Republic of the Philippines
HOUSE OF REPRESENTATIVES,

Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House BILL No. 8771

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

EXPLANATORY NOTE

The law needs specific regulations to keep both motorist and pedestrian safe. If the
law provides specificity in the rules it presents, it creates a culture where both
motorist and pedestrian respect each other on the road and are made accountable
for their own actions, Infrastructure can only do so much in providing for the safety of
the citizens.

This proposed bill intends to enhance the Land Transportation and Traffic Code, or
Republic Act No. 4136, through clarifying the rules on yielding for both motorist and
Pedestrian. It also strengthens the safety of pedestrians through mandating and
specifying their right of way and further provides for the training of erring drivers and
pedestrians alike. The Technical Education and Skills Development Authority shall
conduct the training, and any person who violates the rules shall be required to
undergo the same. Finally, the bill proposes to penalize any person who violates the
right-of-way of pedestrians, in addition to being obligated to undergo re-training in
driving and pedestrian safety

This representation aims to help reduce road accidents through the passage of this
bill. Safety should not be a luxury and traffic woes should not be the norm.

The approval of this bill is earnestly sought.

Luis, |UNI AY” F. VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

SEVENTEENTH CONGRESS
‘Second Regular Session

House Bit No.8771
————
Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.
pa ee ee eee
‘AN ACT
ENHANCING THE SAFETY OF PEDESTRIANS, FURTHER AMENDING

REPUBLIC ACT NO. 4136, AS AMENDED, OTHERWISE KNOWN AS LAND.
TRANSPORTATION AND TRAFFIC CODE 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 as the “Pedestrian Safety Act of
2018.”

SECTION 2. Declaration of Policy. — \t is hereby declared the policy of the State to
provide and ensure safe and convenient pedestrian travel and access, whether by
foot, wheelchair, walker, or stroller. To this end, the State shall provide convenient
and safe passage for pedestrians on and across all streets and highways, increase
levels of walking and pedestrian travel, and reduce pedestrian fatalities and injuries.

SECTION 3. Definition of Terms. — For the purpose of this Act, the following terms
shall be defined as follows:

a. Crosswalk — part of the roadway set aside for pedestrian traffic;
b. Intersection — any place where one line of roadways meets another roadway.
Intersections include cross streets, side streets, alleys, freeway entrances,


and any other location where vehicles traveling on different highways or roads
join each other;

©. Pedestrian - a person on foot or who uses a conveyance such as roller
skates, skateboard, etc., other than a bicycle. A pedestrian can also be a

person with a disability using a tricycle, quadricycle, or wheelchair for
transportation.

SECTION 4. Repeal of Certain Provisions. - Section 42 (c) of Republic Act No.

4136, otherwise known as Land Transportation and Traffic Code, as amended, is
hereby repealed.

SECTION 5. Right of Way of Pedestrians. - A new Article III-A of the Land
Transportation and Traffic Code, as amended, is hereby provided to read as follows:

ARTICLE III-A
RIGHTS OF WAY OF PEDESTRIANS.

SECTION 44-A. RIGHT OF WAY OF PEDESTRIANS —

(a) THE DRIVER OF A VEHICLE SHALL YIELD THE RIGHT-OF-WAY TO A
PEDESTRIAN CROSSING THE ROADWAY WITHIN ANY MARKED
CROSSWALK OR WITHIN ANY UNMARKED CROSSWALK AT AN
INTERSECTION, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION.

(b) THE DRIVER OF A VEHICLE APPROACHING A PEDESTRIAN WITHIN
ANY MARKED OR UNMARKED CROSSWALK SHALL EXERCISE ALL DUE
CARE AND SHALL REDUCE THE SPEED OF THE VEHICLE OR TAKE ANY
OTHER ACTION RELATING TO THE OPERATION OF THE VEHICLE AS
NECESSARY TO SAFEGUARD THE SAFETY OF THE PEDESTRIAN.

(c) NOTWITHSTANDING ANYTHING TO THE CONTRARY, THIS SECTION
SHALL NOT RELIEVE:

(1) A PEDESTRIAN FROM THE DUTY OF USING DUE CARE FOR HIS
OR HER SAFETY. NO PEDESTRIAN MAY SUDDENLY LEAVE A
CURB OR OTHER PLACE OF SAFETY AND WALK OR RUN INTO
THE PATH OF A VEHICLE THAT IS SO CLOSE AS TO CONSTITUTE


AN IMMEDIATE HAZARD. NO PEDESTRIAN MAY UNNECESSARILY
STOP OR DELAY TRAFFIC WHILE IN A MARKED OR UNMARKED
CROSSWALK; AND

(2) A DRIVER OF A VEHICLE FROM THE DUTY OF EXERCISING DUE
CARE FOR THE SAFETY OF ANY PEDESTRIAN WITHIN ANY
MARKED CROSSWALK OR WITHIN ANY UNMARKED CROSSWALK
AT AN INTERSECTION.

SECTION 44-B. REMOVAL OF CROSSWALKS —

(a) AN EXISTING MARKED CROSSWALK MAY NOT BE REMOVED UNLESS
NOTICE AND OPPORTUNITY TO BE HEARD IS PROVIDED TO THE
PUBLIC NOT LESS THAN 30 DAYS PRIOR TO THE SCHEDULED DATE
OF REMOVAL. IN ADDITION TO ANY OTHER PUBLIC NOTICE
REQUIREMENTS, THE NOTICE OF PROPOSED REMOVAL SHALL BE
POSTED AT THE CROSSWALK IDENTIFIED FOR REMOVAL.

(b) THE NOTICE REQUIRED BY SUBDIVISION (A) ABOVE SHALL INCLUDE,
BUT SHALL NOT BE LIMITED TO, NOTIFICATION TO THE PUBLIC OF
BOTH OF THE FOLLOWING:

(1) THAT THE PUBLIC MAY PROVIDE INPUT RELATING TO THE
SCHEDULED REMOVAL; AND

(2)THE FORM AND METHOD OF PROVIDING THE INPUT
AUTHORIZED UNDER PARAGRAPH (1) ABOVE.

SECTION 44-C. NO OVERTAKING AT INTERSECTIONS - WHENEVER ANY
VEHICLE HAS STOPPED AT A MARKED CROSSWALK OR AT ANY UNMARKED
CROSSWALK AT AN INTERSECTION TO PERMIT A PEDESTRIAN TO CROSS
THE ROADWAY, THE DRIVER OF ANY OTHER VEHICLE APPROACHING FROM
THE REAR SHALL NOT OVERTAKE AND PASS THE STOPPED VEHICLE.

SECTION 44-D. SIDEWALKS — THE DRIVER OF ANY MOTOR VEHICLE, PRIOR
TO DRIVING OVER OR UPON ANY SIDEWALK, SHALL YIELD THE RIGHT-OF-
WAY TO ANY PEDESTRIAN APPROACHING THEREON.


SECTION 44-E. UNDERPASS AND OVERPASS - WHENEVER ANY
PEDESTRIAN CROSSES A ROADWAY OTHER THAN BY MEANS OF A
PEDESTRIAN TUNNEL OR OVERHEAD PEDESTRIAN CROSSING, IF A
PEDESTRIAN TUNNEL OR OVERHEAD CROSSING SERVES THE PLACE
WHERE THE PEDESTRIAN IS CROSSING THE ROADWAY, SUCH PEDESTRIAN
SHALL YIELD THE RIGHT-OF-WAY TO ALL VEHICLES ON THE HIGHWAY SO.
NEAR AS TO CONSTITUTE AN IMMEDIATE HAZARD.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, THIS SECTION SHALL
NOT BE TAKEN AS A PROHIBITION AGAINST THE INSTALLATION OF
CROSSWALKS WHERE A PEDESTRIAN TUNNEL OR OVERHEAD CROSSING
EXISTS, SHOULD PUBLIC NECESSITY AND SAFETY DICTATE.

SECTION 44-F. INSTANCES WHERE PEDESTRIANS SHALL YIELD TO
VEHICLES — EVERY PEDESTRIAN UPON A ROADWAY AT ANY POINT OTHER
THAN WITHIN A MARKED CROSSWALK OR WITHIN AN UNMARKED
CROSSWALK AT AN INTERSECTION SHALL YIELD THE RIGHT-OF-WAY TO
ALL VEHICLES UPON THE ROADWAY SO NEAR AS TO CONSTITUTE AN
IMMEDIATE HAZARD, PROVIDED THAT, THE DRIVER OF A VEHICLE SHALL
CONTINUE TO EXERCISE DUE CARE FOR THE SAFETY OF ANY PEDESTRIAN
UPON A ROADWAY.

SECTION 44-G. CROSSING ON CROSSWALKS - BETWEEN ADJACENT
INTERSECTIONS CONTROLLED BY TRAFFIC CONTROL SIGNAL DEVICES OR
BY POLICE OFFICERS, PEDESTRIANS SHALL NOT CROSS THE ROADWAY AT
ANY PLACE EXCEPT IN A CROSSWALK.

SECTION 44-H. ROADWAYS —

(a)NO PEDESTRIAN MAY WALK UPON ANY ROADWAY OUTSIDE OF A
BUSINESS OR RESIDENCE DISTRICT OTHERWISE CLOSE TO HIS OR
HER LEFT-HAND EDGE OF THE ROADWAY.

(b) A PEDESTRIAN MAY WALK CLOSE TO HIS OR HER RIGHT-HAD EDGE
OF THE ROADWAY IF A CROSSWALK OR OTHER MEANS OF SAFELY


CROSSING THE ROADWAY IS NOT AVAILABLE OR IF EXISTING
TRAFFIC OR OTHER CONDITIONS WOULD COMPROMISE THE SAFETY
OF A PEDESTRIAN ATTEMPTING TO CROSS THE ROAD.

SECTION 44-. SOLICITATION OF RIDES —- NO PERSON SHALL STAND IN A
ROADWAY WHICH IS NOT AN AUTHORIZED LOADING AND UNLOADING ZONE
FOR THE PURPOSE OF SOLICITING A RIDE FROM THE DRIVER OF ANY
VEHICLE.

SECTION 44-7. PENALTY —

(a) THE DRIVER OF A VEHICLE THAT VIOLATES THE PROVISIONS OF THIS.
ACT SHALL BE PUNISHED BY A FINE RANGING FROM PHP 10,000.00 TO
PHP 100,000.00;

(b) A PEDESTRIAN FOUND TO BE VIOLATING THE PROVISIONS OF THIS
ACT SHALL BE PUNISHED BY A FINE RANGING FROM PHP 1,000.00 TO
PHP 10,000.00.

THE FINES IMPOSED HEREIN SHALL BE WITHOUT PREJUDICE TO ANY
OTHER CRIMINAL, CIVIL AND ADMINISTRATIVE CASE THAT MAY BE FILED
AGAINST THE OFFENDER.

SECTION 44-K. TRAINING WITH TESDA — ANY PERSON WHO HAVE VIOLATED
THE PROVISIONS OF THIS ACT SHALL BE REQUIRED TO UNDERGO THE
APPROPRIATE TRAINING OR REFRESHER COURSE WITH THE TECHNICAL
EDUCATION AND SKILLS DEVELOPMENT AUTHORITY (TESDA).

SECTION 6. Information Campaign. - The Department of Transportation shall
conduct sustained information and education drives aimed at enhancing pedestrian
and driver education.

The Department of Transportation shall closely coordinate with TESDA for the

establishment of a training program for drivers and motorists consistent with the
provisions of this Act.


SECTION 7. Implementing Rules and Regulations and Standard Forms. - Within
sixty (60) days from the approval of this Act, the Department of Transportation, in
consultation with the appropriate stakeholders and in coordination with different
government agencies that regulate traffic, shall promulgate the implementing rules
and regulations of this Act.

SECTION 8. Funding. - Congress shall allocate adequate funding for the proper
implementation of this Act. In addition, 10% of the Motor Vehicle User's Charge Fund
created under Republic Act No. 8794 shall be allocated for the programs, activities
and projects of the Department of Transportation geared towards pedestrian safety
and driver education.

SECTION 9. Separability Clause. - Should any provision herein be declared
unconstitutional, the same shall not affect the validity of the other provisions of this
Act.

SECTION 10. Effectivity Clause. - This Act shall take effect in fifteen (15) days
after publication in the Official Gazette or in one (1) newspaper of general circulation

in the Philippines.

Approved,