Implementing Rules and Regulations (IRR) of Republic Act No. 11311

September 24, 2021

IMPLEMENTING RULES AND REGULATIONS (IRR) OF 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

RULE I

Preliminary Provisions

SECTION 1. Short Title and Purpose. —

These Rules shall be referred to as the Implementing Rules and Regulations (IRR) of Republic Act No. 11311, otherwise known as the "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 2. 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 convenience and 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 3. Definition of Terms. —

As used in this IRR:

a. Act refers to Republic Act No. 11311, "An Act to Improve Land Transportation Terminal Stations, Stops, Rest Areas and Roll-on/Roll-off Terminals, Appropriating funds therefor, and for other purposes."

b. Barrier-free Design refers to the design of facilities that does not impede use by individuals with special physical needs or Persons with Disabilities (PWDs), involving the provision of alternative means of access to steps.

c. Clientele refers to all persons who utilize land transport terminals, stations, stops, rest areas and roll-on/roll-off terminals, i.e., male, female, pregnant women, senior citizens, PWDs and children.

d. DICT refers to the Department of Information and Communications Technology.

e. DILG refers to the Department of the Interior and Local Government.

f. DOH refers to the Department of Health.

g. DOTr refers to the Department of Transportation.

h. LGU refers to the Local Government Unit.

i. LTFRB refers to the Land Transportation Franchising and Regulatory Board.

j. NGA refers to the National Government Agencies.

k. PPA refers to the Philippine Ports Authority.

l. 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.

m. 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.

n. 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.

o. R.A. No. 10028 refers to Republic Act No. 10028, "Expanded Breastfeeding Promotion Act of 2009."

p. R.A. No. 10929 refers to Republic Act No. 10929, "Free Internet Access in Public Places Act."

q. 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 travelers or commuters.

r. RORO terminal refers to a terminal which is part of the Road Roll-On/Roll-off Terminal System (RRTS).

s. RRTS refers to the network of terminals all over the country, regardless of distance covered and linked by RORO vessels.

t. Sanitation Code refers to Presidential Decree No. 856 or the "Code on Sanitation of the Philippines."

u. Sanitary Facilities refers to a set of facilities that include at least a combination of comfort room and hand-washing facilities including sewage containment in a form of septic tank or on-site wastewater treatment facility as detailed in Section 7 of this IRR.

RULE II

Coverage

SECTION 4. Coverage. —

This IRR shall cover all land transport and RORO terminals which shall include, but not limited to, the following:

a. Terminals, stations, stops and rest areas owned and/or operated by the LGUs, NGAs and other government instrumentalities;

b. Terminals, stations, stops and rest areas owned and/or operated by a transport operator for exclusive use of its Public Utility Vehicles (PUVs);

c. Terminals, stations, stops and rest areas owned and/or operated by a transport operator for its use and use by other transport operators;

d. Terminals, stations, stops and rest areas owned and/or operated by a private entity for the use of public land transport; and

e. Terminals, stations, stops and rest areas owned and/or operated in partnership between a government entity and a private entity.

RULE III

Program Implementation

SECTION 5. Role of the DOTr. —

The DOTr shall be the lead implementing agency that oversee the timely, effective and efficient implementation of RA 11311 and this IRR.

NGAs, LGUs, the private sector, and concerned organizations shall provide support to and cooperate with DOTr, being the lead agency, in order to ensure the successful implementation of the Act.

For purposes of administering the provisions of RA 11311, the DOTr shall:

1. Establish a Unit to oversee the strict implementation of the Act as well as other pertinent circulars with respect to compliance of land transportation terminals/stations, stops, rest areas and RORO terminals to the guidelines and minimum standards required by law and to ensure that the same is being substantially complied by concerned parties from both business and transport sectors with primordial purpose of promoting the general welfare of the commuting public;

2. Prescribe policies and regulations and coordinate the timely and effective implementation of RA 11311;

3. Establish the process for accreditation of all land transportation terminals, stations, stops, rest areas and RORO Terminals;

4. Prepare the necessary funding proposal for the enforcement of the law through the aforementioned Unit which shall be sourced from the General Appropriation, as well as tap other possible fund sources from private, government, foreign, or domestic, including official development assistance and bilateral and multilateral loans, subject to existing laws and regulations;

5. Authorize inspection teams to take the lead in the inspection, monitoring, supervision and assessment on the compliance of all land transport and RORO terminals to the provisions of the Act and this IRR;

6. Impose penalties, fines, as well as issue closure order against terminal operators who have violated the minimum or standard provisions of the Act and this IRR despite proper and due notice;

7. Coordinate with NGAs, LGUs, private sector and concerned organizations to ensure that the requirements and/or compliance to the standards required of the Act and this IRR are integrated with the plans and budgets of all agencies mandated to implement and/or carry out the provisions of the Act and this IRR and. n

SECTION 6. Provision of Free Internet. —

The DICT, in coordination with the DOTr and other concerned agencies and local government units, shall ensure that free internet services are provided in public land transport terminals, stations, stops, rest areas and RORO terminals pursuant to R.A. No. 10929, otherwise known as the "Free Internet Access in Public Places Act." Privately operated terminals shall also provide free public internet services within their customer lounges and waiting areas. Respectively, Owners, Operators or Administrators shall ensure the immediate implementation and service management of this provision, including physical security of installed equipment and the designation of a service manager at their respective establishment.

The public internet access service shall not require users to provide their personal identifiable information in order to access the service and shall adhere to all data privacy provision in R.A. 10173 or the "Data Privacy Act of 2012."

Further, the service availability of the Public Internet Access Service in land transport terminals, stations, stops, rest areas and RORO terminals shall be on a 24/7 basis with a minimum information rate of 2 Mbps per user or as prescribed by the DICT.

Apart from the Free Public Internet Access Fund stipulated in RA No. 10929, the DICT shall request supplemental funding to cover the expanded scope of the free internet access program provided under RA No. 11311.

SECTION 7. Provision of Clean Sanitary Facilities. —

The owner, operator or administrator of land transport terminals, stations, stops, rest areas and RORO terminals shall provide free 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.

Restrooms for PWDs shall be easily accessible, provided with adequate turning space and designed Barrier-Free pursuant to Batas Pambansa (BP) No. 344 or "An Act to Enhance the Mobility of Disabled Persons by Requiring Certain Buildings, Institutions, Establishments and Public Utilities to Install Facilities and Other Devices" and its rules and regulations.

In implementing this provision, owners, operators, or administrators of land transport terminals, stations, stops, rest areas, and RORO terminals shall comply with the applicable quantity, standards and specifications under Presidential Decree No. 856, otherwise known as the "Code on Sanitation of the Philippines" and its implementing rules and regulations. Pursuant to Chapter IX, Section 54 of the Sanitation Code, rest areas, bus terminals, bus stops and service stations shall be provided with the following for the convenience and personal necessities of the travelling public:

a. Rest areas, bus terminals, bus stops and service stations shall be established with ample area to prevent overcrowding of motor vehicles and travelers.

b. They shall be provided with adequate ventilation and lighting and away from sources of nuisance.

c. Safe and adequate water supply shall be provided in accordance with the provisions of Chapter II of the Sanitation Code.

d. Excrete and sewage collection and disposal shall be provided in accordance with the provisions of Chapter XVII of the Sanitation Code.

e. Refuse collection and disposal shall be in accordance with the provisions of Chapter XVIII of the Sanitation Code.

f. Adequate number of comfort rooms shall be provided as well as auxiliary facilities therein in accordance with the provisions on Chapter XVII of the Sanitation Code.

SECTION 8. 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 the Act, the concerned passenger must show the paid bus, ship or RORO ticket for the day in order to avail of the free use of sanitary facilities. In case of stranded passengers, continuous use of aforesaid facilities shall be afforded to them free of charge.

Provided, however, that the provisions of the 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. Provided, further, that such well-appointed or deluxe sanitary facility is not the only available facility therein that passengers may freely use.

SECTION 9. Establishment of Lactation Stations. —

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 the R.A. No. 7600 as amended by the R.A. No. 10028, otherwise known "Expanded Breastfeeding Promotion Act of 2009" and its rules and regulations.

Under Section 11 of the Expanded Breastfeeding Promotion Act of 2009, lactation stations shall be adequately provided with the necessary equipment and facilities with standards defined by the DOH, such as:

a. lavatory with clean running and/or stock water and soap, unless there is an easily-accessible lavatory nearby;

b. refrigeration or appropriate cooling facilities for storing expressed breastmilk;

c. electrical outlets for breast pumps;

d. a small table;

e. comfortable seats;

f. information and education materials on maternal nutrition, exclusive and continued breastfeeding and lactation, and complementary feeding; and

g. policy and guidelines for use of the lactation station, posted in an immediately visible area to guide users of the facility in making themselves comfortable and ensuring order in the facility.

Further, the lactation stations should be well ventilated, comfortable and free from contaminants and hazardous substances, and shall ensure privacy of women to express their milk and/or in appropriate cases, breastfeed their child.

The owners, operators and administrators of land transport terminal, stations, stops, rest areas and RORO terminals shall take strict measures to prevent any direct or indirect form of promotion, marketing, and/or sales of infant formula and/or breastmilk substitutes within the lactation stations, or in any event or circumstances which may be conducive to the same, according to the rules of Executive Order 51, series 1986 (The Philippine Milk Code) and its implementing rules and regulations. Other policies that regulate marketing of specific products to the general public, mothers, and children — such as Article 5.3 of the Framework Convention on Tobacco Control shall also apply in these spaces.

Land transport terminals, stations, stops, rest areas and RORO terminals satisfying the requirements under the R.A. 10028 relative to the establishment of a proper lactation station may apply with the local DOH office for a Mother-Baby Friendly Workplace (MBFW) Certification.

RULE IV

Penalties

SECTION 10. Penalties. —

Failure of any owner, operators or administrator of land transport terminals, stations, stops, rest areas and RORO terminals, whether public or private, to comply with the provisions of the Act shall subject the same to fines and penalties which shall be imposed in the manner hereunder described:

For Section 7 "Provision of Clean Sanitary Facilities" and Section 9 "Establishment of Lactation Stations" of this IRR

a. Reprimand with Notice of Comply within thirty (30) calendar days from the receipt thereof.

b. Failure to comply with the standards for sanitary facilities under Section 4 of the Act and Section 7 of this IRR after the grace period stipulated in said Notice shall be liable to a fine of Five Thousand Pesos (PhP5,000) for each day of violation.

c. Failure to provide and maintain a lactation station as required under Section 6 of the Act and Section 9 of this IRR after the grace period stipulated in said Notice shall be liable for a fine of Five Thousand Pesos (PhP5,000) for each day of violation from the date of non-compliance, in addition to the penalties and sanctions under Section 21 of R.A. No. 10028.

For Section 8 "Prohibition of Collection of Fees to Access Sanitary Facilities" of this IRR

a. Violation of the prohibition of collection of fees to access sanitary facilities under Section 5 of the Act and Section 8 of this IRR shall be liable for a fine of Five Thousand Pesos (PhP5,000) for each day of violation.

SECTION 11. Review of Penalties. —

The LTFRB shall, after five (5) years from the effectivity of the Act and once every five (5) years thereafter, review the applicability and enforcement of the fines prescribed above and the necessary adjustments of the fine imposed subject to the approval of the Secretary of the Department of Transportation.

RULE V

Enforcement and Inspection

SECTION 12. Enforcement and Assistance by Other Agencies. —

The DICT, DILG, DOH, LTFRB, PPA and other concerned government agencies and instrumentalities, such as, but not limited to, the respective provincial/local government units and special economic zone authorities, shall also be responsible for the enforcement of the foregoing provisions and shall render assistance as may be required by the DOTr in order to effectively implement the provisions of the Act and this IRR.

SECTION 13. Inspection. —

The authorized Inspection Teams, led by the DOTr and composed of representatives from the aforementioned concerned government agencies, shall conduct random ocular inspections at least twice a year to ensure that such establishments comply with all provisions of the Act.

SECTION 14. Stops and Rest Areas. —

For stops and rest areas operating primarily as restaurants or other businesses, owners, operators, and/or administrators must execute an undertaking that they shall comply with the provisions of the Act and this IRR in their application for a business permit, and that failure to do so will subject them to fines or penalties provided for by Law. Said undertaking shall be submitted to the DOTr and the authorized inspection team who shall conduct the necessary inspection to determine actual compliance, in coordination with the DILG.

RULE VI

Transitory Provisions

SECTION 15. Transition Period. —

A transitory period of not more than six (6) months shall be observed from the effectivity of this IRR to allow owners, operators and administrators of land transport terminals, stations, stops, rest areas and RORO terminals to comply fully with all the provisions and requirements of the Act and this IRR.

RULE VII

Amendments

SECTION 16. Amendatory Clause. —

The DOTr, in coordination with DICT, DOH, LTFRB, PPA and other concerned government agencies may cause the amendment of this IRR, as the need arises.

RULE VIII

Final Provisions

SECTION 17. Repealing Clause. —

All laws, decrees, orders, rules and regulations or other issuances or parts thereof inconsistent with the provisions of the Act and its IRR are hereby repealed modified and/or amended accordingly.

SECTION 18. Separability Clause. —

If for any reason any section or provision of the Act and this IRR is declared unconstitutional, other provisions hereof which are not affected thereby shall continue to be in full force and effect.

SECTION 19. Effectivity. —

This IRR shall take effect fifteen (15) calendar days after its publication in the Official Gazette or in a newspaper of general nationwide circulation and upon filing with the University of the Philippines Law Center of three (3) certified copies.

DONE this ___ day of ___________, _____.

(SGD.) FRANCISCO T. DUQUE IIISecretary

(SGD.) GREGORIO B. HONASAN IISecretary

(SGD.) ARTHUR P. TUGADESecretary

(SGD.) JAY DANIEL R. SANTIAGOGeneral Manager

(SGD.) MARTIN B. DELGRA IIIChairman

n Note from the Publisher: Copied verbatim from the official document.