Red sure of approval of bill on habal-habal
In a press conference, Durano said that he will be requesting his friend, Senator Benigno “Noynoy” Aquino III, to file the counterpart bill in the Senate.
The Durano-initiated measure seeks to grant the local government units the power to regulate and control the use of motorcycles-for-hire in the rural and remote areas within their territorial jurisdiction.
The bill provides that the city and municipal councils will have the regulatory authority. Once the motorcycle-for-hire franchise covers two LGUs, cities or municipalities concerned may enter into a memorandum of agreement to allow habal-habals to ply the franchise route.
Durano said that in the countryside, motorcycles are frequently used and patronized by the people as means of public transportation and that these are considered alternative to public transport in places where roads are impassable by four-wheeled motor vehicles and in other places with inadequate transport system such as in the mining areas.
The solon explained that while these motorcycles are not registered as vehicles-for-hire, these are being used and accepted as public transport vehicles. Thus, the operation of habal-habals or sputniks or skylabs (in Agusan) is considered illegal.
He added that habal-habal operation is not covered by any kind of insurance. Hence, parties cannot claim any benefit or reimbursement whatsoever for injuries sustained while using this type of vehicle.
Further, the lack of franchise opens the opportunity for traffic enforcers to harass, mulct and fleece the operators of habal-habals, Durano said.
Also, the bill provides that motorcycles-for-hire are authorized to operate on any road within the city or municipality but are prohibited to operate, except to cross, along the national highway or on any road with a maximum speed greater than 40 kilometers per hour, especially on well-paved, high speed roads, unless special lanes on the shoulder are provided.
The bill added that for purposes of passenger safety, the motorcycle owner shall, upon registration, procure the necessary insurance for third party liability.
It shall be the LGU concerned that shall receive, process, and evaluate all applications for franchise for the operation of motorcycle-for-hires within the territorial jurisdiction of the city or municipality, subject to guidelines set by the Department of Transportation and Communications.
The LGU shall also conduct an actual physical inspection of the motorcycle unit with concentration on the body configurations and fitness to operate as a public utility vehicle.
All applications for franchise of motorcycle-for-hire shall be submitted to the LGU where the motorcycle is presently operated or where the applicant owner is a resident of.
Any person applying for the franchise of a motorcycle-for-hire shall submit a certification of the barangay captain attesting that the applicant is a bonafide resident of the barangay within the city or municipality; certificate of registration and official receipt of registration payment for the said motorcycle unit, and a deed of undertaking by the owner that the unit applied for will be operated in the said city or municipality. — Mitchelle L. Palaubsanon/MEEV
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