Party-list group calls for comprehensive motorcycle taxi liability guidelines | Traffic Center - video Dailymotion

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The Puwersa ng Bayaning Atleta (PBA) partylist calls for the crafting of comprehensive guidelines defining the liability of motorcycle taxis especially during accidents.  PBA partylist Representative Migs Nograles says accountability and safety must be prioritized over convenience in these services.  To tell us more about their appeal is Representative Margarita Nograles.  Visit our website for more #NewsYouCanTrust: https://www.cnnphilippines.com/  Follow our social media pages:  • Facebook: https://www.facebook.com/CNNPhilippines • Instagram: https://www.instagram.com/cnnphilippines/ • Twitter: https://twitter.com/cnnphilippines

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00:00 The Puerto de Bayaneng Atleta or PBA Party List calls for the crafting of comprehensive guidelines

00:05 defining the liability of motorcycle taxis especially during accidents.

00:11 PBA Party List representative Migz Nograles says

00:14 accountability and safety must be prioritized over convenience in these services.

00:20 To tell us more about their appeal is representative Margarita Nograles

00:24 live here in the studio. Good afternoon representative Nograles and welcome to Traffic Center.

00:29 Good afternoon and thank you for inviting me to talk about this very crucial issue that we have

00:35 to address nowadays especially when it comes to this pilot study and when it comes to legislation

00:41 when it comes to this motorcycle taxi vehicle law.

00:44 So ma'am let's get right to it. How would you assess the current state of motorcycle

00:48 taxis here in the country? Would you say they're safe and reliable?

00:51 You know there are studies we did the hearing last week and they were saying that their safety

00:58 records are pretty high but there are accidents that they have reported.

01:03 Of course. But there is this problem that I am trying

01:07 to address that when there are accidents although there are insurances covered and they have set

01:14 guidelines to safety measures. Right.

01:16 We don't know who to blame once these accidents happen which is very inevitable.

01:22 So when death occurs or any physical injury occurs we don't know who to blame.

01:28 Is it going to be the driver or is it going to be the company which is the TNC?

01:32 Because as a TNC under the Public Service Act as amended they are not considered as public

01:40 utility vehicles. So that means they're like private utility

01:44 vehicles like any other car that we have. Right.

01:46 You mentioned there are current guidelines. Yes.

01:49 Are you saying there's a need to update these guidelines?

01:51 Yes. During that hearing I really asked LTFRB

01:55 to please include these guidelines to include liability into the guidelines to know for the

02:08 public to know not just the safety but also who can we question, who can we go after for any

02:16 injuries or death that occurs. So liability is just one of the gaps.

02:21 There's a lot to unpack. How does the Congress address the gaps of these motorcycle/taxi

02:25 pilot studies so far? Well now we have a technical working group

02:29 which includes the DOTR and all these other groups and that is why there is this pilot study.

02:34 Right. And there's this call,

02:36 this is what I'm saying, this is a call for expansion and added players among the three

02:42 players that's already there. But then if we don't address this liability issue

02:47 then how can we study this even more if they don't set a set of guidelines for this liability then

02:54 it's something that we can't really study and craft a bill and legislation that addresses all

03:02 these other factors. Right.

03:03 We heard ma'am that you have reservations in adding more stakeholders. Is this why?

03:08 Yes. Because how can you add stakeholders when we don't even know who to run after to begin with?

03:14 Right. There are different aspects of the law which require diligence. It's very complicated.

03:19 Right. If you're a common carrier you are required

03:23 to do extraordinary diligence. But then there was also a memorandum circular that was given

03:29 2015 that these TNTs or transport providers can only do ordinary diligence.

03:41 Okay. So now you don't know what type of

03:44 diligence would be required for these drivers. Can you explain that a little more? When you

03:48 say ordinary diligence what does that mean? So ordinary diligence by definition of law is just

03:55 acting like a good father family. So you just make sure that nothing else would happen,

04:02 you took care of everything, you did the oversight. Extraordinary diligence with the term extra.

04:08 Right. You have to make sure that everything else from plan A to step A to step Z you have covered.

04:15 Right. To really ensure that you provided every measure for the safety of the passengers. So now

04:22 because there are two various laws, what diligence would be required of these drivers?

04:29 So with that in mind what do you recommend to create a just and reasonable guidelines in terms

04:36 of liability? At the end of the day they are common carriers and under the civil code you

04:40 have to have extraordinary diligence because you are carrying a public passenger for a fee. And

04:47 they have to ensure that you have that extraordinary diligence. But again, who do you blame?

04:54 Right. For lack of better term, when an accident happens? Because now they can't be considered as

05:00 a public utility vehicle. So there's no certificate of public convenience and there are no regulations

05:08 or whatsoever and there's just guidelines that we have right now. So is it going to be these TNCs,

05:15 the three players right now? Right. Or is it the driver because he's the one who owns

05:21 the motorcycle? So there's that gap. Right. And there's that overlap. Actually ma'am in your

05:28 opinion do you think motorcycle taxis should be considered private or public vehicles?

05:33 They should be public because if they're private and because our laws that we have, if you're

05:40 private we have the Motor Registered Motor Vehicle Act if I believe. Then it's the one

05:48 who's registered with the private vehicle that will be liable for any accident. Of course.

05:55 Right? So what will happen to these TNCs who are essentially booking apps, right? So what,

06:03 they can just do that and just blame everything on the driver? Right. At least making them public

06:08 utility. They will be now regulated and even the fees will be regulated and they get the franchise

06:14 and they have to get the certificate of public convenience. Right. I wish we could talk about

06:18 this more but we're running out of time. Is there anything else you want to say before we go?

06:21 Well I know this is me not saying that I don't support this. Of course I support this whole

06:27 pilot study. It's good for the economy. It's good for the drivers. I just want to ensure the safety

06:32 of the public and also ensure that our drivers are also protected and they won't be held liable

06:38 for things that are beyond their control. I can talk about it more. I talk about this on

06:42 my social media page if I could just plug it. Go ahead. So it's Attorney Meg Sargalas on Facebook

06:49 and on TikTok and I talk about all these things and I will explain this even more because of the

06:56 complication of the laws. Thank you Representative Nograles.

Party-list group calls for comprehensive motorcycle taxi liability guidelines | Traffic Center

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