The Provincial Board recently approved a resolution enjoining the 23 municipalities in the Province of Palawan to enact ordinances exempting tricycle from being banned along national highways in the absence of alternate routes.
The resolution, authored by Board Member Ryan Maminta, argued that the regulation of tricycles and pedicabs on national highways that the government said being done for public safety reasons is mainly influenced by the need to find solutions to Metro Manila’s situation, which is, he said is different from the rest of the country like the Province of Palawan.
He said that the banning of all tricycles to ply along the national highways will leave Palaweños with no alternative means of travelling or means of conveying goods. As a result, this would affect public convenience and economic growth in the province.
The legislator reiterated that while there are different modes of transport being utilized in the municipalities of Palawan such as van, bus or tricycles, the transportation situation on the island is completely reliant on tricycles as its main mode of public transportation.
Seeing the imminent problem, the proponent enjoined the LGU’s to address the situation “in accordance with Republic Act 7160 and various issuances from Department of Transportation (DOTr).”
Last Feb. 17, the DILG central office released a Memorandum Circular No. 2020-036, signed by Interior Sec. Eduardo Año that again pertains to the prohibition of tricycles, pedicabs, and motorized pedicabs from operating on national highways. The Circular is address to all provincial governors, city mayors, municipal mayors, presiding officers of the Sangguniang Bayan, Punong Barangays, Regional Governor of the BARMM, chief of the Philippine National Police (PNP), Chief of the Bureau of Fire Protection and all other concerned.
Road Clearing 2.0
The DILG ordered that the latest Memorandum shall be made integral to the assessment and validation of the compliance of every LGU to Road Clearing 2.0 enclosed in MC No. 2020-027 or the continued implementation of the presidential Directive to clear Roads of Illegal Obstruction.
The LGU’s, through sections 447 (vi) and 448 3 (vi) of the Local Government Code, have given the power to regulate and grant franchises for the operations of tricycles/pedicabs, subject to the guidelines of Department of Transportation and Communications (now Department of Transportation), for their operation within their territorial jurisdiction.
Exemption for trikes, pedicabs if no alternative route
And it is also clear that the provision for exemption may be given by the Sanggunian Bayans or the Sangguaniang Panlalawigans if there is no alternative route.
“For safety reasons, no tricycles should operate on national highways utilized by 4-wheel vehicles greater than four tons and where normal speed exceeds 40 kph. However, the SB/SP may provide exceptions if there is no alternative route,” according to the circular quoting the guidelines of DOTC (now DOTr), that is to implement the devolution of LTFRB’s Franchising Over Tricycles-for-hire to local government units Pursuant to Local Government Code of 1991.
The aforementioned “Guidelines” has been the bases of the Department in issuing MC No. 2007-11 or the basic considerations in the Preparation of City or Municipal Tricycles and Pedicabs and Regulatory Ordinance or Code and MC No. 2011-68 or the reiteration of the Operating Conditions for Tricycles and pedicabs.
But since tricycles continue to figure in fatal accidents along national highways and in light of the road clearing directive by the President, the DILG issued M.C. 2020-004 last Jan. 10 with a stiff order that “within 60 calendar days, significant results must be achieved, documented, and reported together with the efforts of the LGU’s….”
Salient contents of M.C. 2020-004 are the reiteration of the prohibition on the operation of tricycles, pedicabs, and motorized pedicabs along national highways subject to exceptions to be embodies in an ordinance; with regard to the road clearing directive of the Department, mandating the LGU’s to identify the allowable and restricted areas for tricycles, pedicabs, and motorized pedicabs; LGU’s shall ensure the worthiness of tricycles, pedicabs, and motorized pedicbas; and LGU’s must set the minimum operating conditions necessary to the issuance of Motorized Tricycle Operator’s Permit/Pedicab Operatior’s Permit for tricycles and pedicabs.
The new memorandum likewise states that except for the motorcycle with bicycle pedals and e-bikes, it covers motorized tricycles defined as a motor vehicle duly registered with the LTO composed of a motorcycle fitted with a single wheeled side car or two wheeled cab, close van or open cart whether powered by gasoline or electricity.
Creation of Tricycle Route Plan, schematic map
The circular also orders the creation of Task Force, chaired by the mayor, in every city and municipality to formulate/revise a tricycle route plan in their respect area. One of its functions is to “draft or update the Tricycle Route Plan ‘TRP’” within 30 days from the issuance of this memorandum, which shall be the basis of a subsequent ordinance.
A schematic map must also be provided by the TRP and it shall clearly show all the location of tricycle terminals and tricycles routes authorized by the LGU, the national highways within the area of jurisdiction of the LGU which is utilized by 4-wheel vehicles greater than four tons and where normal speed 40 kph and the portion(s) of the national highway to be allowed use by tricycles for lack of an alternate route.
“Pursuant to existing laws and issuances, the TRP shall be made integral of the proposed ordinance to be considered by the Sanggunian detailing the portions of national highways to be used in the interim by tricycles among others,” as what was written in No. VI, pertaining to the creation of an ordinance.
Within 30 days from the issuance of the said memorandum, the head of the DILG office in the LGU shall submit a report and a copy of the TRP to the DILG Provincial Office. And all DILG Provincial Offices shall collate all submissions for the eventual monitoring of the eventual ordinance.
And for non-compliance, the Memorandum circular says that “it must be the responsibility that the local chief executives to exact accountability and impose the corresponding sanctions against non-supportive and/or non-compliant local officials and employees.”
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