Regulation of habal-habal in city now being studied

CEBU, Philippines - A proposal is now pending before the Cebu City Council to grant franchise to habal-habal motorcycles so the city government can regulate their operation but the chief of the city's transportation office reminded the council that it may contravene with a national law that does not allow motorcycles to be used as public transport.

"We tolerate ang kining existing because there is an existing public demand but the national government is not allowed to issue new franchises because of the moratorium… it would be better to request Congress to amend the national law," said lawyer Rafael Yap.

The Land Transportation Office also said a city ordinance will not stop the agency from making arrests as an ordinance, a local law, cannot supersede a national law.

LTO-7 Acting Regional Director Alita Pulga agrees with Yap that one the options the city can take is to ask Congress to amend the existing provisions of the Transportation and Traffic Code to include the motorcycle as a means to ferry passengers.

The proposed ordinance penned by Councilor Pastor Alcover Jr. is now with the council's committee on laws for study.

Proposal

In his proposal, Alcover said: "There is compelling need for the city government to intervene in order to ensure safety and protection of the riding public in addition to the uninformed fare rates collected from the riding public, and to require operators of these motorized vehicles that their vehicles are well-maintained,"

Alcover said drivers should be updated on safety and health standards required by law and if the ordinance is passed, the city can also earn from the regulatory franchise fees.

"It is the intention of this ordinance that the city government, particularly, shall only be involved in the issuance of the local regulatory franchise/s of habal-habal and motorized tricycles without interference to the registration of these vehicles, which is among the primary function of the Land Transportation Office," Alcover said.

Current situation

Yap said the Local Government Code only allows local government units to regulate three-wheeled vehicles like tricycles.

He admits, though, that the city "tolerates" habal-habal motorcycles because other public utility vehicles cannot provide certain services like transport to mountain barangays.

"The existing problem is there is a lot of public transport, in certain instances, there is existing public transport but the service is not efficient," he said.

Still, he said, traffic enforcers are under strict instructions to enforce local traffic laws that cover habal-habal vehicles like wearing of helmets, among others. 

He said motorcycles should be a last resort as a public transport in a highly urbanized city like Cebu.

Just yesterday, Mayor Tomas Osmeña reported 49 vehicular accidents in the city from 7 a.m. to 5 p.m. which caused heavy traffic.

"This is a major cause of traffic, and this is why we are increasing CITOM (CCTO) and TFA (Task Force Alpha) presence in all high-volume areas. Penalties will become more severe. The more drivers follow the law, the better traffic will be for everyone," the mayor posted on his official Facebook page.

Yap said at least 30 out of the 119 recorded road accidents the whole day yesterday involved motorcycles. — with Rene U. Borromeo (FREEMAN)