An Ordinance Requiring the Installation of Dashboard Camera or Dashcam System of Public Utility Vehicles (Puv), Government-owned Patrol Cars and Certain Types of Vehicles to Ensure Safety and Protection of Drivers and Passengers

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AN ORDINANCE REQUIRING THE INSTALLATION OF DASHBOARD

CAMERA OR DASHCAM SYSTEM OF PUBLIC UTILITY VEHICLES


(PUV), GOVERNMENT-OWNED PATROL CARS AND CERTAIN TYPES
OF VEHICLES TO ENSURE SAFETY AND PROTECTION OF DRIVERS
AND PASSENGERS PROVIDING PENALTIES IN VIOLATION
THEREOF

Authored by: Hon. Constante T. Oandasan

WHEREAS, Memorandum Circular No. 2018-006 of Land Transportation


and Regulatory Board issued guidelines for the Public Utility Vehicle
Modernization Programs initial Implementation pursuant to Department
Order No. 2017-11, otherwise known as the Omnibus Franchising
Guidelines;

WHEREAS, the following guidelines for the Public Utility Vehicle (PUV)
Modernizations initial implementation, includes in the requirements of
application of issuance of new Certificate of Public Convenience (CPC) is
the installation of dash camera;

WHEREAS, the State to ensure the safety and protection of all its citizens.
It shall ensure strict implementation of law and uphold proper
administration of justice. To this end, the State shall pursue an avid and
precautionary approach to secure the safety of the citizens;

WHEREAS, for the reasons mentioned above, the proposed ordinance


seeks for the installation of Dashboard Camera or Dashboard Cam System
of Public Utility Vehicles (PUV), Government-Owned Patrol Cars and Certain
Types of Vehicles to ensure safety and protection of drivers and
passengers;

WHEREAS, dashboard cameras in vehicles can also help bring back order
in our chaotic roads because of their capability to record and monitor
whatever is happening on the road.
Be it enacted by the Sangguniang Panlalawigan of Ilocos Sur, in session
assembled that:

Section 1. Title. This Ordinance shall be known as the “Dashboard


Camera Ordinance”

Section 2. Coverage. This Ordinance shall apply to all Public Utility


Vehicles (PUV), Government-Owned Patrol Cars and Certain Types of
Vehicles of the Province of Ilocos Sur.

Section 3. Definition of Terms. The following terms shall be used in


this Ordinance as:

a. Dashboard- refers to that part of the vehicle that


contains some of the controls used for diving and the
devices for measuring speed and distance;

b. Dashboard camera- refers to a forward-facing camera


that is attached to a vehicles dashboard or windshield in
order to monitor and record what is happening on the
road hat the vehicle is driving along;

c. Operator- refers to any person or entity in whose name


of Certificate of Public Convenience (CPC) is issued by the
Land Transportation Franchising and Regulatory Board
(LTFRB) to operate a public transport service for
compensation and for a covered period of time;

d. Public Utility Vehicle (PUV)- refers to any public


utility, bus, taxicab, tricycles, public utility jeepney, school
transport service, tourist transport service, UV express
service, bus rapid transit, airport bus, premium taxi,
transport network vehicle service, shuttle bus and other
motor vehicles classified or as may herein under be
classified by the LTFRB or appropriate agency as such;
e. Tampering- refers to any act of intentionally
dismounting, destroying or breaking the dashboard
camera or any other acts intended to disable or hinder
any of its functions. It also includes the act of deleting or
editing the contents of the storage device of the
dashboard camera.

f. Video Footage- refers to any images or video recorded


by a Dashboard Camera.

g. Subject of the Video Footage- refers to identifiable


suspect, victim, detainee, conversant, injured party, or
other similarly person who appears on the body camera
recording and shall not include people who only
incidentally appear on the recording.

Section 4. Coverage. This Ordinance shall cover the following


vehicles:

a. Public Utility Vehicles, including application based


transportation service;
b. Government-owned patrol vehicles and similar vehicles
used by any law enforcement agency;
c. Transport service vehicles such as school and office
service vehicles and the like; and
d. Other similar vehicles offering transport service to public
regardless if offered for a particular class or not.

Section 5. Mandatory Installation of Dashboard Camera or


Dashcam System in Vehicles- Upon the effectivity of this
Ordinance, the installation and use of dashboard camera or dashcam
system shall be required for all covered vehicles as enumerated
under Section 4 above.

The proper placement of a dashboard or dashcam system shall be


ensured that it does not impair the drivers view of the road and
outside the range of airbag deployment and other safety facilities of
the vehicles.

To ensure reliable visibility, the dashboard camera or dashcam


system may be no longer than a 5-inch square area on the driver’s
side of the windshield, or a 7-inch square area on the passenger’s
side windshield.

Section 6. On Privacy and Electronic Surveillance. The usage


of the dashboard camera or dashcam system as a recording device
shall be in compliance with the provisions of Republic Act 10173 or
otherwise known as the Data Privacy Act of 2012, assuring that the
data subject/s need to give consent before the release of information
unless there is a legal obligation that required for it to be kept or
processed.

Section 7. Prohibition on the use of Dashboard Camera or


Dashcam System. The use, viewing, copying, or disclosure of video
feeds and recordings obtained pursuant to the surveillance performed
in accordance with this Ordinance shall only be allowed in the
following instances:

a) Use, viewing, copying, or disclosure to a member or officer


of a law enforcement agency in connection with and limited
to the investigation or prosecution of an offense punishable
by law or regulation;
b) Use, viewing, copying, or disclosure in connection with any
pending criminal or civil proceeding; or
c) Use, viewing, copying, or disclosure that may be necessary
for persons to determine whether or not an offense was
committed against their person or property, to ascertain the
identity of a criminal perpetrator, and to determine the
manner by which the offense was perpetrated.

Section 8. Penalties. Any act or omission causing the violation of


duties mandated under this Ordinance shall be punishable by:

P1,000 for the first offense;

P3,000 for the second offense or 10 days imprisonment;

P5,000 and 10 days imprisonment for the third offense; and

Section 9. Implementing Agency. The Provincial Government of


Ilocos Sur-Law Enforcement Officers pursuant to the approve
Provincial Ordinance No. 016-18, Series of 2018 otherwise known as
“An Ordinance Penalizing Traffic Violations along National Highways
in the Province of Ilocos Sur and for other purposes” shall ensure the
implementation and enforcement of the Ordinance. After the lapse of
six (6) months from the effectivity of the Implementing Rules and
Regulations of this Ordinance, the concerned agencies shall conduct
a regular ocular inspection to ensure that all covered vehicles have
complied with the requirements of this Ordinance

Section 10. Separability Clause. Should any provision of this


Resolution or part thereof be declared valid or unconstitutional, the
other provisions or parts not affected thereby shall remain valid and
effective.

Section 11.Repealing Clause. All laws, decrees, orders and


issuances, or portions thereof, which are inconsistent with the
provision of this Act are hereby repealed, amended or modified
accordingly.
Section 12. Effectivity Clause. This Ordinance shall take effect
fifteen (15) days from its publication in two (2) newspapers of
general circulation.

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