April 17, 2019

REPUBLIC ACT NO. 11311

AN ACT TO IMPROVE LAND TRANSPORTATION TERMINALS, STATIONS, STOPS, REST AREAS AND ROLL-ON/ROLL-OFF TERMINALS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

SECTION 1. Declaration of Policy. — The State recognizes that the right of every establishment to a fair return of investment carries with it a corresponding social responsibility to provide adequate facilities for the comfort of its clientele. Towards this end, the State shall hereby require the owners, operators and administrators of land transportation terminals, stations, stops, rest areas and roll-on/roll-off terminals to improve their facilities through the provision of free internet services, and clean sanitary facilities.

SECTION 2. Definition of Terms. — As used in this Act, the following terms shall mean:

(a) Lactation station refers to a private, clean, sanitary, and well-ventilated room or area where nursing mothers can wash up, breastfeed or express their milk comfortably and store this afterward;

(b) Land transport terminal/station refers to a passenger station and a place for the final stopover or a permanent station, office and yard of public utility vehicles, which may also serve as loading and unloading area for passengers;

(c) Land transport stop refers to a common place for the stopover of public utility vehicles located along the highways or regular route for transport in long-distance travel;

(d) Rest area refers to a facility located at a strategic point along the national highway or route of the travelling public which is provided with parking space, restaurants or snack bars, other business shops, recreational facilities, service stations, public restroom facilities or waiting sheds for travellers or commuters;

(e) RORO terminal refers to a terminal which is part of the Road Roll-On/Roll-Off system; and

(f) Sanitary facilities refer to a set of facilities that include at least a combination of comfort room and hand-washing facilities, as detailed in Section 4 of this Act.

SECTION 3. Provision of Free Internet. — Pursuant to Republic Act No. 10929, otherwise known as the "Free Internet Access in Public Places Act," the Department of Information and Communications Technology (DICT), in coordination with the Department of Transportation (DOTr) and other concerned stakeholders, shall ensure that free internet is provided in transportation terminals, stations, stops, rest areas and RORO terminals. Owners, operators, or administrators of such establishments shall fully ensure the speedy and efficient implementation of this provision.

SECTION 4. Standards for Sanitary Facilities. — The owner, operator, or administrator of land transport terminals, stations, stops, rest areas, and RORO terminals shall provide clean sanitary facilities for passengers which shall be provided with the following:

(a) Separate restrooms for persons with disabilities (PWDs), male, and female passengers;

(b) Adequate ventilation and lighting;

(c) Safe, adequate, and running water supply;

(d) Flush system;

(e) Toilet seat with cover;

(f) Lavatory with toilet paper, mirror, soap, hand dryer and door lock;

(g) Waste bin; and

(h) Exclusive space for diaper-changing.

In implementing this provision, owners, operators, or administrators of land transport terminals, stations, stops, rest areas, and RORO terminals shall also comply with the applicable standards under Presidential Decree No. 856, otherwise known as the "Code on Sanitation of the Philippines." The DOTr, in coordination with the relevant government agencies, shall conduct random ocular inspections to ensure that such establishments comply with this provision.

SECTION 5. Prohibition on Collection of Fees to Access Sanitary Facilities. — It shall be unlawful to collect fees from passengers for the use of regular sanitary facilities therein. For the purpose of this Act, the concerned passenger must show the paid bus ticket for the day in order to avail of the free use of sanitary facilities: Provided, however, That the provisions of this Act shall not apply to separate, well-appointed or deluxe sanitary facilities that are operated solely for commercial purposes and for the convenience of passengers who require and prefer such facilities within land transport terminals, stations, stops, rest areas, and RORO terminals.

SECTION 6. Lactation Station. — The owner, operator, or administrator of land transport terminals, stations, stops, rest areas, and RORO terminals shall establish at least one (1) lactation station which shall be separate from the sanitary facilities. The lactation stations shall be clean and compliant with the applicable provisions under Republic Act No. 7600, as amended by Republic Act No. 10028, otherwise known as the "Expanded Breastfeeding Promotion Act of 2009" and its rules and regulations. The DOTr, in coordination with the Department of Health (DOH) and other relevant government agencies, shall conduct random ocular inspections to ensure that such establishments comply with this provision.

SECTION 7. Penalty. —

(a) Any owner, operator, or administrator of land transport terminals, stations, stops, rest areas, and RORO terminals who does not comply with the standards for sanitary facilities under Section 4 of this Act shall be liable for a fine in the amount of Five thousand pesos (P5,000.00) for each day of violation;

(b) Any owner, operator, or administrator of land transport terminals, stations, stops, rest areas, and RORO terminals who violates the prohibition under Section 5 of this Act shall be liable for a fine in the amount of Five thousand pesos (P5,000.00) for each day of violation; and

(c) Any owner, operator, or administrator of land transport terminals, stations, stops, rest areas, and RORO terminals who does not provide and maintain a lactation station as required under Section 6 of this Act shall, in addition to the sanctions under Section 21 of the "Expanded Breastfeeding Promotion Act of 2009," be liable for a fine in the amount of Five thousand pesos (P5,000.00) for each day of violation.

The Land Transportation Franchising and Regulatory Board (LTFRB), after five (5) years from the effectivity of this Act and once every five (5) years thereafter, review the applicability and enforcement of the fines prescribed in the preceding paragraphs and the necessary adjustments on the amount of the fine imposed subject to the approval of the Secretary of the Department of Transportation.

SECTION 8. Implementing Rules and Regulations. — The DOTr, in coordination with the DICT, LTFRB, DOH and the Philippine Ports Authority and other concerned stakeholders shall, within sixty (60) days from the effectivity of this Act, jointly promulgate the necessary implementing rules and regulations to carry out the provisions of this Act.

SECTION 9. Repealing Clause. — All laws, decrees, executive orders or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

SECTION 10. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two (2) national newspapers of general circulation.

Approved: April 17, 2019.

Source: CDAsia Online