Policy and purpose of the Act
- The State recognizes that every establishment’s right to a fair return of investment carries a corresponding social responsibility to provide adequate facilities for the comfort of its clientele (Section 1).
- The State requires owners, operators, and administrators of covered land transport facilities to improve facilities by providing free internet services and clean sanitary facilities (Section 1).
Core definitions under the Act
- A lactation station is a private, clean, sanitary, and well-ventilated room or area where nursing mothers can wash up, breastfeed or express their milk comfortably, and store it afterward (Section 2(a)).
- A land transport terminal/station is a passenger station and place for final stopover or permanent station, office, and yard of public utility vehicles, which may also serve as a loading and unloading area for passengers (Section 2(b)).
- A land transport stop is a common place for the stopover of public utility vehicles located along highways or regular routes for transport in long-distance travel (Section 2(c)).
- A rest area is a facility at a strategic point along the national highway or route that provides parking space and facilities such as restaurants or snack bars, other business shops, recreational facilities, service stations, public restroom facilities, or waiting sheds for travellers or commuters (Section 2(d)).
- A RORO terminal is a terminal part of the Road Roll-On/Roll-Off system (Section 2(e)).
- Sanitary facilities are facilities that include at least a combination of comfort room and hand-washing facilities, as detailed in Section 4 (Section 2(f)).
Coverage: who must comply and where
- Owners, operators, or administrators of land transportation terminals, stations, stops, rest areas, and RORO terminals must comply with the Act’s requirements on free internet, sanitary facilities, and lactation stations (Sections 1, 3, 4, 5, 6).
- The Act’s sanitary facilities standards expressly apply to land transport terminals, stations, stops, rest areas, and RORO terminals (Section 4).
- The fee prohibition for accessing regular sanitary facilities applies within those covered land transport establishments (Section 5).
- The lactation station requirement applies within those covered land transport establishments (Section 6).
Free internet requirement
- The Department of Information and Communications Technology (DICT), in coordination with the Department of Transportation (DOTr) and other concerned stakeholders, must ensure free internet is provided in covered transportation terminals, stations, stops, rest areas, and RORO terminals (Section 3).
- Owners, operators, or administrators of covered establishments must fully ensure the speedy and efficient implementation of the free internet provision (Section 3).
- The free internet obligation is implemented pursuant to Republic Act No. 10929, known as the “Free Internet Access in Public Places Act” (Section 3).
Sanitary facilities standards and inspections
- Covered establishments must provide clean sanitary facilities for passengers (Section 4).
- Sanitary facilities must include, at minimum:
- Separate restrooms for PWDs, male, and female passengers (Section 4(a));
- Adequate ventilation and lighting (Section 4(b));
- Safe, adequate, and running water supply (Section 4(c));
- Flush system (Section 4(d));
- Toilet seat with cover (Section 4(e));
- Lavatory with toilet paper, mirror, soap, hand dryer, and door lock (Section 4(f));
- Waste bin (Section 4(g));
- Exclusive space for diaper-changing (Section 4(h)).
- Implementing the sanitary facilities requirement must also comply with applicable standards under Presidential Decree No. 856, known as the “Code on Sanitation of the Philippines” (Section 4).
- The DOTr, in coordination with relevant government agencies, must conduct random ocular inspections to ensure compliance (Section 4).
Lactation station requirement and related compliance
- Covered establishments must establish at least one (1) lactation station (Section 6).
- The lactation station must be separate from sanitary facilities (Section 6).
- Lactation stations must be clean and compliant with the requirements of Republic Act No. 7600, as amended by Republic Act No. 10028 (the “Expanded Breastfeeding Promotion Act of 2009”) and its implementing rules and regulations (Section 6).
- The DOTr, in coordination with the Department of Health (DOH) and other relevant government agencies, must conduct random ocular inspections to ensure compliance (Section 6).
No fees for regular sanitary access; proof needed
- It is unlawful to collect fees from passengers for the use of regular sanitary facilities within covered establishments (Section 5).
- A passenger must show the paid bus ticket for the day to avail of the free use of sanitary facilities (Section 5).
- The Act does not apply to separate, well-appointed, or deluxe sanitary facilities operated solely for commercial purposes and for the convenience of passengers who require and prefer such facilities within covered terminals, stations, stops, rest areas, and RORO terminals (Section 5).
Penalties and fine review cycle
- Failure to comply with the sanitary facilities standards under Section 4 subjects the owner, operator, or administrator to a fine of Five thousand pesos (P5,000.00) for each day of violation (Section 7(a)).
- Violation of the prohibition on collecting fees under Section 5 subjects the owner, operator, or administrator to a fine of Five thousand pesos (P5,000.00) for each day of violation (Section 7(b)).
- Failure to provide and maintain a lactation station as required under Section 6 subjects the owner, operator, or administrator to:
- additional sanctions under Section 21 of the Expanded Breastfeeding Promotion Act of 2009 (Republic Act No. 10028 as the amendment to Republic Act No. 7600 referenced by the Act); and
- a fine of Five thousand pesos (P5,000.00) for each day of violation (Section 7(c)).
- The Land Transportation Franchising and Regulatory Board (LTFRB) must, 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 and the necessary adjustments on the fine amounts, subject to approval of the Secretary of the Department of Transportation (Section 7).
Implementing rules and regulations timeline
- The DOTr, in coordination with the DICT, LTFRB, DOH, the Philippine Ports Authority, and other concerned stakeholders must jointly promulgate the implementing rules and regulations within sixty (60) days from the effectivity of the Act (Section 8).
Repeal and effect on inconsistent laws
- All laws, decrees, executive orders, or parts thereof inconsistent with Republic Act No. 11311 are repealed, amended, or modified accordingly (Section 9).