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DATE:

Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

Seventeenth Congress
First Regular Session

HOUSE OF REPRESENTATIVES
H.B. No.

Introduced by Representative H. Harry L. Roque Jr.

EXPLANATORY NOTE
‘Traffic accidents involving public utility vehicles must be prevented. Studies show that a
Person under the influence of prohibited or regulated drug or alcohol suffers from certain
Psychological and mental defects including paranoia, hallucinations, drowsiness, and loss of
consciousness, These defects make the person unfit to drive a public utility vehicle.
In the interest of public welfare and safety, there is a need to test drivers of public

utility vehicles for alcohol or drug use."

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H. HARRY L. ROQUE JR.

* This bill was originally filed by Senator Miriam Defensor Santiago during the Sixteenth Congress, First
Regular Session.


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
First Regular Session

HOUSE OF REPR ATIVES
H.B. No.

Introduced by Representative H. Harry L. Roque Jr.

AN ACT
PROVIDING FOR DRUG AND ALCOHOL TESTING FOR DRIVERS
OF PUBLIC UTILITY VEHICLES
Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:
SECTION 1. Short Title. — This Act shall be known as the “Drugs and Alcohol

Testing for Drivers Act.”

SECTION 2. Declaration of Policy. ~ It is the policy of the State to promote and
maintain safety in highways and roads and to prevent accidents involving drivers under the
influence of alcohol or prohibited or regulated drug.

SECTION 3. Definition of Terms. — As used in this Act, the term:

(A) “Drugs” mean any of the prohibited or regulated drugs as defined in Republic
Act No, 6425, as amended, also known as the Dangerous Drugs Act.

(B) “Alcohol” means ethyl alcohol, ethanol or spirits of wine, including all
dilutions, purifications and mixtures thereof, from whatever source by whatever process
produced and shall include whisky, brandy, rum, gin, tequila, and vodka, and other similar

products or mixtures.


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(C) “Public utility vehicle” means any vehicle used in the business of carrying or
transporting passengers or goods or both, over land.

(D) “Secretary” means the Secretary of Transportation and Communication.

(E) “Operators of public utility vehicles” mean the owners of vehicles engaged in
the business of carrying or transporting passengers or goods or both over land.

SECTION 4. Duty of the Secretary of Transportation and Communication. — In the
interest of safety, the Secretary shall prescribe regulations and issue orders to establish a
Program requiring—

(A) Operators of public utility vehicles to conduct pre-employment, reasonable
Suspicion, random and post accident testing of all their drivers for the use of alcohol or
Prohibited or regulated drug: and

(B) Suspension or dismissal of any driver found:

(1) To have used or been impaired by alcohol when on duty; or
(2) To have used a regulated or prohibited drug, whether or not on duty,
‘except as allowed for medical purposes by law or regulation or order.

(C) When the Secretary of Transportation considers it appropriate in the interest of
safety, the Secretary may prescribe regulations and issue orders requiring operators of public
utility vehicles to conduct periodic testing of their drivers for the use of alcohol or prohibited
or regulated drug

SECTION 5. Testing and Laboratory Requirements. ~ In carrying out this Act, the
Secretary of Transportation shall develop requirements that shall:
(A) Promote, to the maximum extent practicable, individual privacy in the

collection of specimens.


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(B) For laboratories and testing procedures for regulated or prohibited drugs, in
consultation with the Department of Health:

(1) Comprehensive standards for every aspect of laboratory controlled
‘substances testing and laboratory procedures to be applied in carrying
out this section, including standards requiring the use of the best
available technology to ensure the complete reliability and accuracy of
controlled substances tests and strict procedures governing the chain of
custody of specimens collected for drug testing;

(2) The minimum list of regulated and prohibited drug for which
individuals may be tested; and

(3) Appropriate standards and procedures for periodic review of
laboratories and criteria for certification and revocation of certification
of laboratories to perform controlled substances testing in carrying out
this Act;

(C) Require that a laboratory involved in drug testing under this Act have the
capability and facility at the laboratory, of performing screening and confirmation tests;

(D) Provide that all tests indicating the use of alcohol or drugs be confirmed by a
scientifically recognized method of testing capable of providing quantitative information
about alcohol or regulated and prohibited drugs;

(E) Provide that each specimen be subdivided, secured, and labeled in the
Presence of the tested individual and that a part of the specimen be retained in a secure
manner to prevent the possibility of tampering.

(F) Ensure appropriate safeguards for testing to detect and quantify alcohol in
breath and body fluid samples, including urine and blood, through the development of
regulations that may be necessary and in consultation with the Secretary of Health.


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(G) Provide for the confidentiality of test results and medical information, other
than information about alcohol or a drug, of employees, except that this clause does not
prevent the use of test results for the orderly imposition of appropriate sanctions; and

(H) Ensure that employees are selected to undergo tests by nondiscriminatory and
impartial methods, so that no employee is harassed by being treated differently from other

‘employees in similar circumstances.

SECTION 6, Penalty for Violation. ~ Any operator of a public utility vehicle who
Violates the provisions of this Act and its implementing rules shall be penalized with
suspension of their franchise and Certificate of Public Convenience and Necessity (CPCN)
for the first violation. Upon second and subsequent violations, their franchise and CPCN shall
be cancelled.

SECTION 7. Separability Clause. — If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain
valid and subsisting

SECTION 8. Repealing Clause. — Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule, or regulation contrary to or
inconsistent with the provisions of this Act is hereby repealed, modified, or amended
accordingly.

SECTION 9. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,