MEMORANDUM FOR THE BOARD

SUBJECT : AMENDMENT TO THE EXISTING REVISED RULES AND
REGULATIONS ON LIMITED ACCESS FACILITIES

DATE : MARCH 01, 2001

The Technical Staff recommends amendments to the existing Revised Rules arid Regulations on Limited Access Facilities, particularly Section 3(a) thereof which reads:

“The following vehicles shall not be allowed in the expressway at any time:

a. motorcycles, tricycles, and bicycles

b. vehicles being towed

c. dilapidated vehicles or those with defective components

d. smoke-belchers

e. trucks carrying uncovered construction aggregates

f. vehicles carrying unfastened cargo

g. trucks exceeding a maximum gross vehicle weight”

by deleting from the provision of Sec 3(a) the word “motorcycle”.

The recommended amendment is to allow motorcycle passage along the expressways. Motorcycles have been found to be safe and acceptable form of land transportation. In the Philippines, the national government, through the Land Transportation Office (LTO), licenses the use of motorcycle.

To date, the Philippines is one of the few countries (Japan and South Korea) that does not allow motorcycles on expressways. International transport authorities have long recognized the substitution effect of motorcycles and actively encourage motorcyclists to use the safest part of the road network, which are the expressways, allowing access to expressways for this group of road users.

Any rule or regulation claiming itself to be in the interest of road safety must meet the standard of a valid countermeasure. The expressway ban on motorcycle operation does not meet this standard. In traffic safety parlance, an effective countermeasure is any action, measure, or step taken that leads to a quantitative reduction of accident or injury risk associated with the use of any type vehicle by specifying a minimum or maximum standard for vehicle operation.

As can be plainly seen, restrictions #2-7 refer to standards for vehicle operation and therefore valid countermeasures. A vehicle that is immobilized (#2), dilapidated (#3), smoke-belching (#4), carrying uncovered or unfastened cargo (#5-6), or overloaded (#7), may be fixed/corrected to conform to the standard. With restriction #1, no opportunity exists to correct the fact of the motorcycle being what it is.

The ban on motorcycles is an absolute restriction on use. It does not define a standard for vehicle operation no matter what their condition or capability, are far too dangerous for use in public roads, a concept clearly inconsistent with the registration of motorcycles and the licensing of motorcyclists by the LTO. All motorcycles are legally allowed to operate on all parts of the public road system except on the expressways.

The current ban cannot be said to lead a quantitative reduction in accident or injury risk to road users. This merely relocates where motorcycles are allowed to operate as an alternative to operation on the expressways. Some believe that the ban actually increases the risk of accident or injury to all road users (motor vehicle occupants, bicyclists and pedestrians) by forcing an entire group of road users (i.e. motorcyclists) onto roads where the actual number of road hazards is greater. On the expressways, by design, traffic movement is highly predictable to all road users due to the one-way or uni-directional flow of traffic within a very narrow speed range. On the alternative access roads, any road user must contend with a wider range of traffic (not just motor vehicles but pedestrians and bicyclists) moving in the same direction, in an opposite direction (adjacent opposing lanes), in a perpendicular direction (intersections and driveways), and, at times, even random directions over a wider range of speeds.

The failure of the ban to improve traffic safety is confirmed by the Department of Transportation and Communications (DOTC) in an internal memorandum dated November 12, 1999 from the Road Transportation Planning Division to the Undersecretary of Transportation, stating that the ban is an “unnecessary restriction on the operation of motorcycles which does not contribute to highway safety” and is “not in accordance with international norms”. Among advanced nations, only Japan and South Korea maintain similar bans and these are less restrictive (i e., no tandem riding on their expressways). The Japanese ban was lifted in late 2000.

International traffic research studies show that motorcycles are far from the most dangerous vehicles on public roadways. This dubious distinction rightfully belongs to commercial vehicles, large trucks and busses in particular, that are associated with traffic accident fatality rates over 50% higher than those of automobiles arid motorcycles.

In view thereof, the Technical Staff recommends approval of the amendment prayed for. The Guidelines for the use of motorcycles along the expressways is hereunder incorporated for discussion and for the Board’s consideration:

FOR THE BOARD’S CONSIDERATION AND APPROVAL.

(Original Document signed)

MARIANO E. BENEDICTO II

Executive Director

This amends the existing Revised Rules and Regulations on Limited Access Facilities particularly
Article II, Section 3.a “The following vehicles shall not be allowed in the expressway at any time:

a.) motorcycles, tricycles and bicycles . . .” approved by the ToIl Regulatory Board on September 1.1993 through Board Resolution No. 93-22 conformable to Republic Act 2000.

Motorcycle is a safe and acceptable form of land transportation. In the Philippines, the national government, through the Land Transportation Office (LTO), licenses the use of motorcycles.

International transport authorities have long recognized the substitution effect of motorcycles and actively encourage motorcyclists to use the safest part of the road network, which are the expressways, allowing access to expressways for this group of road users.

Conformable to international norms, the Toll Regulatory Board hereby amends Sec. 3(a) by way of deleting “motorcycles” from the provisions thereof and thereby allows motorcycles to operate inside the tollroads subject the conditions that:

1. Motorcycles shall conform to requirments of law, the Land Transportation Office (LTO) and other pertinent rules and regulations including those of the expressway operator;
2. Motorcycle operators/drivers shall conform to the requirements of law, the Land Transportation Office (LTO) and other pertinent rules and regulations including those of the expressway operator;
3. Motorcycles should only have 2 wheels. Motorcycles with side cars will not be allowed.
4. Only one backrider shall be allowed;
5. Motorcycle drivers and their passengers must comply with all safely requirements prescribed by competent authorities;
6. Motorcycles should travel with their headlights on at all times to improve their visibility to other toll road users;
7. No commercial cargo shall be allowed on motorcycles other than that carried by motorcycle specific carrying cases, such as saddlebags and trunks, attached to the motorcycle itself;
8. Motorcycles shall use the lanes used by other vehicles, not on or near the lane markings unless in highly congested traffic conditions where traffic is moving near or at a complete standstill or significantly below the minimum posted speed limit, in which case motorcycles may travel along the lane markings provided that the space between vehicles is adequate and the speed employed is not significantly above or below that of the surrounding traffic; Motorcycles may not travel along lane markings at toll plaza entry or exit queues;
9. Over taking motorcycles do not have the right-of-way;
10. Motorcycles shall pay the same toll rate charged for class I vehicles (motorbike is a two-axle vehicle);
11. Motorcycle operators and passengers should use the following protective equipment:
    • Motorcycle helmet;
    • Proper clothing; including gloves, boots, long pants, and a durable long – sleeved jacket; and eye and face protection;
    • Each passenger should be provided a seat and footrest.
12. Motorcycles are encouraged to avail of electronic toll collection systems, it available.

All previous orders and instructions inconsistent herewith are hereby modified or repealed accordingly. These revised rules and regulations shall take effect fifteen (15) days after publication in a newspaper of general circulation.

ATTY. RAMON P. ERENETA
Member (Private Sector)

DIRECTOR RUBEN REINOSO
Member (NEDA)

USEC. WILLIE EVANGELISTA
Member (DOTC)

USEC. JOEL A. BAÑARES
Member (DOF)