Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

8517

House Bill No.

Introduced by Representative John Marvin “Yul Servo” C. Nieto

EXPLANATORY NOTE

This bill aims to deal with overloading of passengers in public utility vehicles in the
course of daily commuting.

Practically on a daily basis, overloading of passengers is more than a prevalent
occurrence on the road. Two basic consequences are noted. Firstly, passengers
experience extreme discomfort besides being more prone to theft and hold-up robbery
and other petty crimes. Moreover, in case of stressful driving conditions, such
passengers are likely to suffer injuries and even death. Secondly, excess passengers
compromise the roadworthiness of any given PUV. The excess load tends to impact the
vehicle’s mechanical integrity, thus potentially exposing everyone to danger. This holds
true in documented accidents with the inclusion of fatalities. Stated differently,
overloading is one social ailment leading to another that requires remedy.

In view of the foregoing, this humble representation submits that, in line with the
implementation of programs intended for substantial improvements in the public
transport system, the issue of overloading has to be resolved decisively, thus the
Proposed measure.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

‘SEVENTEENTH CONGRESS
Third Regular Session

House Bill No. 8517

Introduced by Representative John Marvin “Yul Servo” C. Nieto

—_—_—_—_—— eSeeSsSsSsSSSSSSSsSseseses

AN ACT
PROHIBITING OVERLOADING OF PASSENGERS IN PUBLIC UTILITY VEHICLES
(PUVs), IMPOSING PENALTIES FOR VIOLATION THEREOF, AND FOR OTHER
PURPOSES

SECTION 1. Declaration of Policy. - It is hereby declared the policy of the State to
resolve the matter of overloading, which is deemed a potentially perilous circumstance
in daily commuting.

SECTION 2. Definition of Terms. - Following terms shall be used in this Act:

a) “Public Utility Vehicle (PUV)” shall mean any land-based motor vehicle,
whether utilizing tires or rail-mounted, which is operated within the purview of a
common carrier as defined under Article 1732 of the Civil Code of the
Philippines, and shall include, but not limited to, passenger jeepneys, buses,
taxicabs, all-utility vehicles (AUVs) and sport-utility vehicles (SUVs) utilized as
passenger vehicles with specific routes, and tricycles covered by government
franchise, and regardless of size and passenger capacity.

b) “Overloading” shall mean the act of loading of passengers in excess of the
maximum capacity of any public utility vehicle regardless of the actual seats or
seating spaces provided therefor.

cc) “Passenger” shall mean any individual who engages the service of a public
utility vehicle in order to commute from one place to another regardless of age
or physical build.


SECTION 3. Prohibition against Overloading. - It shall be unlawful for any driver,
conductor, operator, owner, association, company or similar entity responsible for the
operation of a PUV to load passengers beyond the vehicle’s carrying capacity. In
ascertaining the act of overloading, the following factors shall be taken into
consideration:

a) The comparison of the actual passenger count with the actual number of seats or
intended seating spaces provided in the PUV; provided, that any seat occupied
by a child or an undersized individual, or any seating space occupied by an
oversized individual, and any remaining space that exclude further seating, if
another individual will not be fully and comfortably seated, shall be included in
the evaluation process.

b) The act of passengers standing, crouching or otherwise inappropriately
positioned at the entry and exit points of any PUY, including the act of occupying
any part of the PUV not intended for passenger accommodation; and

c) The actual number of passengers in a PUV in the event of a mishap resulting to
the death or bodily injuries of any of the passengers.

SECTION 4. Penalties. - Any person who violates the provisions of this Act shall be
penalized, as follows:

a) For the first offense, a fine of Ten Thousand Pesos (PhP 10,000.00), including
the suspension of the franchise of the PUV and the driver's license;

b) For the second offense, a fine of Thirty Thousand Pesos (PhP 30,000.00),
including the suspension of the franchise of the PUV and the driver's license;

c) For the third offense, a fine of Fifty Thousand Pesos (PhP 50,000.00),
including the revocation of the franchise and the driver's license


SECTION 5. Implementing Rules and Guidelines. - Within the period of ninety
(90) days after the effectivity of this Act, the Department of Transportation (DOTr),
through Land Transportation Franchising and Regulatory Board (LTFRB) and Land
Transportation Office (LTO), and Metro Manila Development Authority (MMDA), after
consultation with different public transport companies and the associations of operators
and drivers of PUVs, shall formulate rules and guidelines implementing the provisions
of this Act, which shall include the maximum passenger capacity posted prominently in
each PUV including the notice of a specific passenger limit.

SECTION 6. Nationwide Information Campaign by Government Agencies and
Public Transportation Associations. - The Department of Transportation (DOTr)
through the Land Transportation Franchising and Regulatory Board (LTFRB) and Land
Transportation Office (LTO), Metro Manila Development Authority (MMDA), and the
different public transport companies and the associations of public passenger jeepney,
taxicab and tricycle operators and drivers shall conduct a nationwide information and
communication campaign for a period of two (3) months after the Implementing Rules
and Regulations under Section 4 hereof have been issued.

SECTION 7. Liability Under Other Laws. - The foregoing penalties under this Act
shall be without prejudice to criminal or civil lial

ies under existing laws arising from
or on the occasion of the prohibited acts herein prescribed.

SECTION 8. Repealing Clause. - Any law, presidential decree, executive order,
administrative order or rule contrary to or inconsistent with this Act is hereby repealed,
amended or modified accordingly.

SECTION 9. Effectivity. - This Act shall take effect fifteen (15) after its publication in
the Official Gazette or in any newspaper of general circulation.

Approved,