Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session
24

HOUSE BILL NO. _

Introduced by Hon, Jerry P, Trefias

EXPLANATORY NOTE,

It is well settled that public utility vehicles engaged in the transportation of persons are common
carriers which must exercise extraordinary diligence.' Under the Civil Code, common carriers, from the
nature of their business and for reasons of public policy, are bound to observe extraordinary diligence for the
safety of the passengers transported by them, Unfortunately, our common carriers, especially the drivers and
operators of bus companies, have failed to exercise the extraordinary diligence required of them.

‘The news of the fatal crash of a bus traveling along the South Luzon Expressway (SLEX) skyway
which killed more than 20 people in Parafiaque City is shocking and appalling. Logic would dictate that the
bus drivers and operators should have leamed their lesson after a similar incident occurred on the skyway in
2011, Moreover, the countless of cases of buses being involved in high speed vehicular accidents in
Commonwealth Avenue and EDSA, as well as in provincial roads all over the archipelago, should have
deterred the public utility bus drivers from rumning their vehicles beyond the speed limits.

If we leave it to the discretion of our public utility bus drivers, they would most certainly continue to
drive their vehicles with reckless abandon. There have been too many victims, too many innocent lives lost
because of the undisciplined driving of the public utility drivers and the inability, or rather, unwillingness of
‘bus companies to police their ranks and to discipline their own drivers

This proposed legislative measure takes the discretion to over-speed away from the drivers by
mandating the installation of speed limiters in all of the public utility buses in the country, which would limit
the maximum speed of buses to 60 KPH.

The legislated installation of speed limiters was already proven to be effective in the United
Kingdom. In addition, the European Union is already mulling the installation of speed limiters in all
automobiles to lessen deaths and injuries caused by high speed vehicular accidents. It must be also noted that
the Department of Transportation and Communications (DOTC) already tried to initiate a mandatory 40
KPH limit for buses in the previous year, and that Representatives Rufus B. Rodriguez, Michael M. Velarde
and William Irwin Tieng have proposed similar legislative measures in the 15" Congress

It is necessary to take drastic steps to prevent road mishaps caused by pver-
of the foregoing, the approval of this legislative measure is highly recommend

pAyding buses. In view

* Article 1755, Civil Code of the Philippines; Batangas Transportation Company vs Caguimbal et al., G.R. No. L-22985
(1968); Brito Sy vs Malate Taxi, G.R. No. L-8937 (1957); R Transport Corporation vs Pante, G.R. No. 162104 (2009)


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. __ 3624 xa

Introduced by Hon, Jerry P. Treitas

AN ACT REQUIRING TH)
UTILITY BUSES, PROVIE

INSTALLATION OF SPEED LIMITERS ON ALL PUBLIC
NG PENALTIES FOR VIOLATIONS THEREOF AND FOR
OTHER PURPOSES.

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

Section 1. Declaration of Policy, ~ Itis the policy of the State to protect its citizens from
vehicular accidents and to strictly enforce the requirement for all public utility vehicles to
exercise extraordinary diligence in the transportation of persons

Section 2. Mandatory Installation of Speed Limiters. — All bus companies with franchises
to operate public utility buses in the Philippines, plying city and provincial routes, are mandated
to install speed limiters on all public utility buses, limiting the maximum speed to 60 kilometers
per hour. The cost of the speed limiters and of the installation of the devices shall be borne
exclusively by the bus companies

Section 3. Accreditation of Speed Limiters. - The Department of Transportation and
Communications (DOTC), through the Land Transportation and Franchising Regulatory Board
(LTERB) and the Land ‘Transportation Office (LTO), shall identify accredited producers,
suppliers and sellers of speed limiters, and only accredited speed limiters shall be installed in
public utility buses, The DOTC and the LTFRB shall regularly inspect the speed limiters
produced and sold by accredited sources in order to ensure its quality and reliability

Section 4. Requirement for Franchise Approval and Registration, - ‘The installation of
speed limiters in all of the vehicles of a bus company is a mandatory requirement for the
issuance of a new franchise or for a renewal of franchise to operate public utility buses in the
Philippines. The LTFRB shall inspect the speed limiters of all of the vehicles of a bus company
and ensure that these devices are properly functioning before allowing a bus company to operate.
The LTO shall inspect the speed limiters before granting a new registration or renewing a
registration of a public utility bus.

Section 5. Exemption from Minimum Speed. - National highways and expressways with
minimum speed limits of 60 kilometers per hour or above shall exempt public utility buses from
the requirement to maintain a minimum speed


32
33
34
35
36
37
38
39
40
a.
42
43

45
46
47
48
49
50
51
52
53
54

Section 6. Penal Provision. ~ A penalty of six (6) months imprisonment and a fine of
‘One Hundred Thousand Pesos (P100,000,00) shall be imposed on any person who tampers with
an installed speed limiter on a public utility bus. The driver and operator of a public utility bus
caught travelling without a speed limiter, regardless of the speed the bus is driven, shall incur the
penalty of one (1) year imprisonment and a fine of Three Hundred Thousand Pesos
(P300,000,00). If the operator is a corporation, the penalty shall be imposed on the president of
the corporation.

Section 7. /mplementing Rules and Regulations. ~The DOTC, LITFRB and the LTO shall
promulgate the rules and regulations to properly implement this Act.

Section 8. Repealing Clause. — All provisions of laws, orders, decrees, including rules
and regulations inconsistent herewith are hereby repealed and/or modified accordingly.

Section 9. Separability Clause. ~ If any part or provision of this Act shall be held
unconstitutional or invalid, other provisions hereof which are not affected thereby shall continue
to be in full force and effect.

Section 10. Efectivity. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a national newspaper of general circulation

Approved,