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ALL for SAFETY: DILG XII CLARIFIES Memorandum Circular No. 2020-036 Which Bans Tricycles/ Pedicabs along National Highways

With the reports about the frequent occurrences of accidents along national highways involving motorcycles with sidecar locally known as “tricycles” and pedicabs (also called a cycle rickshaw, bikecab, cyclo, trishaw or rickshaw- a pedal-powered means of transportation), DILG Secretary Eduardo Año stressed that the Memorandum Circular no. 2020- 036 only seeks to ensure the safety of the riding public and the drivers themselves.

The said Memorandum prohibits tricycles, pedicabs and motorized pedicabs from operating on national highways and directs all “Provincial Governors, City Mayors, Municipal Mayors, Presiding Officers of the Sangguniang Panlalawigan, Sangguniang Panglungsod, and Sangguniang Bayan, Punong Barangays, Regional Governor of the BARMM, Chief of the Philippine National Police, Chief of the Bureau of Fire Protection, and all other concerned” to implement it.

Under the said MC, LGUs are directed to:

  1. Review all existing routes of tricycles and pedicabs;
  2. Include in their plans the construction of alternate routes for tricycles and pedicabs, which may include local roads or overpasses.
  3. Create Tricycle Task Force Committee, separate and distinct from Tricycle Regulatory Board. The TFFC shall, among others, draft or update the Tricycle Route Plan by March 17, 2020. Said TRP shall then be basis of the ordinance which may be crafted subsequently. The TFFC shall enforce in the interim appropriate speed limit on the national highway where the tricycles are allowed.

Tricycle Route Plans shall only be valid for 2 years, after which, LGUs are expected to have provided for local routes or infrastructures to fully implement the absolute prohibition of tricycles and pedicabs along national highways.

Tricycles are a common means of transportation in many places in the country, especially those communities with minimal or almost non-existent public transport systems. There are more than 4 million of them plying local roads, including national highways.

As revealed in an unnumbered house resolution being pushed by Albay Representative Joey Salceda, “these 4.5 million tricycles pay road users tax at almost P1.2 billion every year and pay excise tax and VAT (value-added tax) on fuel amounting to around P52 billion per year which partly funds the enormous budget of the DPWH (Department of Public Works and Highways) at P650 billion.” Cong. Salceda openly opposes the DILG Memo and has openly called for its recall.

Salceda’s resolution also urges the House Committee on Transportation to conduct hearings and explore “better alternatives”.

The DILG XII, according to RD Josephine Cabrido-Leysa, CESO III, simply re-echoes the need for LGU’s to comply with the tricycle and pedicab ban along national highways. The MC, which was issued last February 17, 2020, recognizes that it is the city and municipal governments which have the power to regulate the operations of tricycles and pedicabs and to grant franchises for their operation within their territorial jurisdiction. This power is, however, subject to DOTC guidelines.

Under the said DOTC guidelines, “no tricycles should operate along national highways being utilized by four-wheel vehicles greater than 4 tons and where normal speed exceed 40kph”. Exceptions, however, may be provided by the sangguniang bayan or panlungsod if there are no alternative routes, through pieces of legislation (ordinances) that they can craft and pass.

In relation to the said guidelines, RD Leysa wishes to emphasize that “the aim of the circular is to establish proper routing plans and facilitate ease of traffic along national highways.” For the LGUs, it simply means that there has to be “road networks built for the purpose”. RD Leysa added, “in some countries I have visited, we notice the frontage roads where slower traffic and lighter vehicles pass through. I believe we can adopt the same.”

She also added that the move can still be deemed as “part of the overall road-clearing operation” which had been implemented in the LGUs a few months ago.

“Clearly, there has to be an action on our part. After all, we are going all-out for disciplined and orderly citizenry. We might as well consider this as a part of our role and duty,” the Director stated.###

photo credits
MHEL PACIA  Brigada New