REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. _ 4005

EXPLANATORY NOTE

This bill seeks to provide a magna carta for tricycle drivers and
operators in the country. This bill has already been approved by the
House of Representatives on its 3 and final reading in the 17%
Congress. On account of the necessity to provide uniform guidelines for
the use of tricycle drivers and operators, this bill is being refiled.

This bill has for its purpose the effective operation and
management tricycles throughout the country. In a country where
tricycles have become a primary mode of transportation, necessity
dictates that we have to revisit laws and regulations governing the
operation and management of tricycle drivers and operators. Local
government units are the primary authority tasked to regulate tricycle
operations and grant franchises. However, tricycle drivers are
geographically separated by regions and are individually set apart by
localized limitations and delimitations. Without an institutionalized
mechanism through which uniform regulations can be appropriately
prescribed, the protection of welfare and of drivers and operators can
never be achieved. For the protection of drivers and operators, so as not
to be subjected to individual and local prejudice, there is a need to
institutionalize a magna carta wherein uniform guidelines will be
followed.

The State recognizes the sanctity of human life. To this end, laws,
rules and regulations are enacted to secure the preservation of life to its
fullest. This legislative measure seeks for the inclusion of motorcycle-for-
hire within the realm and definition of public utility vehicles. Every year,
approximately 1.2 million people around the world die in road traffic
accidents. In the Philippines, motorcycle riders have constantly been the


top victim of road crash injuries since 2010. Unfortunately, most of them
are aged between 15 to 29 years. Road traffic incidents are debilitating
as they expose the riders to injuries, financial loss, and possible death.
Regrettably, motorcycles are not public utility vehicles hence are not
allowed to ply routes without certificates of public convenience, and yet,
they are being used as motorcycles-for-hire in the country. Absent their
status as public utility vehicles, claims arising from accidents will not
give rise to any liability from insurance companies.

Hence, the need to regulate the use of motorcycles as public utility
vehicles to protect the riding public from undue harm.

Accordingly, the approval of this bill is earnestly sought.

TYRONE D. AGABAS
Representative
6 District, Pangasinan


wone

waorvaus

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No, 4005

AN ACT PROVIDING FOR REGULATION OF TRICYCLES,
INSTITUTIONALIZING MECHANISMS FOR ITS IMPLEMENTATION

Be it enacted by the Senate and House of Representative of the Philippines
in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “Magna
Carta for Tricycle Drivers and Operators”

SEC. 2. Declaration of Policy. - It is the policy of the State;

b)

e)

To promote and improve the total well-being of the members
of the tricycle sector particularly the marginalized low-level
income earners by providing them with adequate and timely
social, economic and legal services, as well as mechanism
that shall protect their rights and promote benefits that
ensure their dignified existence and economic advancement;

To recognize, promote, protect and fulfill the rights of every
member of the tricycle sector including the right to self-
organization, the right to decent work, just and humane
working conditions, access to social protection, and the right
to represent their organizations in a continuing process of
consultation and dialogue towards maximizing the provision
of a comprehensive package of reforms, interventions, and
services in accordance with their articulated needs and
interests;

To give the highest priority to the enactment of measures
that protect and enhance the rights of all people to human
dignity, reduce social, economic and political inequalities
and remove cultural inequities by diffusing wealth and

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d)

e)

8)

political power for the common good and to provide
environments at national and local levels that enable all
workers to fully develop into productive and responsible
citizens.

To recognize the roles and contributions of members of the
tricycles sector, make them visible in the national and local
statistics and develop the local economy by maximizing their
potential;

To promote gender equity and equality through elimination
of gender stereotypes attached to this sector, redefining
tricycle drivers as not merely males but also females and
protecting the women workers against gender-based
discrimination, exploitation, violence and abuse;

To protect vulnerable groups in the sector such as the
elderly and differently-abled persons from safety issues,
discrimination, and harassment; and

To eliminate child labor in the tricycle sector through
effective enforcement of laws against child labor and the
creation of more quality jobs for adults.

SEC. 3. Framework and Principles. - Local Government Units
(LGUs) shall pursue and implement a comprehensive, rights-
based, participatory and gender responsive framework for
members of the tricycle sector that includes:

b)

d)

SEC.4. Definitions - As used in this Act:

Putting in place policies and programs that will bring
members of the tricycle sector to the economic and social
mainstream;

Pursuing structural reforms in all relevant levels of LGUs by
creating committees, special offices for development and
protection of members of the tricycle sector and supporting
their representational rights through their organizations;

Extending coverage of accessible and affordable social
security and health care benefits to workers in the tricycle
sector; and

Exacting responsibility on the part of the tricycle sector
members: Provided that the State shall recognize their rights
and put in place responsive, transparent and accountable
mechanisms to ensure the protection, promotion and
realization of those rights.

fa) Colorum - refers to a

private vehicle operated as a public utility without the benefit of a

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valid and existing special permit, provisional authority, or
franchise.

(b) Motorist Awareness Program - refers to any information or
public awareness program designed to enhance on the presence of
tricycles on or near roadways.

(c) Motorized Tricycle Operators Permit (MTOP) - refers to the
permit that authorizes the holder to operate a tricycle for public
transport;

(4) Sanggunian - refers to the sangguniang panlungsod or the
sangguniang bayan, as the case may be;

(e) Tricycle - refers to a a motor vehicle composed of a
motorcycle fitted with a single-wheel sidecar, or a motorcycle with
a two wheel rear cab, the former having a total of three wheels and
the latter having a total of four wheels, otherwise known as the
motorela.

(} Tricycle Drivers Safety Program - refers to any formal
program of instruction that provides accident avoidance,
compliance to road safety laws and best practices and other safety-
oriented operational skills to tricycle drivers, including innovative
training to meet unique regional needs.

(g) Tricycle Operators and Drivers’ Association or TODA -refers to
the organization of tricycle operators and drivers recognized by an
LGU.

(h) Tricycle Sector - refers to a group consisting of drivers and
operators of tricycles for public transportation in the Philippines.

SEC. 5. Tricycle Operating Requirements, Tricycle shall be operated
subject to the following:

(a) Subject to the guidelines to be prescribed by the Department
of Transportation (DOT:), the Land Transportation Office
(LTO) and the Land Transportation Franchising and
Regulatory Board (LTFRB), the cities and municipalities shall
have the power to regulate the operation of tricycle and grant
permits for the operation thereof within their territorial
jurisdiction. Before it can issue the MTOP, the concerned
LGU is required to submit a tricycle operation plan which
includes, among others, the tricycle routes and zones,
designation of terminals and maximum number of tricycles
operating within their jurisdiction. Such plan shall be
subject to the approval of the DOTr and must comply with
the guidelines promulgated therefor with the end goal of

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(b)

)

(e)

(h)

ensuring overall efficiency, integration and safety of the
transportation system.

For safety reasons, no tricycle shall operate on national
highways utilized by 4-wheel vehicles greater than four (4)
tons and where normal speed exceed forty (40) kilometers
per hour. However, the concerned Sanggunian may provide
exceptions if there are no transportation services or modes
servicing the said route, either along the highway or crossing
the same, other than tricycles, subject to the approval of the
DOTr: Provided, however, That when such operation is
allowed, the LGU is mandated to provide appropriate
signage’s, marks or lanes and other safety features to guide
and protect the tricycles utilizing the highways.

Operators shall employ only drivers possessing professional
licenses duly issued by the LTO. For this purpose, the LTO
shall issue guidelines, including theoretical and practical
examinations, appropriate for drivers of tricycles.

The LTO shall ensure the roadworthiness of tricycles before
registration or renewal of registration, including compliance
to environmental laws. In coordination with motorcycle and
tricycle manufacturers and the Department of Trade and
Industry (DTI), the LTO shall formulate safety standards and
the allowable designs and modification, taking into
consideration the needs of the vulnerable groups, and
determine the limitations on passegers and weight or load
capacity. Such limitations shall be indicated on the body of
the tricycles.

Zones must be within the boundaries of the concerned city
or municipality. However, existing operating zones traversing
two (2) or more LGUs shall be maintained: Provided, that
operators serving said zones shall secure the necessary
MTOP from each of the LGU having jurisdiction over the
covered areas.

An LGU may adopt a common color coding scheme for
tricycles operating in the same zone. Each unit shall be
assigned and bear an identification number, aside from its
license plate number issued by the LTO.

An operator wishing to completely terminate its service
should report in writing such termination to the Sanggunian
which originally granted the MTOP.

‘The MTOP shall be valid for three (3) years, renewable for the
same period. Transfer to another zone, change of unit or

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transfer of the MTOP shall be construed as an amendment to
an MTOP and shall require appropriate approval of the
concerned Sanggunian.

(i) A tricycle shall be allowed to operate like a taxi service
where, aside from rendering services in the designated
terminals, the tricycle can be flagged-down or engaged by
passengers on the road within its authorized zone of
operation. The concerned LGUs shall impose no other
additional requirement for tricycle operation, except those
provided under this Act.

SEC. 6. Registration and Issuance of the MTOP. - There shall be a
simple system and procedure for registration and issuance of the
MTOP in accordance with the framework and principles of this Act.
The registration fee for the application for an MTOP, which shall be
valid for a three-year period, shall not exceed one thousand pesos
(PhP1,000.00). The said fee shall cover the cost of the issuance of
the MTOP, the filing fee, franchise fee, inspection fee, fare
adjustment fee, amendment, regulatory, and all other fees. No
other fees shall be exacted from the tricycle sector business
activities or enterprise other than the registration fee as mentioned
above.

‘The LGU may increase or adjust the fee herein imposed once
every five (5) years: Provided, That in no case shall the increase be
more than 10% of the prevailing amount.

SEC. 7. Tricycle Sector One-Stop Shop Center. - All cities and
municipalities shall establish a Tricycle Sector One-Stop Shop
Center which shall handle all transactions and processing of the
business permit applications within their respective jurisdiction.
The Center shall ensure that the processing of the MTOP of the
members of the tricycle sector shall commence on the day of their
application and the registration shall be released within thirty six
(36) hours upon submission of the complete requirements. To
facilitate efficient and expeditious processing of the MTOP
applications, the LGUs shall also formulate a uniform and simple
checklist of requirements for registration such as valid proof of
identity (barangay clearance, certificate of residency, etc.) and
flowchart of the procedure of registration. The LGUs shall also be
responsible in translating the checklist of requirements and
flowchart of procedure of registration in their local dialect. The
LGUs shall cause the posting of the checklist and flowchart of
procedure of registration in at least three (3) conspicuous areas,
preferably public areas, in the community and cause the
publication of the same in the local newspaper if there is any.

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SEC. 8. Rights and Benefits of Workers in the Tricycle Sector.-The
members of the tricycle sector shall have the following rights:

(a) Self-organization to collectively negotiate with government
and other entities in the promotion of their welfare and
advancement of their interests free from any political
interference or favor;

(b) Informed participation in decision-making processes relevant
to concerns of their sector through their legitimate
organizations. Towards this end, they shall be represented in
all public hearings for laws, ordinances, or regulations that
will affect their sector;

(c) Safe working conditions with access medical care services
and Insurance;

(4) Freedom from any form of discrimination, violence,
exploitation or harassment;

(e) Freedom from deprivation of property without valid cause
and due process of law;

() Equal access to information on how to safeguard their rights
according to law;

(g) A driver shall not be forced or engaged to work in any
hazardous work, activity or undertaking, or be exposed to
hazardous working conditions; and

(h) A member of the tricycle sector shall be protected from any
act of interference, coercion, extortion, bureaucratic red
tape.

SEC. 9. Government Support to Tricycle Sector. - All concerned

national government agencies, government financial institutions,

and LGUs shall include in their plans, programs, projects and
activities efforts that are supportive of the foregoing rights and

other concerns of the tricycle sector. Each LGU shall also create a

grievance mechanism to deal with the concerns of the members of

the tricycle sector.

SEC. 10. Mandatory Membership in SSS and Philhealth. - The
Social Security System (SSS) and the Philippine Health Insurance
Corporation (PhilHealth) shall, within ninety (90) days from the
effectivity of this Act, promulgate guidelines for the mechanism of
collecting premiums from members of the tricycle sector. The SSS
shall also inform its members from the tricycle sector of services
and loans that they can avail of.

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SEC. 11. Role of a Local Government Unit.— Subject to the operating
conditions in Section 5 of this Act and the guidelines to be
promulgated by the DOTr, LTO and LTFRB, cities and
municipalities shall have the following responsibilities:

(a)

(b)

(e)

(a)

An LGU, in coordination with its Informal Sector Local
Development Office, after consultation with the transport
groups, the affected community, and other stakeholders,
shall identify and designate viable routes and terminals of
tricycle within the city or municipality. Viable terminals shall
be in proximity to public buildings, public markets,
commercial districts, or commercial establishments and
other places which the public frequently visits.

‘The Sanggunian shall, within 90 days after the survey and
pursuant to the recommendation of the Informal Sector
Local Development Office, pass an ordinance designating the
routes and the terminals of tricycles as specified in this Act.
However, no designation of terminal shall be conducted
without prior consultation with the tricycle sector, the
affected inhabitants and other sectors.

An LGU, which has already established or designated
routes and terminals of tricycles prior to this Act is deemed
to have complied with this provision of this Act: Provided,
that the aforesaid establishment or designation of terminals
have been undertaken after consultation with the relevant
parties.

In coordination with the DOTr, LTO and public and private
stakeholders, LGUs shall implement a tricycle maintenance
program. This shall be done by providing the existing TODAs
within their jurisdiction, training and instruction on
preventive and periodic maintenance in tandem with the
Development of Science and Technology (DOST) and other
private institutions.

Vocational education on auto-mechanics and related courses
like engine repair and maintenance shall also be offered by
the LGU to the members of the tricycle sector, in
coordination with the Department of Labor and Employment
(DOLE) and the Technical Education and Skills Development
Authority (TESDA).

With the new program of DOLE and TESDA, LGUs
shall also provide for alternative livelihood and skills-training
program, to allow tricycle drivers to explore more
economically rewarding sources of income.

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(e) There shall be a conduct of a mandatory Tricycle Drivers
Safety Program at the LGU level. The content and structure
of the Tricycle Drivers Safety Program shall be formulated by
the DOTr, LTO, LTFRB and other relevant government
agencies. The LGU shall require all tricycle drivers within its
jurisdiction to undergo this orientation. To complement this,
the LTO and LTFRB shall include a Motorist Awareness
Program in all its safety trainings.

() ‘The LGUs, in coordination with law enforcement agencies,
shall prevent the proliferation of illegal or Colorum tricycle
units.

(g) The LGU, in coordination with the DOLE and other
concerned agencies, shall ensure the regular conduct of
seminars to prevent the unlawful employment of children as
tricycle drivers and the gender based discrimination in
granting driver’s license.

(h) The LGU are also hereby empowered to provide in its
ordinance or as terms or condition in the MTOP or franchise
issued, additional acts of violation, whether relating to
existing laws, rules and regulations or to the treatment of
tricycle passengers and the penalties therefor in accordance
with the operation of tricycles within their respective
jurisdiction.

SEC 12. Phase-in of More Efficient Engines. - Within thirty (30)
days from the effectivity of this Act, the DOTr and the DOST shall
implement a continuing program to encourage manufactures to
develop more efficient engines and cleaner technologies to be used
by the tricycle sector. The DTI-Bureau of Product Standards shall
prescribe the standards and specifications for tricycle engines to be
observed by the tricycle sector in pursuit of cleaner technologies
and in accordance with Republic Act No. 8749, otherwise known as
the Clean Air Act.

SEC. 13. Penalties — a) A public officer or employee who acts in
violation of Sections 2705, 6, or 7 hereof shall, in addition to
administrative and criminal liability under existing laws, be
penalized with one-month to six-month suspension from office, at
the discretion of the court.

b) A driver who operates a tricycle without the necessary MTOP
to be observed by the tricycle sector in pursuit of cleaner
technologies and in accordance with Republic Act 8479, otherwise
known as the Clean Air Act”, including any who incurs
delinquency in payment of fees that is tantamount to an

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incomplete application for an MTOP, operates in highways without
valid authorization as mentioned in Section 5 (b) hereof transports
passenger and/or goods beyond the limitations on the number of
passengers and on load capacity, or operates a tricycle not
compliant with environmental laws shall be punished by a fine of
not less than five hundred pesos (PhP500.00) but 283 not — more
than Two thousand pesos (PhP2,000.00) or the impoundment 284
of the tricycle by an enforcement agency for a period of two (2)
months.

©) An operator who operates without the necessary MTOP or
authority to operate in highways employs a driver without the
requisite license to drive a tricycle including those below the age of
majority or allows a driver to operate a tricycle that is not
roadworthy or with unauthorized modification affecting vehicle
safety, shall be punished by a fine of not less than Five hundred
pesos (PhP500.00) but not more than Two thousand pesos
(PhP2,000.00) or the impoundment of the tricycle by an
enforcement agency for a period of two (2) months. The second and
succeeding offenses shall warrant the revocation of the MTOP or
franchise and the perpetual disqualification from being issued said
privilege.

d) Any person who shall willfully interfere with, restrain or
coerce any member of the tricycle sector in the exercise of rights or
shall in any manner act in violation of Section 8 of this Act shall,
upon conviction be punished by a fine of not less than Fifty
thousand pesos (PhP50,000.00) but not more than Five hundred
thousand pesos (PhP500,000.00) or imprisonment not exceeding
(1) year or both at the discretion of the court. If the offender is a
public official, the court may, in addition to the penalties provided
in the preceding paragraph, impose the penalty of disqualification
from office.

SEC. 14. Implementing Rules and Regulations. - The DOTr, in
coordination with the LTO, LTFRB, the SSS, PhilHealth, DOLE,
TESDA, DOST, DTI and the Department of the Interior and Local
Government, shall issue the implementing rules and regulations
(IRR) of this Act within Ninety (90) days from its effectivity. The IRR
shall include the guidelines for the allocation of the fund for
subsidizing the SSS or Philhealth premiums of the members of the
tricycle sector and the programs that will benefit them.

SEC. 15. 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.

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SEC. 16. Repealing Clause - Any law, presidential decree or
issuance, executive order, letter of instruction, administrative
order, rule, ordinance, or regulation contrary to or inconsistent
with, the provisions of this Act is hereby repealed, modified, or
amended accordingly.

SEC. 17. Effectivity- This Act shall take effect Fifteen (15) days
after its publication in the Official Gazette or in a newspaper of
general circulation.

Approved,

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