Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bit no. #492

Introduced by Rep. Precious Hipolito Castelo

EXPLANATORY NOTE

Scientific studies show sleepiness from fatigue impairs driving performance. Sleepiness leads to
crashes because it impairs elements of human performance that are critical to safe driving
(Dinges, Kribbs, 1991). Relevant impairments identified in laboratory and in-vehicle studies
include:

'* Slower reaction time. Sleepiness reduces optimum reaction times, and moderately sleepy people
can have a performance-impairing increase in reaction time that will hinder stopping in time to
avoid a collision (Dinges, 1995). Even small decrements in reaction time can have a profound
effect on crash risk, particularly at high speeds.

* Reduced vigilance. Performance on attention-based tasks declines with sleepiness, including
increased periods of nonresponding or delayed responding (Haraldsson et al., 1990: Kribbs,
Dinges, 1994).

* Deficits in information processing. Processing and integrating information takes longer, the
‘accuracy of short-term memory decreases, and performance declines (Dinges, 1995).

Often, people use physical activity and dietary stimulants to cope with sleep loss, masking their
level of sleepiness. However, when they sit stil, perform repetitive tasks (such as driving long
distances), get bored, or let down their coping defenses, sleep comes quickly (Mitler et al.,
1988; National Transportation Safety Board, 1995 [USA])

In the 1996 appropriations bill for the U.S. Department of Transportation, the Senate
Appropriations Committee report noted that “NHTSA data indicate that in recent years there
have been about 56,000 crashes annually in which driver drowsiness/fatigue was cited by police
(hitp:/iwwnhtsa. govipeoplesinjuryldrowsy_driving Vidrowsy.hmitl BIOLOGYOFHUMANSLEEP)

Citing the foregoing data, the author imperatively prescribes a punitive policy in which operators
of public utility vehicles are penalized for employing a driver more than 8 hours per day. Studies
further indicate that 8 hours is the perceived maximum potential for drivers to stay alert. Hence,
no PUV driver should be allowed to drive more than 8 hours a day. If we are to safeguard the
riding public, then the strict implementation of this measure has to be instituted.

Hence, the immediate passage of this bill is earnestly squ6


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House BILL No. 2492

Introduced by Rep. Precious Hipolito Castelo

AN ACT
PROHIBITING PUV OPERATORS TO EMPLOY DRIVERS FOR MORE THAN EIGHT (8)
HOURS A DAY TO ENSURE DRIVING ALERTNESS AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF AND FOR OTHER PURPOSES

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

SECTION 1. Title. This Act shall be known as the “PUV Driving Alertness Act.”

SEC. 2. Declaration of Policy. The State shall outlaw the employment of a PUV driver
for more than eight (8) hours a day in order to ensure his top level driving performance and
ensure the safety of the riding public. Hence, no PUV operators shall be allowed to employ
drivers for more than eight (8) hours a day and shall be severely penalized for violations thereof.

SEC. 3. Prohibition, No PUV operator shall be allowed to employ a driver for more than
eight (8) hours per day.

SEC. 4. Penalties. Any PUV operator found to be guilty of non-compliance shall be
meted out a penalty of imprisonment for a minimum of six (6) months to one (1) year and/or a
fine of One Hundred Thousand Pesos (Php100,000,00);

In case the PUV operator's violation results in slight physical injuries to any party, the
penalty to be imposed shall be imprisonment of one (1) year plus a fine of Two Hundred
Thousand Pesos (Php200,000.00).

In case the PUV operator's violation results in less serious physical injuries to any party,
the penalty to be imposed shall be imprisonment of three (3) years plus a fine of Five Hundred
Thousand Pesos (Php500,000.00).

In case the PUV operator's violation results in serious physical injuries to any party, the
penalty to be imposed shall be imprisonment of five (5) years plus a fine of One Million Pesos
(Php1,000,000.00)


In case the PUV operator's violation results in death, permanent disability or mutilation of
any body part of any party, the penalty to be imposed shall be imprisonment of ten (10) years
plus a fine of Two Million Pesos (Php2,000,000.00).

When the violation of the act covered by this article results in damage to the property of
another, the violator shall be punished by imprisonment of one (1) to two (2) years and/or a fine
ranging from an amount equal to the value of said property to three times such value, but which
shall in no case be less than One Hundred Thousand Pesos (Php100,000.00).

The trial court shall also award the actual, moral and exemplary damages to the victim/s,
based on the evidence presented and pursuant to existing rules and jurisprudence.

SEC. 5. Repeat Offenders — In the event a PUV operator is found guilty of violating this
Act for two (2) or more times committed within a period of five (5) years, the same shall be a
ground for the permanent revocation of his franchise by the Land Transportation Franchising
and Regulatory Board (LTFRB).

SEC. 6. Separability Clause ~ If any part, section or provision of this Act shall be held
invalid or unconstitutional, the other provisions not affected by such declaration shall remain in

full force and effect.

SEC. 7. Repealing Clause — All laws, acts, decrees, executive orders, rules and
regulations or other issuances or parts thereof, which are inconsistent with this Act, are hereby
modified and repealed

SEC. 8. Effectivity - This Act shall take effect fifteen (15) days following its publication in
the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,