According to this post by forum member Hammerhead and several others in this thread the Supreme Court decision, which was initially marketed by the mass media as a blow against the Motorcycle Community is actually a victory.
Hammerhead wrote:
In its decision, the Supreme Court upheld AO 1 (aka the “Revised Rules and Regulations Governing Limited Access Facilities) which was issued on February 19, 1968. The relevant portion of AO 1 reads as follows: “on limited access highways, it is unlawful for any person or group of person to drive any bicycle, tricycle, pedicab, motorcycle or any vehicle not motorized”. AO 1 does not indicate the location of any limited access highway.
On April 5, 1993, the DPWH issues DO 74. It designates the the South Luzon Expressway, Nichols to Alabang sections, and the North Luzon Expressway, Balintawak to Tabang sections, as limited access facilities. In 1997, the TRB, operating under the DPWH, issues its Revised Rules and Regulations on Limited Access Facilites “in accordance with Department Order No. 74″ designating the entire NLEX and SLEX as limited access facilities.
With the Supreme Court decision, DO 74 is declared null and void. As such, NLEX and SLEX are no longer limited access facilities subject to the restrictions of AO 1 though they can certainly continue to operate as tollways. The date of effectivity is the date of the decision.
The same applies to DO 215 which covers the Manila-Cavite Coastal Road.
Copies of AO 1, DO 74, DO 215, and the Supreme Court decision would be essential for a new Anti-apprehension/harassment Kit.
Thank you for this wonderful bit of news. However this morning, on the way to work in Sta. Rosa, I rode my DR400 on the SLEX unaware of the Supreme Court decision promulgated the day before. I was stopped by uniformed SLEX police and I was politely informed of the ban. I explained I had no such knowledge. I was however asked to make a U-turn at the tollway edge back to the Calamba exit. At that very moment a group of big bikes came barreling though the tollgate probably on route to Batangas. My question is, was it lawful for them to have asked me to return while allowing others to pass? Was there a proper cascading of the implementing rules and regulations banning the various department orders related to the reinforcement of the ban?
If indeed this ban is to be carried out the PNCC should also be fair in the application of the law and ABSOLUTELY PROHIBIT: pedestrians, vehicles with defective tailights, smoke belching vehicles etc.
Moreover, an implementing program should be done in order to manage this crucial issue. As I went back I took the Cabuyao route to Sta. Rosa–a very slow and unsafe trip which took 45 minutes longer.
The result I came in late to our teambuiling activity I was participating in.
But I thanks Hammerhead for this wonderful bit of news. What is our next step to inform our highway managers of these facts?
Salamat sa lahat!
its really embarassing for the media people who reported the news wrong. tsk tsk tsk!
So does that mean since the limited access facilities is now null and void thru the SC’s decision, therefore, Nlex, Slex and cavite coastal road is not part of the Limited access facilities anymore….? so we should be allowed to
enter with our regitered Motorcycles and use the Tollways?
This is a Victory on our part!!!!!!!
medyo naguguluhan tlaga ako? ano na ba tlaga ang totoo?
GMA NEWS reported that MOTORCYCLES are banned from those highways! Dated June 16, 2006.
Let me clarify a bit….GMA News is wrong technically re banning motorcycles from the highways. Confusing? Yes? Mix-up? Yes? The Supreme court just voided three DPWH orders which are # 74 , 215 and 123 saying ” THE DEPARTMENT (DPWH)HAS NO AUTHORITY TO DECLARE CERTAIN EXPRESSWAYS AS LIMITED ACCESS FACILITIES”. The department order #74 is actually an order DESIGNATING Balintawak to Tabang section of the NLEX and Nichols to Alabang section of the SLEX as “LIMITED ACCESS HIGHWAYS”. while department order#215 designates C5 and Manila to cavite tollway ” LIMITED ACCESS FACILITIES also. And finally, Department order# 123 is an order ” Allowing motorcycles 400cc and above to enter the “LIMITED ACCESSS HIGHWAYS”. Now, since ALL THREE were voided by the supreme court, then the expressways wether NLEX, SLEX and CAVITE COASTAL ROAD is NO LONGER LIMITED ACCESS FACILITIES!!!! So therefore, we can still ride in and out of ALL expressways. Like what I said earlier…this is still Victory for us!!!!
On my own opinion i think this rules of DPWH is discriminating to motorcycle riders like us because we are helping our government to save gas specially we have a crisis all over the world by means of using a underbone motorcycle which use less fuel. IF this law will be applied i think it will paralyze a lot of businesses in metro manila private and government because a lot of employee is using motorcycle nowadays. It is more cheaper and practical to use. Letters and parcels are baing delivered using motorcycle. I hope all motorcycle riders will not allow this to be implemented because we are paying a lot of tax in this government thru licensing, buying, taxed, spare parts, etc. I think DPWH should construct a motorcycle lane because its about time. How can we promote local tourism if you deprive using EDSA, NLEX and SLEX?
i remember seeing a sign on the nlex made by pncc stipulating 400 cc above only vehicles allowed, validating certain motorcyclist.
Well, wrong information that was aired last June 16 thru national television really brought a big confusion, Damage has been done but still a victory to the biker commuty.
We’ll this is indeed a victory for all us!!! Let’s Ride…!
so this means i can traverse coastal highway going to cavite using my 110cc underbone? yahoooo!!!