asdasAmeia - ImagineLawimaginelaw.ph/wp-content/uploads/2018/05/ImagineLaw...2018/05/25 · An estimated 1.2 million die and over 50 million are injured in road crashes across the

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An estimated 1.2 million die and over 50 million are injured in road crashes across the world every year. In the Philippines, the number of fatal road crashes has been rising from 6,869 in 2006 to 10,012 in 2015. The World Health Organization (WHO) has identified five major behavioral risk factors that contribute significantly to road crash deaths. These are speeding, drink driving, and non-use of seatbelts, child restraints and helmets. Of these, speeding is considered the most significant

contributor to road crash fatalities, as it increases both the possibility of a crash happening and the degree of severity of the resulting injuries. Local speed limit setting and enforcement is seen as one of the most effective ways to manage speed and ultimately prevent road deaths. Regrettably, in the Philippines, the level of speed enforcement is observed to be low despite having a speed limit law in place since

1964. 1 To identify the reasons behind the low level of speed limit enforcement, ImagineLaw conducted a legal and institutional assessment on local speed limit setting and enforcement in the Philippines. The study revealed that for the speed limits under section 35 of Republic Act No. 4136 or the “Land Transportation and Traffic Code” to be effective, roads must first be classified by either the national government or the local government. However,

neither the national government nor the LGUs are aware of this need, hence, many Philippine roads have not been classified for the purpose of speed limit setting. To address these gaps, the Department of Transportation (DOTr), Department of Public Works and Highways (DPWH) and Department of the Interior and Local Government (DILG) issued Joint Memorandum Circular

No. 2018-001, prescribing guidelines on the classification of roads, speed limit setting and enforcement, and collection of road crash data through the DOTr’s DRIVER System. The JMC also endorses a template speed limit ordinance (“template ordinance”) to encourage LGUs to immediately set and enforce speed limits nationwide.2 This Training Module was prepared as a guide for LGUs in

enacting their speed limit ordinances.

This module is divided into four (4) parts:

While LGUs are encouraged to use the template speed limit ordinance in the JMC, LGUs are nevertheless encouraged to draft speed limit ordinances that are suited to the local circumstances of the LGU. This guide only highlights the important features of an effective speed limit ordinance, and provides recommendations on how LGUs can adjust

their speed limit ordinances to local circumstances. References and additional resources on the technical aspects of speed limit setting and enforcement are provided.

1 Institutional and Legal Assessment in Local Speed Limit Setting and Enforcement in the Philippines, ImagineLaw, 2016. 2Joint Memorandum Circular No. 2018-001: “Guidelines and Standards for Classification of Roads, Setting of Speed Limits under Republic Act No. 4136, and Collection of Road Crash Data ,” Department of Transportation, Department of Public Works and Highways, Department of the Interior and Local Government, 2018.

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The first step in making roads safer is to understand the basic principles of road safety. The Safe System approach to road safety is a holistic framework for examining road safety risks and interventions.1 The primary objective of this approach is to build a road system where road crashes do not result in a fatality or serious injury.

The Safe System Approach is anchored on the following guiding principles:

In 2010, the UN General Assembly adopted a Resolution3 establishing the Decade of Action for

Road Safety for 2011-2020. The goal was to reduce the number of road crashes by 50% in 2020. To achieve this goal, the UN Road Safety Collaboration developed the Global Plan for the Decade of Action for Road Safety.4 Anchored on the principles of the safe system approach to road safety, the Plan encouraged countries to implement activities according to the following road safety pillars:

Figure 1.2 The Five Road Safety Pillars

Under Pillar 4: Safer Road Users, the Plan recommends, among others, the setting and

enforcement of speed limits to reduce speed-related crashes and injuries.

Speed is one of the five major behavioral risk factors that contribute to the rising number of road crashes.5 According to the WHO, policies addressing these five risk factors, speed, seatbelt use, use of child safety car seats, motorcycle helmet use, and drink driving, can significantly

reduce the number of road crashes, deaths and injuries.6 Of these five risk factors, speed is seen as the single most significant contributor to road crash fatalities, as it affects both the risk of a crash happening and the severity of the resulting injuries.7

Speed increases the risk of a crash as it significantly slows down the reaction time of the

driver, and increases the stopping distance required to avoid a crash. While speeding, it is more likely that the driver will fail to anticipate and avoid oncoming hazards or lose control of the vehicle.8

Figure 1.1 The Safe System Approach

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Figure 1. 3 Stopping distance at different speeds (Including reaction time at around one second)

Speed also increases the severity of injuries resulting from a crash. The greater the speed, the greater the kinetic energy the body would have to absorb on impact, and the greater the resulting injuries.

Figure 1. 4 Rate at which small increases in speed affect

injury and fatality risk

Globally, about a third of collisions resulting in deaths involve an element of excessive or

inappropriate speed.9 Speed is also an aggravating factor in all crashes.10 Increased speed worsens the effect of other factors that put the road user at risk, such as impairment due to drunkenness or drug use, or the lack of an outer shell for vulnerable road users, like pedestrians and cyclists.

Speeding includes any of the following acts:

Example: Driving at a speed of 100 kph on a road with a speed limit of 60 kph following a city ordinance.

Example: Driving at the speed of 80 kph on a circuitous mountain road.

Example: Driving at a speed of 70 kph along a road with many intersections.

The motivation of drivers that engage in speeding is difficult to determine. Some studies suggest that speeding behavior is reinforced because many drivers are not involved in road crashes. Others explain that speeding is seen as rewarding,

or viewed positively by society because it increases productivity, or because it is marketed as “cool.” Road design can also encourage speeding, especially on roads that are well-paved. Given that the reasons for speeding are varied and complex, involving socio-economic and even cultural factors, a wide range of measures is needed in order to prevent speeding. Speed management is the employment of a range of

measures to minimize the risk of speed-related crashes and maximize compliance with speed limits.11 These measures include (a) speed limits; (b)

traffic calming devices; (c) in-vehicle technologies; and (d) education and changing behavior.

Speed limits define the maximum allowable speeds as determined by the regulating body based on road conditions. Speed limits must be accompanied by enforcement to be an effective deterrent to speeding.12

Traffic calming devices are engineering treatments employed to moderate the flow of traffic, increasing the level of safety of the

road network. These vary from actual road infrastructure or furniture like chicanes, rumble strips, speed humps or curb extensions, to rerouting schemes and are usually the most cost-efficient.13

In-vehicle technologies, such as speed limiters, assist the driver in making decisions about applying appropriate speeds like advising the driver when the speed limit is reached, or supplement driver’s decision by completely preventing the driver from exceeding the speed limit.

Figure 1.5 Samples of traffic calming devices (L-R): Lateral

lines at the entrance of a curb; raised pedestrian crossing with kerbed build-out in a school zone

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Public road safety education is a complementary tool for speed management.14 Road safety education may be incorporated in school programs and can be taught to school children as early as pre-school to the end of high school.15 Targeted and strategic information and education campaigns through traditional and social media also contribute

significantly in raising awareness and effecting behavioral change. However, education alone, without enforcement, would not be sufficient.

In the Philippines, RA 4136 sets the maximum

allowable speed on all roads. However, to determine the applicable speed limits under RA 4136, LGUs need

to classify their roads as open roads, through streets, city or municipal streets, barangay roads and crowded streets.

Based on a study conducted in 2016,16 many Philippine roads have not yet been classified in accordance with RA 4136 because many LGUs are unaware of their mandate to classify roads or because they need

technical guidance on speed limit setting. Some LGUs that have speed limit ordinances were found to be ineffective as they merely copied the provisions of RA 4136 without classifying roads, while others were found insufficient as they only cover a few roads. The study also revealed that speed enforcement in areas where there are set speed limits remain low because LGUs do not have speed measurement devices

such as speed guns and speed cameras, and because enforcement officers lack proper training on speed enforcement.

To address these gaps, the DOTr, DPWH and DILG issued JMC No. 2018-001 to set guidelines on road classification for speed limit setting and build the

LGUs’ capacity on speed management and speed limit enforcement. JMC 2018-001 calls on all LGUs to perform their mandate to classify roads for speed limit setting by enacting local speed limit ordinances. The JMC provides a template ordinance with key provisions on speed limits, enforcement, appropriation and procurement, with an aim to increase the level of speed enforcement in the Philippines and ultimately, curb the rising number of road crash deaths.

1 World Report on Traffic Injury Prevention, Geneva, World Health Organization, 2004; Save LIVES: - A Road Safety Technical Package, Geneva, World Health Organization, 2017, p. 9-10.

2 World Report on Traffic Injury Prevention , Geneva, World Health Organization, 2004; Save LIVES: - A Road Safety Technical Package, Geneva, World Health Organization, 2017, p. 9 -10. 3 Resolution A/RES/64/255. Improving Global Road Safety. 64th session of the UN General Assembly, New York, 10 May 2010; Save LIVES – A road safety technical package, p. 10. 4 Global Plan for the Decade of Action for Road Safety , 2011-2020, Geneva, World Health Organization, 2011. 5 World Report on Traffic Injury Prevention , Geneva, World Health Organization, 2004. 6 World Report on Traffic Injury Prevention , Geneva, World Health Organization, 2004. 7 Speed Management: A road safety manual for decision-makers and practitioners, Geneva, Global Road Safety Partnership, 2008, p. 6. 8 Id. 9 Id. 10 Id. 11 Id at p. 11. 12 Id at p. 13. 13 Save LIVES: -- A Road Safety Technical Package, Geneva, World Health Organization, 2017, p. 9-10. 14 Speed Management: A road safety manual for decision-makers and practitioners, Geneva, Global Road Safety Partnership, 2008, p. 68. 15 Education about road safety can be aimed at children and adults and delivered in many contexts, such as schools, colleges, sporting clubs and workplaces, IRAP Road Safety Toolkit, available at: http://toolkit.irap.org/default.asp?page=treatment&id=38. 16 Institutional and Legal Assessment in Local Speed Limit Setting and Enforcement in the Philippines, ImagineLaw, 2016. Photo sources: Figure 1.1: Save LIVES: - A Road Safety Technical Package, Geneva, World Health Organization, 2017. Reproduced from Safer roads, safer Queensland: Queensland’s road safety strategy 2015–21, Department of Transport and Main Roads, Queensland Government, Australia, 2015. Figure 1.2: Save LIVES: - A Road Safety Technical Package, Geneva, World Health Organization, 2017. Reproduced from Global Plan for the Decade of Action for Road Safety , 2011–2020, Geneva, World Health Organization, 2011. Figure 1.3: Save LIVES: - A Road Safety Technical Package, Geneva, World Health Organization, 2017. Reproduced from Speed management, Paris, Organisation for Economic Co-operation and Development, 2006. Figure 1.4: Save LIVES: - A Road Safety Technical Package, Geneva, World Health Organization, 2017. Figure 1.5: Road Safety Toolkit. iRAP accessed at: http://toolkit.irap.org/default.asp?page=treatment&id=33

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Before enacting a speed limit ordinance, it is important to assess the local road safety system, examine the local road network, determine the needs of the city or municipality and its road users, identify

gaps in existing local policies, and determine suitable speed management measures. Assessing the local road safety system will require several steps:

It is important to review existing policies on speed

limits and speed enforcement to identify policy gaps that may be addressed by the speed limit ordinance. Local government resources must also be evaluated to determine the limitations of the LGU and how its resources will be allocated. LGUs may use the following tools for evaluating local policies and resources:

Y☐ N☐ Is there a speed limit ordinance

in place?

Y☐ N☐ Does it cover all roads?

Y☐ N☐ Is it enforced through speed

measurement devices (speed

guns/speed cameras?)

If not, how is it enforced? _____

Y☐ N☐ Does the ordinance provide a

detailed enforcement procedure?

Y☐ N☐ Does the ordinance provide for

appropriation and procurement of

speed enforcement devices?


additional human resources

dedicated to speed enforcement?


appropriate fines and penalties?

Y☐ N☐ Does the ordinance require the

installation of speed limit signs?

Y☐ N☐ Is enforcement of the ordinance

accompanied by an information,

education and communication

campaign?

Y☐ N☐ Is there a speed enforcement unit

in place?

Which office is tasked to enforce

speed limits?

___________________

How was the office created (by

ordinance / resolution / executive

order)?

______________________________

Aside from speed enforcement,

what other functions does the

office perform?

______________________________

Where does the office get its

funding? ______________________

Y☐ N☐ Is the number of enforcers

sufficient?

Y☐ N☐ Does the city or municipality have

an updated road inventory?

Y☐ N☐ Are the roads classified as open

roads, through streets,

city/municipal roads,

collector/barangay roads, or

crowded streets?

Y☐ N☐ Is there a procedure for

apprehending traffic offenders?

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Gather all available road crash data to identify areas where most fatal road crashes occur. This data will be relevant for speed limit setting.

What is the procedure for

apprehending traffic offenders?

____________________________

Y☐ N☐ Is there a procedure for

contesting apprehensions?

What is the procedure for

contesting apprehensions?

____________________________

Y☐ N☐ Is there a mechanism for

evaluating effectiveness of speed

enforcement?

When was the last evaluation?

____________________________

Y☐ N☐ Is road crash data being

collected?

How is road crash data collected?

____________________________

How is road crash data reported?

____________________________

How often is road crash data reported? ___________________

☐ Budget for road safety / speed enforcement

______ Million annually

Source: _____________

Other sources: _____________

☐ Equipment

☐ Speed guns (______)

☐ Speed cameras (______)

Location/s:_______________

☐ Service vehicles (______)

☐ Road signs and furniture

☐ Speed limit signs (______)

☐ Precautionary signs (i.e., “Slow Down,”

“Reduce speed now”) (______)

☐ Traffic calming devices (______)

Kinds of devices installed: __________

☐ Other road furniture installed:

________________________

☐ Human Resources

☐ Traffic enforcers (______)

☐ LTO-deputized enforcers (______)

☐ Impounding area

Location: ___________________

Where there is no or insufficient road crash data, an alternative is to study the trend in neighboring and similarly-situated localities. Indicators of similarity are population size, road user mix, and commercial environment.

Analyze and disaggregate the data collected to identify blackspots.

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“Blackspots” are areas where road crashes often occur. DPWH defines blackspots as intersections or road areas with a high crash rate, or three high-severity crashes in a year over a period of three years. 2 If the LGU is already using the DRIVER System of the DOTr, blackspotting may be done using the data visualization tools of DRIVERS. (See 3.10.1 on how to enroll and use DRIVERS.)

Figure 2.1 Sample map showing blackspots in Metro Manila

using the DRIVER System

The LGU may use the following tool to identify blackspots:

☐ How many road crashes were recorded in

your city / municipality in the past 5 years?

(_______)

☐ How many road crash fatalities were

recorded in your city / municipality in the

past 5 years? (_______)

☐ How many road crashes resulting in severe

injuries were recorded in your city /

municipality in the past year? (_______)

☐ How many road crashes resulting in damage

to property were recorded in your city /

municipality in the past year? (_______)

☐ Which roads/streets have the highest

number of fatal road crashes or road crashes

resulting in injuries in your city /

municipality in the past 3 years? Identify 10

roads with the highest number of fatal road

crashes or road crashes resulting in injuries.

____________________________________

____________________________________

____________________________________

Figure 2.2 Pedestrians’ rate of survival when hit by a vehicle travelling at

different speeds

Vulnerable road users are road users that are most at risk in traffic. Vulnerable road users include pedestrians, cyclists, motorcyclists, children, the

elderly and persons with disability.

Under RA 4136 and JMC 2018-001, roads with a high volume of vulnerable road users are considered crowded streets.

Under RA 4136, LGUs are mandated to classify their roads to determine the appropriate speed limit. Because of the failure of LGUs to classify roads in accordance with the road classification under section 35 of RA 4136, speed limits in local roads have not been

set. Section 35 of RA 4136 provides the maximum allowable speed limit per road classification:

Open country roads with no “blind corners” not closely bordered by

habitations

80 50

“Through streets” or boulevards, clear of traffic, with no “blind corners” when so

designated

40 30

City and municipal

streets, with light traffic,

when not designated “through streets”

30 30

Collector roads and crowded streets

20 20

Identifying the types and variety of road users using the

road is relevant in determining appropriate speeds. Roads with a high mix of vulnerable road user must have survivable speeds.

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Notably, the road classification under section 35 of RA 4136 is not the same as the road classifications used by LGUs pursuant to DPWH Memorandum dated 14 April 2014 which classifies roads as national primary, national secondary, national tertiary, provincial, city/municipal, barangay roads, and expressways. Hence, even with the road inventories of LGUs, there is still a need to classify roads consistent with the classification under RA 4136. Otherwise, the applicable speed limits cannot be

determined. To classify roads as open roads, through streets, city/municipal roads, or crowded streets, LGUs may use this tool:

Open roads x x

Through streets x

City and municipal streets

x (light

traffic) Crowded

streets x

(medium to heavy

traffic)

Unless otherwise provided by law, rules and regulations issued by the DOTr, or a duly enacted ordinance by the city or municipal council, speed limits on national roads shall follow the recommended design speed under Volume IV of the DPWH Design Guidelines, Criteria and Standards, or such speed limit sign installed by the DPWH, provided, that the recommended or indicated speed does not exceed the maximum allowable speed limits under RA

4136.

To determine the appropriate speed limit for national roads, LGUs may use the following tool:

Provincial roads connect cities and municipalities without traversing national roads, or connect national roads to barangays

through rural areas, or connect to major

provincial government infrastructure. Provincial roads may be classified as open or through streets using Tool 2.4.

City or municipal streets under the DPWH classification have a corresponding

equivalent under RA 4136 with a speed limit of 30 kph. Hence, all city or municipal roads, unless classified as barangay roads or crowded streets, would have a speed limit of 30 kph.

Barangay roads, otherwise referred to as collector roads, are smaller roads that are not otherwise designated as city/municipal roads, through streets or open roads. Collector roads, because of the presumed presence of heavy pedestrian traffic, and because of the narrow road design, have a speed limit of 20 kph.

National Primary Roads

Flat Topography 80 kph Rolling Topography 60 kph Mountainous Topography 50 kph

National Secondary Roads

Flat Topography 70 kph Rolling Topography 60 kph Mountainous Topography 40 kph

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1 Speed Management: A road safety manual for decision-makers and practitioners, Geneva, Global Road Safety Partnership, 2008, p. 27. 2 Accident Blackspot Investigation Handbook, DPWH, 2004, p.4. 3 Section II.D (2), JMC No. 2018-001. Photo sources:

Figure 2.1: Data for Road Incident Visualization, Evaluating and Reporting System dashboard accessed at: https://roadsafety.gov.ph/#!/ Figure 2.2: Road Safety Authority accessed at: http://www.rsa.ie/en/RSA/Road-Safety/Campaigns/Archived-Campaigns/Mess--Crash/The-

statistics/

“Crowded streets” are streets with heavy pedestrian traffic, including all streets within a 500-meter radius of the perimeter of schools, public transportation terminals, markets, government buildings, churches and other places of worship, recreational places, facilities frequented by the youth, parks, shopping malls, movie houses, hotels,

restaurants, and other public places as may be determined by the city or municipality.3 Because these areas have high pedestrian traffic or a high mix of vulnerable road users, a speed limit of 20kph is recommended. Segments of national roads, provincial roads, and city or municipal streets may be classified as crowded streets if the above-mentioned indicators are present.

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In enacting a speed limit ordinance, LGUs may use the template speed limit ordinance endorsed under JMC 2018-001. The results in the assessment in part 2 should be used to fill in relevant details in the template speed limit ordinance.

LGUs are encouraged to use the template ordinance and adapt it in a way that is responsive to the local community’s needs. The template ordinance consists of the following main elements or provisions:

LGUs may also develop their own ordinances. However, to ensure that the speed limit ordinance will be effective and sustainable, it must contain the following minimum features:

The main elements of the template ordinance are

discussed in detail below:

The preambular clauses set out the rationale and legal basis for the enactment of the speed limit ordinance. LGUs’ authority to classify roads, and set and enforce speed limits are anchored on the following laws and administrative issuances:

Under RA 4136, LGUs, through the local Sanggunian, are mandated to classify all roads within their jurisdiction for traffic purposes, to determine the appropriate speed limits. If roads

are not classified, the applicable speed limit cannot be determined.

Under Section 16 (“General Welfare power”) of RA 7160 or the Local Government Code (“LGC”), LGUs shall exercise powers that are essential to the promotion of the general welfare of their constituents. Under Sections 447 (a)(5)(vi) and 458 (a)(5)(vi) of the LGC, cities and municipalities have the power to regulate traffic on all streets and bridges.

Under section 17 (b) of the LGC, cities and municipalities are empowered to provide their constituents with basic services and facilities including infrastructure like roads, bridges, traffic signals and road signs. Further, under section 21 of the LGC, cities and

municipalities have the power to regulate the use of their roads through a duly enacted ordinance.

The Joint Memorandum Circular No. 2018-001 issued by the DOTr, DPWH, and DILG reiterates the mandate of all LGUs to classify their roads in order to set speed limits by directing LGUs to enact an ordinance for this purpose. LGUs are also empowered to set lower speed limits on national roads when required by actual road

conditions and public safety, subject to the approval of DPWH and LTO regional offices.

Under the template ordinance, the default speed limit for all roads within the city or municipality, including roads without speed limit signs, is 30 kph. For barangay roads, the default speed limit is 20 kph.

The speed limits for other roads shall depend on their classification. The roads covered per

classification should be identified in the ordinance, for the guidance of the public, the lead agency and traffic enforcers. The table below shows an example of classified roads with appropriate speed limits:

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To protect vulnerable road users, cities and municipalities must also identify stretches of roads that may be considered as crowded streets under section 35 of RA 4136.1 (See Section 2.4 on the definition of crowded streets.) In case of linear strips of crowded areas or adjacent sections of crowded areas, the reckoning point for the five hundred (500)-meter radius shall be the first and the last

crowded public place. The actual start and end point of the crowded street shall depend on the location of the speed limit sign installed for this purpose.2 All roads not identified in the provision classifying roads and setting their speed limits shall follow the default speed limit for city and municipal roads.

When the actual road condition, road furniture, road use or road user mix require, for public safety, the

LGUs may lower applicable speed limit by classifying the road as a crowded street, or by indicating a lower speed limit.3 In case of national and provincial roads passing through the LGU, LGUs may classify the road or stretch of road as

a crowded street, or propose lower speed limits, subject to the approval of the DPWH and LTO regional offices or the province, respectively.

In the case of provincial roads constructed and/or maintained by the provincial government, the local city or municipal council shall recommend the appropriate speed to the provincial government. LGUs may refer to the DPWH Design, Guidelines, Standards and Criteria, Volume IV (2015) on the recommended design speed for flat, rolling and mountainous terrains to determine the appropriate speed.

Having a lead agency is necessary to centralize enforcement, and improve coordination and monitoring. The lead agency for speed enforcement is usually the local Public Order Office or Public Safety Department. The lead agency will be responsible for

enforcement, data collection, planning, coordination and conducting an IEC campaign.

o Cause installation of speed limit signs

o Assign traffic LEOs for speed

enforcement

o Enforce speed limit ordinance by

apprehending offending drivers,

issuing TCTs, and resolving protests

o Coordinate with other law enforcement

agencies for harmonization of

employment operations

o Train LEOs on speed enforcement

o Collect road crash data

o Submit speed management plan and

identify traffic blackspots

o Submit annual budget plan for

sustained implementation of

ordinance

o Coordinate with local engineer’s office

and DPWH on necessary engineering

treatments

o Ensure connectivity with LTO IT system

to allow for uploading information of

offending drivers who fail to redeem

their license

o Conduct public information campaigns

on speed enforcement and road safety

o Perform other tasks assigned by the

Mayor for implementation of the

ordinance

Open (National road)

Cagayan Valley Road

80 kph 50 kph

Through

(National road)

Cagayan-

Apayao Road (Tuguegarao

Sect.)

40 kph 30 kph

Crowded (Crowded street)

Linao Road (crossing)

20 kph 20 kph

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The lead agency is also responsible for coordinating with the following departments and offices for concerns falling within their area of expertise:

Establishing a standard enforcement procedure is important to guide traffic enforcers on the use of speed measurement devices in apprehending violators, as well as to inform the public of heir rights in case of apprehension.

To reduce the number of fatal crashes, enforcement must be strategic, targeted, visible and sustained. LGUs with limited resources may conduct targeted enforcement in areas with a high incidence of fatal crashes or with high average speeds. Moreover, speed enforcement must be conducted through the use of measurement devices like speed guns and speed cameras.

The standard enforcement procedure when using speed guns is as follows:

Speed limit signs are important in apprising drivers and

other road users of the applicable speed limit on a stretch of road. The maxim that “ignorance of the law excuses no one” cannot be relied upon if the goal of speed enforcement is to save lives. Moreover, it is impossible for road users to be able to memorize the applicable speed limits or for transient travellers to know them. Hence the need for speed limit signs. To ensure the timely installation of speed limit signs,

the ordinance must include an appropriation and procurement provision mandating the procurement of speed limit signs. (See sections 3.8 and 3.9 on appropriation and procurement.) Installation of signs shall be the responsibility of LGUs on local roads and of the DPWH for national roads. For portions of national roads classified as crowded streets

at the instance of the LGU or where there is an urgent

need, the City or Municipal Government may, subject to approval of the relevant DPWH Regional Office, cause the procurement and installation of speed limit signs. Otherwise, it may request the DPWH to install the speed limit signs. Speed limit signs shall follow the DPWH Road Signs and Pavement Markings Manual of the Highway Safety Design Standards (May 2012).

The spacing distance for speed limit signs shall depend

on the posted speed. The faster the posted speed, the farther apart the signs should be.

The standard enforcement procedure when using speed guns is as follows:

Design and construction of roads

• City/Municipal Engineer for local roads • Regional DPWH for national roads

Enforcement • Local traffic enforcers • LTO LEO

• PNP

Zoning • City/Municipal Planning Office

Installation of

road signs

•City/Municipal Engineer’s Office/Planning

Office, or other relevant office

Barangay

coordinating body

• City/Municipal Barangay Affairs Office or

other relevant office

Specialized areas

• pedestrian groups; • cyclists groups;

• motorcyclists associations;

• automotive associations; • road safety advocates; and • road safety experts.

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Driving at an inappropriate speed, or at a speed greater than that which will avoid a crash is considered “reckless driving. The DOTr defines reckless driving as operating a motor vehicle

without reasonable caution considering the road, atmosphere and weather conditions, or so to endanger property, safety or rights of any person or cause excessive or unreasonable damage to the highway.4 The enforcement procedure for apprehending offenders is as follows:

Driving at an inappropriate speed, or at a speed

greater than that which will avoid a crash is considered “reckless driving. The DOTr defines reckless driving as operating a motor vehicle without reasonable caution considering the road, atmosphere and weather conditions, or so to endanger property, safety or rights of any person or cause excessive or unreasonable damage to the highway.5

The enforcement procedure for apprehending

offenders is as follows:

Upon issuing the TCT to the offending driver, the law enforcement officer shall confiscate the driver’s license. The TCT shall be valid as a temporary operator’s permit for a period of seventy-two (72) hours from the time of its issuance. LGUs may adopt its own standard enforcement

procedure consistent with its own internal processes. However, all LGUS are encouraged to include the following minimum standards:

Note that speed guns and speed cameras vary in their accuracy. In developing the LGUs enforcement protocol, LGUs may consider the margin of error of speed guns or speed cameras. See Annex B for sample speed guns and cameras with retail prices.

A protest adjudication procedure must be in place to afford drivers an opportunity to contest their apprehension. Most LGUs have a general adjudication procedure in place but fail to communicate them properly to the public. Thus, a standard protest procedure is provided in the template ordinance.

A traffic adjudication board shall hear all protests in relation to the enforcement of the speed limit ordinance. The benefit of establishing a traffic adjudication board or traffic court is having an independent body in charge of deliberating traffic

contests and promoting the orderly

disposition of complaints. The traffic adjudication board shall issue rules of procedure governing its internal processes and adjudication process. In the absence of a traffic adjudication board, the ordinance may designate the Lead Agency as the body charged with

adjudicating disputes on traffic apprehensions.

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The certainty of being apprehended and subsequently penalized is an effective deterrent against speeding. Thus, aside from conducting visible and sustained enforcement, clear fines and penalties must be set out in the ordinance.

Under the Local Government Code,5 municipalities may impose fines and penalties up to Php2,500.00. For cities, the limit is Php5,000.00. Municipalities may also impose a penalty of imprisonment not exceeding six (6) months while cities may impose imprisonment not exceeding one (1) year.6 LGUs may also opt to impose an additional fine if the driver exceeds the prescribed speed limit by a certain rate, thus, exponentially increasing the crash risk and

severity of injury, provided that the total penalty does not exceed the limits under the Local Government

Code. Ex. If speed is 50 kph above the posted limit, an

additional fine of P500.00 shall be imposed.

LGUs may also opt to impose any of the following concurrent penalties:

An initial budget allocation for the implementation of the ordinance is needed to ensure that speed measurement devices will be procured, additional human resources hired, and speed limit signs are procured and installed. For succeeding years, the lead agency may include the budget for the implementation of the ordinance

in its annual budget plan in accordance with the LGUs

budgeting processes.

LGUs may fund the implementation of the speed limit ordinance using the following fund sources:

Many local speed limit ordinances have not been implemented due to the lack of speed measurement devices. The template ordinance provides for the initial procurement of these devices to ensure implementation of the ordinance. LGUs are encouraged to procure a mixture of fixed speed cameras that can be placed in high risk areas,

and mobile or portable speed cameras or speed

guns for speed patrolling.

Poor road crash data collection contributes to low speed enforcement in the Philippines. Good road crash data lead to the development of targeted and evidence-based policies.

By collecting road crash data, the LGU will also be able to monitor the effectiveness of the speed limit ordinance. Under JMC No. 2018-001, LGUs are encouraged to use the DOTr’s Data for Road Incident Visualization, Evaluation, and Reporting System (DRIVERS) to encode, process and analyze road crash data. The DRIVER system is a free, web-based platform for

encoding of road crash data. It features various visualization functions that will help the LGU to easily analyze its own road crash data.

It may be accessed at: www.roadsafety.gov.ph.

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http://www.roadsafety.gov.ph/

Figure 3.1 DRIVERS Dashboard

LGUs are required to designate at least two (2) analysts to use the DRIVER system. The

analyst shall be granted access to the system by submitting a letter of intent to the DOTr, signed by the mayor, through any of the following modes:

LGUs may also request to cancel, delete or revise user access by submitting a Letter of Intent to the DOTr. See Annex C for a sample letter of intent to

enroll an analyst, delete, or revise user access . For an interactive tutorial on operating the DRIVER System, log on to www.roadsafety.ph.

Figure 3. 2 DRIVERS Official User Manual Homepage

LGUs without reliable internet access may also opt to collect data manually and request the Regional LTO or Regional DILG Office for permission to use its Information Technology infrastructure to upload their

data regularly.

Over time, roads may be reclassified or converted to other types of roads as a result of land development, local investments, infrastructure, or even migration. This reclassification or conversion of such roads would require a re-evaluation of the applicable speed limit. Thus, under the template ordinance, it is recommended that LGUs review their speed limits every three years to ensure that the same are

appropriate for the actual road circumstances.

Any new policy requires a well prepared and targeted IEC campaign to introduce it to the public and inform the latter of its scheduled implementation. An effective IEC campaign will help ease the implementation, as the public will be prepared to comply with the policy change. Information, education and communication campaigns on the speed limit ordinance should be

launched at least 6 months prior to implementation

of the speed limit ordinance to ensure wide reach. The campaign may focus on the following features of the ordinance:

16

Barangay officials may coordinate with the Lead Agency for setting safer speeds on roads within their jurisdiction.

The barangay should be consulted in identifying crowded streets or high risk roads within the barangay.

The DOTr, LTO, and DPWH shall supervise and monitor the classification of roads and setting of speed limits by LGUs. LGUs may direct all concerns to the following offices:

Consultation with civil society organizations and representatives who can serve as technical experts, resource persons on law and communications and policy advocates can make a significant contribution to the enactment and implementation of the policy.

The following organizations may render technical assistance to LGUs in enacting the speed limit ordinance:

1 Section II.D.2, JMC No. 2018-001. 2 Section II.D.2, JMC No. 2018-001. 3 Section II.D.1, JMC No. 2018-001. 4 Joint Administrative Order No. 2014-01, Department of Transportation and Communication, 02 June 2014. 5 Sections 447(a)(1)(iii) and 458(a)(1)(iii), RA No. 7160. 6 Sections 447(a)(1)(iii) and 458(a)(1)(iii), RA No. 7160. 7 Section 17 (f), RA No. 7160. Photo sources: Figure 3.1: DRIVERS dashboard accessed at: www.roadsafety.gov.ph

Figure 3.2: DRIVERS Official User Manual homepage accessed

at: www.roadsafety.ph

ImagineLaw 401 TCI Tower

West Capitol Drive, Kapitolyo

Pasig City 1603

(02) 532-7258

Global Road Safety

Partnership

Asian Development Bank

Mandaluyong, Metro Manila

World Health

Organization –

Non-

Communicable

Diseases and Road

Safety

National Tuberculosis Centre

Building

2/F Bldg. 9

Department of Health

San Lazaro Hospital

Compound

Sta. Cruz, Manila

(02) 5289763

(02) 5289765

DAKILA Unit 3A VS1 Building, 34

Kalayaan Avenue, Barangay

Malaya,

Quezon City

UP National Center

for Transportation

Studies

G. Apacible st., Diliman,

Quezon City

(02) 929-0495

League of

Municipalities of

the Philippines

Secretariat

265 Ermin Garcia Avenue

Cubao, Quezon City

(02) 913-5737

League of Cities of

the Philippines

Secretariat

Unit J & K, 7th Floor, CyberOne

Building

Eastwood Libis, Quezon City

(02) 470-6837

For concerns related to (i)

the DRIVER System; and

(ii) for requests for

training on enactment of

the speed limit ordinance

DOTr Office of the Undersecretary

Road Transport and

Infrastructure

Department of Transportation Clark Freeport Zone

Mabalacat, Pampanga

For concerns related to

speed limit setting and

enforcement

LTO Office of the Executive

Director

Land Transportation Office

1200 East Avenue, Diliman

Quezon City, Metro Manila


speed limit setting

DPWH Office of the Director

Bureau of Quality and

Safety

Department of Public Works and

Highways Bonifacio Drive, Port Area

Manila


classification of roads

DPWH Office of the Director

Planning Service

Department of Public Works and

Highways

Bonifacio Drive, Port Area Manila


speed limit enforcement

(Metro Manila area)

MMDA Office of the Director

Traffic Discipline Office

Metro Manila Development

Authority

MMDA Building

EDSA cor. Orense St., Guadalupe Nuevo, Makati City

17

Monitoring and evaluation of the implementation of the template ordinance is important for policy development and increased compliance and enforcement. The LGU, should closely monitor the impact of speed limit ordinances and identify and address gaps in implementation. A well-defined system for evaluation of enforcement activities must be established.

The following may be considered indicators of

success in the enactment and implementation

of the speed limit ordinance:1

1 Speed Management: A road safety manual for decision-makers and practitioners, Geneva, Global Road Safety Partnership, 2008, p. 145.

2 Institutional and Legal Assessment in Local Speed Limit Setting

and Enforcement in the Philippines, ImagineLaw, 2016.

See Annex D for a sample evaluation report.

The key success indicators may be found in the following data sources:

Initial evaluations may be conducted as early as six months to one year. Scheduling an initial evaluation as early as possible, depending on the availability and quality of data, would provide an opportunity to report the program’s early success and encourage compliance. Regular evaluations may be conducted every three years or on a shorter interval to measure the effectivity of the policy.

As seen from the success in speed limit enforcement in Davao City,2 reporting the early success of the speed limit ordinance increases compliance and deters offenders. As early as six months from implementation, LGUs can report success in enforcing the speed limit ordinance by highlighting the following:

Continue publicizing enforcement activities and the success of the implementation of the ordinance to raise the morale of the community and further deter violators.

18

Regards, Engr. BBB City/Municipal Engineer

Noted by: Hon. Mayor CCC City/Municipal Mayor

These road classifications and/or speed limits shall be adopted in the speed limit ordinance to be enacted by our city/municipality.

We shall await your response on how to proceed. Thank you for your usual prompt response on this matter.

Republic of the Philippines (AAA) City/ Municipality of (AAA)

__ May 2018

Dir. Danilo E. Versola Regional Director Region VII

Department of Public Works and Highways (DPWH) Office of the Regional Director Rawis, Legaspi City 4500 Albay

Dir. Noreen Bernadette S. San Luis-Lutey Regional Director

Region V Land Transportation Office (LTO) Office of the Regional Director Regional Government Center

Legaspi City 4500 Albay

Dear Directors Versola and San Luis-Lutey:

On January 17, 2018, the Department of Transportation, Department of Public Works and Highways (DPWH), and

Department of the Interior and Local Government issued Joint Memorandum Circular (JMC) No. 2018-001 setting

“Guidelines and Standards for Classification of Roads, Setting of Speed Limits under Republic Act No. 4136, and Collection of Road Crash Data” for local government units (LGUs).

Pursuant to sections II.D.1 and II.D.2 of JMC 2018-001, LGUs are empowered to classify national roads or road

segments as crowded streets, as applicable, or to request for the lowering of speed limits on national roads in consideration of the actual road conditions, subject to the approval of the DPWH and Land Transportation Office (LTO)

regional offices.

In line with our mandate under JMC 2018-001, the city/municipal government of (AAA) proposes the classification of

the following national roads or road segments under the jurisdiction of the LTO -Region V and DPWH–Region V as crowded streets, with a speed limit of 20 kph under RA 4136:

1. XXX

2. XXX

We likewise request for the lowering of the speed limit for the following roads in view of the actual road conditions

and the presence of a high number of vulnerable road users such as pedestrians, school children, and cycl ists on said roads:

1. XXX 60 kph 40 kph



19

*Conversion at $1 to Php 52.35 via Google.com

Lanhai LS-HC10 Laser Speed Gun $2,600.00 to 3,200.00 or approx. Php 136,099.60.00 to 167,507.20 Site: Alibaba accessed at: https://www.alibaba.com/product-

detail/Police-Laser-Speed-Gun-With-

Speed_823133971.html?spm=a2700.7724838.2017115.270.679

27e51Y5aD6W

Pacecat LH10-20 Lase Speed Gun with Touch Display Screen

$2,900.00 to 4,000 or approx. Php 151,803.40 to 209,384.00 Site: Alibaba accessed at: https://www.alibaba.com/product-

detail/Laser-Speed-Gun-With-4-

3_60328903292.html?spm=a2700.7724838.2017115.281.67927e

51Y5aD6W

Aspreys CSR-66 Hand held Radar Speed Gun

$760.00 to 960.00 or approx. Php 39,782.96 or 50,252.16

Site: Alibaba accessed at: https://www.alibaba.com/product-

detail/Handheld-Patrol-Radar-Speed-Gun-

RSG_566002864.html?spm=a2700.7724838.2017115.67.145e22

a3Z1cnwT

Landun LDR Speed Gun $800.00 to 1,000.00 or approx. Php 41,876.80 to 52,346.00


detail/Traffic-Police-radar-gun-speed-

measuring_10425803.html?spm=a2700.7724838.2017115.226.1

45e22a3Z1cnwT

Speed Gun with 2MP Camera Handheld Style

Php 509,000.00 Site: OLX accessed at: https://www.olx.ph/item/speed-gun-with-2mp-camera-

handheld-style-ID8gVkE.html?h=34c64c51c8

Bushnell 1019110 Radar Gun

(Baseball)

$299.00 to 500.00 or

approx. Php 15,651.45 to 26,173.00 Site: Alibaba accessed at: https://www.alibaba.com/product-

detail/Bushnell-Radar-Speed-

Gun_50007588616.html?spm=a2700.7724838.2017115.233.145

e22a3Z1cnwT

Contrastech Mars5000-20GM 5mp GigE Vision Traffic Speed

Cameras

Ranges from $690 to 762 or approx. Php 36,118.74 to 39,887.65


detail/Mars5000-20GM-Promotion-Sale-5mp-

GigE_60735257504.html?spm=a2700.7735675.2017115.1.xrYN1

q&s=p

Foshvision 1km PTZ Laser Day & Night Vision IP Camera FS-1620HD

Ranges from $1,000-10,000 or approx. Php 52,346.00 to 523,460.00 Site: Alibaba accessed at: https://www.alibaba.com/product-

detail/1-5km-Laser-PTZ-Camera-

for_60677910245.html?spm=a2700.7735675.2017115.36.xrYN1

q&s=p

Dean Tech DASLZ-15B speed camera

Ranges from $6,900-7,800 or approx. Php 361,187.40 to 408,298.80 Site: Alibaba accessed at: https://www.alibaba.com/product-

detail/best-price-radar-speed-camera-

police_60742900511.html?spm=a2700.7735675.2017115.29.xrY

N1q&s=p

SOWZE Radar PTZ Speed Camera

SW-ZP2000LS

Ranges from $1,500 to 3,000 or approx. Php 78,519.00 to

157,038.00 Site: Alibaba accessed at: https://www.alibaba.com/product-detail/Traffic-Police-Use-

Radar-Speed-

Detector_60753098918.html?spm=a2700.7724838.2017115.103

.d9377debShwDzK

20

Republic of the Philippines XXX City/ Municipality of XXX

<Date>

MARK RICHMUND M. DE LEON Assistant Secretary for Road Transport and Infrastructure Department of Transportation

Dear Asec. De Leon:

This is to signify our intent to participate in the nationwide gathering of road crash data through the DRIVER

System. Below are the data of our LGU pertinent to the use of DRIVER System:

Respectfully,

NAME Head of LGU

Name of (Lead) Data Encoder

Designation

Email address (roadsafety.< your

city/municipality/province>@gmail.com)

Alternate email address of office/staff

Mobile Number

Landline Number

Fax Number

21

Reporting date: Period covered by the report:

Republic of the Philippines XXX City/ Municipality of XXX

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec








List roads with recorded road crash

fatalities and injuries from highest to lowest

List roads with recorded road crashes

from highest to lowest

1. 1.

2. 2.

3. 3.

4. 4.

5. 5.

22

Average speed recorded in all crashes

Average speed recorded in crashes resulting in

fatalities

Average speed recorded in crashes resulting in injuries

Average speed recorded in crashes resulting in

damage to property

Type of road users involved in fatalities where

speed was identified as primary or contributory cause

(list top 3 ranked from highest to lowest number)

Type of road users involved in incidents which

resulted in injuries where speed was identified as primary or contributory cause

(list top 3 ranked from highest to lowest number)

Types of injuries sustained where speed was

identified as primary or contributory cause (list top 3 ranked from highest to lowest number)

Severity of injuries sustained where speed was

identified as primary or contributory cause (Average)

Total number of law enforcement officers xxx

Total number of law enforcement officers assigned to speed enforcement

xxx X%

Total number of law enforcement officers dedicated to speed enforcement

xxx X%

Total number of law enforcement officers trained on speed enforcement

xxx X%

Number of violators apprehended for speed limit ordinance violations

(List offenses) xxx

Number of cases appealed in speed limit ordinance violations xxx

Number of convictions in speed limit ordinance violations xxx

Number of acquittals in speed limit ordinance violations xxx

Total amount of fines collected in speed limit ordinance violations

xxx

Gaps identified Recommendations

23

Documents

asdasAmeia - ImagineLawimaginelaw.ph/wp-content/uploads/2018/05/ImagineLaw...2018/05/25 · An estimated 1.2 million die and over 50 million are injured in road crashes across the