Enforce tricycle laws first, before two-wheel taxis

At drizzly dawn Tuesday in Pasig City a motorcyclist took a spill, rolled underneath the mid-part of a moving bus on his left, and was crushed by the rear tires.

Another motorcyclist who witnessed it sped after and halted the bus driver. Both the bus and ill-fated two-wheeler were running slow, he attested, but the latter skidded and fell onto the bigger vehicle. The bus driver pleaded that he had not seen the motorcycle on his right blind side, but just felt a bump. Nonetheless the police took him in to answer for the fatal accident.

At least 2,200 road crashes occur in the Philippines everyday. By law of averages – the 7.6 million registered motorcycles outnumber other vehicles more than two to one – most of those involve two-wheelers. Plus, with motorcyclists plainly vulnerable to each other and to cars and trucks, most “semplang” are fatal. Motorcycle crashes are the ninth leading cause of deaths since 2018, according to the Land Transport Office.

Other factors are the poor state of the country’s roads and frequent bad weather. Not to forget, recklessness of Filipino drivers. Monsters behind the wheels of larger vehicles have little regard for motorcyclists’ lives and limbs. On the other hand, many motorcyclists are ignorant and undisciplined. Wrongly they overtake from the right, vroom on sidewalks, and think they’re mere pedestrians on wheeled feet visible to all. Knowledge of traffic rules is low, Atoy Sta. Cruz, director of Motorcycle Philippines Federation, told “Sapol” (DWIZ 882-AM dial) last month. Lecturing in thrice weekly motorcyclist safety seminars, he noted that most cannot answer even half of his 46 basic questions on speed limits, traffic signals, and road markings. “Imagine a decade-long rider getting only 13 correct answers, and not even knowing that he already is perilously counter-flowing once he crosses the solid white road stripe or how fast he can go on a barangay road,” Sta. Cruz lamented. How many such old-timers will end up dead like the poor guy in Pasig this week?

Such bits and stats are what lawmakers must deliberate in franchising motorcycle taxi services. In the process they need to review the proliferation as well of reckless private motorcyclists – and tricyclists for that matter.

Two-wheelers as public transport are prohibited under the Land Transportation and Traffic Code (R.A. 4136). Safety of all is the prime consideration of the 1964 law.

Motorcycles are not designed for all types of roads. Like, there’s a reason they’re disallowed on toll expressways: they can tip over from the gust of large passing vehicles. Even seemingly steadier tricycles are forbidden from roads used by those weighing 4,000 kilos or more: trucks, buses, tankers. Department of Interior and Local Government Memorandum Circular No. 2007-01, “Basic Considerations in the Preparation of City or Municipal Tricycle and Pedicab Franchise and Regulatory Ordinance or Code,” has been in effect for 12 years. Just that, city and municipal mayors, vice mayors, councilors, and DILG regional directors are remiss in enforcing it. They are liable under the Local Government Code, then-DILG secretary Ronaldo Puno had reminded. Present Sec. Eduardo Año might wish to discipline the neglectful subordinates and local officials. He has been filing administrative charges against those who have failed to convene provincial, city, municipal and barangay anti-drug councils, and remove traffic barriers and illegal parkers.

Motorcycles are not fitted for more than one rider, much less for minors. There are no proper handles and step-ons. Thus, in recent test-runs of two-wheel taxis, participating motorcyclists were required to wear jackets with straps for passengers to cling on and to install extended footrests.

There’s also the problem of motorcycle law enforcement. Use of helmets by riders and passengers is discretionary, especially if they are law enforcers no less. Mandatory helmet testing and safety certification is a dead-letter law. Even the basic rules on tricycles in the capital region are unimplemented. The Metro Manila Authority had passed Ordinance No. 6, “Prohibiting Pedicabs and Tricycles from Operating along Highways and Major Thoroughfares and Limiting their Operations to Tertiary Roads and Within Subdivisions,” as far back as 1990. Then chairman Jejomar Binay and general manager Robert Nacianceno had warned about the penalties and fines. Three-wheelers must have proper head, tail, signal, hazard and cab lights, plate numbers, noise mufflers, and subdued horns. If traffic enforcers cannot make old tricyclists obey the law, then what more the incoming two-wheel taxis and millions of motorcyclists.

And why are so many boys of minor age driving tricycles? The Land Transportation and Traffic Code prescribes driver licensing only for 18-year-olds and above.

The proliferation of “habal-habal” – colorum or unfranchised motorcycle taxis – in the provinces is no reason automatically to legalize them in the big city. Safety of all must still prevail. Convenience can come next.

Perhaps a first step for lawmakers is to locate – if any – a certification by transport engineers that tricycles are safe. Then they can deal with motorcycle taxis.

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Catch Sapol radio show, Saturdays, 8-10 a.m., DWIZ (882-AM).

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