies and/or private entities

‘As such, approval of this measure is earnestly sought

bh yo

Luis/RAYMUND “| \Y” F. VILLAFUERTE, JR.


Republic of the Dbitippines
HOUSE OF REPRESENTATIVES.
Queson City

SEVENTEENTH CONGRESS
First Regular Session

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HOUSE BILL NO.” \ I 7

AN ACT PROMOTING COST-EFFECTIVE MEASURES FOR THE TRANSPORT
SECTOR AND COMMUTING PUBLIC, PROVIDING FOR THE CREATION OF A
NATIONAL TRANSPORTATION SAFETY BOARD, PRESCRIBING ITS POWERS
AND FUNCTIONS, AND APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Title - This Act shall be known as the "National Transportation
Safety Advisory Council of 2016.”

SECTION 2. Declaration of Policy. ~ It is hereby declared the policy of the
State to promote safety in the transportation of people and goods through cost-
effective measures that either prevent, remedy or mitigate accidents involving any
mode of transport, including pipelines and conveyors. Towards this end, the
Government shall

(a) Support safety programs based on continuing and objective reviews of
causes or reasons for unsafe acts and conditions; and

(b) Appraise and assess operating practices and regulations of government
agencies involved in the transportation sector, insofar as they affect safety,
and where appropriate, shall initiate, coordinate, formulate or promulgate
safety improvement standards for the observance and implementation by
the concerned government agencies and/or private entities

SECTION 3. Creation of the National Transportation Safety Board. —
Pursuant to the foregoing policy, there is hereby created a National Transportation
Safety Board, hereinafter referred to as the “Board’, which shall be attached to the
Department of Transportation


SECTION 4. Composition and Organization. —

(a) The Board shall be composed of seven (7) full-time Members, headed by
a Chairman, who shall be appointed by the President of the Philippines. A
Member of the Board must be a natural born citizen at the time of his/her
appointment, and must have at least three (3) years of actual experience
in the administration, operation and management of a transport utility firm
or regulatory agency in either air, land, sea or rail transportation and
knowledgeable in accident reconstruction, safety engineering or
transportation and traffic safety: Provided, That three (3) of the full-time
members must come from the commuting public, including a
representative from organizations advocating for road safety.

(b) The Chairman shall have a term of five (5) years but may be renewed for a
non- extendible period of one (1) year: Provided, That the term of the initial
appointees shall be staggered such that the Chairman shall hold office for
a term of five (5) years; the next three (3) members for three (3) years and
the other three (3) members for two (2) years

(c) Upon the expiration of their respective terms, they shall continue to serve
until their successor shall have been appointed and qualified. In case a
member fails to complete his term, his successor shall only serve the
unexpired portion of the term of his predecessor.

(d) A member may be removed from office by the President for cause in
accordance with the Civil Service rules and regulations.

(e) The Chairman shall be the Chief Executive Officer of the Board. He shall
exercise all the powers and discharge all functions of the Board. He shall
have control over all personnel employed by the Board, including, the
following:

1, The appointment and supervision of personnel employed by the Board;

2, The distribution of business among such personnel and among
administrative units of the Board; and

3, The use and expenditure of its funds.
(f) The Board shall establish and maintain distinct appropriately staffed

bureaus, division, or offices, to investigate and report on accidents

involving each of the following modes of transportation:

1. Aviation;

2. Highway and motor vehicle;

3. Pipeline, railroad, and tracked vehicle; and


4, Marine transport carriers

(g) The Board shall, in addition, establish and maintain such capabilities as
may be needed to investigate and report on the safe transportation of
hazardous and toxic materials

SECTION 5. The Executive Director. —

(a) The Board shall have an Executive Director who shall be appointed by the
Chairman

(b) No person shall be appointed Executive Director unless he is at least thirty
five (35) years of age at the time of his/her appointment, a Member of the
Philippine bar, and has practiced his/her profession for at least ten (10)
years prior to the date of his/her appointment. He/she must not have been
a candidate for any elective position in the elections immediately
preceding his/her appointment

(c) The Executive Director shall

1. Be responsible for running the day to day operations of the Board;

2. Act as the custodian of the records, maps, profiles, reports, and other
documents and papers filed in connection with any case or
proceedings before the Board;

3. Be responsible for the effective implementation of the policies, rules,
and directives promulgated by the Board; and

4, Coordinate and supervise the activities of the different operating units
of the Board and shall perform such other functions as may be
assigned to him/her by the Chairman and/or the Board

SECTION 6. Compensation. —

(a) The Chairman and the Members of the Board shall have the rank of a
Department Undersecretary and Assistant Secretary, respectively. They
shall receive the compensation and other emoluments corresponding to
those of a Department Undersecretary and Assistant Secretary,
respectively

(b) The Executive Director shall have the rank of Assistant Secretary and shall
be entitled to compensation and other emoluments corresponding to those
of an Assistant Secretary


(c) The Chairman, The Members of the Board, and the Executive Director
shall be entitled to commutable representation and_ transportation
allowances per month in the amount not exceeding the monthly salary of
the lowest-paid regular employee of the Board

(d) The Board shall determine the schedule of salaries of the employees
subject to the compliance with the existing compensation law: Provided,
That the Board shall determine and fix the compensation and fringe
benefits of employees holding technical positions that are not common to
the agencies of the government which shall be specified in the
implementing Rules and Regulations

SECTION 7. Duties and Powers of the Board. — The Board shall.

(a) Initiate and conduct studies on matters pertaining to safety in
transportation and avoiding injury to persons and damage to property;

(b) Gather, analyse, maintain, and publish from time to time data and statistics
on transportation accidents;

(c) Prescribe requirements for persons and institutions regarding data
gathering, reporting, the preservation, proper handling, conservation, and
protection of evidence, records, files, and/or specimens related to any
accident;

(d) Issue periodic reports to Congress, the President, and to make it available
to government agencies and instrumentalities, and non-government
organizations concerned with transportation safety upon request, including
owners of public transportation carriers who may be concerned with the
findings of the Board and to interested persons. Such reports shall contain
proposals for corrective measures to make the transportation of persons
as safe and free from the risk of injury as possible, including steps to
minimize human injuries from transportation accident: Provided, the said
reports shall be made public within sixty (60) days from its submission to
the Congress or to the president, as the case may be.

(e) The Board may require and shall be furnished a copy of reports by the
officials concerned on any transportation related accident. The Board may
order, if necessary, the autopsy, or require other tests of such persons as
may be needed for the investigation of the accident;

(f) The Board may call assistance of, and use any available services,
equipment, facilities, of the Department of Justice (DOJ), Department of
Transporation (DOTC), Philippine Coast Guard (PCG), Department of
National Defense (DND), Department of Public Works and Highways
(DPWH), Philippine National Police (PNP), and other agencies and
instrumentalities of the government;


(g) The Board may enter into such contract, leases, agreements and other
transactions as may be necessary in the conduct of its functions and
duties;

(h) The Board may create advisory committees composed of qualified private
citizens and government officials with whom the Board may consult in the
implementation of its functions and duties, and to pay honoraria of these
persons for meetings actually attended. Whenever necessary, the Board
may likewise appoint or retain the services of recognized experts as
consultants on the accidents under investigation, Such consultants shall
be paid compensation as fixed by the Board: Provided, That not more than
three (3) consultants shall be appointed for each accident being
investigated: Provided, further, That no officer, external auditor, or legal
counsel of any investigated: Provided, further, That no officer, external
auditor, or legal counsel of any private company or enterprise primarily
engaged in the transportation industry shall be eligible for appointment as
a consultant of the Board within three (3) years from his retirement,
resignation, or separation therefrom;

(i) Appoint advisory committees composed of qualified private citizens and
officials of the national government and LGUs as appropriate;

() Any law to the contrary notwithstanding, accept voluntary and
uncompensated services:

(k) Accept donations and gifts of money and other property;

(I) Enter into contacts with non-profit entities to carry out studies related to
the duties and powers of the Board for its operating expenses;

(m)The Chairman of the Board may determine the number of committees that
are appropriate to maintain effective liaison with other departments,
agencies and instrumentalities of the national government and LGUs, non-
government organizations, and independent standard-setting authorities
that carry out program and activities related to transportation safety. The
Board shall designate representative to serve in the committees;

(n) The Board or any officer, or employee designated by the Chairman, may
conduct an inquiry to obtain information related to transportation safety;
and

(0) The Board, or its designated officer or employee, may require by order, a
department, agency, or instrumentality of the national government, LGU,
or a person, natural or juridical, which transports persons or goods, to
submit to the Board a written report and answers to request and questions
pursuant to the powers of the Board under this Act. The Board shall
prescribe the time within which the reports and the answers thereto must
be submitted to its designated officer or employee. Copies of the report


and the answers thereto shall be made public within sixty (60) days from
submission to the Board

SECTION 9. Relationship with Other Government Agencies. —

(a) Nothing in this Act shall deprive other government agencies from
performing their intrinsic functions, including the investigation of accidents
or making inquiries thereon, when those functions exist prior to the
effectivity of this Act’ Provided, That the Board, at its discretion, may
require the submission of the records, findings, and recommendations of
the investigation or inquiry

(b) The PNP or any other law enforcement agency shall continue to
investigate and record accidents involving motor vehicles and/or
pedestrians. For this purpose, the Board shall prescribe a uniform and
standard operating system for investigation of such accidents, which shall
be mandatory on the part of the investigating body or person;

(c) The Board may require the submission of the records, findings, and/or
recommendations of previous accidents and/or investigations of such
accidents, from any government agency, For this purpose, the agency
concerned shall transmit to the Board, within fifteen (15) days from receipt
thereof, said records, findings, and/or recommendations; and

(d) In the exercise of its powers, the Board shall take into consideration the
provisions of any treaty entered into by the Republic of the Philippines with
other countries relative to the investigation of accidents over which the
Board assumed jurisdiction

SECTION 10. Disclosure, Availability, and Use of Information.

(a) Except as provided in this section, any copy of record, information or
report of investigation submitted to the Board shall be made available to
the public upon request and at reasonable cost;

(b) The Board shall not make the records available for purpose other than
accident or incident investigation, unless the appropriate authority for the
administration of justice determines that their disclosure outweighs the
adverse domestic and international impact;

(c) The Board shall not disclose any information related to a trade secret
except,

1. To another department, agency, or instrumentality of the national
government, when requested for official use;

2. To a committee of Congress having jurisdiction over the subject matter
to which the investigation is related, when requested by that
committee;


3. In a judicial proceeding under a court order that preserves the
confidentially of the information without impairing the proceeding; and

4. To the public: Provided, That such disclosure shall be for the protection
of public health and safety: Provided, further, that the information so
disclosed will not be detrimental to public health and safety: Provided
finally, that the disclosure shall be made in a manner designed to
protect and preserve its confidentiality;

(d) The Board shall not publicly disclose any part of a cockpit voice recording
or transcript of oral communications by and between flight crew Members
and ground station related to an accident or incident investigated by the
Board: Provided, That the Board shall make public any part of transcript
the Board decides is relevant to the said accident or incident

1. When the Board holds a public hearing on the accident or incident; or

2. When the Board makes public its findings relative to the said accident
or incident

(e) Any law to the contrary notwithstanding, the head of the concerned agency
shall, upon order or written request by the Board, provide the following
information to the board:

1. Any report or a confirmed positive toxicological test, verified as positive
by the medico-legal officer of the National Bureau of Investigation
(NBI), conducted on an officer or employee of the concerned agency
under post-accident, unsafe practice, or reasonable toxicological
requirements of the concerned with the circumstances of an accident
or incident under the investigative jurisdiction of the Board; and

2. Any laboratory record documenting that the test is confirmed as
positive

(f) Except as provided in Section 10 (b) of this Act, the Board shall maintain
the confidentiality of, and exempt from disclosure:

1. Laboratory records provided to the board shall maintain the
confidentiality of, and exempt from disclosure; and

2. Medical information related to the test or a review of the test voluntarily
provided to the Board by the tested officer or employee.

(g) The Board may use a laboratory record made available to it under this Act
to develop an evidentiary record in its investigation of an accident or
incident if


1. The fitness of the tested officer or employee is at issue in the
investigation; and

2. The use of that record is necessary to develop the evidentiary record

SECTION 11. Appropriations. - The sum of Fifty Million Pesos (P
50,000,000.00) is hereby appropriated out of any funds in the National Treasury not
otherwise appropriated, for the initial organization and operations of the Board.
Thereafter, such sums, as may be necessary for the operations of the Board, shall
be included in the annual General Appropriations Act.

SECTION 12. Annual Report. ~ The Board shall submit to the President and
Congress an annual report at the end of every calendar year containing, among
others:

(a) Statistical and analytical information of accident or incident investigations

conducted and reviewed by the Board during the preceding year;

(b) A survey and summary of the recommendations made by the Board to
reduce the likelihood of the recurrence of those accidents, together with
the observed response to each recommendation; and

(c) The uses of, disbursement from, and receipt to the Fund created in
accordance with this Act.

SECTION 13. Implementing Rules and Regulations. — Within sixty (60)
days from the effectivity of this Act, the Board, in consultation with the DOJ, DOTC,
PCG, DND, DPWH, PNP, and NBI, shall promulgate the implementing Rules and
Regulations (IRR) for the effective implementation of this Act. The IRR shall provide
procedures geared towards streamlined processes and swift justice by observing
timeline or deadline in rendering decisions and issuances, plain writing or easy-to-
understand instructions, and over-all improvement of the industry.

SECTION 14. Separability Clause. — If, for any reason, any provisions of this
Act is declared invalid or unconstitutional, the other part or parts thereof which are
not affected thereby shall continue to be in full force and effect.

SECTION 15. Repealing Clause. — All laws, decrees, executive orders,
issuances, or rules and regulations, or portions thereof, that are inconsistent with this
Act or any provision or provisions, thereof, are repealed or modified accordingly

SECTION 16. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in two (2) newspapers of general circulation

Approved,