Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

i
HOUSE BILL NO. _~ 3

Introduced by: Rep. RAUL V. DEL MAR

EXPLANATORY NOTE

It is of common knowledge that in cities, municipalities and barangays
in the country, there is a proliferation of motorcycles-for-hire known as habal-
habal or angkas. Habal-habal or angkas has been considered as the most
convenient and cheapest means of transportation of the residents therein for
lack of other means of transportation. Despite the benefits that motorcycles-
for-hire provide, it cannot be denied that their non-regulation poses danger
and risks to the safety and welfare of the riding public. The absence of any
law regulating the operation of motorcycles-for-hire or habal habal or angkas
runs counter to the policy of the State to ensure the safety and welfare of the
public.

The amendment of Section 7 (c) of Republic Act No. 4136 — Land
Transportation and Traffic Code will resolve the existing inadequacies in our
laws and shall promote the safety and welfare of people who patronage
motorcycles-for-hire known as habal-habal or angkas. Any two-wheeled
motor vehicle known as motorcyles-for-hire may be registered with the Land
Transportation Office (LTO) as for hire and may be used as a commercial
vehicle to transport passengers and goods. Application for registration under
this classification shall be accompanied by certificate of public convenience
or a special permit issued by the Land Transportation Franchising and
Regulatory Board (LTFRB). This will ensure that operators and drivers will be
held responsible for the negligent operation of their motorcycles. The same
will likewise prevent abuse from owners, operators and drivers, thus ensuring
low-cost transportation.


It may be stressed that his bill passed on third and final reading in the
House of Representatives last Congress but was not approved by the Senate
for lack of time upon congressional adjournment.

Approval of this bill is earnestly sought.

Bom


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS:
First Regular Session

13
HOUSE BILL NO.

Introduced by Rep. RAUL V. DEL MAR

AN ACT
ALLOWING AND REGULATING THE USE OF MOTORCYCLES AS PUBLIC
UTILITY VEHICLES, AMENDING FOR THIS PURPOSE REPUBLIC ACT NO.
4136, OTHERWISE KNOWN AS THE 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. Title. — This Act shall be known as the "Motorcycles-for-
Hire Act".

SEC. 2. Declaration of Policy. — It is the policy of the Senate to render
basic services to the people and promote their safety and general welfare.
Toward this end, the use of motorcycles as an alternative mode of public
transportation is hereby allowed and regulated in recognition of the need to
provide convenience and ease of commute in urban and rural areas while
ensuring public safety and the efficiency of the transportation system as a
whole.

SEC. 3. Section 3 of Republic Act No. 4136 or the Land Transportation
and Traffic Code is hereby amended by adding a new word which shall be
defined as follows:


XXX

“(N) MOTORCYLES-FOR-HIRE - ANY TWO-WHEELED
MOTOR VEHICLE THAT MAY BE REGISTERED WITH THE LAND
TRANSPORTATION OFFICE AS FOR HIRE AND MAY BE USED
AS A COMMERICAL VEHICLE TO TRANSPORT PASSENGERS
AND GOODS: PROVIDED, THAT, FOR TRANSPORTING
PASSENGERS, THE MOTORCYCLE SHALL HAVE A MINIMUM
ENGINE DISPLACEMENT OF 125 CUBIC CENTIMETERS AND A
BACKBONE TYPE BUILT.”

SEC. 4. - Section 7 (d) of Republic Act No. 4136 is hereby amended to
read as follows:
“Sec. 7. Registration Classification - Every motor vehicle shall
be registered under one of the following described classifications:

(a)xxx

(b)xxx

() xxx

(d) Public utility automobiles; e) public utility trucks; (f) taxis
and auto-calesas; (g) garage automobiles; (h) garage
trucks; (i) hire trucks; [and] (j) trucks owned by contractors
and customs brokers and customs agents|.]; AND (K)
MOTORCYCLES-FOR-HIRE. Application for registration
under these classifications shall be accompanied by a
certificate of public convenience or a special permit issued
by the LAND TRANSPORTATION FRANCHISING AND
REGULATORY BOARD [Public Service Commission], and
motor vehicles registered under these classifications shall
be subject to the Public Service Law, rules and regulations,
as well as the provisions of this Act.

xx.


SEC. 5. Roadworthiness of Motorcycles-for-hire. The Land
‘Transportation Office (LTO) shall ensure the roadworthiness of motorcycles-
for-hire before registration or renewal of registration. To further ensure safety,
no modification shall be made on motorcycles-for-hire, except the installation,
based on safe engineering design specifications, of motorcycle luggage carrier,
saddlebag, step board or foot peg and appropriate speed limiter and
monitoring device.

SEC. 6. Issuance of Driver's License. Pursuant to Section 23-A of the
Land Transportation and Traffic Code, as amended by Republic Act No.
10930, the LTO shall promulgate the necessary prerequisites and guidelines
for the issuance of licenses to the driver-applicants, including the theoretical
and practical examinations appropriate for motorcycles-for-hire. The LTO
shall also ensure the continuous safety training of licensed drivers of
motorcycles-for-hire.

SEC. 7. Fare Setting. The Land Transportation Franchising and
Regulatory Board (LTFRB) shall determine, prescribe, approve and
periodically review and adjust, reasonable fares, rates and other related
charges for the operation of motorcycles-for-hire. The LTFRB may allow
motorcycles-for-hire to choose and use online ride-hailing or pre-arranged
transportation platforms, accredited by the proper government agency under
existing laws, but the said companied or platforms shall comply with this Act
and other regulations on motorcycles-for-hire, including fare setting.

SEC. 8. Prescribing of Routes. In prescribing routes, Department of
‘Transportation (DOTr) and the LTFRB shall give priority to higher-capacity
vehicles or mass transit systems in accordance with route rationalization
studies. Motorcycles-for-hire may be allowed to operate for a limited period,
with limited number of units and in specific routes only, as may be
determined by DOTr and the LTFRB, in coordination with concerned local
government units.


SEC. 9. Penalties. The operation of motorcycles-for-hire in violation of
this Act shall be penalized pursuant to the violations and fines and penalties
provided under existing laws and agency regulations: Provided, That
companies, or the officers or directors thereof, providing online ride-hailing or
pre-arranged transportation platforms involving motorcycles without a valid
franchise, shall have solidary liability and shall be penalized accordingly.

SEC. 10. Implementing Rules and Regulations. The DOTr, LTO and
LTFRB, in collaboration with the MMDA, Department of Interior and Local
Government, Philippine National Police-Highway Patrol Group, Department of
Health and other agencies and stakeholders, shall promulgate the necessary
implementing rules and regulations (IRR) within sixty (60) days from the
effectivity of this Act.

The IRR shall include, among others, limitation on the number of riders
and the weight or load capacity that can be carried as certified safe by
manufacturers, with the requirement that such limitations must be indicated
on the motorcycles; the applicable speed limits; the road safety and traffic
laws and regulations that need to be complied with; the necessary insurance
policy covering the driver, rider and third party, including extent of liabilities;
the designation of terminals; and other requirements for the safety, security
and health of the driver and rider.

SEC. 11. Separability Clause. If, for any reason, any part or provision
of this Act is declared invalid, such declaration shall not affect other
provisions of this Act.

SEC. 12. Repealing Clause. Any law, presidential decree or issuance,
executive order, administrative order, rule or regulation contrary to, or
inconsistent with the provisions of this Act is hereby repealed, modified or
amended accordingly.


SEC. 13. Effectivity. This Act shall take effect fifteen (15) days following
its publication in at least two (2) national newspapers of general circulation.

Approved.