Republic of the Philippines
HOUSE OF REPRESENTATIVE:
Constitution Hills, Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

HOUSE BILL NO. 3s

Introduced by Hon. HARLIN NEIL J. ABAYON, III

EXPLANATORY NOTE

Underlying all the problems affecting the riding public that are rippling through the
transport sector are archaic laws on public transportation, public services, road use,
road safety, and traffic. Based on these largely obsolete laws are many current
regulations and institutional paradigms.

We are no longer in the Commonwealth Era (when the Public Service Act became
law) or in the 1960s (when the Land Transportation and Traffic Code and the
Contractors’ License Law were enacted) or in the Marcos Era (when the
Accessibility Law came to be). These are but some of the major laws that need
overhaul or updating to present-day situations and adjusting with built-in
mechanisms for adapting to changes in the future.

This bill proposes that road and rail safety regulation of all land vehicles, including
public utility vehicles, should be with a National Land Transportation Safety Board,
not with the LTFRB or LTO. This bill gives the RRSB authority to set standards on
road-worthiness of all land vehicles, cancel or suspend driver's licenses, and
investigate road accidents, and resolve administrative cases arising from road
mishaps.

It is imperative that we have better laws on traffic law enforcement nationwide. We
have new laws on the wearing of helmets and riding on motorcycles, but these laws
are not consistently and effectively implemented. There are also local ordinances
that go against the national law on wearing helmets.

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These times require us to promote and support automotive engineering, automotive
technology development, civil engineering, and disaster adaption and mitigation of
our transport systems with laws, policies, programs, and appropriations.

Add to all these concerns is the strong resistance to the phase out of old public utility
jeepneys and the entry of the transport network vehicle services (TNVS) and
Transport Network Companies because of the refusal to accept necessary change
and refusal to admit obsolescence.

Lastly, we have unacceptably high rates of deadly mishaps involving motorcycles
and old trucks and jeepneys because of unaddressed underlying economic reasons—
some of which can be addressed with new laws and effective implementation,

wise ABAYON, IIT

AANGAT TAYO Party-list, Representative

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

8969
HOUSE BILL NO.

Introduced by: Hon. HARLIN NEIL J. ABAYON, III

AN ACT
ESTABLISHING THE NATIONAL ROADS AND RAILWAYS SAFETY
BOARD, PROVIDING FOR ITS POWERS AND COMPOSITION,
APPROPRIATIONS,
AND FOR OTHER PURPOSES

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 “Charter of the Roads
and Railways Safety Board”.

Section 2. Declaration of Policy. - It is the declared policy of the State that:

1. the right to travel shall not be impaired except in the interest of national
security, public safety, or public health, as may be provided by law:

2. the use of property bears a social function, and all economic agents shall
contribute to the common good;

3. all persons shall have the right to a speedy disposition of their cases before
all judicial, quasi-judicial, or administrative bodies; and

4. free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty.

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Section 3. Establishment of the Roads and Railways Safety Board. The
Roads and Railways Safety Board, hereinafter referred to as the Board or by its
acronym, RRSB, is hereby established.

Section 4. Powers. The Board shall collegially exercise quasi-judicial powers,
including but not limited to the following:

1, Formulation, approval, implementation, and updating of the National Road
and Rail Safety Strategy;

2. Setting national minimum standards, compliance systems, and protocols
for:

a) land traffic regulation, pedestrian conduct, vehicle road-worthiness,
driver fitness and behavior, and road safety for all types of vehicles for
road travel regardless of number of wheels, locomotion power source,
or any other mode of classification;

b) railway safety and rail vehicle fitness for operation, including the
certification of rail vehicle service operators and drivers;

c) operation and use of bicycles and bicycle lanes and of local
government-registered tricycles, whether for personal, business, cargo,
or commuter purposes; and

d) local government-level traffic and road safety law enforcement,
training of traffic enforcers, and parking traffic regulation on public
roads and public property, and on private property, including malls,
residential subdivisions and condominiums;

3. Suspension, revocation, or cancellation, after due notice and hearing, of
any driver’s license issued by the Land Transportation Office;

4. Suspension, revocation, or cancellation, after due notice and hearing, of
any certificate of public convenience, provisional authority issued by the
Land Transportation, Franchising, and Regulatory Board to any operator
or franchisee of a land transport public utility vehicle, transport network
company, transport network vehicle service (TNVS) units, or any other
provider of transport services, whether commuter, cargo, or for-hire;

5. Suspension, revocation, or cancellation of any rail vehicle license or
certification, or authorization issued by the Philippine National Railways,
the Light Rail Transit Authority, and the management of the Metro Rail
Transit;

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6. Preventive suspension of: (a) any driver’s license issued by the Land
Transportation Office; (b) rail vehicle license or certification, or
authorization issued by the Philippine National Railways, the Light Rail
Transit Authority, and the management of the Metro Rail Transit; (c) any
certificate of public convenience, provisional authority issued by the Land
Transportation, Franchising, and Regulatory Board to any operator or
franchisee of a land transport public utility vehicle, transport network
company, transport network vehicle service (TNVS) units, or any other
provider of transport services, whether commuter, cargo, or for-hire

x

, Investigation, upon complaint and upon motu proprio assumption of
jurisdiction, through its Accident Investigation Service, of any road crash
or railway incident mishap involving death, physical injury, or significant
damage to property;

oo

. Exercise of original and exclusive jurisdiction over and approve decisions
on all cases and complaints involving administrative liability of any party
directly or indirectly involved in any road crash or railway safety incident
involving death, physical injury, or significant damage to property;

9. Recommendation to the Department of Justice on the filing and
prosecution of criminal charges against any party directly or indirectly
involved in any road crash or railway safety incident involving death,
physical injury, or significant damage to property;

10.Notification of the proper and concerned Regional Trial Court or lower
court on the findings of the Board as to civil liability of any party directly
or indirectly involved in any road crash or railway safety incident
involving death, physical injury, or significant damage to property;

11.Establishment, operation, and continual upgrading of a National Road
Safety and Traffic Violations Database for a reliable and verifiable system
to inform the board of the safety and traffic history of any driver, biker,
pedestrian, and land transport vehicle;

12. Establishment, operation, and continual upgrading and updating of a
National Registry of all out-of-court and amicable settlements between
road safety and traffic incident offenders and victims;

13. Set timetables and deadlines for the investigation, hearing, adjudication,
and resolution of all complaints and cases submitted to the Board, as well
as those safety over which the Board has assumed motu proprio
jurisdiction;

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14.Establish as many field offices as the Board may deem necessary for
sufficient coverage of the country;

15.Promulgation of such rules and regulations and exercise such other powers
and functions as may be necessary to carry out effectively the purpose and
objectives of this Act; and

16.Performance of such other functions as may be necessary for its effective
operations and for the continued enhancement, growth or development of
land transportation safety, except those powers or authority expressly
provided in this Act as vested upon the Chairman as chief executive
officer.

Section 5. Composition, Qualifications, and Rank. The RRSB shall be a
collegial body comprised of a Chairman and six (6) Commissioners, provided that
the Chairman and two (2) of the six Commissioners must be practicing lawyers;
provided further that two (2) of the six Commissioners are automotive or mechanical
engineers, and the remaining two (2) Commissioners civil engineers; and provided
even further that the Chairman and all the Commissioners have been practicing their
respective professions for at least five (5) consecutive years and that each one of
them is a current holder of a professional driver’s license.

For compensation and civil service purposes, the Chairman shall have the
rank, compensation and emoluments of undersecretary and each Commissioner shall
have the rank, compensation and emoluments of an assistant secretary.

Section 6. Term of Office. - The President shall appoint the full-time
Chairman and the Commissioners for a full term of four (4) years, without prejudice
to one reappointment. The Chairman and Commissioners shall hold office until their
successors shall have been appointed and qualified. Should the Chairman or any
Commissioner resign or fail to serve the entire term, the successor shall be appointed
by the President of the Philippines to a full term.

The President of the Philippines shall appoint the Chairman, all the
Commissioners, and Executive Director of the Board within 120 days from the
effectivity of this Act.

Section 7. The Chief Executive of the Board. The RRSB Chairman shall be
the chief executive officer (CEO) of the Board. The Chairman, upon
recommendation of the Executive Director, shall have the exclusive corporate
executive power, without the need for concurrence or consent of the whole Board
to:

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1. appoint, subject to civil service laws and regulations, and upon
recommendation of the Executive Director, all Secretariat personnel; and

2. approve the budget, administrative, and operational plans, programs, and
projects of the RRSB.

Section 8. The RRSB Secretariat. The Board shall have a Secretariat headed
by an Executive Director, who shall be the chief operations officer and head of the
Board Secretariat. The Executive Director shall have the rank and emoluments of an
assistant secretary.

The Board shall organize the Secretariat subject to the national compensation
and position classification plan, The Board shall fix the secretariat’s staffing pattern,
determine the duties, qualifications, responsibilities and functions, as well as the
compensation scheme for the positions to be created upon the recommendation of
the Executive Director.

The Executive Director shall undertake the search, screening, and recruitment
of regular staff and other personnel. The search for RRSB personnel shall include,
but not be limited to:

1, Graduates and students of the Philippine Public Safety College;

2. Graduates and students of academic programs that meet the standards of
the Commission on Higher Education, especially those programs related
to transportation engineering, mechanical engineering, civil engineering,
urban planning, and

3. Holders of Technical Education and Skills Development Authority
(TESDA) Level II and Level III National Certifications pertaining to
driving, automotive engineering, automotive electronic, and automotive
maintenance.

The Secretariat shall have the following Divisions:

. Accident Investigation Service

. Legal Affairs

. Policy Development, Programs, and Standards

. Administration and Human Resources

. Budget and Finance

. Public Affairs and Integrated Communications

. Information Systems and Technologies

. Roads and Railways Safety Training and Research Institute
. Special Programs and Projects

CON ANAWNE

Section 9. Attached Agency. The RRSB shall, for administrative and

budgeting purposes, be attached to the Department of Transportation.
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Section 10. Inter-Agency Matters. The Secretary of Transportation shall
approve guidelines and procedures consistent with this Act that will govern the inter-
agency relationships of the RRSB with the Land Transportation Office, the Land
Transportation Franchising and Regulatory Board, and other relevant government
offices and external stakeholders.

Section 11. Implementing Guidelines, Rules, and Regulations. The
Secretary of Transportation shall approve and issue, within ninety (90) days from
the effectivity of this Act, the implementing guidelines, rules and regulations
necessary for this Act.

Section 12, Appropriations. The annual budget of the RRSB shall be
included in the regular or special appropriations.

Section 13. Separability. - If any provision or part of this Act is declared
invalid or unconstitutional, the remaining parts or provisions not affected shall
continue to be in full force and effect.

Section 14. Repealing Clause. - All laws, executive orders, and
administrative orders or parts thereof inconsistent with any provision of this Act are
hereby repealed or amended accordingly.

Section 15. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its publication in the online version of the Official Gazette or in two (2)

newspapers of general circulation or with established internet website presence.

Approved.

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