Does the Tricycle ban apply to Lazada Three-Wheeler Drivers or other delivery drivers using three-wheelers?
The simple answer is no, the tricycle ban on national highways does not apply to Lazada drivers.
Why does it not apply to Lazada Three-Wheeler Drivers?
The law that bans tricycles from national highways comes under the Department of the Interior and Local Government (DILG) Memorandum Circular 2007-01
Memorandum Circular 2007-01 states 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.
While this section clearly shows the private owners are not affected by this law banning tricycles from national highways it needs further looking into for Lazada drivers.
Do Lazada Drivers render transport services to the general public?
While they do deliver to the general public they are not rendering transport services to the general public. They render transport services to a business, not the general public.
DILG MC No. 2007-01 was issued by the Department to regulate the operations of tricycles and pedicabs rendering transport services to the general public.
Department of Transportation and Communications
The Department of Transportation and Communications (DOTC) “Guidelines to Implement the Devolution of LTFRB’s Franchising Authority Over Tricycles-For-Hire to Local Government Units states:
10. “Tricycles” shall refer to those tricycles being operated for a fee and which would necessarily need an approved franchise from the LGU to operate legally.
Also in DOTC Guidelines, a tricycle-for-hire is defined as follows:
A Tricycle for-Hire is a motor vehicle composed of a fitted with a single-wheel
sidecar or a motorcycle with a two-wheel cab operated to render transport services to the general public for a fee.
It is very clear that the prohibition for the operation of tricycles on national highways applies only
to those rendering transport services to the public.
So because Lazada three-wheelers do not render services to the general public the ban on national highways do not apply to them.
The only exception to this would be if there is a legal road sign to warn the drivers that three-wheelers are prohibited.