The Filipino ingenuity gave birth to the most common for of transportation- tricycle. We have to thank whoever might have come up with the idea of fabricating a contraption and attach it to a motorcycle for transporting people more than the legal capacity of a motorcycle. Tricycles have been known to transport more than 10 persons and it is by far the cheapest mode of transportation. Since its introduction, this humble vehicle has taken over most cities and municipalities all over the country but has also become an irritation to some because of its slow speed and loud engine noise. They are now banned from traversing national highways and are now slowly being replaced by the new models from abroad. In the Province of Benguet there are now municipalities that allow tricycles within their respective jurisdictions. Our Municipality started with its tricycle franchising in 2022 but other municipalities do not have tricycles perhaps because of the terrain.
Tricycle Franchise
The Local Government Code of 1991 Section 447, a(3) states that the Sangguniang Bayan shall have the power to: “Subject to the provisions of Book II of this Code, grant franchises, enact ordinances authorising the issuance of permits or licenses, or enact ordinances levying taxes, fees and charges upon such conditions and for such purposes intended to promote the general welfare of the inhabitants of the municipality, and pursuant to this legislative authority shall: (vi) Subject to the guidelines prescribed by the Department of Transportation and Communications, regulate the operation of tricycles and grant franchises for the operation thereof within the territorial jurisdiction of the municipality;” This same power is also available to the Sangguniang Panlungsod. This provision grants the Sanggunian the power to allow the operation of tricycles within its territorial jurisdiction. The mayor cannot on his own issue permits to tricycle operators. It is very important that the Sanggunian first enact an ordinance regulating the operation of tricycles. It is also the Sangguniang which has the power to grant franchises to the operators. Only after the tricycle ordinance is enacted and the franchises are issued can the municipal mayor issue the permit in favour of the operator.
Limitations on Operation
The operation of the tricycle shall be subject to the limitations in the ordinance as promulgated by the Sanggunian. Issuance of driver’s license to tricycle drivers remains with the Land Transportation Office including registration of the motorcycle. The Department of Transportation and Communication with the Department of Interior and Local Government have issued certain limitations through guidelines which include the requirements on cleanliness of the tricycle. The unit must also have a body number, two signal lights for turning, light inside the side car, garbage receptacle, fully operating mufflers, anti-noise equipment/silencer, and above all- it must be road worthy. The installation of mufflers or anti-noise equipment/silencer is supposed to address the complaint of many residents about the loud noise emitted by the motorcycle. The DILG also said that: “for safety reasons, no tricycle or pedicab should operate on national highways utilized by 4-wheel vehicles greater than 4 tons and where normal speed exceed 40KPH. however, the SP/SB may allow if there in no other alternative route” (DILG MC No. 2007-01). It appears that this prohibition is difficult to impose or implement. The safety of motorists on the highways is compromised if tricycles are allowed to use said roads. They can slow the flow of traffic since they are generally slower than most 4-wheel drive vehicles. It is an observation that some tricycle drivers even use the middle part of the highway when in fact they can be closer to the edge so other faster vehicles can pass. Although some highways already have tricycle lanes, no one is seen using them. It is the responsibility of the Local Governments to make sure that operation of the tricycles does not pose any danger to the motorists, passengers, and the general public since it has the power to regulate the same..
