Did you know that under the law the DILG Tricycle Ban does not apply to three-wheelers?
Yet again Tuk Tuk groups on Facebook are full of posts about tuk-tuks being banned from national highways. This simply is not true and is fuelled by people that do not understand what a tricycle is.
DILG Tricycle Ban Explained
The ban on tricycles comes under the Department of the Interior and Local Government (DILG) Memorandum Circular 2007-01 commonly known as the DILG Tricycle Ban. we have talked about this many times and proved many times that the definition of terms in that memo proves the TVS King, Bajaj RE and the Piaggio Ape are not tricycles so not covered by the tricycle ban on national highways.
Memorandum Circular 2007-01
DEFINITION OF TERMS
1. Tricycle – a motor vehicle composed of a motorcycle fitted with a single-wheeled side car or a motorcycle with a two-wheeled cab operated to render transport services to the general public.
Some might look at this and think a tuk tuk is covered by this because it has a two-wheeled cab.
So we looked into it more to find out what they mean by a two-wheeled cab.
Two-Wheeled cab is clearly defined in Letter of Instruction No. 1482, s. 1985 which comes from Malacañang Palace and was signed by President Ferdinand Marcos.
SEC. 3. DEFINITION OF TERMS. Whenever any of the following words or phrases are used in this Letter of Instructions, they shall be understood to mean as indicated:
1. Tricycle – is a motor vehicle propelled other than by muscular power, composed of a motorcycle fitted with a single-wheel sidecar, or a motorcycle with a two-wheel rear cab, the former having a total of three wheels and the latter having a total of four wheels, otherwise known as the motorela.
Letter of Instruction No. 1482, s. 1985
Signed on October 14, 1985
MALACAÑANG
ManilaLETTER OF INSTRUCTIONS NO. 1482
DIRECTING THE LEGALIZATION OF “COLORUM” MOTORIZED
TRICYCLESSEC. 3. DEFINITION OF TERMS. Whenever any of the following words or phrases is used in this Letter of Instructions, they shall be understood to mean as indicated:
1. Tricycle – is a motor vehicle propelled other than by muscular power, composed of a motorcycle fitted with a single-wheel sidecar, or a motorcycle with a two-wheel rear cab, the former having a total of three wheels and the latter having a total of four wheels, otherwise known as the motorela.
So that makes it clear and beyond doubt that under the law a motorcycle with a two-wheeled cab means a motorela which is a completely different vehicle to a Tuk Tuk.
The Law Makes Sense
In both cases the law is talking about motorcycles that have been adapted to carry more passengers than they were designed for, this makes them dangerous.
The same is not true of the TVS King, Piaggio Ape and the Bajaj RE as all these three are not motorcycles that have been adapted they are factory built and designed to carry 4 people.
But it is Advertised as a Tricycle
Only one of these brands is advertised as a tricycle and only in the Philippines and thankfully what is written on an advert is not what the law is.
Reading the law and being a natural English speaker it is our belief that they are advertising them incorrectly.
Note: Since writintg this Article they have dropped the term tricycle from their adverts.
But it says Motorcycle with Sidecar on the Certificate of Registration
While it might say it on the Certificate of Registration (CR) it is very clear that it is not a motorcycle with sidecar as there is no sidecar attached.
We are not sure who is responsible for the false information that is being put on the CR, but we do know that putting it with sidecar does not mean it has a sidecar.
We would advice that if you have a Tuk Tuk that is registered as a motorcycle with sidecar you go to LTO and demand that they change it, because driving a vehicle with false information on the CR is an offence.
Conclusion
The TVS King, Piaggio Ape and the Bajaj RE are clearly not tricycles under the law so the DILG Tricycle Ban does not apply.
Good day, tanong ko lang po, bakit hinuli parin ako ng enforcer sa may molino bacoor crossing daang hari? Bawal po daw yung tuk tuk kahit private use only, May ordinansa po daw ang bacoor na bawal ang tricycle, e-trke at pedicab, binaliwala po nila ang paliwanag ko tungkol sa ssakyan kong tuk tuk, P3,000 pa naman ang multa.
Tama po ba ang huli sakin?
Paki bigyan naman ng pansin ang pang yayaring ito.
Marami pong salamat
I have been stopped there myself, However, I did not get a ticket. Firstly the enforcer was not even able to tell me what law he had stopped me under. I showed him the description of a tricycle under the law and told him clearly if he gave me a ticket I would take him to court as he had already been made aware of what a tricycle is. Allegedly they do not follow the correct procedure for appeals and they for sure do not follow the Vienna Convention on Road Signs https://tuktukph.top/philippines-and-the-vienna-convention-on-road-signs/ which says where a vehicle is prohibited there shall be a road sign at every intersection to warn the driver.
Paano namin ma protect ang amin tuk tuk sa mga enfocer sir, pag kami ay naka daan sa national high way?
Print out and carry a copy of the laws we have links to them on this page.