Supreme Court Strikes Down Motorcycle Ban on Tollways
The Motorcycle Philippines Federation (MCPF) welcomes the recent decision of the Supreme Court voiding Department of Public Works and Highways Department Order Nos. 74 (1993), 215 (1998), and 123 (2001) and the Toll Regulatory Board’s Revised Rules and Regulations on Limited Access Facilities (1997). With this sweeping decision, the North Luzon Expressway, South Luzon Expressway, and Manila- Cavite Coastal Toll Road and other highways have been declassified as Limited Access Highways, paving the way for all motorcyclists to legally ply these roads as they are encouraged do in more developed countries to reduce congestion and pollution. The MCPF, representing the interests of over 150,000 motorcyclists and over 650 motorcycle clubs throughout the country, enjoins motorcyclists who choose to enter the tollways to ride responsibly and obey the law at all times.
Department Order Nos. 74 (1993), 215 (1998) designated the SLEX, NLEX, and Coastal Road as Limited Access Highways administered through Department of Public Works and Communications Administrative Order No. 1 (1968).. Under Administrative Order No. 1, motorcycles are banned from Limited Access Highways.
Department of Public Works and Highways Department Order No. 123 banned motorcycles under 400cc while allowing high-power large displacement motorcycles to use the Limited Access Highways. Department Order No. 123 was twice previously declared illegal by the Makati Regional Trial Court prior to the Supreme Court decision.
On September 21, 2005, President GMA ordered DOTC Secretary Leandro Mendoza to immediately look into the problem of motorcycles being banned from tollways and to bring the Philippines into line with international standards. The Supreme Court ruling is a big step in this direction. The motorcycle community has for many years been fighting the ban, put in place by misconceptions and lack of understanding, that forced riders from the safest roads onto alternative roads that are some of the most dangerous in the country, estimated to be as much as 200 times more dangerous than the tollways. All over the world motorcycle use is being encouraged to reduce congestion and pollution. The recent Supreme Court decision is one step in ending the disbelief of the international motorcycle community over the unwarranted and unsafe discrimination against Filipino motorcyclists..
For further information please contact the undersigned at fwoolf@mcpfederation.com
Frank Woolf
Director of Administration and Publishing
The Motorcycle Philippines Federation
pag maraming dadaan na mc riders sa expressways, you can equate it to more PhP =)mas marami gagamit mas marami income. ang perang ibabayad ng mga gagamit dito ay pare pareho lang. yung mga dangers sa pagdaan dito ay kasama na pag PINILI mo na sa expressway dumaan.
ang mga rules sa loob ng expressway will apply to all (ano ano nga ba? di ko pa alam
)pero i believe ang pagsunod dito ay individual. hindi mo naman pwede gawin ito para sa iba. yung mga magmamaneho naman ay nabigyan ng privilage sa pamamagitan ng pagkakaroon ng drivers license na pwedeng ring maalis sa kanila.
to those disciplined(paano nga ba?) mc drivers kahit gaano ka kaingat, mas lalong mag ingat sa mga pasaway na bus and truck rivers as well as other private vehicles dahil i believe mas delikado sila. hindi na paguusapan ang karapatan mo pag nasaktan ka na dahil talo ka pa rin… drive defensively. peace mga bro =)
i think hindi lang ang mga mc riders ang i-educate but yung mga driver din ng mga caged vehicles lalo na mga bus and trucks.
if my memory serves me right, i saw a lot of smaller bikes in the expressways of thailand during the few times i visited. they didnt seem to have any problems.
@ Roy
Expressway declared speed limit:
Minimum: 60kph
Maximum: 100kph
I dont think a carabou can accelerate that fast even if you feed him lots of steroids.
BTW, other vehicles sometimes violate these speed limits. I think the PNCC should be very strict in implementing these rules. Sub400cc’s has no problem with these considering our small engines.
It’s carabao btw not caribou or carabou. This is for the 400+cc’s who does not want sub4’s on the tollway/expressway(it’s the right term not freeway), you have your choice between the side roads and the tollways, but which do you prefer? IMO even we are using smaller displacement bikes/motorcycles we still enjoy the same right as yours, anyways, we pay taxes even before we got our monthly pay.
AFAIC, motorcyles are not dangerous to ride on these tollways, it’s the reckless cages drivers that make it dangerous for us motorcycle riders. I have seen groups of “big bikers” riding through the tollways zigzagging thru cages. Isn’t it a pasaway move? If it happen to be an underbone, more or less we can immediately state that it’s pasaway.
Thru proper policing and implementation of the road rules and regulations with no discrimination to sub4’s, the tollways are the safest roads for motorcycles.
WOWOWOW! it seems this thread is being blown out of proportion as the days go by. i do not think that what is being discussed here is 400cc up bikes vs. sub4’s. All that is being discussed is whether ALL MCs are now allowed in expressways. we should get back to this topic. lets not start a war and set a gap between bikers based on displacements.
@peng
that is nice of you to say… “lets not to start a war and set gap between bikers” =) i salute you.
Equality to all bikers and humility to bear with the laws!!!
It’s great news that all MC’s are now allowed in these roads. But as written in most of the posts above, we should police our own ranks. These roads are not like EDSA or TAFT Ave., where you can whiz in and out several lanes.
One suggestion is to allocate a “Motorcycle Lane” in these roads. That way, disciplined pa rin ang dating and is safe for the MCs traversing these roads.
i agree with all the comments regarding “pasaways”. we should really police our own. we should report them. we should remind them. otherwise, those who adhere to the law will be affected, and that’s us.
Congrats for all motorcyclist. Now that SC ruled that DPWH has no authority for banning or doing such order. I hope there will be steps for negotiation and come up with an agreement with the DOTC that will benifit our convinience and for our safety in this kind of highways (both cars and motorcycles). Ride Well, Ride Safely.
agree ako ke roy. i think now is the time to negotiate/work with DOTC to come up with better rules on the use of the superhighways for the safety of all, be it MC’s or cars or trucks. definitely, some sort of ban will be imposed soon, mas maganda na na represented ang MC sector sa magfformulate ng (upcoming) ban na yan.
this issue may be far from over but i agree that the safest road for the bikes is the tollways. guidelines and rules should be implemented. in my almost 3months of riding the bike, streets with less people and less congested with vehicles gives me the most comfortable, less tiring and enjoyable ride. and the safest…
Will ask the coastal police if motorcycle can use the highway tomorrow. Will give feed back tommorrow.
first, gusto ko magpasalamat sa mga nagkukusa at seryosong nagbabantay sa rights and welfere ng mga bikers. kung sino naman ang magrerepresent sa MC sector, i hope hindi naman maging 400cc up lang ang i-allow (gaya ng dati). mayrong minimum speed requirement sa pagdrive sa expressway, i beleive maraming klase ng mc na kayang ma-attanin yung speed requirement. tama, mayron siguradong mc na di papayagan sa expressway. sana kung saan mas maraming magbe-benefit ang maging desisyon.
Mike, that would be good and helpful so we can finally know once and for all kung ano ang REAL SCORE w regards to the SC ruling.
Mike , Peng…Since the banning of S.C. i still use to enter SLEX using my 400cc bike for me to know if its really strictly implemented. But i noticed that there is no hassle entering and exiting SLEX. I also got a chance talking to PNCC enforcer and he told me that he heard about it but they don’t received any directive to stop 400cc in entering SLEX he also added if there is then they will post a noticed on all the entry point like what they are doing right now on toll fee increse notice, which is acceptable mga bro.They still in status quo situation..but mind you bro with sub400,pls. don’t take risk coz one time they stop 1 rider riding 200cc bike, and it will cost you,just a brotherly reminder..Lastly once they stop me on my next ride I’ll keep you all posted so we’re all aware of it..Ok? Safe ride mga Bro,,somebody waiting back home..
asked sa nlex yesterday on one of their collectors. sabi 100-150cc bikes allowed. den asked another one sabi naman still 400 up lang daw. will go to customer service office nila later and ask.
In my opinion, the management of these tollways/expressways are waiting for directives/guidelines from authorized gov’t agencies with regards implementation of the recent SC ruling; until then, they (management)will continue with the present guidelines/directive they have (means still 400cc and up)
I have waited for years to get my 200 on SLEX. Guess I can wait a little longer until things clear up.
arjies, jodes, thanks for feedback. i hope this issue gets cleared soon. it seems to be causing more confusion than clarification to everyone. also, though the decision has been handed down by SC already, i think they have to affirm it first as being FINAL AND EXECUTORY before it is to be implemented correct? ride safe everyone!
My only concern/question in this is can DPWH still appeal this even if SC has already passed a ruling?
How long must we wait? Patience? Everything has limits. How soon can we have a definite answer as to when we can actually use these tollways? Patience?
Feedbacks anyone? Please post here if you’ve already used the tollways using sub400cc bikes…
the SC is the highest judicial system in any land. i doubt if DPWH can further appeal the case because SC would then have to be the same body to act on the appeal of the DPWH. can we expect the SC to contradict its own decision?
i agree with you peng. the SC must be in higher authority. they should be consistent in their decisions… maybe responsible riders are all in
favor with SC issuance of order. all nerds riders
with fatal error in their mind owns their problem in case of any mishap in the hi-way. regards…
this is actually a statement for everyone passing these roads to be ever vigilant in being responsible motorists. Any deviation from such would only justify the previous ruling. Ride safe. Ride responsibly.
I don’t like the proposal of having a sub 400cc enter SLEX. Some MC tend overtake w/o hesitation and frankly i can’t see them on my side mirror cause they’re so small. Some riders doesn’t have side mirrors & most of them (i believe) doesn’t even have a license.
That’s why PNCC limit sub 400cc from entering SLEX (which btw include xrm/wave/raider). A 400cc MC are capable of resisting side sheer/crosswind because of the weight itself. Brakes of a 400cc are powerful enough to stop just like any 1300cc car. If deregulated, then “death” (cartoon character) would be delighted stealing souls from a running coffin.
More “troubling” when a MC were to hit by a running car. Unlike cars that has airbags, side beam, seat belt, large chasis etc; motorcycles doesn’t have any of those. Jacket & helmet might help but i’ll guarantee you that he’ll gonna stay in a hospital for quite a while.
“Yes you’re right that car/bus/jeepney drivers are reckless too but whose the biggest loser?”
My ZS200 is a sub400 but it’s nearly as heavy as a 400, resists wind shear better than my Multicab and has 2 mirrors which I use. There is always a danger when riding whether it’s a motorcyle or a car. Afterall not all cars have side beams or air bags. The reckless wind up 6 feet deep, SLEX or side road.
Rode through SLEX and NLEX over the week and there were no problems whatsoever, SNAFU pa din (as is the case here in our country) This situation shows that you can never please everyone. Can’t help but agree and disagree with most of the posts here so hope you guys won’t min if i stick my oar in and add a few tidbits. First, i agree that this has been blown way out of proportion. From talking about the ban to aspects of wind shear, c’mon guys maybe we’re getting too ahead of ourselves. Why not just sit back and wait (since nothing has changed so far) til the final decision takes effect. Some people here may hate me for saying this but i also agree in not allowing all types of bikes along the tollways. Im not saying what minimum displacement should be allowed or what but i guess you riders out there can figure this out. Imagine you’re an XRM rider traversing the northbound 2-lane portion of the NLEX after pulilan. Surely 100kph isn’t a problem. Everything’s peachy keen until this bus roars past you. Im sure most, if not all underbone riders have experienced this. Getting passed by a bus along EDSA is one thing, having one beside you on NLEX doing 130+kph is another. Nothing against my sub4 fellow riders and it is understandable that you ask to be given a chance to try the tollways, it is even a good idea to conduct a trial run minus the “pagbubuwis ng buhay”-thing the other guy said, if only to make you guys aware of the dangers involved riding along NLEX. I know matatapang kayo (lahat ng nagmo-motor matapang in some way) however, no amount of tapang and ka-astigan will shield a motorcycle from the fast buses on NLEX (and trucks pag gabi) who tend to swerve as if they were picantos. All of us are just concerned for the safety of everyone.
Lastly dagdag na lang to , mejo useless so you can skip this part if you want.
Most big bike owners are not elite, and most have NOTHING against sub4 riders.
And there really is a caribou, it wasn’t spelled wrong.
Ride with your head on
Well, i have a raider150 back there in PI, and everybody knows theres no problem going 130kph on it. The thing is, you go paperweight on that speed. i also have a Yamaha R6 here in Cali, and at 130kph it also becomes less heavy. They both have braking power in regards/accordance to their specifications. 600cc’s needs a lot of braking bcoz it’s heavier than of a 150cc. Simple huh? i think not! there are lots and lots to be considered. Here are some few… Speed, velocity, gravity, mass, traction, wind resistance, handling, road condition, temperature, traffic, distance, etc… but we always forget this, “environment”! Do you get this? We should not neglect the things that sorround us! Specially on the expressway. Remember, there are semi’s, cars, suv’s, and even jeepneys. Well, most people doesn’t even bother to look at the manual before hitting the road with his new ride (whatever his ride is), so, who cares about whatever is there? Lets just take the expressway. All we have to do is punch a 100 in the speedmeter anyway. Huh? was that right? This thing requires more brains than of “i can” and “i’m not scared” or satisfaction thing. Think…. it’s not about displacements or speeds you can handle or how good you are on a bike. Cage drivers wont feel you being clipped by their fender at high speeds when you’re too light, maybe they’ll just see you rolling like a tumbleweed or flying up and down the expressway when they look at their rear view mirror. Or they wont even see you at all when you end up under a dump truck…
You see, it’s your life on the line. Either way, it’s still you who decides. Go ahead, play that inch a bus and dodge the semi game. I just wish you still live to tell me who won! (ok, i’m in! i love suicide attempts!) It’s gonna be a whole lot of shame when you got your brains splattered all over the expressway getting ran over by other motorist again and again just because you didn’t use it… We are supposed to live so we can ride.
So before anything really bad happens, lets just stick to the calendar and wait. This matter should be well regulated and carefully studied for the benefit of all. That is, if our goverment has the ability to do so… i just hope their brains do work properly… i wish us luck and safety.
And just like what bajjino said…
“Most big bike owners are not elite, and most have NOTHING against sub4 riders.”
RIDERS… LET US ALL UNITE!!!
LET US SUPPORT OUR FELLOW RIDERS WHO HAVE BRAINS, DISCIPLINED RIDERS, SAFE RIDERS, HAS THE APPROPRIATE BIKE [BIG BIKE, BIGGER BIKE, OR BE IT THE BIGGEST TWO WHEELED MOTORIZED VEHICLE].
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
WAG NA NATING DUNGISAN ANG NASIMULAN NA PARA HINDI NA MAWALA ANG RIGHTS [ALL RIDERS?] SA EXPRESSWAYS =) HOORAY TO ALL RIDERS!
may sign kang makikita sa kalye… NO PARKING ON BOTH SIDES. truly you cant! you cant park on both side, you can park on one side onlydito sa forum nakikita which side you are. hindi mo mahahalata ang pagiging biased mo, but others will clearly notice…
ang side ko, kung sa ibang bansa [UK]pinayagan 50cc up, sa thailand daw ok smaller bikes( which i belive ay mga underbones), baka pwede na i-adopt ng Pilipinas. pero still kung ano ang ibabagsak ng authority dun ako magpapasakop. =)
nice one mashimaro! i like the idea of helping fellow bikers when possible. guiding those that need it so we all can benefit better.
When the powers that be finally make it clear regarding the tollways, let us all go for a mass ride. Biggies, ‘bones, scoots, etc. caribou are welcome
..just don’t park on both sides! He he
last saturday morning i passed by the c5 tollgate after some sports bike riders passed by. while i was waiting for my toll receipt, a pncc officer approached me. i thought he was going to apprehend me…but instead he talked to me and said…”sir malapit na ah, malapit na i-ban ang motor sa expressway. baka sa july 9 bawal na. pinangunahan ko lang po sir, sinabihan ko na rin yung ibang kasama ninyo…” i was alone actually, then i saw that sports bike group having a meeting at the shoulder. im so confused. i thought we already won? what happened? please shed some light on this issue….
From http://www.supremecourt.gov.ph
Court News Flash June 2006
SC Upholds Ban on Motorcycles, Non-Motorized Vehicles on Tollways
Posted: June 16, 2006
By Genevieve B. Zuñiga
THE Supreme Court has declared constitutional Administrative Order 1 (AO 1), issued by the then Department of Public Works and Communications on February 19, 1968, that bans the use of bicycles, tricycles, pedicabs, motorcycles, or any non-motorized vehicle on limited access highways. The Court explained that the toll way is not an ordinary road, as such there is a special purpose for it’s construction which “necessitates the imposition of guidelines in the manner of its use and operation.â€
In a 24-page decision penned by Justice Antonio T. Carpio, the Court found that the rules under AO 1 were neither unreasonable nor oppressive. It explained that AO 1 does not infringe upon petitioner’s right to travel as it merely bars motorcycles, bicycles, tricycles, pedicabs, and any non-motorized vehicles as the mode of travelling along limited access highways.
The Court said, “The right to travel does not mean the right to choose any vehicle in traversing a toll way. The right to travel refers to the right to move from one place to another. Petitioners can traverse the toll way any time they choose using private or public four-wheeled vehicles. Petitioners are not denied the right to move from Point A to Point B along the toll way. Petitioners are free to access the toll way, much as the rest of the public can. The mode by which petitioners wish to travel pertains to the manner of using the toll way, a subject that can be validly limited by regulation.â€
On the other hand, the Court declared unconstitutional and in violation of the Limited Access Highway Act (RA 2000) Department Orders 74 and 215 released by the Department of Public Works and Highways (DPWH) as well as the Revised Rules and Regulations on Limited Access Facilities of the Toll Regulatory Board (TRB)
Department Orders 74 and 215 dated April 5, 1993, and June 25, 1998 respectively, declared the North and South Luzon (DO 74), and the Manila-Cavite Toll Expressways (DO 215) as limited access facilities. The Court explained that at the time DPWH issued these orders, it no longer had authority to regulate activities related to transportation. In contrast, AO 1 was issued in 1968, by the then Department of Public Works and Communications that had the authority to regulate limited access facilities.
Likewise, the Court upheld the decision of the Makati City Regional Trial Court, Branch 147 declaring DO 123, which limits access to the above expressways to only 400cc motorcycles, as unconstitutional for want of authority of the DPWH to promulgate it.
Concurring were Chief Justice Artemio V. Panganiban, Senior Associate Justice Reynato S. Puno, Justices Leonardo A. Quisumbing, Angelina Sandoval-Gutierrez, Ma. Alicia Austria-Martinez, Renato C. Corona, Conchita Carpio Morales, Romeo J. Callejo, Sr., and Presbitero J. Velasco, Jr. Justices Adolfo S. Azcuna, Dante O. Tinga, Minita V. Chico-Nazario, and Cancio C. Garcia dissented. Justice Consuelo Ynares-Santiago was on leave. (GR No. 158793, James Mirasol, Richard Santiago, and Luzon Motorcyclists Federation, Inc. v. Department of Public Works and Highways and Toll Regulatory Board, June 8, 2006)
This site is maintained and updated by the SC Public Information Office
- i think all motorcycles are now banned from using either tollways, unless DOTC releases an order that MC can use either tollways.
SC only declared null and void DPWH orders because they are not anymor the right agency to do so, it only means that the AO1 is in effect. they also have an understanding that tollways are not an ordinary road and is understood that they are limited access thus banning all vehicles without 4 wheels. bottomline….our MC are banned from tollways until DOTC declares otherwise.
Both tollways are not apprehending MC now because they are still waiting for a 15 days from the order of the supreme court.
I hope DOTC will release some orders soon.