Angkas eyes lawsuit vs tollway firm

Photo by Noy Morcoso/INQUIRER.net

Motorcycle-hailing platform Angkas has threatened to take to court Skyway O&M Corp. (Somco) for its “unilateral, discriminatory” decision to ban sub-400cc bikes on a portion of Osmeña Highway.

In a press briefing on Wednesday, Angkas said it was giving Somco a week to discuss the ban with them.

Should the dialogue fail, Angkas was mulling seeking an injunction against the ban, on top of filing a civil suit for damages suffered by commuters and riders.

The ban, which took effect on Monday, prohibits motorcycles with an engine displacement of below 400cc from passing through Magallanes Interchange in Makati City up to Sales Interchange in Pasay City and vice versa.

Somco said this was a “safety precaution” against the growing number of motorbike accidents in the area.

SMC Tollways and the Toll Regulatory Board (TRB) said that the Skyway at-grade from Magallanes to Sales, while toll-free, was still under the jurisdiction of Somco and therefore considered a limited access highway under Republic Act No. 2000.

Under Department Order No. 2007-38, only motorcycles with an engine displacement of 400cc and above can pass through tollways.

But Angkas insisted that Somco had no authority to implement such a change without an official directive from appropriate agencies like the TRB and the Department of Transportation (DOTr).

Not a limited access road

It said that Department Order 2007-15 listed several highways as limited access but not Osmeña Highway.

“Where is the directive from any government agency? Can a private corporation dictate the use of public roads? Is that the way our government works? Is there an order from the TRB, DOTr, the Department of Public Works and Highways, or is this just coming from a private firm? If so, we need to clarify whether Osmeña Highway [falls under RA 2000],” said Angkas public affairs head George Royeca.

In a phone interview, Somco president Manuel Bonoan said that they were just complying with Department Order No. 2007-38 which was based on RA 2000.

“We cannot suspend a government agency order that was implemented years ago. We need to enforce it because we are being monitored by the TRB,” he explained.

Asked why it decided to enforce the law only recently, Bonoan noted the increasing number of accidents involving smaller motorbikes.

“The motorcycles would collide with cars and trucks which just exited the Nichols tollgate. Under our concessionaire agreement, we have to provide our paying customers a safe facility,” he said.

“One fatality is one too many. If we can avoid it all together, that would be the best arrangement,” he added.

Bonoan also disagreed with the claim of motorcycle groups that they were “antipoor, antibiker and anticommuter,” saying: “We are not. As you can see, we are prolife.” —With a report from Dexter Cabalza