Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

SIXTEENTH CONGRESS
RY
* inpex PY

First Regular Session

House BillNo.__ 04

Introduced by Hon. Rodolfo G. Biazon

EXPLANATORY NOTE

Webster’s dictionary defines “disaster” as a sudden calamitous event producing great
material damage, loss and distress. It is a disturbing fact that disasters have remained a
constant problem in the transportation industry, be it air, land or sea. Needless to say, these
tragedies cause so much unnecessary damage to lives and properties.

When transportation accidents happen, investigations are normally undertaken by the
very same government agencies that may have been remiss in their duties in the first place.
To address this problem and to advance transportation safety consciousness, there is an
urgent need to create the 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, land and marine transportation accidents, to include railway and pip.
systems, for the effective promotion of safety and prevent loss of life and property. Briefly,
the mission of this Board is to engage in the investigation and determine 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.

No government agency can properly perform such function unless it is totally separate
and independent from any other department, bureau, commission, or agency. The current


regulatory agencies involved in the transport industry cannot be expected to conduct a
thorough and impartial investigation on any major accident for the simple reason that such
agencies may be themselves liable due to the improper or lack of implementation of pertinent
laws, rules and regulations regarding safety.

‘The importance and necessity of a 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.

Therefore, the passage of this bill is strongly recommended.

RODOLFO @ BIAZON
Representative
Lone District, Muntinlupa City


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City
SIXTEENTH CONGRESS

First Regular Session

House Bill No. 04

Introduced by Hon. Rodolfo G. Biazon

=.

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 I. Short Title. — This act shall be known and cited as the "National
Transportation Safety Board Act.”

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
Offfice 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;

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


(@) 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.

‘The 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,
‘wo 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
ion, or be employed in any government-owned or controlled corporation of entity or any
in conflict with the Board’s function and

pe
private, business enterprise whose interest may bi
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 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:

(J) 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 concemed 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 pert
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; and

(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 at 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 an 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
contumacy or refusal to obey a subpoena, an order, or an inspection 1
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;


ept voluntary and uncompensated services notwithstanding any other
jion 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:

(J) 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 any other provision of law 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.

Sec 13, 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
n their entirely.

Sec. 14. 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.

Sec. 15. Effectivity. - This Act shall take effect fifteen (15) days after its publi
at least two (2) newspapers of general circulation,

Approved,