Department order can’t turn motorcycles to PUVs

UNEASY RIDERS In a show of force, around 300 motorcycle riders gather on España Boulevard in Manila to protest the double plate bill that will require them to put license plates in front of and at the back of their vehicles. —MARIANNE BERMUDEZ

The Department of Transportation (DOTr) insisted anew that it could not simply issue a department order allowing motorcycles to operate as public utility vehicles (PUVs) amid calls from some senators.

According to the DOTr, “the best recourse [to convert] motorcycle taxis [into] public transport” is for Congress to amend Republic Act 4136 or the Land Transportation and Traffic Code.

In a statement on Sunday, the DOTr also urged the public to wait for the report of the technical working group (TWG) it had created to study the feasibility of motorcycle taxis.

In a Jan. 31 Senate hearing, Senators Ralph Recto and Grace Poe again suggested that the DOTr issue a department order regulating motorcycles for hire pending the passage of a law amending RA 4136.

When Uber — a ride-hailing app that offers rides in private cars — came to the Philippines in 2015, the then-Department of Transportation and Communication issued Department Order 2015-11 to categorize transport network vehicle services (TNVS) — or private cars — as a form of public transport.

Recto said that issuing a similar order covering motorcycle ride-hailing apps like Angkas would allow the DOTr to regulate such services while waiting for Congress to amend RA 4136.

Not for hire

However, the DOTr pointed out that RA 4136 specifically classified motorcycles as vehicles that were “not for hire.”

“According to Republic Act 4136, passenger automobiles may be classified as either private or public (for hire), depending on its purpose. Thus, although TNVS units were initially classified as private vehicles, their transition to public transport only required a conversion to another classification,” it said.

A department order, it added, would also violate the temporary restraining order issued by the Supreme Court in December that in effect halted Angkas’ operations.

“The DOTr wishes to reiterate that it does not intend to antagonize Angkas. In fact, [it] has welcomed motorcycle groups in TWG discussions to thresh out the requirements and other contingent issues. These issues are ultimately directed at regulation for passenger safety and nothing else,” it said.