By Charissa Luci-Atienza The House Committee on Transportation has endorsed for plenary approval a bill empowering the cities and municipalities to regulate the operation of tricycles. Under Committee Report 1231, the panel, chaired by Catanduanes Rep. Cesar Sarmiento batted for the passage of House Bill 9073 or the proposed Magna Carta for Tricycle Drivers and Operators. Sarmiento noted that the bill not only seeks to regulate tricycles, but also extends coverage of accessible and affordable social security and health care benefits to workers in the tricycle sector. HB 9073 is a consolidation of five measures. “This bill also aims to recognize the roles and contributions of members of the tricycle sector (and) make them visible in the national and local statistics and develop the local economy by maximizing their potential,” he said. The bill also aims to provide the tricycle sector “adequate and timely" social, economic and legal services, and puts in place mechanisms that shall protect their rights and promote benefits, Sarmiento, one of the authors of the bill, said. HB 9073 authorizes cities and municipalities to regulate the operation of tricycles and grant them permits for the operation within their territorial jurisdiction, subject to the guidelines to be prescribed by the Department of Transportation (DOTr), the Land Transportation Office (LTO) and the Land Transportation Franchising and Regulatory Board (LTFRB). "Before it can issue the Motorized Tricycle Operators Permit (MTOP), concerned LGU is required to submit a tricycle zone operation plan which includes, among others, the tricycle routes and zones, designation of terminals and maximum number of tricycles operating within their jurisdiction,” the bill provides. Such plan shall be subject to the approval of the DOTr and must comply with the guidelines promulgated therefor with the end goal of ensuring overall efficiency, integration and safety of the transportation system, it said. HB 9073 provides that for safety reasons, no tricycles shall operate on national highways utilized by four-wheel vehicles greater than four tons and where normal speed exceed 40 kilometers per hour, except to cross the same. However, the concerned Sanggunian may provide exceptions if there is no transportation services or modes servicing the said route, either along the highway or crossing the same, other than tricycles, subject to the approval of the DOTr. The measure also provides that there shall be a simple system and procedure for registration and issuance of the MTOP in accordance with the framework and principles of this Act. The registration fee for the application for an MTOP, which shall be valid for a three-year period, shall not exceed P1,000, it said. Under HB 9073, the members of the tricycle sector shall have the following rights: Self-organization to collectively negotiate with government and other entities in the promotion of their welfare and advancement of their interests free from any political interference or favor; Informed participation in decision-making processes relevant to the concerns of their sector through their legitimate organizations. Towards this end, they shall be represented in all public hearings for laws, ordinances, or regulations that will affect their sector; Safe working conditions with access to medical care services and insurance; Freedom from any form of discrimination, violence, exploitation, or harassment; Freedom from deprivation of property without valid cause and due process of law; Equal access to information on how to safeguard their rights according to law; Any driver shall not be forced or engaged to work in any hazardous work, activity or undertaking, and neither shall he/she or be exposed to hazardous working conditions; and Any member of the tricycle sector shall be protected from any act of interference, coercion, extortion, bureaucratic red tape. The bill seeks mandatory Social Security System (SSS) and the Philippine Health Insurance Corporation (PhilHealth) membership for the tricycle drivers. Within ninety (90) days from the effectivity of this Act, the SSS and Philhealth is expected to promulgate guidelines for the mechanism of collecting premiums from members of the tricycle sector and the legalities, procedures and qualifications for the giving of subsidies. The SSS shall also inform its members from the tricycle sector of services and loans that they can avail of. Under the bill, any driver who operates a tricycle without the necessary MTOP, including any who incurs delinquency in payment of fees that is tantamount to an incomplete application for an MTOP, operates in highways without valid authorization, transports passenger and/or goods beyond the limitations on the number of passengers and on load capacity, or operates a tricycle not compliant with environmental laws shall be punished by a fine of not less than P500 but not more than P2,000 or the impoundment of the tricycle by an enforcement agency for a period of two months. The bill also provides that any operator who operates without the necessary MTOP or a franchise in highways without valid authorization, employs a driver without the necessary driver’s license for tricycles, including those below the age of majority, or allows a driver to operates a tricycle that is not roadworthy or with unauthorized modification affecting vehicle safety, shall be slapped with a fine ranging from P500 to P2,000 or the impoundment of the tricycle by an enforcement agency for a period of two months. The second and succeeding offenses shall warrant the revocation of the MTOP or franchise and the perpetual disqualification from being issued with the said privilege. The measure also provides that any person who shall willfully interfere with, restrain or coerce any member of the tricycle sector in the exercise of his/her rights shall face a penalty of a fine of not less than P50,000 but not more than P500,000 or imprisonment not exceeding one year or both, at the discretion of the court. The DOTr, LTO, LTFRB, , together in coordination with the SSS, PhilHealth, Department of Labor and Employment (DOLE), Technical Education and Skills Development Authority (TESDA), Department of Science and Technology (DOST), Land Transportation Authority and the Department of the Interior and Local Government (DILG), shall issue the Implementing Rules and Regulations (IRR) of this Act within ninety (90) days from its effectivity. Other authors of the bill are Nueva Ecija Rep. Rosanna “Ria” V. Vergara, Samar Rep. Edgar Mary S. Sarmiento, Deputy Speaker and Sorsogon Rep. Evelina G. Escudero, Paranaque Rep. Gus S. Tambunting, Quezon City Rep. Alfred D. Vargas and Pangasinan Rep. Amado T. Espino, Jr.