TRANSPORTATION Secretary Arthur Tugade on Friday, December 21, ordered the creation of a technical working group (TWG) to study the possibility of allowing motorcycles to be used for public transport amid the controversy over the Supreme Court ruling against ride-sharing services provider Angkas.
In a statement, the Department of Transportation (DOTr) said the TWG would study the viability of motorcycle taxis, more popularly known as habal-habal in the Visayas, and the capability of the drivers to provide public transport services.
The group was tasked to deliberate on the type of motorcycles that would be granted a public utility vehicle (PUV) franchise. It will determine a motorcycle taxi's engine displacement, travel speed, route, seat and helmet requirements, and training requirements for the driver.
The group will also discuss the responsibilities of the driver and operator to ensure passenger safety as well as their liability in cases of accidents.
"Naiintindihan natin ang pagtangkilik ng ilan nating kababayan sa mga motorsiklo bilang public transport. Pero tandaan natin na may batas laban dito, at may TRO pa ang Korte Suprema. Ang batas ay batas, at hindi po mauuna ang ehekutibo sa paglabag nito," Transportation Secretary Arthur Tugade said.
(We understand that a lot of our countrymen use motorcycles for public transport. But we should remember that there is a law against this and the Supreme Court has issued a TRO. The law is the law and the executive branch would not be the first to defy the law.)
"Pero nakikinig ang DOTr. Kaya kahit wala pang desisyon ang SC, bumubuo na tayo ng TWG para pag-aralan ang posibilidad na maging public transport ang mga motorsiklo," Tugade added.
(But the DOTr listens. So that even though the SC has not issued a final decision yet, we are forming a TWG to study the possibility of using motorcycles for public transport.)
The TWG will be composed of representatives of the DOTr, Land Transportation Office, Land Transportation Franchising and Regulatory Board, Philippine National Police - Highway Patrol Group, Metro Manila Development Authority, Senate, House of Representatives, commuter welfare groups, road safety advocates, motorcycle manufacturers, motorcycle organizations, and law schools.
Under the Land Transportation and Traffic Code, or Republic Act 4136, use of a motorcycle for public transport is prohibited.
Section 7 of the Code states that motorcycles, scooters or motor wheel attachments "shall not be used for hire underr any circumstances and shall not be used to solicit, accept, or be used to transport passengers or freight for pay."
The Supreme Court issued on December 5 a temporary restraining order (TRO) against the permanent injunction order issued by the Mandaluyong Regional Trial Court which prevents authorities from intervening in the operations of Angkas.
The ruling means that law enforcement operations may be conducted against riders of Angkas, which is currently considered a colorum vehicle.
In its statement, the DOTr reiterated that it was merely complying with the law.
"Pag-usapan natin kung ano ang mga solusyong maaaring ihain. Ano ang panuntunan? Lahat ba ng klase ng motorsiklo ay papayagan? Ano ang minimum Papayagan ba ito sa lahat ng kalsada, o lilimitahan lang natin sa mga secondary road o mga lugar na hindi gaanong dinadaanan ng malalaking sasakyan gaya ng bus o truck?," Tugade said.
(Let us discuss possible solutions. What would be the rules? Will all kinds of motorcycle be allowed? Will motorcycle taxis be allowed on all roads, or shall we limit these to secondary roads or areas that are not accessible to bigger vehicles such as buses or trucks?)
Another cause of concern is passenger safety.
"Paano natin masisiguro ang kaligtasan ng mga pasahero? Kung malagay sa aksidente ang motorsiklo habang may sakay, sino ang sasagot sa lahat ng gastusin? Kung maaksidente pati ang driver, ano ang pananagutan ng may-ari? Ang mga detalyeng ito, kailangang masusing mapag-aralan," Tugade added.
(How can we ensure passenger safety? In case of accident, who will foot the hospital bill? If the driver is also injured, will the motorcycle taxi's owner be liable? We need to carefully study these details.) (VoxPop Philippines)
