REPUBLIC OF THE PHILIPPINES.
HOUSE OF REPRESENTATIVES
QUEZON CITY

SIXTEENTH CONGRESS
First Regular Session

House BILL no._ 3089

Introduced by HON. IRWIN C. TIENG, HON. MARIANO MICHAEL M. VELARDE
and HON. JOSE L. ATIENZA, JR.

EXPLANATORY

Perhaps studying accidents best illuminates the path to improve transportation
safety. Mostly, an accident is simply a failure to detect a pre-existing problem. Incidents
reveal systematic weakness and operational deficiencies, usually long before lives are
lost

Recently, one of the biggest challenges of this country is the occurrence of
various transportation accidents from highway to air and sea. It is alarming to know
however, that this growing problem remains unresolved.

Oftentimes, the agencies tasked to investigate these accidents are being
mugged with a lot of criticisms due to their failure to resolve the incident cases.
Moreover, the existence of conflict of interest cannot be denied as they are the same
agencies that regulate the different transport systems in the country. To allow them to
investigate accidents that could be a result of their own negligence could negate the
purpose to formulate an accurate and correct finding.

This bill seeks to create the National Transportation Safety Board (NSTB), an
independent and non-regulatory agency mandated to determine the probable cause of
transportation related accidents on land, sea and air including railway and pipeline
systems, and to formulate safety recommendations to improve transportation safety.
The NSTB shall conduct a comprehensive investigation of major accidents involving all
types of public utility vehicles or vessels regulated by other agencies of the government.
It shall likewise conduct review, appraisal, and assessment of the operating practices
and regulations of all such agencies. It is also tasked to promote safety improvement
standards for observance and implementation by said agencies and the public.

It is the aim of this bill to effectively investigate transportation accident,
assembling the broad spectrum of technical expertise that is needed to solve complex
transportation safety problems.

, the pi

assage of this bill is earnéstly sought, {
a j i
| La
/ ji pp
mariAtio! Cl RDE

JOSE L. ATIENZA, JR.


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
QUEZON CITY

SIXTEENTH CONGRESS
First Regular Session

House BILLNo,__ 3089

Introduced by HON. IRWIN C. TIENG, HON. MARIANO MICHAEL M. VELARDE
and HON. JOSE L. ATIENZA, JR.

AN ACT
CREATING A NATIONAL TRANSPORTATION SAFETY BOARD, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembles:

SECTION 1. Short Title. — This Act shall be known and cited as the “National
Transportation Safety Board Act of 2013”

SECTION 2. Declaration of Policy. - It is the policy of the State to prevent accidents
and save lives and property in transportation; promote safety in the transportation of
people, property and goods by conducting independent accident investigations; by
continuous and objective review, appraisal and assessment of operating practices and
regulations of government agencies implementing transportation law, and by
formulating and promulgating safety improvement standards for observance and
implementation, by said agencies and concerned private sectors.

SECTION 3. Creation. - There is hereby created a National Transportation Safety
Board, a non-regulatory and independent agency hereinafter referred to as the Board,
to implement the foregoing policies of the State. For administrative purposes, the Board
shall be attached to the Office of the President.

SECTION 4. Objectives. - The Board shall have the following objectives:

a) To conduct thorough accident and incident investigations and determine the
probable cause or causes thereof;

b) To prevent future accidents, save lives and reduce injuries and property
damages;

c) To ensure that survivors and families of victims of transportation accidents
receive timely and adequate assistance from the operators and other
government agencies; and

d) To ensure implementation of safety standards in the transportation industry.

SECTION 5. Organization. - The Board shall be composed of five (5) full-time
members, including a Chairman and a Vice-chairman. All the members of the Board
shall have extensive training and experience in the respective field of our marine, air,


highway and rail transportation systems, and each must have adequate knowledge in
investigation, analysis, and evaluation of transportation accidents, particularly in the
field of accident reconstruction, safety engineering, or transportation safety.

Members of the Board shall be appointed by the President of the Philippines for a
term of six (6) years. Of those first appointed, two members shall hold office for six (6)
years, two members for four years, and the last member for two years. Appointment to
any vacancy shall be only for the unexpired term of the predecessor. In no case shall
any member be appointed or designated in a temporary or acting capacity. Any member
of the Board may be removed by the President for inefficiency, neglect of duty,
malfeasance in office or any other legal cause.

No member of the Board shall concurrently hold any other government office or
position, or be employed in any government-owned or controlled corporation or entity or
any private, business enterprise whose interest may be in conflict with the Board’s
function and duties.

Three (3) members of the Board shall constitute a quorum for the transaction of
any function of the Board.

The Board shall establish and maintain distinct and appropriate staffed bureaus,
divisions, or offices to investigate and report on accidents involving each of the following
modes of transportation: (a) aviation; (b) maritime; and (c) highway including railroad
and tracked vehicles.

SECTION 6. Duties and Powers of the Chairman. -The Chairman is the chief
executive and administrative officer of the Board. Subject to the general policies and
decisions of the Board, the Chairman shall:

4. Appoint and supervise officers and employees, other than regular and full-
time employees in the immediate offices of another member, necessary to
carry out this Act;

2. Fix the pay of officers and employees necessary to carry out this Act;

3. Distribute business among officers, employees, and administrative units of
the Board;

4. Supervise the expenditures of the Board.

SECTION 7. Compensation. — The salary of the Chairman and the members of the
Board shall be the same as those of the Chairman and Members of the different
Constitutional Commissions. The salary of the Chairman and the Members of the Board
shall not be decreased during their tenure.

SECTION 8. Personnel. — Subject to civil service laws, rules and resolutions, the Board
is authorized to select, appoint, employ, and fix the compensation of such officers and
employees, including investigators and attorneys, as shall be necessary to carry out its
powers and duties

SECTION 9. Duties and Powers of the Board. —

(A) Duties of the Board. — The Board shall:


(1) Investigate and determine the facts, conditions, and circumstances and
the cause or probable cause or causes of any aircraft, highway, railroad, maritime
and other accidents which occur in connection with the transportation of people or
property which, in the judgment of the Board, is catastrophic, involves problems of a
recurring character, or would otherwise carry out the policy of this Act.

Nothing herein shall prevent the Board from making further inquiries on
accidents already investigated by existing accident-investigating bodies.

Furthermore, the Board may require the submission of their records, reports,
findings and recommendation of past investigation.

The Board shall be the primary government body to conduct accident
investigations under its jurisdiction. Other agencies mandated to investigate
concurrently such accidents shall coordinate with the Board in the performance of its
functions. In addition, it shall give full support to the actions and policies dictated by
the Board during the conduct of such investigations.

(2) Report in writing on the facts, conditions, and circumstances of each
accident investigated pursuant to paragraph (1) of this subsection and cause such
reports to be made available to the public;

(3) Issue periodic reports to Congress and government agencies concerned
with transportation safety;

(4) Initiate and conduct special studies and special investigations on matters
pertaining to safety in transportation including human injury and avoidance;

(5) Assess and reassess techniques and methods of accident investigation
and prepare and publish from time to time recommended procedures for accident
investigations;

(6) Evaluate, assess the effectiveness, and publish the findings of the Board
with respect to the transportation safety consciousness and effectiveness in
preventing accidents of other government agencies;

(7) Evaluate the adequacy of safeguards and procedures concerning the
transportation of hazardous materials and the performance of carriers and other
government agencies charged with assuring the safe transportation of such
materials;

(B) Powers of the Board. -

(1) The Board may conduct such hearings, sit and act as such times and
places, administer such oaths and require by subpoena or subpoena duces tecum
the attendance and testimony of such witnesses and the production of such
evidence as the Board or such officer may deem necessary. Subpoenas shall be
issued under the signature of the Chairman and may be served by any person
designated by the Chairman.

(2) Any employee of the Board, upon presenting appropriate credentials and
a written notice of inspection authority, is authorized to enter any property where a
transportation accident has occurred, or where wreckage is found, or where any
Such accident is located, and do all things necessary for the proper conduct of


investigation. The employees may inspect, at a reasonable time, records, files,
processes, controls and facilities relevant to the investigation of such accident. Each
inspection shall be recommended and completed with reasonable promptness and
the results of such inspection be made available to the concerned parties.

(3) _ The Board shall have the power to cite for contempt any person in case of
contumacy or refusal to obey a subpoena, an order, or an inspection notice of the
Board or any duly designated employee thereof.

(4) The Board is authorized to enter into such contracts, leases, cooperative
agreements, or other transactions as may be necessary in the conduct of the
functions and the duties of the Board under this Section, with any government entity
or any person.

(6) The Board is authorized to:

(a) Use, on a reimbursable basis or otherwise, when appropriate, available
services, equipment, personnel and facilities of the Department of
Transportation and Communication, the Department of National Defense,
the Department of Interior and Local Government , the Department of
Public Works and Highways and other agencies and instrumentalities of
the government in the conduct of investigation.

(b) Employ recognized experts and consultants on the accidents under
investigation who shall be paid by compensation fixed by the Board:
Provided, that no more than two consultants shall be appointed for each
incident being investigated.

(6) _ Establish such rules and regulations as may be necessary to the exercise
of its powers and functions under this Act.

SECTION 10. Seal. - The Board shall have a seal that shall be officially recognized.

SECTION 11. Annual Report. - The Board shall report to Congress on the second
week of August of each year. Such report shall include, but not limited to-

(1) statistical and analytical summary of the transportation accident
investigations conducted and reviewed by the Board during the preceding
calendar year;

(2) a survey and summary, in such detail as the Board deems advisable, of the
recommendations made by the Board to reduce the likelihood of recurrence
of such accidents together with the observed response to each
recommendation;

(3) an appraisal in detail of the accident investigation and accident prevention
activities of other government agencies charged by law with responsibility in
this field; and

(4) biennial appraisal and review and recommendations for legislative and
administrative action with respect to transportation safety.

SECTION 12. Appropriations. - The Board shall have an initial appropriation in the
amount of Thirty Million Pesos (P 30,000,000.00) to finance its operation for the first


year to be appropriated out of the Contingent Fund of the Office of the President and
thereafter any such amount shall be incorporated in the annual General Appropriations
Act.

SECTION 13. 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.

SECTION 14. Repealing Clause. - Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to, or
inconsistent with the provisions of this Act is hereby repealed, modified or amended
accordingly.

SECTION 15. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
complete publication in at least two (2) national newspapers of general circulation.

Approved,