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HB02733
HB02733
HOUSE OF REPRESENTATIVES
Quezon City July 28, 2022
5:17 pm
NINETEENTH CONGRESS
2733
HOUSE BILL NO. _________
EXPLANATORY NOTE
Hence, this bill seeks to amend Republic Act No. 4136, also known as the
Land Transportation and Traffic Code, to put safety measures in place and
regulate the use of motorcycles-for-hire and motorcycle ride-sharing services. As
public safety is paramount, the measure will ensure the roadworthiness of the
motorcycle units and provide a safety training program for riders.
The bill has been filed and approved in the third and final reading
during the 18th Congress
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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
2733
HOUSE BILL NO. _________
Towards this end, the State shall establish mechanisms and guidelines in
regulating all the operational aspects of motorcycles-for-hire.
SEC. 4. Scope and Application – This Act shall apply to all aspects of the
operation of motorcycles used as a common carrier for the transportation of
passengers or good which shall include parcels and mail. This Act shall not apply
to motorcycles directly owned by entities and used exclusively in the line of
business for delivery of goods and other services.
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motorcycles-for-hire. Such franchise shall allow the operator to engage in
multi-homing operations upon accreditation with other TNCs or OEPPs.
The Franchise fee and any other related charges for operating a
motorcycles-for-hire shall be determined by the LTFRB, subject to the approval of
the DOTr.
In areas outside the metropolitan areas or regional hubs and where there
is no existing or operating TNC or OEPP, the application for a franchise shall be
coursed through the LGU under which jurisdiction the motorcycle-for-hire
intends to operate: Provided, That a motorcycle-for-hire may only operate within
the territorial jurisdiction of the LGU concerned: Provided further, That the LGUs
may recommend the appropriate number of units that may be allowed to operate
in their respective jurisdictions based on the demand in the locality.
To ensure the fast and efficient processing of franchises, the LTFRB and
LGUs shall establish a system of coordination that shall be incorporated in the
rules and regulations to be issued pursuant to Sec. 21 of this Act.
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Development Authority (TESDA): Provided, That licensed riders shall attend at
least one (1) safety training seminar every year.
The TNCs and OEPPs must possess and maintain the following minimum
requirements for their accreditation:
a) Proof of Filipino citizenship;
b) Proof of financial capacity;
c) SEC registration;
d) BIR Tax Identification Number;
e) An Accident Quick Response System;
f) A training center, duly certified by the LTO and TESDA, to evaluate and
determine the competence of riders. The DICT may, as a requirement for
renewal of accreditation, consider the previous safety record of the TNC or
OEPP as certified by the LTO during the effectivity of its accreditation
being applied for renewal.
SEC. 13. Fare Setting. – The fares, surcharges and other transportation
fees that may be charged by operators, OEPPs or TNCs shall be in accordance
with the fare structure and within the parameters determined, prescribed and
issued by the LTFRB, in consultation with the motorcycle-for-hire industry and
subject to the approval of the DOTr. The fare structure shall take into
consideration the supply of and demand for motorcycle-for-hire services and
shall allow dynamic pricing on account of market variations based on location
and time. The fare structure shall also include the maximum percentage that can
be charged by the TNCs or OEPPs upon the operators or riders on the shipping or
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delivery fee. The LTFRB shall periodically review the fare structure and
parameters of determining the applicable fares, subject to the approval of the
DOTr. The booking system of TNCs and OEPPs shall feature a mechanism that
enables clients to compare the transportation cost charged by each of the
available digital platforms.
SEC. 16. Accident Quick Response. – Each TNC or OEPP shall establish a
quick response team to provide immediate medical care or bring any person
injured by the operation of the motorcycle-for-hire booked through its digital
platform the nearest hospital or medical facility. A function that will allow the
rider or passenger to alert the quick response team during an emergency or road
crash shall be part of the booking application options of the digital platforms.
When necessary, the TNC or OEPP shall advance any amount necessary for the
admission of such injured person or persons to a hospital or medical facility up
to the maximum insured amount.
Consistent with its mandate under Republic Act No. 7924which created
the Metropolitan Manila Development Authority (MMDA), the MMDA shall
continue to exercise its traffic enforcement functions within Metro Manila in
furtherance of the objectives of this Act.
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The foregoing shall not preclude the TNCs or OEPPs from exercising the
power to impose sanctions such as suspension or blacklisting of their riders or
operators on account of violation of internal rules made known the other latter,
acts detrimental to safety and security, and other reasonable or valid grounds.
SEC. 19. Travel Demand and Operational Data. – To assist the DOTr in
transportation planning and management, the TNCs and OEPPs shall, not later
than thirty (30) calendar days after the end of every year, submit to the DOTr
their travel demand and operational data.
SEC. 21. Implementing Rules and Regulations. – Within ninety (90) days
from the effectivity of this Act, the DOTr shall, in coordination with the LTFRB,
LTO, DTI-BPS, DICT, BIR, TESDA, Department of Health, Department of the
Interior and Local Government, MMDA, and Philippine National Police-Highway
Patrol Group, and in consultation with stakeholders, promulgate rules and
regulations for the effective implementation of this Act.
SEC. 22. Separability Clause. – If for any reason any provision of this Act is
declared invalid or unconstitutional, the remaining provisions not otherwise
affected shall remain valid and subsisting.
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SEC. 24. Effectivity. – This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or a newspaper of general circulation.
Approved.