Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILLNO, 3276

INTRODUCED BY REP. JOSEPH VICTOR G. EJERCITO

EXPLANATORY NOTE

This bill seeks to create a National Transportation and Safety
Board (NTSB) which shall be an independent and non-regulatory
agency to ensure thorough and impartial investigations of
transportation accidents. It shall be primarily responsible for the
analysis, evaluation and prevention of air, overland and marine
transportation accidents, to include railway and pipeline systems, for
the effective promotion of safety and prevent loss of life and property.
The mission of the Board is to engage in the investigation and
determination of probable cause/s of transportation accidents, the
issuance of safety recommendations and special studies directed at
preventing recurrence of such accidents and evaluating the
effectiveness of concerned government agencies in preventing
transportation accidents.

The creation of an independent government agency to promote
transportation safety by conducting independent accident
investigations and by formulating safety improvement
recommendations has come of age in the Philippine transport system.
As envisioned, the proper conduct of responsibilities assigned to this
independent Board requires vigorous investigation of major accidents
involving all types of public utility vehicles or vessels regulated by
other agencies of government. It demands continuous review,
appraisal, and assessment of the operating practices and regulations
of all such agencies. It also envisions calling for the making of
conclusions and recommendations that may be critical of or adverse to
any such agency and its officials.

The importance and necessity of safe transportation system in
our country cannot be overemphasized. The enactment of this
measure is expected to ensure that all modes of transportation in the
Philippines are conducted safely. We believe that the NTSB will be an
effective vehicle for the realization of such a need.

In view of the foregoing, approval of this bill is-earnestly sought.

JOSEPH VICTOR G. EJERCITO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

House eritNno.__ 2276

INTRODUCED BY REP. JOSEPH VICTOR G. EJERCITO

AN ACT
CREATING A NATIONAL TRANSPORTATION SAFETY
BOARD, APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES

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

SECTION 1. Short Title. - This act shall be known and cited as
the "National Transportation Safety Board Act of 2010."

SEC. 2. Declaration of Policy. - It is the policy of the State to
prevent accidents and save lives and property in transportation;
promote safety in the transportation of people, property and goods by
conducting independent accident investigations; by continuous and
objective review, appraisal and assessment of operating practices and
regulations of government agencies implementing transportation laws;
and, by formulating and promulgating safety improvement standards
for observance and implementation, by said agencies and concerned
private sectors.

SEC. 3. Creation. There is hereby created a National
Transportation Safety Board, a non-regulatory and independent
agency hereinafter referred to as the Board, to implement the
foregoing policies of the State. For administrative purposes, the Board
shall be attached to the Office of the President.

SEC. 4. Objectives. -The Board shall have the following
objectives:

(a) To prevent future accidents, save lives and reduce injuries
and property damages;

(b) To ensure that survivors and families of victims of
transportation accidents receive timely and compassionate assistance
from the operators, other government agencies, and community
service organizations;


(c) To ensure implementation of safety standards in the
transportation industry; and

(d) To conduct thorough accident and incident investigations,
determine the probable causes, and publish accident reports and
safety studies.

SEC. 5. Structure and Organization. - The Board shall be
composed of five (5) full-time members, including a Chairman and a
Vice-chairman. All the members of the Board shall have extensive
training and experience in the respective field of our marine, air,
overland -and rail transportation systems, and each must have
adequate knowledge in investigation, analysis, and evaluation of
transportation accidents, particularly in the field of accident
reconstruction, safety engineering, or transportation safety.

Members of the Board shall be appointed by the President of the
Philippines for a term of six (6) years. Of those first appointed, two
members shall hold office for six years, two members for four years,
and the last member for two years. Appointment to any vacancy shall
be only for the unexpired term of the predecessor. In no case shall any
Member be appointed or designated in a temporary or acting capacity.
Any member of the Board may be removed by the President for
inefficiency, neglect of duty, malfeasance in office or any other legal
cause.

No member of the Board shall concurrently hold any other
government office or position, or be employed in any government-
owned or controlled corporation or entity or any private, business
enterprise whose interest may be in conflict with the Board’s function
and duties.

The Chairman shall be the chief executive officer of the Board
Three (3) members of the Board shall constitute a quorum for the
transaction of any function of the Board.

The Board shall establish and maintain distinct and appropriate
staffed bureaus, divisions, or offices to investigate and report on
accidents involving each of the following modes of transportation: (a)
aviation; (b) maritime; and (c) overland including railroad and tracked
vehicles.

SEC. 6. Office of the Executive Director. - The Board shall
have an Executive Director who shall be appointed by the President of
the Philippines upon recommendation of the Board. The Managing
Director shall have the following functions:

(1) Assist the Chairman in the discharge of his functions as
executive and administrative head of the Board;

(2) Coordinate and direct the activities of the staff and is
responsible for the day-to-day management of the affairs and
activities of the Board;


(3) Recommend and develop plans to achieve the Board’s
objectives; and

(4) Provide secretariat services to the Board.

SEC. 7. Compensation. -The salary of the Chairman and the
members of the Board shall be the same as those of the Chairman and
Members of the different Constitutional Commissions. The salary of the
Chairman and Members of the Board shall not be decreased during
their tenure.

SEC. 8. Personnel. - Subject to civil service laws, rules and
regulations, the Board is authorized to select, appoint, employ, and fix
the compensation of such officers and employees, including
investigators and attorneys, as shall be necessary to carry out its
powers and duties.

SEC. 9. Duties and Powers of the Board. - The primary
function of the Board is to promote safety in transportation.

(A) Duties of the Board. - The Board shall:

(1) Investigate and determine the facts, conditions, and
circumstances and the cause or probable cause or causes of any air,
overland and maritime accidents.

Nothing herein shall prevent the Board from making further
inquiries on accidents already investigated by existing accident-
investigating bodies.

Furthermore, the Board may require the submission of their
records, reports, findings and recommendation of past investigation.

The Board shall be the primary government body to conduct
accident investigations under its jurisdiction. Other agencies mandated
to investigate concurrently such accidents shall coordinate with the
Board in the performance of its functions. In addition, it shall give full
support to the actions and policies dictated by the Board during the
conduct of such investigations.

(2) Report on the facts, conditions, and circumstances of each
accident investigated pursuant to paragraph (1) of this subsection and
cause such reports to be made available to the public;

(3) Issue periodic reports to Congress and government agencies
concerned with transportation safety;

(4) Make transportation safety recommendations to national
agencies and private organizations to reduce the likelihood of
recurrences of transportation accidents;

(5) Initiate and conduct special studies and investigations on
matters pertaining to safety in transportation;


(6) Assess and evaluate techniques and methods of accident
investigation and prepare and publish from time to time recommended
procedures for accident investigations;

(7) Evaluate and publish the findings of the Board with respect
to the transportation safety consciousness and effectiveness in
preventing accidents of other government agencies, as well as
promote transportation safety consciousness in both the national and
local government;

(8) Evaluate the adequacy of safeguards and procedures
concerning the transportation of hazardous materials and the
performance of carriers and other government agencies charged with
assuring the safe transportation of such materials;

(9) Prepare and submit annual reports which shall include
specific proposals for corrective legislation to the Department of
Transportation and Communications, with copies simultaneously
furnished to the appropriate committees of the Senate and House of
Representatives;

(B) Powers of the Board. —

(1) The Board may conduct such hearings, sit and act as such
times and places, administer such oaths and require by subpoena or
subpoena duces tecum the attendance and testimony of such
witnesses and the production of such evidence as the Board or such
officer may deem necessary. Subpoenas shall be issued under the
signature of the Chairman and may be served by any person
designated by the Chairman.

(2) Any employee of the Board, upon presenting appropriate
credentials and a written notice of inspection authority, is authorized
to enter any property where a transportation accident has occurred, or
where wreckage is found, or where any such accident is located, and
do all things necessary for the proper conduct of investigation. The
employees may inspect, at a reasonable time, records, files,
Processes, controls and facilities relevant to the investigation of such
accident. Each inspection shall be commenced and completed with
reasonable promptness and the results of such inspection be made
available to the concerned parties.

(3) The Board shall have the power to cite for contempt any
person in case of contumacy or refusal to obey a subpoena, an order,
or an inspection notice of the Board or any duly designated employee
thereof.

(4) The Board is authorized to enter into such contracts, leases,
cooperative agreements, or other transactions as may be necessary in
the conduct of the functions and the duties of the Board under this
Section, with any government entity or any person.

(5) The Board is authorized to:


(a) Use, on a reimbursable basis or otherwise, when appropriate,
available services, equipment, personnel and facilities of the
Department of Transportation and Communication, the Department of
National Defense, the Department of Interior and Local Government,
the Department of Public Works and Highways and other agencies and
instrumentalities of the government in the conduct of its investigation.

(b) Employ recognized experts and consultants on the accidents
under investigation who shall be paid by compensation fixed by the
Board: Provided, That no more than two consultants shall be
appointed for each incident being investigated.

(c) Accept voluntary and uncompensated services
notwithstanding any other provision of law; and

(d) Accept gifts or donations of money or property, whether real
or personal.

(6) Establish such rules and regulations as may be necessary to
the exercise of its powers and functions under this Act.

SEC.10. Seal. -The Board shall have a seal which shall be
Officially recognized .

SEC. 11. Annual Report. - The Board shall report to Congress
on the second week of August of each year. Such report shall include,
but not limited to-

(1) a statistical and analytical summary of the transportation
accident investigations conducted and reviewed by the Board during
the preceding calendar year;

(2) a survey and summary, in such detail as the Board deems
advisable, of the recommendations made by the Board to reduce the
likelihood of recurrence of such accidents together with the observed
response to each recommendation;

(3) an appraisal in detail of the accident investigation and
accident prevention activities of other government agencies charged
by law with responsibility in this field; and

(4) a biennial appraisal and review and recommendations for
legislative and administrative action with respect to transportation
safety.

SEC. 12. Appropriations. -The Board shall have an initial
appropriation in the amount of Thirty Million Pesos (P 30,000,000.00)
to finance its operation for the first year to be appropriated out of the
Contingent Fund of the Office of the President and thereafter any such
amount shall be incorporated in the annual General Appropriations Act.


i)
SEC. 16. Separability Clause. - Any portion or provision of this
Act which may be declared unconstitutional shall not have the effect of
nullifying other portions or provisions hereof, as long as such
remaining portions or provisions can still subsist and be given effect in
their entirely.

i)

SEC. a Repealing Clause. - All laws, decrees, orders,
proclamation, rules and regulations, or parts thereof, which are
inconsistent with any of this Act are hereby repealed, amended, or
modified accordingly.

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SEC. as. Effectivity. - This Act shall take effect fifteen (15)

days after its publication in at least two (2) newspapers of general
circulation.

Approved,