Many private owners of the Bajaj RE, TVS King and Piaggio Ape are being stopped and ticketed by enforcers for driving a tricycle on the national highway under the Tricycle Ban.
First, we should make it clear that when we talk about a private owner we are talking about a person that uses their tuk tuk for their own use only and does not provide a service to the public in return for money.
Firstly we still believe that the above-mentioned vehicles are not tricycles and we have already published many articles pointing out why.
The tricycle ban comes under the Department of the Interior and Local Government (DILG) Memorandum Circular 2007-01 which you can see below.
You do not have to read very far down Memorandum Circular 2007-01 to realize that the Memorandum Circular 2007-01 put out by DILG does not apply to private owners.
In the DEFINITION OF TERMS, the first thing it states is what a tricycle is.
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.
There are many points in that first section to prove that the ban does not apply to private owners of a tuk tuk.
The main point that proves the tricycle ban does not apply is the wording “operated to render services to the general public.” a private owner is not rendering services to the general public so the tricycle ban does not apply to them.
We would advise you to print the Memorandum Circular 2007-01 highlight this section and always carry it with you. If an enforcer stops you show him the circular and point out the definition of a tricycle.
If the enforcer does not believe you are a private owner it is down to him to prove that you are rendering services to the general public, remember you are innocent until proven guilty. If he carries on and gives you a ticket appeal it through the proper channels.
Going back to the definition of a tricycle it says “a motor vehicle composed of a motorcycle fitted with a single-wheeled side car” The fact is the tuk-tuk has no sidecar, even if they enter false information on the certificate of registration to say it has a sidecar the fact remains that there is no sidecar.
Next, it says “or a motorcycle with a two-wheeled cab” again this does not apply to the Tuk Tuk as a Tuk Tuk cab has three wheels.
A letter from DILG own Attorney Jesus B, Doque IV dated November 8, 2001, backs up what we are saying that the ban does not apply if you do not render services to the public.
It is very clear that the tricycle ban does not apply to private owners so if an enforcer gives you a ticket it is not legal and you should appeal it.
When we say appeal it we mean go to the place stated on the ticket where you are meant to pay the fine and appeal it through the correct procedure. By all means, try to convince the enforcer he is not correct but do so in a calm manner, it is pointless getting in a heated argument with an enforcer that does not understand the law he is enforcing and is unwilling to listen.
Never hand over money to the enforcer.
Please Please Please if you know you are correct appeal it, unless private Tuk Tuk owners start winning these cases we will never be left alone by enforcers.