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
this is good news, thanks sir frank.
Congratulations Sir. Now that the ball is on our side lets not be in a hurry or jump the gun. Desciplined Riders are outnumbered by the so called PASAWAY’s.
Is it effective already? Does this mean makakadaan na ako south super highway going to cavite? if true, thank you!
CONGRATULATIONS.
Having said that, and with all the hoopla and excitement about the “opening up” of the SLEX, NLEX and Coastal Road hi-way, may I admonish everyone to please POLICE OUR OWN RANKS on these roads. Obviously, the toll police is, at this time, incapable of doing such a task.
Let us not have the efforts of a few dedicated people be ruined because of irresponsible riding.
I will not hessitate to PULL-OVER or report to the nearest toll officers any “pasaway” rider on these roads.
This I think should be our own personal contribution to keep these roads free from undisciplined riders. We have relied on a few to fight for our rights. Most of us have really done nothing substantial (including myself) in the fight for these rights. We have just been sitting on the sidelines – watching, complaining, doing nothing other than posting our own views on the matter.
Let us now put our feet where our mouths are and do something concrete to at least show our appreciation for the hard work done by the Freedom Riders and other individuals.
Let not these efforts be in vain. POLICE OUR RANKS.
Frank,I would suggest to hold a meeting, invite all the concern riders from each club and come up with a plan then put this plan into action,From there we can come out for the very best solution ( of course not in a radical way ).What do you think Bro?Is it possible? well, just an opinion ….
Good news po yan sir frank, implemented na po ba yan? What are the guidelines on using the SLEX,NLEX and Coastal Rd h-way?
Good news yan, hindi ko na kailangan imodify ang Z200 ko para lang makadaya sa pagpasok sa super highways…
mga sir ibig ba sabihn nyan eh pede na dumaan ang z2 sa nlex and slex
this is good news sir frank. does this mean that sub400cc bikes, underbones, and scooters can freely run on NLEX and SLEX? if apprehended by PNCC officials, can we state to them that all motorcycles are allowed to use the expressways?
Let us hope that the DOTC does not come up with an order declaring NLEX and SLEX as “limited access facilities”.
[B]Regardless of the ban being lifted, i still support the 400cc & Up Only guideline for both NLEX & SLEX for as long as there are still riders that take advantage of the situation & abuse the priveledge for their own personal gains. This is only the beginning, I ask everyone to chose a side…..{Hanep, parang XMen Movie noh?! Hahahaha!!!). The line has been drawn, its now up to us. Im sure theyre watching..[/B]
Hi! I was just told that as of last Fri. all motorcycles are now barred from major highways due to a sudden increase of MC accident rate and highlighted by a recent underbone accident at C5, Pasig last Fri. PM.
Is this true?
Thanks and regards!
Congratulations!
sana may makapag organize ng group ride via SLEX or NLEX just to give us some peace of mind.
With results like this, I am even more proud to be a member of MPF. Well done to all concerned.
Hmmmm. Methinks this isn’t over yet. The ruling essentially declares the expressway as an open highway (as opposed to a “Limited Access Highway”). This means that AO 1 no longer applies. This means that all modes of transport may use the highway, including tricycles, bicycles and caribou. Hey we can even jaywalk and herd animals now! Clearly this is an untenable situation. The spirit of the SC ruling is that it supports the ban on small motorcycles on expressways. It only voided the 3 DOs on the technicality that the wrong department issued them. It is only a matter of time (and perhaps a few dead caribou and cyclists) before the correct department reinstates the expressways as Limited Acceess Highways, with the strong possibility that the limit will apply to all motorcycles.
I hope nobody will disagree that the expressways *should* have restrictions on what vehicles may or may not use them. They are designed for high speed travel and vehicles (or animals) which pose a danger to that usage should be banned. In my own country (UK), that limit is 50cc and above and I find it hard to imagine anybody challenging the common sense behind that.
imho we need to formulate a set of proposals governing the acceptable use by motor cycles on the expressway. These could include a minimum engine capacity to reflect a minimum speed. Perhaps we agree to use dipped headlights for safety. They should also include some mechanism to ease congestion at the barrier. I wondered for some time why the authorities have such a downer on motorcycles and the conclusion I came to was that it takes a motorcyclist far longer to pay than a car driver since we can’t fish for change in an ashtray as we aprpoach the gate. Perhaps we should agree to only use a designated lane.
How come what’s written here MCF is the opposite of what was published Philippine Star page A-31 last Friday, June 16, 2006. Which is correct/true?
How come what’s written here MCPF is the opposite of what was published in the Philippine Star, page A-31, last Friday, June 16, 2006. Which is correct/true?
to complement what I said before, that we should boycott those legislators who are against riders rights, I guess it would be great to support these people who have given us a chance to use all our roadways freely!
Sabi namin sayo Frank, dapat tumakbo ka ng Presidente ng Pinas eh, Joke!
Fantastic Job everyone!
This is all great news! I realize we’re just at the beginning of another “challenge”, though – GREATER FREEDOM = GREATER RESPONSIBILITY. I hope we all do our part, whatever ride we have.
My deepest thanks to the Freedom Riders, MCPF and, most especially, to Mr. Frank Woolf.
Before congratulating each other or opening bottles and toasting each other for job well done; there’re still things to clear up. As I said before it’s only here in MCPF that says that we motorcycle riders won in recent Supreme Court ruling; newspapers of national circulation have published articles that says the opposite of what MCPF claims. So better clear up matters; talk to editors of these newspapers to publish article to correct previous article (if they indeed erred in the previous article. Just my two cents worth.
Following your logic, even bicycles, tri-bikes, tricycles and horse-drawn carriages can now demand access to the NLEX, SLEX and other tollways, right?
congrats to all fellow rider specially kay sir Frank!!! sana 100cc ang minimum sa mga toll ways para naman maranasan ng mga scooter namin dumaan!!! we are all excited to take the NLEX by our scooter!!
more power to MCPF!!!
I totally agree with you Dick Steele. In my opinion allowing sub 400cc bikes is not a good idea.
We may have won the Battle but I think the War is not yet over…. As what Sir Frank had said… Wait and see guys… Just wait and see….
Our tollways police MUST be re-educated to this truth. Tomorrow I will pass by SLEX to work to confirm this. This is great news for all and I agree with Mashimaro’s discourse to police our own ranks–let us keep all motorcycles safe and teach the pasaway riders to respect the rules of the roads, lest destroy this gain made in behalf of thw whole motorcycle community!
Hello Skywoolf!
ok na pala e, sana tuloy tuloy lang ito buti binasura na nila yang ruling nila sa 400cc and up ban, sana 200cc and up na para naman maka ride sa coastal ng walang hassle!…
A great news! Hope this press release be sent to all media firm for them to correct the earlier confusion regarding the decision.
I totally agree with Roy. This SC ruling is causing more confusion that clarification. With all due respect to MC owners and riders of all displacements, we cannot and should not allow ALL MCs to access our expressways. I am actually a 90cc scooter owner. To be honest, you will not catch me riding my scooter in NLEX! Having FUN is different from HAVING NO BRAIN!
ive been reading much about some claiming others as pasaway, i wonder how disciplined are they at all times. How is it to be a disciplined driver and to be a pasaway driver? At bakit mayroon dyan na 400cc up lang ang gusto nila na payagan sa mga freeway? Elites? Special privilage from God? Wow wow wee
Driving nc is not exclusively for FUN. Ewan ko lang kung masaya pa rin ang mag drive ng 400cc up na mc sa trapik at baku-bakong kalye ng siyudad. Sino ngayon ang kailangang i ban kung saan?
I have read an article here in MCP about wind sheer/side sheer. (I cannot remember the exact term, but it is the phenomenon when a larger or faster vehicle pass you and a vaccum is created thus making the smaller vehicle move. My point is, when using the superhighways or large streets where large and fast vehicles pass, you cannot avoid that those large vehicle pass you. if you are using small bikes like scooters it is quite dangerous to pass thos kinds of roads. You can avoid this phenomenon if you are the faster vehicle and you cannot be passed by these large vehicles. But take note that in a smaller bike it is harder to control it when you are reaching 100+ speeds. Iam not againts those who want to pass the superhighways with small bikes, I myself is just using a 250cc bike and still i feel the side sheers even in edsa or c5. Always consider the scientific facts behind what we do.
“but it is the phenomenon when a larger or faster vehicle pass you and a vaccum is created thus making the smaller vehicle move.” quoting Sir paljoe lets not too eager and excited to use these Highways…Safety First.. its a long way to go… not to mention the tariff to be used for MC’ passing these tollways. If we had waited for years why cant we wait for few more weeks or months to know what are the guidelines to be followed.
that is directly my point sir alpha_seven. you misunderstood me about telling this scientific fact. Iam telling this fact so that the smaller bikes will think twice before using the superhighways. I myself is quite hesitant in using the superhighways. Looking at all those wreckless cars and buses that pass through these highways at very fast speed, I will definitely think not twice but multiple times. If we are too use the superhighways lets make sure that we are diciplined MC drivers and lets make sure that we stay on our side of the road (if there will be any).
I have felt the crosswinds along almost every major road, even the NLEX and SLEX on my Vespa. Given that it does surprise you a bit, I found no problem controling the bike once you know how it feels.
If given access, I will not jump on my Vespa at once and start gunning it up and down the NLEX/SLEX or whatever, in fact I may not even use them all that often, but I want to have the choice to use it when I choose to use it.
can somebody clears some minds, kasi as jotiga said opposite ang nakapublish sa news papers, which is true sa news papers ba or dito sa mcp jkasi nakakalito rin eh
The scientific fact about crosswind is true but riding with crosswinds depend on the driver how he handles it. Myself doesn’t have any problem with it. I can gain control even at 120kph with crosswinds. I’m riding a scooter but my scoot can run 100kph in 10 to 15 secs. What’s the problem with a bike running on 100kph with sub400’s displacement? Is the minimum speed limit can’t be reach? Actually, scooters and underbones can still over speed. Do you think you need to run your bike 200kph on highways? Then, who would be the pasaway? I think you’re right gnokid, maybe they’re elites.
I completely agree with BoyG.
I also want that choice to use it when I need or want too.
The freedom to choose.
Nawa’y patnubayan tayo ng MAYKAPAL sa ating paglalakbay.
The elites want to keep the tollways for themselves. While everyone is rejoicing, they are sulking and wanting the comfort to be kept for them. Keep them above the ones they call pasaways.
Have they ever tried using the service road using their bigger displacement bikes? I believe not. That is why they do not know what their co-riders riding smaller bikes go through when they ride to work, school, or for fun.
And yes, I may not have the dough to everyday ride through the tollways, but just the same as Defroj and BoyG, I want the freedom to use safe roads when I need to and when I want to.
Big Displacement bike owners who oppose smaller bikes in the tollways, if your bike is really fast, you won’t really notice the scooteristas and underboners running within the regulated speed limit.
Don’t keep every other rider’s right from them.
why is it nobody has answered the question that both maverick and I has been asking; “which is correct/true, the article published in Philippine Star last June 16 or the write up here at MCPF?”
Guys, This is good news for us riders but as always says that Great power comes with Great responsiblities…(Spiderman diba?) To all PASAWAY’s bikers dyan don’t take this as advantage for you to be more pasaways.. We don’t know what would happen to us if this will be implemented.. just be guided always and know the rules… peace bro’s and Ride Safe always…
teka… isang tanong lang at isang sagot, pwede na ba ang sub400cc sa NLEX AT SLEX? pakisagot lang po ang tanong
Jotiga/Maverick
The Supreme Court ruled that it is OK to ban motorcycles from Limited Access Highways. That is why the headline in the newpapaers is correct, as indeed is the Supreme Court website.
However, the SC also ruled that the DPWH did not have the authority to declare NLEX/SLEX/Coastal Road as Limited Access and so voided that order. By removing that designation the SC has just inadvertantly opened up the expressways to everything from caribou upwards. For me, that is the real news story. It would make a great story for a couple of lawyers and photographers to bring their bicycles and caribou to the toll gate.
We’re still confused on what to do… some are itching to ride their bikes on these roads.. but for safety’s and everybody’s sake, please wait for a few more weeks or even a couple of months to TOTALLY confirm these issues…. Always think safety and be a segurista!!! Ride safe brothers!!!
Roy
thanks for your answer. If headline in the newspaper is correct, then headline here at MCPF is wrong?
Yes stated in recent SC ruling, DPWH did not have authority to declare those roads as Limited Access, only DOTC is authorize to do so. Question – What if DOTC declares these roads as Limited Access roads (so as not to open them up to anything and everything), then AO No.1(which is total ban of motorcycle on Limited Access roads) of DPHC takes effect?
You’ve got it Jotiga. I would summarise the judgement as one temporary step forwards soon to be followed by two steps backwards.
What we currently have is a loophole which allows us to ride scooters and caribou on the expressways. Unless somebody knows to the contrary, I would expect that loophole to be closed very quickly since it is clearly crazy.
As I suggested above, it seems to me that we should use this period to negotiate an agreement with DOTC which allows the safe use of suitable motorcycles on the expressways.
imho, a suitable motorcycle is one capable of maintaining a speed of 100kph. The discussion above regarding wind sheer is essentially about the relative speed of two vehicles. If you stand on the hard shoulder you are almost blown off your feet by passing coaches. Yet if you ride alongside the same coach at the same speed there is no wind.
I have a 400cc and an 110cc XRM. There is no way I would take my 110cc onto NLEX or SLEX. The coastal road (and for that matter the Subic Bay link road) are very different and I would argue should not be covered by the same blanket legislation.
I have and I will take my 150cc Vespa on both the NLEX and SLEX if I had the choice to use it.
I totally agree with BoyG. I have the guts to do it. Its just a matter of choice. But not right now until further notice and clarification. Cheers to you Mr. Woolf.
I think this is very good news and a step in the right direction!!
I’ve been riding 200cc Vespa and Lambretta scooters on ‘motorways’ or ‘expressways’ for many years (24) here in England, UK.
From my experience, smaller capacity engines will not cause any danger. When I’m back in the Philippines, I know I wouldn’t hesitate to ride my 150cc Vespa on the expressway if I would be allowed!
(BTW, engine capacity has to be over 50cc to use a motorway / expressway in the UK).
well… merong nagco-compare na sa ibang bansa ay safe at pinapayagan ang mga mc sa expresways (based on international standards). eto na, may nagsalita na from UK basta 50 cc above pwede. pagbabasihan ba natin ang foreign standards. eto madugo pero mas magiging applicable sa atin… why not give a trial period, mag-buwis na ng buhay kung kailangan para malaman kung anong standard or additional rules ang applicable sa pinas. kasi i believe ibat ibang bansa ibat ibang style ng pagmamaneho. that way magiging malinaw ang mga required na rules. then lets just be humble to accept kung anong mga bagong batas ang lalabas. hindi yung pangsariling kapakanan lang ang iisipin. =) gusto ko rin i quote yung sinabi ni paljoe “I myself is quite hesitant in using the superhighways. Looking at all those wreckless cars and buses that pass through these highways at very fast speed,” hindi lang sa mga mc riders may pasaway.