Tricycle operations under LTO, not LGUs

Tricycle drivers will no longer be required to get licenses and permits from mayors, but their routes will now be limited to sidestreets and small thoroughfares.

The Supreme Court ruled yesterday that local government units (LGUs) are not allowed to issue licenses for tricycle drivers or charge fees for tricycles' registration since these vehicles are the responsibility of the Land Transportation Office (LTO).

In a 17-page decision, Justice Jose Vitug said that LGUs can no longer invoke the local taxation and autonomy being encouraged by the Local Government Code in charging fees for tricycles and their drivers.

"The power over tricycles granted under the Local Government Code to LGUs is the power to regulate their operation and to grant franchises," Vitug said.

The judge explained that the LTO, with its police powers, is the only agency authorized by law to exercise authority over tricycles and other motor vehicles.

The high court's decision reversed the ruling of Butuan Judge Rosarito Dabalos in March 1995 that the registration, granting of franchises, issuance of drivers' license and collection of other fees from tricycle drivers are within the powers of LGUs.

Dabalos' ruling sided with Butuan Mayor Democrito Plaza II who figured in a legal battle with tricycle drivers in his city over the collection of various fees.

The mayor had insisted that under the Local Government Code, he is allowed to levy taxes on tricycles plying his city's streets.

The Butuan judge's decision was upheld by the Court of Appeals in 1997.

Vitug, however, said that the LTO also is the only agency empowered by law to examine motor vehicles, not only tricycles, and determine their roadworthiness as well as charge fees.

He explained that although the Local Government Code authorizes mayors to "regulate" motor vehicles, still local officials of the LTO are in the best position to look after them.

Meanwhile, Vitug said mayors should instead concentrate in ensuring safety on the road in their localities. He said he had observed a seeming laxity on the part of local officials in granting franchises for tricycles in their towns or cities.

Vitug noted that because of this laxity on the part of some mayors, tricycles have sprouted in all major streets in many cities and towns, obstructing traffic and causing danger to motorists, commuters and pedestrians. -