EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez
4571

House Bill No.
EXPLANATORY NOTE

Section 7(a) of Republic Act No. 4136 provides:
Section 7. Registration Classification. - Every motor vehicle shall
be registered under one of the following described classifications:

(a) private passenger automobiles; (b) private trucks; and (c)
private motorcycles, scooters, or motor wheel attachments. Motor
vehicles registered under these classifications shall not be used
for hire under any circumstances and shall not be used to solicit,
accept, or be used to transport passengers or freight for pay.

XXX XXX XXX
The law thus prohibits the use of private motorcycles for public transport.

However, with the worsening traffic situation in the country, more and more people are
tuming to motorcycles-for-hire, more commonly known as habal-habal or angkas. Habal-
habal or angkas is being considered as an alternative to other modes of public
transportation because some see it as the most convenient and cheapest means of
transportation. This despite the lack of a law authorizing this mode of public transportation
and the lack of regulations over it

This proposed amendment to Republic Act No. 4136 solve the existing inadequacies in our
laws and shall promote the safety and welfare of people who patronage motorcycles-for-hire
known as habal-habal or angkas. Any two-wheeled motor vehicle known as motorcycles-for-
hire may be registered with the Land Transportation Office (LTO) as for hire and may be
used as a commercial vehicle to transport passengers and goods. Application for
registration under this classification shall be accompanied by certificate of public
convenience or a special permit issued by the Land Transportation Franchising and
Regulatory Board (LTFRB). This will ensure that operators and drivers will be held
responsible for the negligent operation of their motorcycles. The same will likewise prevent
abuse from owners, operators and drivers, thus ensuring low-cost transportation.

In view of the foregoing, immediate approval of this measure is earnestly requested.

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EIGHTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES }
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriquez

House Bill No, 4571

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 House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Title. — This Act shall be known as the "Motorcycles-for-Hire Act".

SEC 2. Declaration of Policy. — It is the policy of the Senate to render basic services to the
people and promote their safety and general welfare. Toward this end, the use of
motorcycles as an altemative 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:
XXX

“(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 A
COMMERCIAL VEHICLE TO TRANSPORT PASSENGERS AND GOODS:
PROVIDED, THAT, FOR TRANSPORTING PASSENGERS, THE
MOTORCYCLE 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:
“Sec. 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,
ules and regulations, as well as the provisions of this Act.


2x

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,

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 companied 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, 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 concemed 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 following its publication in at
least two (2) national newspapers of general circulation

Approved,