DILG Tricycle Ban does not apply to Tuk Tuks


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.

The ban on tricycles comes under the Department of the Interior and Local Government (DILG) Memorandum Circular 2007-01 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
Manila

LETTER OF INSTRUCTIONS NO. 1482

DIRECTING THE LEGALIZATION OF “COLORUM” MOTORIZED
TRICYCLES

SEC. 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.

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 tricycle ban does not apply.

Letter of Instruction No. 1482, s. 1985 Easy to read and searchable copy.

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Department of the Interior and Local Government (DILG) Memorandum Circular 2007-01

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