Road Speed Limiter Act of 2016

Case Overview and Summary

Summary of Republic Act No. 10916 (Road Speed Limiter Act of 2016)

Declaration of Policy (Section 2):
- The State shall pursue a proactive and preventive approach to secure the safety of passengers and public on roads and highways.
- It shall implement measures to safeguard them from speed-related road accidents causing fatalities and property damage.

Definitions (Section 3):
- Covered vehicles: closed vans, haulers, cargo trailers, public utility vehicles (PUVs), shuttle services, tanker trucks, and other vehicles determined by the Department of Transportation and Communications (DOTC).
- Excludes taxicabs and public utility jeepneys (PUJs), subject to review after one year.
- Speed limiter: a device used to limit the top speed of a vehicle.
- Tampering: recalibrating, reprogramming, resetting, or reconfiguring a speed limiter to circumvent its functions.

Mandatory Installation of Speed Limiter (Section 4):
- No covered vehicle shall run on roads without a standard speed limiter installed, following the effectivity of this Act.
- For already registered vehicles, compliance is required within 18 months from the effectivity of this Act.

No Speed Limiter, No Registration (Section 5):
- No covered vehicle shall be registered by the Land Transportation Office (LTO) or given a franchise by the Land Transportation Franchising and Regulatory Board (LTFRB) without a standard speed limiter installed and set.

Setting of Standard (Section 6):
- The DOTC shall determine the specifications of the speed limiters to be installed in covered vehicles, following international standards.
- The LTO or LTFRB shall supervise and inspect the setting of speed limiters corresponding to the maximum allowed speed in the route plied by a particular covered vehicle.

Accreditation (Section 7):
- The Department of Trade and Industry (DTI) shall accredit persons, establishments, or institutions producing, manufacturing, or distributing speed limiters, following the DOTC's specifications and standards.
- The DTI shall issue the necessary certification attesting compliance as a prerequisite for registration.

Implementing Rules and Regulations (Section 8):
- The DOTC, in coordination with the LTO, LTFRB, DTI, and the Department of Science and Technology, and in consultation with private stakeholders, shall formulate and promulgate the necessary implementing rules and regulations within 60 days upon the effectivity of this Act.

Fines/Penalties (Section 9):
- Driver, owner, or operator who operates a covered vehicle without a speed limiter or with a non-functioning or tampered speed limiter shall suffer a fine of ₱50,000.
- For the first offense, a one-month driver's license suspension or three-month franchise suspension shall be imposed.
- For the second offense, a three-month driver's license suspension or six-month franchise suspension shall be imposed.
- For subsequent offenses, the driver's license shall be revoked, or the franchise shall be suspended for one year.
- Any person found guilty of tampering shall suffer imprisonment of not less than six months but not more than three years and a fine of ₱30,000.

Appropriations (Section 10):
- The initial amount necessary to implement the provisions of this Act shall be charged against the current year's appropriation of the DOTC.
- Subsequent amounts shall be included in the annual General Appropriations Act.

Separability Clause (Section 11):
- If any provision of this Act is held invalid or unconstitutional, other provisions not affected shall continue to be in full force and effect.

Repealing Clause (Section 12):
- All laws, decrees, executive orders, or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended, or modified accordingly.

Effectivity (Section 13):
- This Act shall take effect 15 days after its complete publication in the Official Gazette or in a national newspaper of general circulation.