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20" CONGRESS
Ist Regular Session

HOUSE BILL no.2t 33

Introduced by REPRESENTATIVE JENNIFER A. LAGBAS.

EXPLANATORY NOTE

Tricycles and other 3-wheeled vehicles are now a common sight on our roads, conveniently catering to
the commuting public at affordable costs and providing many of our countrymen who acquired these
vehicles, particularly in the countryside, with livelihood opportunities at minimum operating costs.

In line with its mandate to rationalize land transportation services and implement transportation laws,
rules, and regulations, the Land Transportation Office (LTO) issuedLTO Memorandum Circular No.
2020-2227 dated November 20, 2020, effectively reclassifying 3-wheeled vehicles and clarifying rules
on registration, road use, and safety.

With this reclassification, the LTO has categorized three-wheelers into two (2) main types, namely:

1. Motoreycle-tricycle ~ these are the usual tricycles, motorcycles with an attached sidecar, used
privately or for-hire.

2. Non-conventional motorcycles — three-wheeled motorcycles resembling 3-wheel Morgans or
Tuk Tuks, no attached sidecars and considered as a small car

Furthermore, the circular reiterated existing restrictions for tricycles, which generally prohibits them
and similar vehicles from operation on national highways. The LTO Memorandum Circular provides
an exception for non-conventional motorcycles when there are no alternate routes available, in which
case the local government units (LGUs) may designate a segment of secondary national highways where
such vehicles can operate, provided it is along the outermost lane and consistent with road safety.
However, this restriction was originally intended for motorcycle-tricycles with sidecards, which pose
significant safety risks when traversing high-speed thoroughfares.

This bill, therefore, secks to institutionalize this reclassification, acknowledging the evolution of the
three-wheeled vehicles, both in design and functionality. This bills shall also provide legal recognition
to the operation of the non-conventional motorcycles along national highways, subject to compliance
with safety, equipment, and emission standards. Recognizing the growing role of these vehicles in
bridging transport gaps, this measure shall also mandate coordination with LGUs for proper route
designation and traffic integration, where necessary.

In view of the above, passage of this bill is eamestly sought.



HON. JENNIFER A, LAGBAS
Representative
First District, Misamis Oriental


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

20 CONGRESS
Ist Regular Session

2133

HOUSE BILL NO.

Introduced by REPRESENTATIVE JENNIFER A. LAGBAS

AN
ACT RECLASSIFYING THREE-WHEELED MOTORCYCLES AS NON-CONVENTIONAL
MOTORCYCLES AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress Assembled:

SECTION 1. Short Title. - This Act shall be known as the “Non-Conventional Motorcycles
Reclassification Act”.

SEC. 2. Declaration of Policy. — The State recognizes the importance of transportation in economic
development. The recent innovations in technology have opened an opportunity for other modes of
public conveyance, such as non-conventional motorcycles for private use or for-hire as a reliable and
accessible mode of transportation. However, despite its promise of convenience and fast service, the
reclassification of three-wheeled vehicles as non-conventional motorcycles must be institutionalized to
provide these with the protection from misinterpretation and abuse of discretion among local
government units, regulatory agencies, and traffic enforcement units.

To ensure that the general interest of the riding public is protected, the State shall allow the regulated
operation of non-conventional motorcycles on the outermost lane of primary and secondary national
highways where there are no alternate routes designated by local government units.

To this end, the State shall establish mechanisms and guidelines in regulating all the operational aspects
of non-conventional motorcycles to guarantee public access to a safe, secure and economical mode of
commuting.

SEC. 3. Definition of Terms. — As used in this Act:

a) LPTRP shall refer to the Local Public Transport Route Plan prepared by local government
units and approved by the Land Transportation and Franchising Regulatory Board
(LTFRB) detailing the route, network, mode, and required number of units per mode for
delivering public land transport services;

b) Non-conventional motorcycle — shall refer to a symmetrical three (3)-wheeled motor
vehicle without appendages;


©) Non-conventional motoreycle-for-hire ~ shall refer to non-conventional motorcycle, duly
registered as such under this Act, and used to carry passengers or goods on a for hire basis,
offering its services to the public. A non-conventional motoreycle-for-hire shall be
considered a public utility vehicle and its operation a public utility;

4) Operator ~ shall refer to the person in whose name the non-conventional motoreycle-for-
hire is registered;

¢) Parcel ~ shall refer to means a package or rectangular box, the dimension and weight of
which is as specified in the implementing rules and regulations of this Act, containing
goods or some form of transportable property intended for delivery to an addressee
prominently displayed on at least one (1) of its sides; and

1) Rider — shall refer to the driver of the non-conventional motorcycle-for-hire.

SEC. 4. Scope and Application. ~ This Act shall apply to all aspects of classification, regulation, and
operation of three-wheeled vehicles as non-conventional motorcycles for private use; exclusive and
direct use by registered owners in their line of business for delivery of goods and other services; or as
a common carrier for the transportation of passengers or goods. For this purpose, goods shall include
parcels and mail.

SEC. 5. Non-conventional motorcycles-for-hire as Common Carriers. ~ The operation of non-
conventional motorcycles-for-hire is imbued with public interest. As such. the same shall be governed
by the applicable provisions of the Civil Code of the Philippines and other pertinent laws, rules and
regulations on common carriers, particularly on the required degree of diligence to be observed in the
course of transporting passengers or goods, and on the presumption of culpability in case of breach of
a contract of carriage.

SEC. 6. Regulation of Non-Conventional Motorcycles-For-Hire. ~ A non-conventional motorcycle
intended to be used as a non-conventional motorcycle-for-hire must be duly registered with the Land
‘Transportation Office (LTO) in accordance with the requirements set forth in Section 7 of this Act. The
LTO shall ensure roadworthiness of all non-conventional motorcycles-for-hire before registration or
renewal thereof,

SEC. 7. Standard and Specifications of Non-Conventional Motoreycles-For-Hire. — Department of
Transportation (DOT®), upon the recommendation of the Department of Trade and Industry (DTI),
Department of Environment and Natural Resources (DENR), LTO and Land Transportation
Franchising and Regulatory Board (LTFRB), shall prescribe in the implementing rules and regulations
the standards and specifications of non-conventional motorcycles that may be allowed to operate as
non-conventional motorcycles-for-hire, taking into consideration the safety of the passengers and riders
and the protection of goods.

No modifications shall be made on any non-conventional motorcycles-for-hire except for the
installation of appropriate accessories such as, but not limited to, a top box, luggage carrier, crash
guards, step board, speed delimiter, or monitoring devices, in accordance with the standards approved
by the DTI, if applicable, and shall be used as reference by the LTO for registration purposes. In case
the DTI has no approved standards, the LTO, upon consultation and agreement with all stakeholders,
shall prescribed the same, taking into consideration roadworthiness and road safety, until such time as
the DTI has issued appropriate standards.

Within five (5) years of the enactment of this Act, the DTI shall ensure that standards for all products
and parts covered by this Act, along with its implementing rules, regulations, and any future
amendments or revisions, are made available.

SEC. 8. Operation of Non-Conventional Motorcycles-For-Hire. — Except for private use, any
operation of non-conventional motorcycle-for-hire without the corresponding franchise from the
LTERB and / or local government units shall be considered colorum and, therefore, illegal


‘A non-conventional motorcycle-for-hire may be allowed to carry, alternately, both passengers or goods
and shall operate at speeds allowable under Republic Act (RA) No. 4136, otherwise known as the “Land
Transportation and Traffic Code”, as amended, local ordinances, and applicable laws: Provided, that in
no case shall a non-conventional motorcycle-for-hire operate beyond sixty kilometers per hour (60kph).

Where there are no alternative routes designated by the concemed local government unit in its Local
Public Transport Route Plan (LPTRP), non-conventional motorcycles-for-hire shall be allowed to
traverse on the outermost lane of primary and secondary national highways.

SEC. 9. ~ Fare Setting. — The fares and rates to be charged by public utility vehicles operating under
this Act shall be subject to the approval of the LTFRB, in accordance with the following principles:

a) Just and Reasonable Rates ~ Fares shall be just and reasonable, taking into account the
financial viability of operators, the quality of service, distance traveled, and affordability
for commuters:

b) Public Hearing and Consultation — No fare adjustment shall be implemented without prior
public hearing or stakeholder consultation, consistent with the procedural requirements
prescribed by the LTFRB or applicable laws;

©) Local Fare Setting ~ For public transport services operating exclusively within a
municipality, city, or province, the local government unit (LGU) may recommend fare rates
to the LTFRB, provided that such rates are consistent with national standards and
regulations; and

Posting of Fares ~ Approved fare rates shall be prominently posted inside the vehicle and in

terminals for the information of the riding public.

SEC. 10. Enforcement, ~ To ensure the safe and secure operation of non-conventional motoreycles-
for-hire, the LTO shall deputize LGUs and other relevant government agencies to assist in the
enforcement of traffic rules and regulations and to monitor strict compliance with the provisions of this
Act, particularly on the observance of vehicle classification, operations, carrying capacity, and speed
limits,

SEC. 11. Penalties. —

8) Any rider who operates a non-conventional motorcycle-for-hirc in violation of traffic rules
and regulations, carrying capacity, and licensing requirements shall suffer the maximum
penalty imposed under the applicable law, ordinance, rule, or regulation for such
In addition, the LTO shall impose a penalty of suspension or revocation of the driver’s
license of an erring rider commensurate to the gravity of the offense and frequency of
commission.

b) An operator who allows a rider who does not possess a valid Professional Driver's License
to operate a non-conventional motorcycle-for-hire shall, in addition to penalties under
existing rules and regulations, suffer a penalty of suspension or revocation of franchise,
after due notice of hearing.

SEC. 12. Implementing Rules and Regulations. — Within ninety (90) day’ from the effectivity of this
‘Act, the DOTr, in coordination with the LTFRB, LTO, DTI, DICT, BIR, TESDA, Department of
Health, Department of Interior and Local Government, MMDA, and Philippine National Police ~
Highway Patrol Group, and in consultation with stakeholders, shall promulgate the necessary rules and
regulations to carry out the implementation of this Act.

SEC. 13. Separability Clause. — If for any reason any provision of this Act is declared invalid or
‘unconstitutional, the remaining provisions not otherwise affected shall remain valid and subsisting.

SEC. 14. Repealing Clause. ~ All provisions of laws, decrees, executive orders, presidential issuances
and other administrative rules and regulation, or parts thereof, which are incompatible or inconsistent
with the provisions of this Act are hereby repealed, amended or modified accordingly.


SEC. 15. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in a newspaper of general circulation.

Approved,