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

18% Congress
{First Regular Session

House Bill No. 0565

Introduced by HON. RODRIGO A. ABELLANOSA

EXPLANATORY NOTE

The nation’s growing population means a growing number of commuters that travel
to and from different places daily. Mc.:y of them are workers and students who live
in far-flung areas that are unreachable by regular modes of public transportation -
four-wheeled vehicles. This creates an urgent need for the government to address
this basic need of providing safe and effective modes of transportation for its people.

Compound that with the country’s current traffic situation where commuters have
to spend twice, if not thrice, the reasonable number of hours on the road just to get
to and from home each day.

The use of motorcycles, being able to access otherwise inaccessible road networks
and filter through rows of stopped vehicles ov'th= road, offers a good alternative for
many commuters, hence, the rise of ‘motorcycics-for-hire’, more commonly known as
habal-habal.

‘This method of transportation, however, remains unregulated to date and the main
argument against such invokes the safety of the riders ‘and passengers. Despite
being illegal however, habal-habals continue to proliferate as riders find it a
promising source of livelihood while passengers <leem thai the convenience outweigh
the risks. For many who travel to the outer skirts of road networks, only the habal-
habal is the available mode of conveyance.

Such a situation calls for reconsideration of the government’s stand against the
practice. This bill proposes amendments to the Land ‘Transportation and Traffic Code
to finally allow the regulated use of this for" of public transportation as safety
concerns are addressed by operators and riders.

In view of the foregoing, passage of is Bill is earnestly sought.

RODRIGO A. ABELLANOSA


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

18% Congress
First Regular Session

House Bill No. — 0565

Introduced by HON. RODRIGO A. ABELLANOSA

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 shaif be known as the “Motorcycles-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 is hereby amended by adding a new
word which shall be defined as follows:

Beacon

“(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 (4) 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
(c) xx
(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.
aes

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
platforms accredited by the proper government agency under existing laws but the
said companies or platforms shall not disregard or encourage the violation of 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 and number 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 3 under
existing laws and agency regulations: Provided, That companies, or the officers or
directors thereof, providing 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, the determination on the number of
riders and weight of goods that can be carried, 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, designation of terminals, and other statutory and regulatory 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 at least two (2) national newspapers of general
circulation.

Approved,