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(NAR) VOL. 23 NO. 1, JANUARY - MARCH 2012

[ MMDA MEMORANDUM CIRCULAR NO. 02, S. 2011, January 13, 2011 ]

HIRING OF FEMALE BUS DRIVERS



1.0    Rationale

There is widespread concern over the numerous fatal road accidents involving buses.

The January 11, 2011 editorial in the Philippine Daily Inquirer decried the alarming spate of bus accidents that made headlines over the past year: (a) On June 6, 2010, twenty Iranians and the owner-driver of a tourist bus were killed in Balamban, Cebu; (b) On July 3, 2010, fifteen people were killed and 65 injured when an overloaded bus careening downhill struck a concrete fence in Toledo City; (c) On August 21, 2010, Ms. Melody Gersbach and her two companions were killed when their van was hit head-on by a bus in Camarines Sur; (d) On August 29, 2010, five people were killed and 52 others injured when a CUL Bus Transport unit lost its brakes and plunged into a creek in Pagbilao, Quezon; (e) On January 2, 2011, a three vehicle collision on the Star Tollway in Ibaan, Batangas resulted in the death of 7 family members returning to manila after celebrating the New Year.

Statistics culled by this Authority show that for Calendar Year 2010,  137 male drivers were involved in fatal road accidents, while only 5 female drivers were involved for the same period. The statistics also show that a total of  5779 male drivers figured in non-fatal road accidents, while 403 women drivers were involved during the same period.

These findings mirror result of foreign traffic studies: (a) a New York City Department of Transportation study showed that 80 percent of all crashes in a five-year period in which pedestrians were seriously injured or killed involved men who were driving; and (b) Statistic for 2007 published by AAMI Australia, a leading Australian car insurance provider show that:                                                                                                                                               
Women tend to have fewer crashes and their car accident claims tend to cost less than men’s;
Men are more likely than women to be involved in serious accidents;
Men are more likely than women to have experienced a crash;
Men are more likely than women to have hit an animal while driving;
As drivers, men are more likely than men than women to have had a close call with a pedestrian/cyclist;
Women are more likely than men to think drivers are becoming more aggressive;
One in five men admits to being an impatient driver versus one in six women;
Men are more likely than women to rudely gesture at another driver;
Men are more likely than women to verbally abuse another driver;
Men are more likely than women to have been a passenger in a car being driven dangerously;
As drivers, men are more likely than women to have lost concentration while changing their car stereo; and
One in five men admits they often use their mobile phone without handsfree accessories while driving versus one in six women.

The United Nations Convention on the Elimination of All Forms of Discrimination Against Women to which the Philippines is a signatory, establishes an agenda of action for putting an end to sex-based discrimination against women. It mandates signatory States to take measures seeking to eliminate prejudices and customs based on the idea of the inferiority or superiority of one sex or on stereotyped roles for men and women.

Republic  Act No. 9170, “An Act Providing for the Magna Carta of Women” provides that “the State, in ensuring the full integration of women’s concerns in the mainstream of development, shall provide ample opportunities to enhance and develop their skills, acquire productive employment and contribute to their families and communities to the fullest of their capabilities.”

The same Act provides that the State, as the primary duty-bearer, shall among others, “promote and fulfill the rights of women in all spheres, including their rights to substantive equality and non-discrimination”, and shall fulfill these duties through law, policy, regulatory instruments, administrative guidelines, and other appropriate measures, including temporary special measures.

The Act also provides that the State shall progressively realize and ensure decent work standards for women that involve  the creation of jobs of acceptable quality in conditions of freedom, equity, security, and human dignity.

The Act further states that decent work involves  opportunities for work that are productive and fairly remunerative as family living wage, security in the workplace, and social protection for families, better prospect for personal development and social integration, freedom for people to express their concerns, organize, participate in the decisions that affect their lives, and equality of opportunity and treatment for women and men.

The Implementing Rules and Regulations of the said Act state that the Department of Labor and Employment shall advance women’s right to decent work by promoting women’s rights at work, creating opportunities for women employment, enhancing social protection coverage, and strengthening tripartism and social dialogue.

Republic Act No. 6725, Strengthening the Prohibition on Discrimination Against Women with Respect to Terms and Conditions of Employment, states that it shall be unlawful for any employer to discriminate against any woman employee with respect to terms and conditions of employment solely on account of her sex.

2.0    Objectives

  1. To promote traffic safety and discipline by encouraging the employment of female bus drivers.
  2. To generate employment opportunities for women in accordance with the mandates set forth in the UN Convention on the Elimination of All Forms of Discrimination Against Women and the Magna Carta for Women.
  3. To eliminate prejudices and customs based on the idea of inferiority or superiority of one sex or based on stereotyped roles for men and women.

3.0    Definition of Terms

  1. “Bus Operator” shall mean any-franchised and registered bus operator lawfully operating in Metro Manila under relevant Philippine law and administrative issuances, rules and regulations.

4.0    Incentive for Bus Operators

  1. The Authority strongly encourages Bus Operators to hire female bus drivers in accordance with Philippine labor laws, rules and regulations.
  2. As an incentive, buses driven by female drivers and duly registered and included in the fleet of a Bus Operator shall be exempted from coverage under the Unified Vehicular Volume Reduction Program under MMDA Regulation No. 96-005, as amended.

5.0    Dissemination

This Memorandum Circular shall be disseminated immediately upon approval.


Adopted: 13 January 2011

APPROVED:


(SGD.) ATTY. FRANCIS N. TOLENTINO
Chairman
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