Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

HOUSE BILL No.8783

Introduced by REP. BAYANI F. FERNANDO.

EXPLANATORY NOTE

A safe, economical, environmentally-sustainable, and accessible road system is a basic
infrastructure which is vital for the efficient transport of people and goods in the Philippines. For
this reason, it is imperative that the roads in the country be developed and used to effectively
perform their dual functions of facilitating travel mobility and providing access to property.

Ithas been observed, however, that some roads in the country have not been built or utilized
according to standards suited to their desired functions and traffic characteristics. In many cases,
the carrying capacities of the roads have been significantly diminished by improper uses and erratic
movements of vehicles and pedestrians. Indiscriminate parking and loading and unloading by
vehicles on the roads are common examples. These and other inappropriate uses of roads retard or
obstruct the normal flow of traffic, which unnecessarily increase transport costs and travel time of
the road users, This is illustrated by the huge losses to the national economy, running into several
billions of pesos daily in Metropolitan Manila alone, according to expert studies, due to severe
congestion, which is attributed not only to the lack of more efficient transport modes, but also to
the sub-optimal use of other major thoroughfares. The country has its biggest investments on these
toads. Improper uses of roads also pose a great risk to public safety through accidents due to
conflicts involving vehicles and pedestrians.

This bill, therefore, seeks to define the basic policies, standards, and rules for proper,
disciplined, safe, and productive use of all roads, Government and private, in order to efficiently
serve the essential role for which the roads are built - that is, to move people and goods and create
wholesome and inclusive socio-economic gains for the country. This measure also aims to provide
a common or uniform set of norms and regulations on road utilization applicable nationwide, for
easy and consistent reference by all road users, as well as implementing entities and enforcement
agencies.

In view of the above premises, the prompt approval of this measure is earnestly sought and
recommended.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

HOUSE BILL No. 8763

Introduced by REPRES!

‘ATIVE BAYANI F. FERNANDO

AN ACT
REGULATING THE USE OF ROADS FOR SAFE, FAST AND ECONOMIC
TRANSPORT

SECTION 1. Short Title. — This Act shall be known as “The Road Use Act of 2019.”

SEC. 2. Declaration of Policy. — \t is the policy of the State to establish a system of roads
in the Philippines that shall be secure, efficient, economical, environment-friendly, and accessible,
thereby supporting the goal of inclusive social and economic development of the country. Towards
this end, through this Act, the Government shall lay down clear and uniform guidelines, standards
and rules for the optimal provision, management and use of the roads system of the country to
effectively bring about safe, fast, convenient, and affordable transport of people and goods that
will promote public interest. To achieve transparency and accountability, the Government shall
also clearly define, through this Act, the functions and responsibilities of the National and Local
Government Agencies and private entities concerned with the design, construction, maintenance,
operation, use, management, control, and regulation of the roads system.

SEC. 3. Definition of Terms.
3.1 ~ As used in this Act, the following terms shall have the meanings as defined:

a. Road — is a general term denoting a facility used for travel by motor vehicles. A road
consists of the travelway and all other structures and areas within the road right-of-way.
The term road is synonymous with highway or street.

b. Road Right-of-Way ~ is the entire area comprising a road. The term road right-of-way
includes the travelway for the movement of motor vehicles, as well as all associated
structures, such as shoulders, sidewalks, curbs, gutters, loading and unloading zones,
longitudinal and cross drainage, parking areas, overpasses, underpasses, flyovers,
interchanges, rotundas/roundabouts, parks, utilities, traffic signals, lights, signage, road
safety devices, road embankment, slope protection, islands, medians, pedestrian
crossings, bus/vehicle stops, passenger waiting sheds, trees and other vegetation, and
other related facilities within the defined limits of the right-of-way, for use of vehicles
and pedestrians.


°

a

°

_

=

Carriageway — is the portion of a road consisting of the travelway and shoulders, for use
of motor vehicles.

Travelway — is the main portion of a road for the movement or passage of motor vehicles,
exclusive of shoulders, sidewalks, curbs and gutters, and medians. The term travelway
includes bridges, viaducts, tunnels, and similar vehicle passageways therein.

Shoulder — is the portion of a road contiguous with the travelway, which serves as a safety
provision for wayward vehicles, for emergency use or occasional stops of motor vehicles,
and for structural lateral support of the travelway base and surface courses.

Sidewalk ~ is the portion of a road contiguous with the travelway for use of pedestrians.

Government Road — is a road that is financed, owned and maintained by the Government
through a National Government Agency, principally the DPWH, or National
Government Corporation or Local Government Unit (LGU) and is designed and built for
public use

.. Private Road is a road that is owned and maintained by a private individual or entity.

A private road is primarily intended to provide its private owners and their guest access
to their property and does not necessarily form part of a link to external roads. The most
common types of private roads are residential or subdivision roads maintained by
homeowners’ associations

Public-Use Road ~ is a road that is openly, continuously, and customarily used, with no
restrictions, by the public, and/or that serves multiple property owners, settlers, housing
sites, road users, and beneficiaries for an extended period, regardless of the ownership of
the road. Thus, a private road, although owned by a private entity, becomes a public-use
road if it fits the definition stated in the first sentence of this Section 3.1i. A Government
road is inherently a public-use road.

Motor Vehicle — is any conveyance propelled or drawn by any power, including
mechanical or electrical, other than human or animal power, and used on a road to
transport passengers or goods. The term motor vehicle includes, but is not limited to,
motorcycle, car, taxi, jeepney, utility van, bus, truck, and similar conveyances, among
others.

. Pedestrian — is a person who is travelling on foot on a road, whether walking or running

The term pedestrian also includes a person with disability who is moving on a road in a
wheelchair or similar conveyance

Parking ~ is the act of bringing a motor vehicle, whether occupied or not, to a stop and
making it inactive for an appreciable period. A motor vehicle that occasionally or
momentarily stops on a roadway, merely to discharge passengers or to take in waiting
passengers within ten (10) steps from the vehicle but not more than a time of ten (10)
seconds, or to load or unload a small quantity of goods within ten (10) seconds, shall not
be considered as parked, if the vehicle again moves away without delay.

. Stopping — is any cessation of movement on a road of a motor vehicle, whether occupied

or not, with the driver in control, except where necessary to avoid conflict with other
traffic or when in compliance with the direction of a traffic officer or official traffic
control device or signal. The term stopping includes standing/waiting as defined below.

3


|. Standing/Waiting ~ is a form of stopping by a motor vehicle, where the vehicle remains
stationary, with its engine running and the driver in control.

. Obstruction — is the act of operating, stopping, standing/waiting, or loading/unloading by
a motor vehicle on any part of a road in such a manner as to block that part of the road,
prevent or disturb the normal flow of traffic, and impede the free and clear passage of
other motor vehicles or pedestrians, with the act done either willfully or when the driver
of the motor vehicle is able to avoid doing so by ordinary care.

Nose-in/nose-out — is the movement or maneuver of a motor vehicle (a) which exits a
travelway and enters into an abutting property, such as a bus terminal or parking area,
with the front-end or nose of the vehicle entering the property first; and (b) which exits
the abutting property and moves into the travelway, with the front-end or nose of the
vehicle entering the travelway first. The nose-in/nose-out movement shall be in the same
direction as the allowable flow of vehicles on the travelway

Design Speed — is the speed of motor vehicles determined for the engineering design and
correlation of the physical features of a road that influence vehicle operation. It is the
maximum safe vehicle speed that can be maintained over a specific section of the road
when conditions are so favorable that the design features of the road govern. The choice
of the design speed is influenced principally by the character of the terrain, the extent of
man-made features, road safety criteria, and economic considerations. Once selected, the
design speed sets the limits for curvature, sight distance and other geometric features to
be considered in the design of the road. The national standards for the design speed shall
be set by the Department of Public Works and Highways (DPWH).

Allowable Speed Limit — is the maximum speed that motor vehicles are legally permitted
to travel on a specific road, as set by the concemed traffic management and control
authority through an appropriate ordinance or other legal issuance, considering the
functions, design, and actual conditions of the road, the characteristics, volume and mix
of vehicular and pedestrian traffic thereon, the requirements for road safety, and the kind
of land uses in the area. The allowable speed is usually lower than the design speed as
defined above.

Traffic Rules — are the overall standards, principles, and instructions, at the policy level,
that mandate, control and restrict actions concerning traffic on roads in the Philippines,
in accordance with the provisions of this Act. Under this Act, traffic rules shall be
prescribed by the DOTr through Department Orders.

Traffic Regulations — are the specific orders, procedures and requirements, at the end-
user level, that implement the national traffic rules prescribed by the DOTr, pursuant to
the provisions of this Act. Under this Act, traffic regulations shall be established and
enforced by the concerned traffic management and control entities, primarily the LGUs,
the MMDA, the HPG, and the concessionaires, through their respective ordinances or
other legal statutes.

Traffic Supervision — is the exercise of oversight on the traffic management and control
performed by the traffic management and control entities concerned vis-a-vis the
approved national traffic rules issued by the DOTr. This includes visitorial powers,
monitoring, identifying deviations from rules, and instructions for corrective actions.
Traffic supervision is undertaken by the DOTr, through its Land Transportation Office

4


(LTO) and Land Transportation Franchising and Regulatory Board (LTFRB), the
Metropolitan Manila Development Authority (MMDA), or through their duly delegated
or deputized LGUs and private developers/ homeowners’ associations. In the case of toll
expressways, traffic supervision is performed by the Toll Regulatory Board (TRB).

Traffic Management and Control — is the power to direct and guide the movement of
vehicles and pedestrians on the roads - including the operation of traffic signals and
devices - and to enforce traffic regulations, in accordance with approved national traffic
rules set by the Department of Transportation (DOTr) and other provisions of this Act.
‘Traffic management and control shall be undertaken by the concerned LGUs and the
MMDA or their duly delegated or deputized Government or private entities, such as the
Highway Patrol Group (HPG), private developers and homeowners’ associations. In the
case of toll expressways, traffic management and control shall be undertaken by the
authorized concessionaire.

<

3.2 — The following acronyms and abbreviations used in this Act shall have the meanings as
indicated,

BG ~ Barangay Government
. CG City Government
DA ~ Department of Agriculture
DILG — Department of Interior and Local Government
DOT — Department of Tourism
DOTr ~ Department of Transportation
DPWH ~ Department of Public Works and Highways
DTI — Department of Trade and Industry
HLURB — Housing and Land Use Regulatory Board
HPG ~ Highway Patrol Group of the Philippine National Police
kph ~ kilometers per hour
LGU — Local Government Unit
. LTFRB — Land Transportation Franchising and Regulatory Board
LTO - Land Transportation Office
MG — Municipal Government
MMDA ~ Metropolitan Manila Development Authority
NEDA — National Economic and Development Authority
NGA ~ National Government Agency
NGO — Non-Government Organization
PG — Provincial Government
‘TRB — Toll Regulatory Board

ere nevos gore nse me ae ge

SEC. 4. General Principles.

4.1 — The planning and design of all roads in the country, covering both Government roads
and private roads, shall conform to the approved national, regional and local development
plans and zoning ordinances, be harmonized with the provisions of the National Building
Code of the Philippines, as amended, and be consistent with the rules of the Housing and
Land Use Regulatory Board (HLURB).

4.2 — Roads shall be designed and used to achieve the optimum blend of mobility and
accessibility of the road users. Mobility shall be measured in terms of the ability of the traffic
to pass through a defined area within a reasonable amount of time, as indicated by (a)
operating speed, (b) level of service, (c) riding comfort, and related indices. Accessibility

5


shall be measured in terms of the capability of the roads to provide access to and between
land uses and communities within a defined area. In all cases, road safety shall be emphasized
in the design and use of roads to avoid accidents. The design and use of roads shall also be
economical and environment-friendly.

4.3 ~ To achieve consistency in the functionality and quality of the road network across the
Philippines, the design, construction, and maintenance of all public-use roads in the country
- which include both Government roads and private roads - shall adhere to the common
national technical and performance standards prescribed by the Department of Public Works
and Highways (DPWH).

4.4— To attain uniformity in the management and regulation of the use of roads across the
Philippines, the movement by motor vehicles and pedestrians of all public-use roads in the
Philippines shall conform to the common national traffic rules prescribed by the Department
of Transportation (DOTr). These traffic rules shall be standard and uniform throughout the
country so that motorists can easily follow and adopt them for safety to life and property, for
comfort and ease in traveling, and so that motorists can be free of regulatory discretion and
harassment leading to corruption and general disorder.

4.5 — To provide for proper accountability in road development and use, the Local
Government Units (LGUs) concerned shall be responsible for the design, construction,
maintenance, use, management and control, including traffic regulations, for Local Roads in
their respective administrative jurisdictions, subject to compliance with the national
standards and rules established by the DPWH and the DOTr. The LGUs concerned shall
enact the appropriate ordinances to implement and enforce these responsibilities

4.6 - To provide for transparency and public participation, before any ordinance on road use
is enacted by an LGU, the LGU shall duly consult the road users, residents, and other
stakeholders affected.

4.7 ~ To ensure that public-use roads efficiently serve their function of facilitating the
movement of motor vehicles and pedestrians, uses and activities that are not directly related
to this road function shall be prohibited within the whole road right-of-way.

4.8 — To optimize the use of the roads for the movement of motor vehicles and pedestrians,
parking of vehicles shall not be allowed within the entire road right-of-way of all
Government roads and private roads that function as public-use roads. The exception is
existing roads with prevalent unlimited access from adjoining properties, as of the effectivity
of this Act, where parking may be allowed in designated areas outside the carriageway and
sidewalks.

4.9— To encourage walking, adequate pedestrian facilities shall be provided within the road
right-of-way and between major parking areas (outside the right-of-way) and main
commercial areas, parks, churches, terminals, markets, hospitals, and public service
establishments. Pedestrian bridges shall be installed whenever practicable to separate
pedestrians and motor vehicles, especially in areas with heavy pedestrian traffic and those
in the immediate vicinity of major schools, transport terminals, markets, Government
buildings, churches, malls, and related establishments, as identified by the LGUs or the
DPWH.

SEC. 5. Delineation of Road Use Functions and Responsibilities.


5.1 — All concerned persons and entities shall observe the delineation of major road use
functions and corresponding Agency responsibilities shown in Table 1.

Table 1. Delineation of Major Road Use Functions and Agency Responsibilities

Road
Needs
Assessmen|
t

Road

[Plannin Design

g

Road

Road
\Construct
ion

Road
Maintena
nee

Road
(Operatio|
a

Traffic
Rules
'Promulgati
on

Traffic

Supervisio. Regulation,

Traffic

Management
and Control

DPWH

x

x

x

x

x

x

DOTr

x

x

x

x

thru LTO
and
LTFRB

x
thru LTO and
LTFRB

LGUs —
PGs, CGs,
MGs, BGs

x

MMDA.

HPG

Concession
-aire for toll]

expressway
s

* tal

TRB - for
toll
expressway
s

HLURB

Private
developer!
homeowner|
:
association

Other

| NGAs—
NEDA,

DILG, DA,

DTI, DOT,

Others

Other privat
NGO

Stakeholder

5.2 — These road use functions and Agency responsibilities are further amplified or
supplemented in the succeeding Sections of this Act.

SEC. 6. Classification and Functions of Government Roads and Agency Responsibilities.

6.1 — The Department of Public Works and Highways (DPWH) shall classify all Government
Roads in the Philippines according to their functions, with the corresponding Agency
responsibilities, as shown in Table 2.

Table 2. Government Roads Classification, Functions, and Agency Responsibilities

7


‘Road Class Function ‘Agency Responsibility
A. National Roads
‘A.1 National ‘Serve as the main trunkline or fa. Design, construction and
Primary backbone of the National Road maintenance by the DPWH.
Roads System of the Philippines, b. Traffic supervision by the DOTr,
consisting of contiguous lengths of through the LTO and LTFRB
significant road sections that extend) _ outside Metropolitan Manila; by the
linearly without any breaks or forks} | MMDA in Metropolitan Manila.
and that connect major urban c, Traffic management and control by
centers and cities of the country. the DOTr-LTO/LTFRB or the
delegated/deputized PG/CG outside
Metropolitan Manila; by the
MMDA in Metropolitan Manila.
A.2 National (1) Directly connect cities to a. Design, construction and
Secondary National Primary Roads, except} _ maintenance by the DPWH.
Roads in metropolitan areas, b. Traffic supervision by the DOTr-
(2) Directly connect major ports LTO/LTFRB outside Metropolitan
and major ferry terminals to Manila; by the MMDA in
National Primary Roads. Metropolitan Manila.

(3) Directly connect major airports | c. Traffic management and control by
to National Primary Roads. the DOTr-LTO/LTFRB, or the

(4) Directly connect major tourist | — delegated/deputized PG/CG, outside
service centers to National Metropolitan Manila; by the MMDA\
Primary Roads. in Metropolitan Manila.

(5) Directly connect other cities
that are not included in the
category of major cities.

(6) Directly connect Provincial
capitals within the same region.

(7) Directly connect major National
Government infrastructure to
National Primary Roads or other!
National Secondary Roads.

B. Local Roads

B.1 Provincial Roads

(1) Connect cities and
municipalities without
traversing National Roads.

(2) Connect National Roads to
Barangays through rural areas.

(3)Connect to major Provincial
government infrastructure.

a. Design, construction and
maintenance by the PG.
b. Traffic supervision by the DOTr-
LTO/LTFRB.
. Traffic management and control by
the PG, or by the LTO where the PG
is unable to perform this function.

B.2 City Roads

(D Roads within the poblacion of
the City.

(2) Connect to Provincial Roads or
National Roads.

(3)Provide inter-Barangay
connections to major City
infrastructure without
traversing Provincial Roads.

a. Design, construction and
maintenance by the CG.

b. Traffic supervision by the DOTr-
LTO/LTFRB outside Metropolitan
Manila; by the MMDA in
Metropolitan Manila,

c. Traffic management and control by
the CG, or CG-designated BBG, or
CG-designated/deputized private
developer or homeowners’
association, or the LTO in case the



CG/BG/designated or deputized |
private entity is unable to perform |
this function; in Metropolitan Manila
by the MMDA.

B.3 Municipal Roads

(1)Roads within the poblacion of
the Municipality.

(2) Connect to Provincial Roads or
National Roads.

(3)Provide inter-Barangay
connections to major Municipal
infrastructure without traversing
Provincial Roads.

a, Design, construction and

maintenance by the MG.

b. Traffic supervision by the DOTr-
LTO/LTFRB outside Metropolitan
Manila; by the MMDA in Metropolit}
Manila.

c. Traffic management and control by
the MG, or MG-designated/
deputized BG, or MG-designated/
deputized private developer or
homeowners’ association, or LTO
where the MG/BG/designated or
deputized private entity is unable to
perform this function; in
Metropolitan Manila by the MMDA.

B44 Barangay Roads

Other Government Roads within
the Barangay not covered in the
above classes.

a, Design, construction and

maintenance by the CG/MG/BG.

b. Traffic Supervision by the DOTr-
LTO/LTFRB outside Metropolitan
Manila; by the MMDA in
Metropolitan Manila,

c. Traffic management and control by
CG/MG or CG/MG-designated/
deputized BG, or LTO in case the
CG/MG/BG/designated or deputized
private entity is unable to perform
this function.

C. Other Roads

Expressways

Serve through vehicular traffic
between major activity centers, with
no direct access to and from
adjoining property except through
controlled entries and exits;
normally with interchanges; may
include facilities for levying tolls
for passage.

a. Design, construction, operation and
maintenance by the DPWH/LGU/
private concessionaire.

b, Toll rates and regulation of the
concessionaire’s operations by the
Toll Regulatory Board (TRB).

c. Traffic supervision by the DOTr-
LTO/LTFRB; in Metropolitan Manila]
by the MMDA.

Traffic management and control by
the private concessionaire.

6.2 — From time to time, the DPWH may reclassify a road into the above classes to consider
changes in the spatial configuration of settlements and economic activities, road network
development, and traffic characteristics, among other factors.

SEC. 7. Standards for Design, Construction and Maintenance of Roads.

7.1—The DPWH shall prescribe and enforce the national minimum standards for the design,
construction, and maintenance of all roads, covering both Government roads and private

9


roads. These minimum standards shall be observed by all concerned Government Agencies
and private entities and concessionaires.

7.2 — The DPWH national standards for the design of roads shall consider the following
factors:

a. National Roads shall be designed to provide a high level of mobility for through traffic,
while City Roads and Municipal Roads shall be designed to render high accessibility
services. Provincial Roads which connect National Roads with City or Municipal Roads
shall be designed to provide an appropriate combination of mobility and accessibility
services. Private Roads shall be designed to provide a proper mix of mobility and
accessibility services. In all cases, the design shall include adequate road safety features,
and be cost-effective and environmentally sustainable.

b. The DPWH national design standards for roads shall include the following:

(1) Engineering specifications - such as right-of-way width, travelway width, number
and width of lanes, shoulders, sidewalks, curbs and gutters, pedestrian crossings, type
of surfacing, thickness of pavement, bridges, drainage, safety and traffic control
devices, vertical and horizontal alignment, and location of permissible lay-bys,
among others - corresponding to the allowable motor vehicle types, volumes and
loads, characteristics of the traffic, and level of service to be provided by each class
of road.

(2) Performance standards - such as travel speeds, traffic capacity, level of service,
degree of congestion, structural strength, design life, road safety rating, road
roughness, and riding comfort that shall be provided by each class of road.

7.3 — In the design of Government Roads, the following major requirements shall be
observed:

Table 3. Major Design Requirements for Government Roads

[Road Class Major Requirements

Expressways (1) Minimum design speed shall be as follows:
Flat topography: ninety (90) kilometers per hour (kph)
Rolling topography: seventy (70) kph
Mountainous topography: sixty (60) kph

(2) Number of lanes shall usually be four (4) lanes or more, which are
divided.

(3) There shall be no frontage access from and to the adjoining
property along the entire expressway.

(4) Access to the expressway shall only be at designated entries/exits
or interchanges. The prescribed minimum intervals between
designated entries/exits and interchanges shall be observed to
ensure the desired level of service and safety.

(5) Developments shall be well set back from the expressway right-
of-way.

(6) Intersections and other intersecting expressways shall be grade-
separated.

(7) Parking shall not be permitted within the entire road right-of-way.

(8) Where necessary or for emergency purposes, lay-by or stopping
facilities shall be provided clear of the travelway.

10


(9) There shall be no vendors and other prohibited uses as provided
in Section 8.14 of this Act.

National Primary
Roads

(1) Minimum design speed shall be as follows:
Flat topography: eighty (80) kph
Rolling topography: sixty (60) kph
Mountainous topography: fifty (50) kph

(2) Number of lanes shall usually be at least four (4).

(3) There shall be limited frontage access to the road from the
adjoining property, that is, access to the road shall be at designated
entry/exit points and intersections only.

(4) Number of entry/exit points and intersections shall be minimized
to ensure the desired level of service and safety.

(5) Developments shall be well set back from the road right-of-way.

(6) All access to premises shall be provided via National Secondary,
Provincial, City, Municipal or Barangay Roads.

(7) At-grade intersections shall be channelized for minor flows.

(8) Parking shall not be permitted within the entire road right-of-way,
except for existing roads with prevalent direct access from
abutting properties as of the approval of this Act, in which case
parking may be allowed in designated areas outside the
carriageway and sidewalks.

(9) There shall be no vendors and other prohibited uses as provided
in Section 8.14 of this Act.

‘National Secondary
Roads

(1) Minimum design speed shall be as follows:
Flat topography: seventy (70) kph
Rolling topography: sixty (60) kph
Mountainous topography: forty (40) kph

(2) Number of lanes shall be at least two (2).

(3) There shall be limited frontage access. In exceptional
circumstances, large individual developments may have direct
access when a high-level intersection is provided.

(4) Developments shall be well set back from the road right-of-way.

(5) All access to premises shall be provided via Provincial, City,
Municipal or Barangay Roads.

(6) Number of intersections shall be minimized.

(7) At-grade intersections are channelized for minor flows.

(8) Parking shall not be permitted within the entire road right-of-way,
except for existing roads with prevalent direct access from
abutting properties as of the approval of this Act, in which case
parking may be allowed in designated areas outside the
carriageway and sidewalks

(9) There shall be no vendors and other prohibited uses as provided
in Section 8.14 of this Act.

Provincial Roads

(1) Minimum design speed shalll be as follows:
Flat topography: seventy (70) kph
Rolling topography: sixty (60) kph
Mountainous topography: forty (40) kph

(2) Number of lanes shall be at least two (2).

(3) There shall be limited frontage access. In exceptional
circumstances, large individual developments may have direct
access when a high-level intersection is provided.

(4) Developments shall be well set back from the road right-of-way _|

1


(5) Most developments shall be given access via intersections with
Local Roads.

(6) Alll intersections shall normally be at-grade.

(7) For high-volume traffic, turning traffic shall be separated from

through traffic by auxiliary lanes.

(8) Where feasible, separated pedestrian/bikeways shall be provided

remote from the travelway.

(9) Pedestrian crossings shall be clearly defined and controlled.

(10)Parking shall not be permitted within the entire road right-of-
way, except for existing roads with prevalent direct access from
abutting properties as of the approval of this Act, in which case
parking may be allowed in designated areas outside the
carriageway and sidewalks.

(11)Bus/public vehicle stops, as well as other loading and unloading
areas permitted in exceptional circumstances, shall be in separate
well-designed lay-bys or properly marked areas.

| (12)Regular stopping places for paratransit vehicles - ie., private,
non-corporately run public transport vehicles smaller than buses
or utility vehicles — shall be identified and safe stopping places
for them shall be established.

(13) There shall be no vendors and other prohibited uses as provided
in Section 8.14 of this Act.

City Roads

(1) Minimum design speed shall be as follows:
Flat topography: seventy (70) kph
Rolling topography: sixty (60) kph
Mountainous topography: forty (40) kph

| (2) Number of lanes shall be at least two (2).

| (3) Roads shall be mainly for local traffic.

(4) Through traffic shall, to the extent feasible, be accommodated on
an alternative more direct main road or bypass road.

(5) Where feasible, an industrial traffic route shall not pass through a
residential area.

(6) Vehicle speeds shall be kept low and long straight alignments
shall be avoided.

(7) Parking shall not be permitted within the entire road right-of-way,
except for existing roads with prevalent direct access from
abutting properties as of the approval of this Act, in which case
parking may be allowed in designated areas outside the
carriageway and sidewalks.

(8) Bus/public vehicle stops, as well as other loading and unloading
areas permitted in exceptional circumstances, shall be in separate
well-designed lay-bys or properly marked areas

(9) Where non-motorized traffic needs to use a local distributor road,
it shall be separated from motorized traffic.

(10) There shall be no vendors and other prohibited uses as provided

in Section 8.14 of this Act.

|
|
L

Municipal Roads

(1) Minimum design speed shall be as follows:
Flat topography: seventy (70) kph
Rolling topography: sixty (60) kph
Mountainous topography: forty (40) kph
(2) Number of lanes shall be at least two (2)
(3) Roads shall be mainly for local traffic.

2


|) Through traffic shall, to the extent feasible, be accommodated on |

an alternative more direct main road or bypass road. |

(5) Where feasible, an industrial traffic route shall not pass through a
residential area.

(6) Vehicle speeds shall be kept low and long straight alignments
shall be avoided.

(7) Parking shall not be permitted within the entire road right-of-way,
except for existing roads with prevalent direct access from
abutting properties as of the approval of this Act, in which case
parking may be allowed in designated areas outside the
carriageway and sidewalks.

| (8) Bus/public vehicle stops, as well as other loading and unloading
areas permitted in exceptional circumstances, shall be in separate
well-designed lay-bys or properly marked areas.

(9) Where non-motorized traffic needs to use a local distributor road,
it shall be separated from motorized traffic.

(10) There shall be no vendors and other prohibited uses as provided

in Section 8.14 of this Act.

Barangay Roads

(1) Minimum design speed shall be as follows:
Flat topography: 60 kph
Rolling topography: forty (40) kph
Mountainous topography: thirty (30) kph

(2) Number of lanes shall usually be two (2).

(3) Through traffic shall be minimized.

(4) Vehicle speeds shall be kept low.

(5) Access roads shall be kept short where possible.

(6) Cul-de-sac and loop roads shall be used where feasible to deter
through traffic.

(7) Intersections shall, to the extent feasible, be three-legged rather
than four-legged, and kept compact to aid pedestrian movements. |

(8) Parking shall not be permitted within the entire road right-of-way, |
except for existing roads with prevalent direct access from
abutting properties as of the approval of this Act where parking
may be allowed in designated areas outside the carriageway and
sidewalks.

(9) Pedestrians and vehicles may share road space where vehicular
traffic is light. Travelway width can be reduced to give priority to
pedestrians. |

(10) Entrance/exit points of access streets shall be clearly identified

by threshold treatments, such as changes in geometric layout, |
landscaping, building development or gateways and signage.

| (11) Fully mountable curbs for motor vehicles may be provided to be

used by emergency and service vehicles.

(12) Fire lanes or paths shall be provided, marked, and kept clear for

emergency access of fire trucks and other firefighting vehicles.

(13) There shall be no vendors and other prohibited uses as provided

in Section 8.14 of this Act.

7.4 — In the design of private roads in housing/subdivision and commercial/industrial/
institutional areas, the following major requirements shall be observed, consistent with the
DPWH minimum design standards for roads:

13


a. The development plans for the housing/subdivision and commercial/industrial/
institutional areas, including the roads and circulation system thereof, shall conform to
the local zoning ordinances and land use plans, be consistent with the provisions of the
National Building Code of the Philippines, as amended, and be compliant to the rules of
the HLURB.

b. The said development plans shall provide for a functional hierarchy of intemal roads and
for adequate linkages of these roads to external Government Roads.

¢. All major buildings and establishments shall undergo a Traffic Impact Assessment (TIA)
before the issuance of any locational clearance that is a prerequisite to a building permit.
The TIA shall include an assessment of the traffic circulation within and around the
premises of the building/establishment and the external influence area, the sufficiency of
parking for the generated and attracted traffic, and the measures to mitigate any traffic
and parking problems and safety concerns.

d. In any land development covering more than five hundred thousand (500,000) square
meters, through roads shall be provided with a spacing of not more than five hundred
(500) meters in both directions ~ that is, longitudinal and transverse. To the extent
feasible, these roads shall be aligned and interconnect with existing public-use roads in
the vicinity.

7.5- The DPWH national standards for the construction and maintenance of roads shall
preferably be performance-based and adequately consider the factors of safety,
structural integrity, efficiency, economy, socio-environmental impact, and
sustainability.

7.6 The Agency responsibilities and accountabilities for the design, construction, and
maintenance of roads shall be based on the provisions of Sections 5 to 7 of this Act

SEC. 8. Rules and Regulations for Use of Roads.

8.1 — The DOTr shall prescribe and enforce the rules for the use of the roads, particularly the
national traffic rules for the movement of vehicles and pedestrians on all roads, covering
both Government roads and private roads. These national traffic rules shall be observed by
all concerned Government Agencies and private entities and concessionaires. The DOTr
national traffic rules shall reflect the pertinent provisions of this Act and include the
following:

a. Allowable movements of motor vehicles on roads, including but not limited to
appropriate locations and conditions for parking and stopping of motor vehicles, bus/
public transport routes, loading and unloading zones, and terminals, among others.

b. Allowable movements of pedestrians on roads, including but not limited to appropriate
areas for walking and crossing.

c. Other traffic rules, including but not limited to those pertaining to obstruction to traffic,
allowable speed limits in accordance with Sections 8.2 to 8.4 hereof, load limits, reckless
driving, overtaking or passing, turning, driving without license or vehicle registration or
outside the franchised routes, driving under the influence of liquor or prohibited drugs,
and nose-in/nose-out movements to and from the travelway.

14


8.2 — The DPWH shall establish the allowable speed limits on the different sections of
National Roads, considering the functions, design, and actual conditions of the road sections,
the characteristics, volume and mix of vehicular and pedestrian traffic thereon, the
requirements for road safety, and the kind of land uses in the area. These shall include
crowded sections of National Roads, that is, those with heavy pedestrian traffic and those in
the immediate vicinity of major schools, transport terminals, markets, Government buildings,
churches, malls, and related establishments, as identified by the LGUs or the DPWH. The
allowable speeds for National Roads established by the DPWH are subject to concurrence
by the DOTr and to their inclusion in the set of national traffic rules to be issued by the DOTr
in accordance with the provisions of Section 8.1 hereof. The DPWH shall install the proper
signage for the approved allowable speed limits on the National Roads for the information
of the road users,

8.3 - LGUs may enact ordinances for purposes of enforcing the allowable speed limits on
National Roads set by the DPWH. When necessary for the safety of road users, an LGU may
propose allowable speed limits that are lower than those set by the DPWH on specific
sections of National Roads, to be submitted to the DPWH for approval and to the DOTr for
concurrence, prior to the enactment of the corresponding LGU ordinance.

8.4 — In the case of Local Roads, the concerned LGUs shall set and enforce, through
appropriate ordinances, the allowable speed limits on the different road sections, considering
the same factors mentioned in Section 8.2, including crowded road sections as defined in
Section 8.2. These shall be subject to compliance with the national standards for allowable
speed limits on Local Roads to be prescribed by the DPWH with the concurrence of the
DOTr. The concerned LGU shall provide the proper signage for the approved allowable
speed limits on the Local Road sections for the information of the road users

8.5 — Parking of motor vehicles shall not be allowed within the entire road right-of-way of
all Government roads and private roads that function as public-use roads, except for existing
road sections as of the effectivity of this Act with prevalent unlimited access from adjoining
properties, where parking may be allowed within the road right-of-way but only in designated
areas outside the carriageway and sidewalks.

8.6 ~ Subject to the provision of Section 8.5 hereof, all parking shall be within the allocated
area inside the building or property outside of the road right-of-way. All establishments shall
provide enough parking spaces for the use by their in-house vehicles, cars of customers,
clients, visitors, and staff, delivery vans, and other vehicles, consistent with the provisions
of the National Building Code of the Philippines, as amended. This shall be in the form of
standard parking spaces and staging areas inside their premises. Fast-moving entrance and
exits to/from and within the parking areas shall be provided.

8.7 — Perpendicular parking inside the property within the setback required under the
National Building Code of the Philippines, as amended, between the building line and the
property/ road right-of-way boundary, may be allowed if the setback is at least six (6) meters
wide. Otherwise, setback parking shall be parallel or skewed to the road. In all cases, no part
of a parked vehicle shall extend over any part of the road right-of-way.

88 — Use of any space as staging or queuing area outside the entrance gates of the
establishment, which is part of the road right-of-way and obstructs the movement of people
and vehicular traffic, shall not be allowed. Vehicles shall not be allowed to stand/wait in
these areas beyond ten (10) seconds to avoid obstructing the flow of people and passing
vehicles. For a property with a long frontage, direct access from and to the travelway shall

15


be limited to a few entrance and exit gates to avoid undue obstruction to the external road
traffic.

8.9 — On private roads classified as public-use roads, facilities for vehicle inspection shall be
provided inside the premises of the subdivisions and establishments in order to avoid queues
outside the premises which hinder the traffic flow on external public-use roads.

8.10 — Motor vehicles shall be prohibited from loading and unloading passengers or goods
or stopping that causes obstruction on any public use road, except in loading and unloading
zones or parking areas designated under appropriate ordinances enacted by the concerned
LGUs or, in the case of Metropolitan Manila, by the MMDA, which ordinances shall comply
with the national traffic rules and the other provisions of this Act. Motor vehicles shall not
be allowed to remain standing/waiting on any public-use road for more than ten (10) seconds
to avoid obstructing the normal flow of other vehicles.

8.11 — The requirement for nose-in/nose-out movements of vehicles from and to the
travelway as defined in Section 3 of this Act shall be strictly observed on all public-use roads.
Nose-in/nose-out maneuvers shall done within the premises of the property owner, that is,
outside the road right-of-way, in order not to obstruct the normal flow of vehicles and
pedestrians; in difficult cases, however, such maneuvers may be allowed on the sidewalks
without unduly hampering the flow of pedestrians.

8.12 - Only motor vehicles shall be allowed to use the travelways of National Roads and
Provincial Roads. Conveyances other than motor vehicles, such as human-driven bicycles,
tricycles and pedicabs, and animal-drawn calesas and carromatas, may be allowed to use the
shoulders of or separate passageways outside the travelway of these roads. Until such time
that separate passageways for human-driven bicycles and tricycles are provided outside the
travelways of these roads, the DPWH or PG concerned may, through appropriate Department
Orders or PG ordinances, allow these vehicles to use designated sections of the travelways
of these roads, provided that adequate safety measures are adopted.

8.13 — Pedestrians shall be allowed to use only the shoulders, sidewalks, pedestrian lanes and
crossings of roads, as designated by the appropriate Government Agency.

8.14 — The following uses and activities shall be prohibited within the right-of-way of all
public-use roads

a. Vending of any kind and item.

b. Installation of public and private temporary and permanent structures, such as buildings,
houses, shanties, stores, shops, stalls, posts, canopies, billboards, commercial signage,
advertisements, fences, walls, railings, barriers, pipes, basketball courts, plants and plant
boxes, garbage receptacles, and the like, except bus/public vehicle stops and passenger
waiting sheds authorized by the DPWH, the MMDA,, or the LGU concemed.

¢. Construction or repair work without the required permit from the DPWH, the MMDA,
or the LGU responsible for the road, and without the required signage and safety or
protective devices.

. Repair and washing of vehicles, and related businesses.

€. Installation of driveways and ramps.

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f. Provision of humps, whether permanent or temporary.

g. Placement of construction materials, such as sand, gravel, cement, lumber and steel bars,
earth spoils, waste materials, debris, embankment, heaps, and the like.

h. Installation or placement of equipment, including junked items, storage of soda and
liquor bottles and cases, and the like.

i. Disposal of garbage and household/commercial/industrial wastewater and sewage.
j. Raising of animals or allowing them to roam in the area.
k._ Drying of palay and other crops.

1. Doing house chores, such as washing and hanging clothes, and bathing; drinking liquor
and beverages; and holding picnics, wakes, and other gatherings.

m, Sports and related activities

n, Unauthorized extraction of tolls or fees from road users, that is, without the approval of
the TRB.

8.15 — The CG or MG concerned shall be responsible for enforcing the provision on
prohibited uses and activities within the road right-of-way stated in Section 8.14 for all
sections of National, Provincial, City/Municipal and Barangay Roads, as well as private
toads which serve as public-use roads, within its territorial jurisdiction. This responsibility
shall include the immediate removal of all existing prohibited uses and activities and the
prevention of future prohibited uses and activities within the road right-of-way. The DPWH
or CG/MG concerned shall take immediate action on any legitimate request, notice or
complaint regarding prohibited uses and activities under this Section of the Act within seven
(7) days upon receipt of the request, notice or complaint. All above-ground utilities within
the carriageway shall be removed by the respective utility owners within one (1) month upon
receipt of the notice for the removal thereof from the DPWH or LGUs concerned.

8.16 — When a private road meets the definition of a public-use road in Section 3 hereof —
that is, the road serves multiple property owners, settlers, road users, and beneficiaries ~ and
is part of a subdivision project duly approved by appropriate authorities, that road is deemed
withdrawn from the commerce of man and is open for public use, whether or not the title to
the property remains with the developer or owner.

8.17 — Upon the issuance by the HLURB of the license or permit to implement the
development of a subdivision, all road lots in the approved subdivision plan shall be deemed
automatically transferred to the concerned LGU at no cost, subject to compliance with the
relevant DPWH road design standards. In the case of existing subdivisions as of the
effectivity of this Act, all road lots are hereby transferred to the concerned LGUs at no cost,
subject to compliance with the relevant DPWH road design standards. Thereafter, the LGUs
shall be responsible for the proper maintenance and use of the roads, including the
enforcement of traffic rules and regulations thereon.

17


8.18 — The Government, through the DPWH or the LGU concerned, may declare or convert
a private road within a subdivision or housing site into a Government road, under the
following conditions:

a. The subject private road shall serve a public use or purpose as it will improve the overall
traffic flow in the vicinity, thus benefiting the general public. The subject private road
forms an integral part of the overall hierarchical network of roads in and around the
subdivision or housing site.

s

There is no existing Government road in the vicinity that can alternatively serve the same
purpose as the subject private road sought to be converted into a Government road.

°

The DPWH or the LGU concerned has conducted due consultations with the developer
or homeowners’ association concerned regarding the proposed conversion of the subject
private road into a Government road.

e

The subject private road is compliant with the pertinent DPWH design standards for a
Government road.

°

The DPWH or the LGU concerned shall provide adequate safety, security, and
environmental safeguards for the benefit of the affected residents and road users.

nm

The DPWH or the LGU concemed shall acquire the subject private road for public use
through donation by the private developer or homeowners’ association, or through an
easement agreement with the private developer or homeowners association, or through
negotiated sale or expropriation, with due compensation to the owners of affected
properties outside of the road lots, in accordance with the provisions of Republic Act No.
10752 (Right-of-Way Act).

SEC. 9. Powers and Responsibilities of Concerned Agencies.

9.1 — Consistent with the provisions of Sections 5 to 8 of this Act, the concerned Agencies
shall exercise the following powers and responsibilities in relation to provision and use
of roads.

9.2 The DPWH shall have the following powers and responsibilities:

a. Classify all Government roads in the Philippines according to functional criteria pursuant
to the provisions of Section 7 of this Act.

b. Prescribe and enforce the national design, construction, and maintenance standards for
all roads in accordance with Section 7 of this Act.

¢. Design, construct and maintain National Roads.

4. Maintain a central database on road inventory and conditions and traffic data for National
Roads, which shall be linked to related databases of the DOTr, the MMDA and the LGUs
for Local Roads.

9.3 - The DOTr shall have the following powers and responsibilities:

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a. Prescribe the national traffic rules for public-use roads, in accordance with Section 8 of
this Act.

b. Enforce, through the LLTO and the LTFRB, the national traffic rules on all National
Roads, prescribed by the DOTr under Section 8 of this Act.

c. Exercise traffic supervision over the traffic management and control undertaken by the
concerned agencies on all roads.

d. As deemed necessary, deputize the MMDA, the LGUs, the HPG, and other entities to
enforce the DOTr national traffic rules prescribed under Section 8 of this Act.

©. Maintain a central database for national traffic rules, LGU and MMDA ordinances,
traffic violations and related information, with nationwide coverage, which shall be
linked to related databases of the DPWH, the MMDA, and the LGUs and accessible the
general public, Require regular reports on traffic violations and related data from all
concerned LGUs and the MMDA.

9.4 ~The MMDA shall have the following powers and responsibilities:
a. Undertake traffic management and control on all roads in Metropolitan Manila.

b. Adopt and enforce MMDA ordinances regulating the design, construction, and
maintenance of roads in Metropolitan Manila, and the movements of motor vehicles and
pedestrians on all roads in Metropolitan Manila, including the allowable areas and
conditions for parking and stopping of motor vehicles and loading and unloading of
passengers and goods, allowable speed limits, and other traffic rules, in accordance with
the national standards and rules prescribed by the DPWH and the DOTr under Sections
7 and 8 of this Act. Ensure that proper consultation with the affected stakeholders has
been conducted on each proposed ordinance before the same is issued.

c. As deemed necessary, deputize LGUs in Metropolitan Manila and other entities to
exercise traffic supervision and enforce MMDA ordinances adopted under Section 8.4b
of this Act.

d. Maintain a database on road inventory and conditions and traffic data, traffic violations,
road accidents, and related information for Metropolitan Manila, which shall be linked
to the DPWH and DOTr databases. Submit regular reports on these data and information
to the DPWH and the DOTr.

9.5 — The concerned PG shall have the following powers and responsibilities:

a. Design, construct and maintain Provincial Roads in accordance with the design standards
prescribed by the DPWH under Section 7 of this Act.

b. Undertake traffic management and control on its Provincial Roads, by itself or through a
duly delegated CG or MG.

¢. Adopt and enforce PG ordinances regulating the design, construction, and maintenance
of its Provincial Roads, and the movements of motor vehicles and pedestrians on its
Provincial Roads, including the allowable locations and conditions for parking and
stopping of motor vehicles and loading and unloading of passengers and goods, allowable

19


speed limits, and other traffic regulations, in accordance with the national standards and
rules prescribed by the DPWH and the DOTr under Sections 7 and 8 of this Act. Ensure
that proper consultation with the affected stakeholders has been conducted on each
proposed ordinance before the same is issued.

d. Maintain a PG database on its road inventory and conditions and traffic data, traffic
violations, road accidents, and related information, which shall be linked to the DPWH.
and DOTr databases. Submit regular reports on these data and information to the DPWH
and the DOTr.

9.6 ~The concerned CG shall have the following powers and responsibilities:

a. Design, construct and maintain City Roads in accordance with the design standards
prescribed by the DPWH under Section 7 of this Act.

b. Undertake traffic management and control on its City Roads, by itself or by a duly
delegated BG or private developer or homeowners’ association.

¢, Adopt and enforce CG ordinances regulating the design, construction, and maintenance
of its City Roads, and the movements of motor vehicles and pedestrians on its City Roads
and on private roads within the jurisdiction of the CG - including the allowable locations
and conditions for parking and stopping of motor vehicles and loading and unloading of
passengers and goods, allowable speed limits, and other traffic regulations, in accordance
with the national standards and rules prescribed by the DPWH and the DOTr under
Sections 7 and 8 of this Act. Ensure that proper consultation with the affected
stakeholders has been conducted on each proposed ordinance before the same is issued.

d. Prevent and remove prohibited uses and activities within the right-of-way of all sections
of National, Provincial, City/Municipal and Barangay Roads, as well as private roads
which serve as public-use roads, within its territorial jurisdiction, as provided in Sections
8.14 and 8.15 of this Act.

e. Maintain a CG database on its road inventory and conditions and traffic data, traffic
violations, road accidents, prohibited uses in the right-of-way, and related information,
which shall be linked to the DPWH and DOTr databases. Submit regular reports on these
data and information to the DPWH and the DOTr.

9.7 — The concerned MG shall have the following powers and responsibilities:

a. Design, construct and maintain Municipal Roads in accordance with the design standards
prescribed by the DPWH under Section 7 of this Act.

b. Undertake traffic management and control on its Municipal Roads, by itself or by a duly
delegated BG or private developer or homeowners’ association.

¢, Adopt MG ordinances regulating the design, construction, maintenance, and use of its
Municipal Roads, and the movements of motor vehicles and pedestrians on its Municipal
Roads and on private roads within the jurisdiction of the MG - including the allowable
locations and conditions for parking and stopping of motor vehicles and loading and
unloading of passengers and goods, allowable speed limits, and other traffic regulations,
in accordance with the national standards and rules prescribed by the DPWH and the
DOTr under Sections 7 and 8 of this Act. Ensure that proper consultation with the

20


affected stakeholders has been conducted on each proposed ordinance before the same is
issued.

. Prevent and remove prohibited uses and activities within the right-of-way of all sections
of National, Provincial, City/Municipal and Barangay Roads, as well as private roads
which serve as public-use roads, within its territorial jurisdiction, as provided in Sections
8.14 and 8.15 of this Act.

e. Maintain a MG database on road inventory and conditions and traffic data, traffic
violations, road accidents, prohibited uses in the right-of-way, and related information,
which shall be linked to the DPWH and DOTr databases. Submit regular reports on these
data and information to the DPWH and the DOTr.

9.8 ~The concerned BG shall have the following powers and responsibilities:

a. Design, construct and maintain Barangay Roads in accordance with the design standards
prescribed by the DPWH under Section 7 of this Act.

b. Undertake traffic management and control on its Barangay Roads.

c. Adopt BG ordinances regulating the design, construction, maintenance, and use of its
Barangay Roads, and the movements of motor vehicles and pedestrians on its Barangay
Roads and on private roads within the jurisdiction of the BG - including the appropriate
locations and conditions for parking and stopping of motor vehicles and loading and
unloading of passengers and goods, , allowable speed limits, and other traffic regulations,
in accordance with the national standards and rules prescribed by the DPWH and the
DOTr under Sections 7 and 8 of this Act. Ensure that proper consultation with the
affected stakeholders has been conducted on each proposed ordinance before the same is
issued.

d. Maintain a BG database on road inventory and conditions and traffic data, traffic
violations, road accidents, and related information, which shall be linked to the DPWH
and DOTr databases. Submit regular reports on these data and information to the DPWH
and the DOTr.

9.9 — The HLURB shall enforce the regulations for the design, construction, maintenance
and use of private roads in housing and subdivision sites, including traffic regulations,
consistent with the DPWH and DOTr national standards and rules prescribed under Sections
7 and 8 of this Act.

9.10 - The MMDA, PG, CG, MG, and BG shall not adopt any ordinance, rule, or regulation
affecting the design, construction, maintenance, and operation, and use of Expressways and
National Roads, or affecting the movement of motor vehicles and pedestrians and traffic
rules on Expressways and National Roads, without the prior approval of the DPWH in the
case of the design, construction, maintenance, operation, and use of these roads, and without
the prior approval of the DOTr in the case of the movement of motor vehicles and pedestrians
and traffic rules on these roads.

9.11 — The concerned Government Regulators of utilities, including but not limited to, the
National Telecommunications Commission (NTC), Metropolitan Waterworks and Sewerage
Authority (MWSS) Regulatory Office, Local Water Utilities Administration (LWUA),
Energy Regulatory Commission, and National Electrification Administration (NEA), shall

21


exercise the following responsibilities with respect to the location and operation of utilities
affecting Government and private roads:

a. Establish the technical and operational standards for utilities affecting the design,
construction, maintenance, operation and use of the roads, consistent with the provisions
of this Act.

b. Monitor and enforce compliance to the said standards by the utility companies and
entities,

c. Impose appropriate sanctions on the utility companies and entities that fail to comply
with the standards.

SEC. 10. Transitory Provisions. — Within a period of one (1) year from the effectivity of the
Implementing Rules and Regulations of this Act, to be promulgated under Section 11 hereof, all
existing housing/subdivision and commercial/industrial/institutional establishments shall fully
comply with the provisions of Section 8 hereof.

SEC. 11, Implementing Rules and Regulations.

11.1 ~ Within ninety (90) days after the effectivity of this Act, a Committee shall, formulate
and prescribe, after due public hearing, the Implementing Rules and Regulations (IRR) for
the proper execution of the provisions of this Act.

11.2 ~ The Committee shall be composed of the following officials or their duly designated
representatives:

a. The Secretary of the DPWH as Chairperson.

b. The Secretary of the DOTr as Co-Chairperson.

c. The Secretary of the DILG as Member.

d. The Chairman of the HLURB as Member.

e. The President the League of Provinces of the Philippines as Member

f. The President of the League of Cities of the Philippines as Member

g. The President of the League of Municipalities of the Philippines as Member.

h. Other representatives of concerned entities, determined by the Committee, as Members.

11.3 — The IRR, as approved by the Committee, shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general circulation.

11.4 ~ From time to time, the Committee may formulate and prescribe, after due public
hearing, amendments or revisions to the IRR, consistent with the provisions of this Act. The
amended or revised IRR shall take effect fifteen (15) days after its publication in the Official
Gazette or in at least two (2) newspapers of general circulation.

11.5—All concemed LGUs and other Agencies shall promulgate and enforce the provisions
of the approved IRR in their respective jurisdictions

11.6 — Funds needed for the formulation and publication of the IRR under this Section of the
Act shall be taken from the appropriate budgets of the DPWH and the DOTr, subject to
pertinent accounting and auditing regulations.

SEC. 12. Penal Provisions.

22


12.1 ~ Any violations of the traffic rules shall warrant the imposition of the following
penalties and liabilities, as determined by the Implementing Rules and Regulations under
Section 11 hereof

a. Any person who violates a traffic rule for the first time shall be liable to a fine equivalent
to an appropriate multiple of the minimum wage prescribed by the National Capital
Region Wage Board, with the said multiple proportionate to the severity of the violation

b. A repeat offender shall be liable to a fine of at least fifty percent (50%) higher than the
corresponding fine of a first-time offender. An individual shall be considered a repeat
offender if he violates the same traffic rule within the last twelve (12) months from the
date of his latest offense.

¢. Aside from the imposition of fines, demerit points shall be given to erring individuals.
Committing violation of the traffic rules shall result in the recording of these points.
Accumulation of points to a certain number shall result in the suspension or revocation
of the offender’s driving license.

12.2 — Any person who commits any of the prohibited uses and activities stated in Section
8.14 hereof shall be subject to criminal liability.

12.3 — Criminal liability shall also be incurred through the commission of bribery, extortion
or when the violation of the provisions of this Act is done deliberately and maliciously to
solicit favors in cash or in kind.

12.4— Public officers who fail to enforce and implement the traffic rules and other provisions
of this Act shall be subject to administrative and criminal liability. The Office of the
Ombudsman shall have jurisdiction over these cases as determined by appropriate laws and
issuances.

SEC. 13. Separability Clause. - If any portion of this Act is declared unconstitutional or
invalid, the other portions which are not affected thereby shall continue in full force and effect.

SEC. 14. Repealing Clause. - All existing laws, decrees, executive orders, rules, regulations
or parts thereof that are inconsistent with this Act are hereby repealed.

SEC. 15. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved.

23