If you drive a TVS King, Piaggio Ape or a Bajaj RE and you have ever thought about heading north from Manila you are probably aware of the problems drivers of the above vehicles have had with traffic enforcers in Valenzuela City.
We are pleased to announce that we have found evidence that the traffic enforcers in Valenzuela City probably have it wrong and do not understand the city’s own rules.
We have had a look at the city ordinances for Valenzuela City and could find nothing about a ban on three-wheeled vehicles apart from restrictions on E-Trikes that does not apply to drivers of the TVS King, Piaggio Ape or a Bajaj RE because they are not electric.
We already know that when stopped they are being given tickets for tricycle bans or no franchise. So we searched for tricycles and discovered ORDINANCE NO.17 Series of 2002.
We will not look at the contents of this ordinance in order but will point out the parts most important to us first.
This is not a Tricycle
If you look at Valenzuela City Ordinance it is clear to see that a three-wheeler like the TVS King does not come under the classification of a tricycle.
Valenzuela City Ordinence on Tricycles
Republic of the Philippines
CITY OF VALENZUELA
Metropolitan Manila
Series of 2002
You can download the Ordinance here. Carry it in case you get stopped in Valenzuela.
6. TRICYCLE -FOR -HIRE – is a motor vehicle composed of a motorcycle
fitted with a single-wheeled side car or a motorcycle with a two-wheel cab
to render services to the general public for a fee.
In number 6 there are two points firstly the Tuk Tuk is not a motorcycle
fitted with a single-wheeled sidecar or a motorcycle with a two-wheel cab. These clearly are aimed at what is known as tricycles (Motorcycle with sidecar) and the Motorela.
It is understandable why they would have restrictions on such vehicles as most are poorly built in local welding shops and have never been tested for roadworthiness.
It clearly does not refer to the TVS King, Piaggio Ape or Bajaj RE.
The second point here is where it says “to render services to the general public for a fee.” So it does not apply to private users as they are not rendering a service to the general public for a fee.
SECTION 2. SCOPE AND APPLICATIONS – This shall apply to all motorized
tricycles-for-hire operating within the territorial jurisdiction of the City of Valenzuela.
In section 2 they make it clear that it applies to tricycles-for-hire operating within the territorial jurisdiction of the City of Valenzuela. We have already gathered that the Tuk Tuk does not come under the definition of tricycle-for-hire.
3. OPERATOR-includes the owner, manager, administrator, or any other
person who operates or is responsible for the operation of a business establishment or undertaking;
That is perfectly clear that it does not apply to private users.
12. OUT OF LINE – when a tricycle-for-hire is found travelling outside of their
designated zones as specified in their franchise.
Again it only applies for tricycle-for-hire not for private owners and not for a Tuk Tuk.
SECTION S. RULES AND REGULATIONS IN APPLYING FORA FRANCHISE
2. A certificate of franchise shall be issued to an operator
after complying with all the requirements, needed in applying for a franchise to operate motorized
tricycle-for-hire.
This is another one that enforcers in Valenzuela City have given tickets to private users for and clearly it is down to enforcers not knowing the law.
If you are not a tricycle-for-hire, in other words, a private owner you do not need a franchise.
Hopefully, this will get the attention of Valenzuela City Hall and they can teach their enforcers correctly.
If you are a private owner and you do get a ticket for one of the things above you really should appeal against it.
Sinasamantala ng mga tricyxle driver sa ilan lugar rulad ng parada valenzuela ang sumingil ng special fare na PHP 32 kahit GCQ na na pede na magsakay ng dalawang pasahero para naman makatipid ang commuter. Paki check ito at ihinto ang pag singil. Salamat
We have nothing to do with tricycles, in fact we would like to see them all replaced with three-wheelers as they are much safer, better for the customers and able to keep with the flow of the traffic.
We have been stopped by enforcers here in valenzuela . Even its a holiday .we are trying to explain to them that we are not tricycle and not for hire but they didnt listen. We paid 500 for the tricycle ban ticket
If they will not listen then you have the right to an official appeal that should be heard by the Traffic Adjudication Division which should be made up of attorneys that understand the wording of the law better. That is what they did in this case https://tuktukph.top/mmda-appeal-concludes-that-tricycle-ban-does-not-apply-to-tuk-tuks/