Lawmakers propose regulation of all commercial parking fees

MANILA: Two lawmakers filed a measure to standardize parking fees across the country in order to promote consumer welfare.

On their bill’s explanatory notes, Davao City First District Representative Paolo Duterte and Benguet Representative Eric Yap said that the absence of laws regulating parking fees enables the parking operators to engage in anti-consumer activities since consumers have no choice but to enter these adhesive contracts.

They claimed that in addition to charging high parking rates, the operators also use a waiver of liability, which exempts them from accountability for any damage or loss to a customer's vehicle while it is under their wing.

They said that the government's objective is to put the general welfare and safety of the public first, as well as to protect consumer welfare while allowing for a reasonable return on investment.

House Bill 5671 or the Parking Operations and Fees Regulation Act aims to regulate the operation and imposition of fees for the use of parking spaces and parking facilities in various establishments, including accommodation, commercial services, food services, health services, retail services, and educational institutions, including independent parking establishments. It also specifies penalties for those who violate the regulations.

According to Duterte, parking spaces has become basic amenity once a driver, or in a broader sense, a customer goes to a particular establishment, which may include shopping malls, hospitals, schools, restaurants, and other commercial buildings, because of the rise in the number of motor vehicles in the Philippines as well as the return of on-site or face-to-face transactions.

Yap, on the other hand, claimed that while many establishments that value consumers do not impose parking fees on them, others do so at rates that are excessively high.

He added that this frequently leads to consumer confusion over parking fees, which might differ between establishments, even those with the same type of operation.

The measure applies to all parking facilities at covered establishments for all vehicle types, including but not limited to cars, motorcycles, and bicycles.

Any establishment or person that violates the provisions of House Bill 5671 will be fined not less than P100,000 but not more than P300,000 per customer charged a fee above the maximum rates allowed. Their business permits and licenses may also be suspended or cancelled, depending on the court's discretion.

Photo from Ayala Malls

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