10 u 2 a3 4 Fr 16 v7 18 19 20 a 2 23 Republic of the Philippines HOUSE OF REPRESENTATIVES Quezon City EIGHTEENTH CONGRESS: First Regular Session HOUSE BILL NO. 922 Introduced by REP. BAYANI F. FERNANDO. AN ACT REGULATING THE USE OF ROADS FOR SAFE, FAST AND ECONOMICTRANSPORT AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippine Congress assembled: SECTION 4. Short Title. — This Act shall be known as “Road Use Act of 2020." SEC. 2. Declaration of Policy. — in adherence to the time-honored principle of Salus Populi est Suprema Lex, itis the policy of the State to promote the general welfare of the people and congruent to this, the State, through the exercise of its police power, may limit the enjoyment of a property if the continued use thereof would be injurious to public welfare, To achieve its goal of having a sustained increase in the amount of goods and services produced by the nation and improving the quality of life of all, the State hereby sets clear guidelines to ensure a safe, efficient, environmentally-sound, and accessible road system in the country. Towards this end, the Government shall lay down clear and uniform guidelines, standards and rules for the optimal provision, management and use of the road system of the country to effectively bring about safe, fast, convenient, and affordable transportation of people and goods. : To achieve transparency and accountability, the Government shall also clearly define the functions and responsibilities of the National and Local Govemment Agencies and private entities concerned with regard to the design, construction, maintenance, operation, use, management, control, and regulation of the roads system. SEC. 3. Definition of Terms. — As used in this Act, the term: a. Allowable Speed Limit — refers to the maximum speed that motor vehicles are legally permitted to travel on a specific road, as set by the concemed traffic management ‘and control authority through an appropriate ordinance or other legal issuance, considering the functions, design, and actual conditions of the road, the characteristics, volume and mix of vehicular and pedestrian trafic thereon, the requirements for road safety, and the kind ofu 2 33 a4 15 16 7 38 19 20 a 2 2B 4 25 26 a 28 29 30 31 32 33 34 35 36 37 land uses in the area. The allowable speed is usually lower than the design speed as defined above; b. Design Speed — refers to the safe maximum speed a motor vehicle can maintain as determined for the engineering design and correlation of the physical features of a road that influence vehicle operation. The national standards for the design speed shall be set by the Department of Public Works and Highways (DPWH); ©. Driveway ~ refers to a private road for access to a residential dwelling, or to one (or a small group of structures or establishments from a road: d. Government Road — refers to a road that is owned andlor, constructed, financed, managed and/or maintained by the Government; e. Local Government Unit (LGU) - refers to any provincial, city, municipal or barangay government; {. Motor Vehicle ~ refers to any conveyance propelled or drawn by any power other than human or animal power used to transport passengers or goods. The term motor vehicle Includes, but is not limited to, motorcycle, car, taxi, jeepney, utility van, bus, truck, and similar conveyances or vehicle. For purposes of this Act, a motorized scooter shall likewise be considered a motor vehicie; 9. National Traffic Rules — refers to standards, principles, and instructions that governs movement of vehicles and pedestrians on all roads in the Philippines in accordance with the provision of this Act. The Department of Transportation (DOTH) shall formulate and prescribe the national traffic rules consistent with the provisions of the Vienna Convention on Road Traffic: h. Nose-ininose-out — refers to the movement or maneuver of a motor vehicle (a) which exits @ roadway and enters info an abutting property, such as a bus terminal or parking area, with the front-end or nose of the vehicle entering the property first; and (b) which exits the abutting property and moves into the roadway, with the front-end or nose of the vehicle entering the carriageway first. The nose-in/nose-out movement shall be in the ‘same direction as the allowable flow of vehicles on the roadway; i. Obstruction - refers to the unlawful act of operating, stopping, standingiwaiting, or loading/unloading by a motor vehicle, or a person's unauthorized act of laying down, setting up or erecting any structure on any part of a road in such a manner as to block that part of the road, prevent or disturb the normal flow of traffic, or impede the free and clear passage of other motor vehicles or pedestrians; i. Parking — refers tothe act of making @ vehicle idle or stationary for any reason other than the need to avoid interference with another road-user or collision with an obstruction or to comply with traffic regulations, traffic signals or the directions of a traffic officer: Provided, that any motor vehicle made idle or stationary, even for purposes of 2a 14 Fy 16 v 19 20 a 2 2 2a cy 26 2 8 23 30 a 32 33 35 36 37 loading or unloading ofpersons or goods, for a period exceedingfifteen (15) seconds, regardless whether the engine is running or not, shall be considered parked: Provided further that the 15-second rule on foading or unloading shall not apply to persons with disability (PWD) or those with limited mobility, k. Pedestrian — refers fo a person who is travelling on foot on a road, whether walking or running. The term pedestrian also includes a person with disability who is moving ‘on a road in a wheelchair or similar conveyance; |. Private Road — refers to a road that is owned and/or constructed, financed, managed and/or maintained by a private entity for its exclusive use and not connected to any public road as defined in this Act; m. Public Road ~ refers to any road, Government or private, that is inherently or customarily or essentially for use by the public, or that serves multiple property owners, settlers, housing sites, road users, and beneficiaries, regardless of the ownership of the road. All roads are inherently public; 1, Road —is a general term denoting a facility used for travel. A road consists of the roadway for the movement of motor vehicles, as well as all associated structures, such as shoulders, sidewalks, curbs, gutters, loading and unloading zones, longitudinal and cross drainage, parking areas, overpasses, underpasses, flyovers, _ interchanges, rotundas/roundabouts, traffic signalsilights/signage/road safety devices, road embankment, slope protection, islands, medians, pedestrian crossings, bus/vehicle stops, passenger waiting sheds, trees and other vegetation, all tolerated utility structures and facilities, and other related facilities within the defined limits of the road right-of-way, ©. Road Right-of-Way — refers to the land secured and reserved to the public for use as a road; p. Roadway ~ refers to the part of the road used by moving vehicular traffic; 4, Shoulder — refers to the portion of a roadway, which serves as a safely provision for wayward vehicles, for emergency use or occasional stops of motor vehicles, andlor for structural lateral support of the roadway and surface courses; 1. Sidewalk — refers to the portion of a road for exclusive use of pedestrians; 8. Standing’Waiting ~ refers to a form of stopping by a motor vehicle, where the vehicle remains stationary, with its engine running and the driver in control: 1. Stopping — refers to the halting even momentarily of a vehicle on a road, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer, traffic officer or deputized agent, or traffic control sign or signal, or when done in the appropriate loading or unloading area or parking area; uu, Traffic Management and Control — refers to the power of directing and guiding the movement of vehicles and pedestrians on the roads, including the operation of traffic 3Beevaoneune signals and devices, and to enforce traffic regulations, in accordance with the national traffic rules and regulations as may hereinafter be issued and the provisions of this Act. Traffic management and control shall be undertaken by the concemed LGUs and the Metropolitan Manila Development Authority(MMDA) or their duly delegated or deputized Government or private entities, such as the Philippine National Police — HighwayPatrol Group(PNP-HPG), private developers and homeowners’ associations. In the case of expressways, traffic management and control shail be undertaken by the concerned concessionaires; V. Traffic Regulations — refers to the specific orders, procedures and requirements at the end-user level that implement the national traffic rules prescribed by the DOTr under this Act. Traffic regulations shall be established and enforced by the concemed traffic management and control entities, primarily the LGUs, the MMDA, the PNP-HPG, and the concessionaires, through ordinances, orders and issuances;and W. Traffic Supervision — refers to the oversight power over the traffic management ‘and control activities performed by the traffic management and control entities concemed in Implementing the national traffic rules issued by the DOTr. This power includes visitorial and monitoring functions to ensure the proper implementation of traffic rules and regulations. Traffic supervision shall be undertaken by the Land Transportation Office (LTO) over the LGUs except within Metropolitan Manila, the MMDA over the LGUs within Metropolitan Manila, and the duly delegated or deputized LGUs over private developers or homeowners’ associations (HOAs) in their respective jurisdictions. In the case of expressways, traffic supervision shall be performed by the Toll Regulatory Board (TRB) SEC. 4. General Principles and Guidelines. ~ The following principles and guidelines shail be observed in the formulation of the implementing rules and regulations (IRR), standards, ordinances, and other issuances as well as in the enforcement of the provisions of this Act: a. Any road connected which is connected to a public road or connectéd to a road leading to and connected to a public road becomes part of the whole road network to provide mobilty and unimpeded access to any place for al b. Allinterconnected roads are complementary and interdependent: ©. The overall road system is a shared burden to build but of reciprocal benefit to all Likewise, any road built is cost burden to the builder and a benefit to him as well; 4. Roads are indispensable need of everyone and vital to the nation’s economy; e. Safety and efficiencyshall be the primordial considerations in the design, construction and management of any road and, therefore, subject to State regulation; f. The operation and use of rads shall be regulated by the State or, through an agreement, by duly delegated entitieDP tend hcl Sake ic acai oe g. The public access to any road may change with the demographic, social, cultural, political or economic developments and the state may reclassify accordingly the use of any road for the general welfare when circumstances requires; h. Driving on any road is a privilege and subject to State regulation; i. Roads shall be designed and used to achieve the optimum blend of mobility, accessibility and convenience of the road users and therefore all roads must at all times be open unless otherwise exempted by law, the Government or any of its instrumentalities; j. Road safety standards shall be adequately provided in the design and use of roads to promote safety of lfe and property, to protect vulnerable road users, and that road 10 safety shall never be traded off for mobility or accessibility. The safety standards shall 11 consider the concems of the PWDs and persons with limited mobility under Batas 12 Pambansa Big. 344; B k. The design and use of roads shall also be economical and environment-friendly; 4 1. The national traffic rules shall be uniform throughout the country for the 15 convenience of the motorists, efficient administration, and prevention of discretionary and 16 discriminatory enforcement; y m. To ensure transparency and public participation, before any ordinance on road 18 _ use is enacted, the LGU shall duly consult the road users, residents, and other stakeholders 19 that will be affected by such ordinance; 20 n. To ensure that public roads efficiently serve their function of facilitating the 21 movement of motor vehicles and pedestrians, uses and activities that are not directly related 22. to road function shall be prohibited within the whole road right-of-way. 23 ©. To optimize the use of the roads for the movement of motor vehicles, parking of 24 vehicles shall not be allowed on any roadway, goverament-or private-atf over the country. 25 The use ofany roadway as terminal for public utility vehicles is strictly prohibited. PaAlevreaa evry, - 26 p. To encourage walking, adequate pedestrian facilities shall be provided within the 27 road right-of-way and between major parking areas (outside the right-of-way) and main 28 commercial areas, parks, churches, terminals, markets, hospitals, and public service 29 establishments. Pedestrian bridges shall be installed whenever feasible to separate 30 pedestrians and motor vehicles, especially in areas with heavy pedestrian traffic and those in 31 the immediate vicinity of schools, transport terminals, markets, Government buildings, 32. churches, mails, and related establishments. 3 SEC, 5. Classificationand Minimum Requirements of Government Roads. - 34 Roads shall be classified andmust meet the corresponding minimum requirements as 35 follows: 36 a. National Roads 37 1. National Primary Road1 i. Minimum design speed shall be as follows: 2 + Flat topography: eighty (80) kilometers per hour (kph) 3 + Rolling topography: sixty (60) kph 4 + Mountainous topography: fifty (50) kph 5 ii, Must have at least four (4) lanes, . 6 2. National Secondary Road Ot Lone po diron 7 i. Minimum design speed shall be asTorows—SOSCS™S 8 + Flat topography: seventy (70) kph 9 + Rolling topography: sixty (60) kph 10 ‘+ Mountainous topography: forty (40) kph u ii, Must have at least two (2) lanes 2 b. Local Roads 3B 1. Provincial Road/City Road/Municipality Road “4 i. Minimum design speed shall be as follows: 15 + Flat topography: seventy (70) kph 16 + Rolling topography: sixty (60) kph v ‘+ Mountainous topography: forty (40) kph 18 ii, Must have at least two (2) lanes 19 2. Barangay Road 20 i. Minimum design speed shall be as follows: a + Flat topography: sixty (60) kph 2 + Rolling topography: forty (40) kph 2 ‘+ Mountainous topography: thirty (30) kph 2 ii, Must have at least two (2) lanes 25 c. Other Roads 6 Expressways a loot lone) divert a i. Minimum design speed shall be as follows: 28 + Flat topography: ninety (90) kph 2 + Rolling topography: seventy (70) kph 30 + Mountainous topography: sixty (60) kph 31 ii, Must have at least four (4) lanes which are divided 22 The requirements provided in this section shall not limit the Committee in providing 33 such additional requirements as it may deem necessary in the Implementing Rules and 34 Regulations (IRR) to realize the objectives and policies of this Act. 35 SEC. 6. Standards for Design, Construction and Maintenance of Roads.u 2 8 w a5 16 v a8 19 20 2 2 23 24 25 26 7 28 2 30 3 32 33 3a 35 36 a7 The OPWH shall prescribe and enforce the national standards and specificationsfor the design, construction, and maintenance of all roads, covering both Government roads and private roads in accordance with the minimum requirements set forth in the immediately preceding section. The standards prescribed by the DPWH shall be observed by all concemed Goverment agencies, private entities and concessionaires. The design, construction and maintenance of all roads in the country, both Govemment roads and private roads, shall conform to the standards set by the DPWH and consistent with national, regional and local development plans and zoning ordinances, the provisions of the National Building Code of the Philippines, and the pertinent issuances issued by the Housing and Land Use Regulatory Board (HLURB); ‘The DPWH national standards for the construction and maintenance of roads shall preferably be performance-based and adequately consider the factors of safety, structural integrity, efficiency, economy, socio-environmental impact, and sustainability {n prescribing the national standards for the design of roads,the DPWH shall consider the following factors: a. National roads shall be designed to provide a high level of mobility for through traffic, while city roads and municipal roads shall be designed to render high accessibility services. provincial roads which connect national roads with city or municipal roads shall be designed to provide an appropriate combination of mobility and accessibility services. Private roads shall be designed to provide a proper mix of mobility and accessibility services. In all cases, the design shall include adequate road safety features, and must be cost- effective and environmentally-sustainable, b. ‘The DPWH national design standards for roads shall include the following: 1. Engineering specifications — such as right-of-way width, roadway width, number and width of lanes, shoulders, sidewalks, curbs and gutters, pedestrian crossings, type of surfacing, thickness of pavement, bridges, drainage, safety and traffic control devices, signage, intersections, medians, vertical and horizontal alignment, and location of permissible lay-bys, among others as well as the corresponding motor vehicle types, volumes and loads, characteristics of the traffic, and level of service that may be allowed or provided by each class of road. 2. Performance standards - such as travel speeds, traffic capacity, level of service, degree of congestion, structural strength, design life, road safety rating, disaster resilience including seismic resistance, environmental impact, and riding comfort that shall be provided by each class of road. . In the design of roads in housing, subdivision, township, mixed-use development and commercial, industrial or institutional areas, the following major requirements shall be ‘observed, consistent with the DPWH minimum design standards for roads: