Draft Bill to Modernize Inland Transportation

Republic of the Philippines

SENATE OF THE PHILIPPINES

Pasay City

EIGHTEENTH CONGRESS

First Regular Session

SENATE BILL No. ____

Introduced by HON. JUAN MAKABAYAN

_______________________________________________________________________

AN ACT TO RATIONALIZE AND MODERNIZE INLAND TRANSPORTATION

EXPLANATORY NOTE

This bill seeks to rationalize and modernize inland transportation.

Notably, the number of motor vehicles and commuters continuously rise every year, even as there remains a huge backlog in transportation infrastructure. 

While piecemeal solutions, like the number coding and truck ban, provide some short term relief, these measures by themselves can never solve the traffic problem that continues to grow and worsen through the years.

To effectively address the problem of motor vehicle traffic congestion, a comprehensive traffic management plan is necessary. The plan will need to cover all the industries and government agencies that are directly and indirectly related to land transportation. It will need to provide an integrated solution over the short term, the medium term and the long term. 

In this regard, the bill seeks to maximize the use of the public road network, re-fleet public transportation with modern utility vehicles, promote mass transportation, develop inland water and air transportation, and integrate related government functions.

In view of the foregoing, the immediate approval of this measure is earnestly requested.

Republic of the Philippines

SENATE OF THE PHILIPPINES

Pasay City

EIGHTEENTH CONGRESS

First Regular Session

SENATE BILL No. ____

Introduced by HON. JUAN MAKABAYAN

_______________________________________________________________________

AN ACT TO RATIONALIZE AND MODERNIZE INLAND TRANSPORTATION

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

SECTION 1. No Parking on National Roads.- 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.

SECTION 2. No Parking on Local Roads.- 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.

SECTION 3. Motorcycles on Outer Lanes.- 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.

SECTION 4. No Tricycles on National Roads.- 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.

SECTION 5. Tricycles on Outer Lanes.- 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.

SECTION 6. Loading and Unloading Areas.- 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.

SECTION 7. Road Obstructions.- 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.

SECTION 8. Public Road Network.- 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), 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;

[NOTE: See Administrative Code of 1987, Exec. Order No. 292, Book III, 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.]

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. 

SECTION 9. Public Railway System.- 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.

SECTION 10. Bus Rapid Transit.- Unless the President in the national interest determines otherwise, a bus rapid transit (BRT) system 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). 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.

SECTION 11. Refleeting Tricycles.- 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. 

SECTION 12. Refleeting Jeepneys.- 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.

SECTION 13. Slow Moving Vehicles.- 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.

SECTION 14. Build of Jeepneys.- 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.

SECTION 15. Rebuild of Jeepneys.- 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.

SECTION 16. Prototype Vehicles.- 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.

SECTION 17. Land Terminals.- 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.

SECTION 18. Ports and Terminals.- 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.

SECTION 19. Traffic Management Council.- 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.

SECTION 20. Management of National Roads.- 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. 

SECTION 21. Inland Water Transportation.- 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 Department of Transportation may in consideration of local interest, consistent with the national interest, provide for the devolution from MARINA 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.

SECTION 22. Inland Air Transportation.- 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.

SECTION 23. Rules and Regulations.- The heads of the cited departments, agencies and local government units shall issue the rules and regulations to implement the provisions of this Act.

SECTION 24. Repeal.- All laws, presidential decrees, executive orders, letters of instruction, proclamations, rules and regulations, and other issuances, or any part thereof, which are inconsistent with or contrary to the provisions of this Act, are hereby repealed, amended or modified accordingly.

SECTION 25. Effectivity.- This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette, or in at least two (2) national newspapers of general circulation.

Approved: 

HON. JUAN MAKABAYAN

Senator