Senators slam LTO, LTFRB over Bontoc tragedy

MANILA, Philippines - Senate minority leader Vicente Sotto III wants an inquiry into the Bontoc bus tragedy to determine if there was fault on the part of the Land Transportation Office (LTO) and the Land Transportation Franchising and Regulatory Board (LTFRB).

Sotto slammed the LTO and LTFRB for the late conduct of inspections of buses and terminals after accidents have happened, citing the case of the Florida bus line that continued operations despite lack of proper franchises.

Sen. Francis "Chiz" Escudero expressed belief that accidents would have been prevented had the LTO and the LTFRB strictly imposed rules and regulations in ensuring passenger safety.

Escudero said regulators like the LTO and the LTFRB should strictly implement the road safety fundamentals of all public utility vehicles. “They have the responsibility to make all public transportations reasonably safe to drive and to travel on."

Escudero said these two agencies should conduct strict, regular inspections of all PUVs not only when an accident has already occurred.

Escudero said these agencies should totally cleanse its system from fixers.

“Every year a vehicle needs to be registered; its engine needs to be inspected for safety. Every year emission standards need to be met. If LTO and LTFRB are just implementing these rules with hawk’s eyes, then the number of vehicular crashes can be minimized,” he said.

Speed limiter

In a bid to prevent over-speeding that often results to fatal accidents, Sen. Juan Victor Ejercito has filed a measure that will mandate the installation of a device called speed limiter to all public utility buses.

Under Senate Bill 2110, dubbed as the “Electronic Speed Limiter Act of 2014,” Ejercito hopes to limit the speed of all city and provincial buses so that the safety of passengers and commuters are ensured by public transport operators.

Ejercito said the installed speed limiter will be programmed at a maximum of 60 kilometers per hour for public utility buses traversing EDSA and a maximum of 80 kilometers per hour for those traversing expressways.

To increase measures that will boost the safety of passengers and commuters, the senator also batted for the need to install close-circuit television (CCTV) cameras inside city and provincial buses to serve as "black box," wherein investigators can review the CCTV in case an accident happens.

Once approved into law, the measure will mandate the installation of electronic speed limiters to public utility buses in order to strictly enforce the speed limit.

“We should have a more proactive and preventive approach to secure the safety of passengers and bystanders on roads and highways,” Ejercito said.

A speed limiter is a device which limits the top speed of a moving vehicle to a pre-programmed maximum speed per hour. The device has a series of sensors that will detect the speed and communicate the information to the engine's computer.

Once the pre-determined top speed is reached, the computer steps in and restricts the flow of air and fuel to the engine and it will be unable to exceed the maximum speed.

Stiffer penalties

Escudero had introduced Senate Bill Number 123 (SBN 123) which penalizes bus drivers who commit criminal negligence in road mishaps with 20 years of imprisonment once the bill passes. The senator wants to provide more teeth to existing preventive policies to achieve safety benefits.

Common carriers' criminal liability is found in Article 365 of the Revised Penal Code, Criminal Negligence, which provides as penalty of imprisonment arresto mayor to prision correccional or from one (1) month to four (4) years and two (2) months, depending on the gravity of the resultant crime or felony.

Escudero said these penalties may no longer be apt with the way common carriers, especially buses, have lightly treated their obligation under existing laws. He added that the culture of carelessness among buses or common carriers is already too alarming to ignore.

“As a matter of fundamental statutory policy, common carriers are required to carry their passengers safely as far as human care and foresight can provide, using utmost diligence of very cautious persons, with due regard for all the circumstances."