RECEIVED
AUG 2016

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRES:
First Regular Session

270

HOUSE BILL NO.

REQISTR ATION UNIT
BILLS aNd WKOEX STAVICE

Introduced by Rep. Winston “Winnie” Castelo

EXPLANATORY NOTE

Scientific studies show sleepiness fram 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 peopie
‘can have 2 performance-impairing increase in reaction time that will hinder stopping in fime to
avoid a collision (Dinges, 1995). Even small decrements in reaction time can have a profound
effect on crash tisk, particularly at high speeds.

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

Dinges, 1994)

'* Deficits in information processing. Processing and integrating information takes longer, the
accuracy of shori-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 copin nses, sleep comes quickly (Mitier et al.,
1988, National Transportation Safely Board, 1895 (USA).

in the 1996 appropriations bili 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
(http:/fwww.nhtsa.govipeople/injuryidrowsy_driving 1/drowsy.fitmifii BIOLOGYOFHUMANSLEEP).

Citing the foregoing data, the author imperatively prescribes a punitive poliey in which op
of public utility vehicles are penalized for employing a driver more thar’ 8 hours per day. Stdgies
further indicate that 8 hours is the perceived maximum potential for drivers to stay alert, Henge

i
«nf CASTELO

HOUSE IF REPRESENTATIVES



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS.
First Regular Session

HOUSE BILL NO. _2703

introduced by Rep. Winston “Winnie” 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 of 2016,”

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 penaity 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 vioiation results in slight physicai 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 resuits in iess 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 2 fine of One Million Pesos
(Php1,000,000.00),


in case the PUV operator's vioiation results in death, permanent disability or mutilation of
any body part of any party, the penalty to be imposed shail 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 shail 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 heid
invalid or unconstitutional, the other provisions not affected by such declaration shall remain in
full force and effect.

SEC. 7. Repealing Ciause ~ All iaws, 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 shail take effect fifteen (15) days following its publication in
the Official Gazette or in at least two (2) newspapers of general circulation,

Approved,