CA: Motorcycles with sidecars not allowed on expressways

The Court of Appeals (CA) upheld the 2016 decision of the Makati City Regional Trial Court stating that motorcycles with sidecars are prohibited from using limited access facilities or expressways.

In a 13-page decision, the appeals court’s Special 12th Division through Associate Justice Rafael Antonio Santos denied the appeal filed by Motorbelle Corporation and its officers seeking to nullify Department of Transportation and Communication (DOTC) Department Order (D.O) No. 2007-38.

The said department order provides that “only motorcycles with an engine displacement of at least 400 cubic centimeters (cc) shall be allowed to operate within the limited access facilities.” The same order specifically stated that only motorcycles without sidecars regardless of the engine displacement are allowed to ply the expressway.

In affirming the lower court’s ruling, the appeals court said the appellants failed to show any direct or personal interest in the case as none of them are owners of motorcycle with sidecars.

Since none of them are registered owners of motorcycle with sidecars, the appeals court said “there was no legal right that have been violated.”

The appeals court added that the appellants should have first brought their grievances before the DOTC, now the Department of Transportation, which has the primary authority to administer and enforce all laws, rules and regulations relative to transportation.

Concurring with the ruling were Associate Justices Apolinario Bruselas Jr. and Germano Francisco Legaspi. /je