REPUBLIC
ACT NO. ___
AN ACT TO MODERNIZE INLAND TRANSPORTATION
WHEREAS, the problem of motor vehicle traffic congestion
has risen to enormous proportions that defy piecemeal solutions;
WHEREAS, a comprehensive traffic management plan to
modernize inland transportation, within the short term, medium term and long
solution, is necessary to effectively address the problem;
WHEREAS, the adoption and implementation of a comprehensive
modernization plan is urgently required because of the crippling effect of land
traffic congestion on all sectors and regions of the economy;
NOW, THEREFORE, be it enacted by the Senate and the House
of Representatives of the Philippines in Congress assembled:
SECTION 1. All types of vehicles
shall be banned from parking along all national public roads at all times or
for 24 hours a day and 7 days a week, except in cases of emergency and
government sponsored or recognized social events, to maximize the use of the
existing national road network for land transportation. The public road network
is designed and intended for moving motor vehicles and not for vehicle parking.
The Department of Transportation shall be responsible for implementing the ban
along national public roads.
SEC. 2. All types of vehicles shall
be banned from parking along all local public roads for 16 hours a day and 7
days a week, except during non-working legal holidays, or in cases of emergency
and government sponsored or recognized social events, to maximize the use of
the existing local road network for land transportation. Unless the City or
Municipal council provides a different daily schedule in consideration of local
conditions, the 16 hour ban on parking along local public roads shall be from 6
a.m. to 10 p.m. daily. The public road network is designed and intended for
moving motor vehicles and not for vehicle parking. The City and Municipality
shall be responsible for implementing the ban along local public roads.
SEC 3. All motorcycles and similar type
of vehicles shall be allowed to traverse only the outermost lane of multiple
lanes, or of the outer half of a singular lane, along all national and local
public roads for 24 hours a day and 7 days a week, subject to reasonable
exceptions depending on traffic conditions. Motorcycles that swerve through road
lanes, while other motor vehicles move straight forward, endanger public
safety. The Department of Transportation shall be responsible for implementing
the outer lane rule along national public roads. The City and Municipality
shall be responsible for implementing the outer lane rule along local public
roads.
SEC. 4. Pending the gradual phase-out and refleeting of all public
utility tricycles as provided herein, all public utility tricycles shall be
banned along all national public roads for 24 hours a day and 7 days a week,
except to cross said national roads at intersections with local public roads. Slow moving tricycles that traverse public roads
slow down the entire traffic flow. The Department of Transportation shall be
responsible for implementing the ban along national public roads.
SEC. 5. Pending the gradual
phase-out and refleeting of all public utility tricycles as provided herein,
all public utility tricycles shall be allowed to traverse only the outermost lane
of multiple lanes, or of the outer half of a singular lane, along all local
public roads for 24 hours a day and 7 days a week. Slow moving tricycles that
traverse public roads, occupying the center of the lane and preventing vehicles
in the rear from overtaking, slow down the entire traffic flow. The City and
Municipality shall be responsible for implementing the outer lane rule along
local public roads.
SEC. 6. All public utility
buses, minibuses, vans, Asian utility vehicles (AUVs), jeepneys, multicabs and
other public utility vehicles, shall be allowed to stop, load and unload
passengers and cargo, only at designated loading and unloading areas along all
national and local public roads for 24 hours a day and 7 days a week. Unlimited
multiple stops by public utility vehicles along the public road network impede
traffic flow. The Department of Transportation shall be responsible for the
designation of loading and unloading areas along national roads. The City and
Municipality shall be responsible for the designation of loading and unloading
areas along local public roads.
SEC. 7. All
unauthorized structures, constructions and obstructions along all national and
local public roads, and along all inland public waterways, shall be deemed a
public nuisance and removed accordingly. The Department of Public Works and
Highways shall be responsible for the removal of all obstructions along
national public roads and inland public waterways. The City and Municipality
shall be responsible for the removal of all obstructions along local public
roads. The Department of Public Works and Highways may in consideration of
local interest, consistent with the national interest, provide for the
devolution to the City and Municipality, of the responsibility to remove
obstructions along inland public waterways. Obstructions along the public road
network impede traffic flow.
SEC. 8.
Unless the President in the national interest determines otherwise, the
development and operation of the public road network shall adopt the following
order of priorities:
8.1. First priority shall be given to the repair
and maintenance of the existing public road networks, the restoration and
rebuilding of the dilapidated public roadworks (such as shoulders, sidewalks,
culverts and aqueducts), the widening of intersections of the existing public
road networks, and the acquisition of or easement over existing private
subdivision roads (that provide critical relief for traffic congestion),[i]
to maximize the use of limited public funds allocated for infrastructure by
maximizing the use of the existing national, local, public and private road
networks;
8.2. Second priority shall be given to the construction of new national
and local road networks in conflict areas where armed rebels are known to
operate, to the full extent practicable, taking into consideration the safety
and security of the construction personnel and equipment; and
8.3. Third priority shall be given to the widening of the existing road
networks apart from the intersections, including the construction of flyovers,
skyways or tunnels, unless the project is financed by the private sector under
a public-private partnership which may proceed immediately without regard to
this priority scheme.
The Department of Transportation
and the Department of Public Works and Highways shall in the national interest and
in accordance with their respective mandates, implement the development and
operation of the public road network.
SEC. 9.
Unless the President in the national interest determines otherwise, the
development and operation of the public railway system shall adopt the
following order of priorities:
9.1. First priority shall be given to the repair
and maintenance of tracks and carriages of the existing railway system;
9.2. Second priority shall be given to the acquisition of additional
carriages for the existing railway system; and
9.3. Third priority shall be given to new rail and carriage systems, to
maximize the use of limited public funds for infrastructure, by maximizing the
use of the existing rail and carriage systems.
The
Department of Transportation and the Department of Public Works and Highways
shall in the national interest and in accordance with their respective
mandates, implement the development and operation of the public railway system.
SEC. 10. Unless
the President in the national interest determines otherwise, a bus rapid
transit (BRT) system[ii] shall be
developed and operated to replace the existing bus system in urban areas, to
maximize the use of the existing national public road network. The development shall
include Epifanio delos Santos Avenue (EDSA) and other bus routes in Metro
Manila, as well as the national roads used as bus routes in urban areas of other
regions. Along EDSA, the BRT shall use the innermost lane adjoining the
Metropolitan Rail Transit (MRT), and use the same stations of the MRT for
loading and unloading passengers, after the stations are expanded to
accommodate the additional flow of passengers from the BRT. The BRT system may
be pursued under the public-private-partnership concept (PPP).[iii]
The existing bus operators may be granted reasonable opportunity to merge or
consolidate under a single entity and bid for the BRT system. The Department of
Transportation shall in the national interest implement the adoption of the BRT
system.
SEC. 11. All
public utility tricycles shall be phased-out and refleeted with multicabs and
other similar or smaller public utility vehicles, for faster transportation and
more efficient use of road space. The phase-out shall not exceed three (3) years
which is the minimum period to fully depreciate a new tricycle unit or to earn
a reasonable return of investments in such unit. The refleeting may be pursued
under the PPP, where the private proponent will buy the public utility
tricycles, and sell to or exchange with the tricycle operators the replacement
multicabs or other vehicles. The Department of Interior and Local Government
shall in the national interest implement the phase out and refleeting. The
Department of Interior and Local Government may in consideration of local
interest, consistent with the national interest, devolve to the City and
Municipality the implementation of the phase out and refleeting.
SEC. 12. All public utility
jeepneys shall be phased-out and refleeted with minibuses, vans, AUVs,
multicabs and other similar or smaller public utility vehicles, for faster
transportation and more efficient use of road space. The phase-out shall not
exceed three (3) years which is the minimum period to fully depreciate a new
jeepney or to earn a reasonable return of investments in such unit. The
refleeting may be pursued under the PPP, where the private proponent will buy
the public utility jeepneys, and sell to or exchange with the jeepney operators
replacement minibuses, vans, AUVs, multicabs or other vehicles. The Department
of Transportation shall in the national interest implement the phase out and
refleeting. The Department of Transportation may in consideration of local
interest, consistent with the national interest, devolve to the City and
Municipality the implementation of the phase out and refleeting with multicabs
and other similar or smaller public utility vehicles.
SEC. 13. All private and public
motor vehicles, except heavy equipment, military and police vehicles, that are
incapable of a cruising speed of at least 60 kilometers per hour at full load,
shall be banned along all national and local public roads for 24 hours a day
and 7 days a week. Such motor vehicles shall be granted a grace period to
continue the use of the public road network, provided that the grace period
shall not exceed three (3) years, which is the minimum period to fully
depreciate a new motor vehicle or to earn a reasonable return of investments in
such unit. Slow moving vehicles impede traffic flow. The Department of
Transportation shall be responsible for implementing the ban along national
public roads. The City and Municipality shall be responsible for implementing
the ban along local public roads.
SEC. 14. The
design and build of new cabs and jeepneys by local motor shops, fabricators and
manufacturers, shall comply with the standard specifications of the multicab,
AUV, van and minibus, as provided by the Department of Transportation, unless
specific authority for deviation based on justifiable purposes is secured from
the said Department. A justifiable purpose may include the design and build of
limited units for culture tourism, or for experiments in science and
technology.
The
Department of Trade and Industry shall regulate the operation of motor shops,
fabricators and manufacturers to ensure compliance with the standard
specifications. Underpowered, oversized, and slow-moving vehicles with large
turning circles impede traffic flow.
SEC. 15. The
redesign, rebuild and remanufacture of old cabs and jeepneys by local motor
shops, fabricators and manufacturers, shall comply with the standard
specifications of the multicab, AUV, van and minibus, as provided by the
Department of Transportation, unless specific authority for deviation based on justifiable
purposes is secured from the said Department. A justifiable purpose may include
the design and build of limited units for culture tourism, or for experiments
in science and technology.
The Department of Trade and
Industry shall regulate the operation of motor shops, fabricators and
manufacturers to ensure compliance with the standard specifications. Underpowered,
oversized, and slow-moving vehicles with large turning circles impede traffic
flow.
SEC. 16. Department of Transportation
and the Department of Science and Technology shall design and build prototypes of
motor vehicles (i.e. 2-man quadcycles, 4-man mini-cars, 6-man mini-jeeps, 8-man
mini-vans, 12-man vans, 16-man vans, etc.), inland or coastal water craft, unmanned
aerial vehicles (drones) and other transport vehicles, that are aerodynamic
and/or hydrodynamic in design, simple to construct, easy to maintain, cheap to
build and make efficient use of limited road space, waterways and air corridors.
For this purpose, the Department of Science and Technology may engage the
services of government and private universities, to augment its organic
resources. The technical plans and detailed design of the prototypes shall be
made available to the public at reasonable cost to facilitate mass production of
the vehicles by local shops, fabricators and manufacturers.
SEC. 17. The Department of Transportation
shall consolidate multiple private terminals for buses, minibuses, vans, AUVs,
jeepneys and multicabs under a single land transportation terminal at a designated
entry and exit point for a specific area, with smaller satellite terminals for
short routes within the metropolis, city or municipality. The operation by each
public utility bus operator of its own permanent terminal located within highly
populated areas, and the operation by groups of public utility jeepneys of
unauthorized temporary terminals usually at or near intersection areas,
aggravate traffic congestion. The land transportation terminal may be pursued
under the PPP. The existing public utility operators may be granted reasonable
opportunity to merge or consolidate under a single entity and bid for the land
transportation terminals.
SEC. 18. The Department of
Transportation shall integrate or link by convenient access the land
transportation terminals with the existing seaports and airports, to maximize
the use of all public ports by facilitating the transfer of passengers or cargo
from one port to another.
SEC. 19. The Department of
Transportation shall establish a traffic management council at the national and
regional level. The Department of Interior and Local Government shall establish
a traffic management council at the city and municipality levels.
The traffic management council
at the national and regional levels shall be comprised of representatives from
the Department of Transportation (DOTr), Department of Public Works and
Highways (DPWH), Department of Trade and Industry (DTI), Department of Interior
and Local Government (DILG), Land Transportation Office (LTO), Land Transportation
and Franchising Regulatory Board (LTFRB), Toll Regulatory Board (TRB), Maritime
Industry Authority (MARINA), Civil Aviation Authority of the Philippines (CAAP),
Civil Aeronautics Board (CAB), Philippine National Police (PNP), and other
agencies with land transportation traffic related functions, including the
Metropolitan Manila Development Authority (MMDA) for the Metro Manila area. At
the City and Municipal levels, the council shall be comprised of all the
foregoing, and the Mayor concerned.
The representative of the Department
of Transportation shall be the ex-officio
chair of the council at the national and regional levels, except for the Metro
Manila area where the head of the MMDA shall be the ex-officio chair. The mayor shall be the ex-officio chair of the council at the city or municipal level.
SEC. 20. The Department of
Transportation shall centralize in the national government through the national
and regional traffic management councils, the traffic management over all
national public roads. The use of national roads is recognized as one of
national interest that overrides local interest. Traffic management shall
include but not be limited to the number coding scheme (that bans travel by
motor vehicles according to its plate number) and the truck ban scheme (that
bans travel by trucks during specified hours of the day and during specified
days of the week). Local government units shall be prohibited from imposing its
own traffic management schemes, such as number coding and truck ban, along
national roads that traverse through the territories of the local units.
SEC. 21. The Department of
Transportation shall promote and regulate the use of public utility watercraft
within inland public waterways, to complement the public utility vehicles that
ply the public road network, and provide faster but safer public
transportation. The MARINA shall franchise the deployment and use of public
utility watercraft within inland public waterways. The MARINA may in
consideration of local interest, consistent with the national interest, provide
for the devolution to the City and Municipality, of the authority to franchise
the deployment and use of public utility watercraft within inland public
waterways. The operation of public utility watercraft shall in all cases be
subject to the implementing rules and regulations of the MARINA.
SEC. 22. The
Department of Transportation shall promote and regulate the use of the unmanned
aerial vehicle (UAV) as public utility aircraft within inland low level air
corridors, to complement the public
utility vehicles that ply the public road network, and provide faster but safer
public transportation. The Civil Aeronautics Board shall franchise the
deployment and use of the UAV as public utility aircraft within inland low
level air corridors. The Department of Transportation may in consideration of
local interest, consistent with the national interest, provide for the
devolution from the CAB to the City and Municipality, of the authority to franchise
the deployment and use of the UAV as public utility aircraft within inland low
level air corridors. The operation of the UAV as public utility aircraft shall
in all cases be subject to the implementing rules and regulations of the Civil
Aviation Authority of the Philippines.
SEC.
23. The heads of the cited departments, agencies and local government
units shall promulgate the rules and regulations to implement the provisions of
this Act.
SEC.
24. All laws, presidential decrees, executive orders, issuances, rules and
regulations and any part thereof, which are inconsistent with the provisions of
this Act, are hereby repealed or modified accordingly.
SEC.
25. This Act shall take effect fifteen (15) days after its complete publication
in the Official Gazette or at least two (2) national newspapers of general
circulation, except as otherwise provided herein.
Approved:
__________
This material was written ex-gratia
by Demosthenes B. Donato
for Tanggulang
Demokrasya (Tan Dem), Inc.
All intellectual property
rights are granted to the public domain.
09 September 2018. Makati
City, Philippines.
Disclaimer: The views and
opinions expressed in this material are those of the author
and do not necessarily
reflect the official policy or position of TanDem.
[i]
Administrative Code of 1987, Exec. Order No. 292, Section 12. Local Government
Code of 1991, Rep. Act No. 7160, as amended, Section 19. Subdivision and
Condominium Buyer’s Protective Decree, Pres. Dec. No. 957, as amended by Pres.
Dec. No. 1216, Section 31.
[ii]
https://en.wikipedia.org/wiki/Bus_rapid_transit
[iii]
https://en.wikipedia.org/wiki/Public%E2%80%93private_partnership
