MMDA on maximizing traffic flow proposal
ON Jan. 20, 2024, I published in this column an open letter to Manila Mayor Dr. Maria Sheilah “Honey” Lacuna-Pangan and Metropolitan Manila Development Authority (MMDA) Chairman Romando Artes. The subject of the letter was how to maximize traffic flow along the inner roadways, one road at a time, of Metro Manila.
I cited as an example how this oneroadway-at-a-time scheme can be accomplished, particularly along Pablo Ocampo Street (formerly known as Vito Cruz Street) in Manila.
More than a month had passed, and I was surprised when I received a reply (dated Feb. 16, 2024) from MMDA Chairman Artes via electronic mail on February 28. Here is the entirety of his reply:
“This pertains to your suggestion on maximizing traffic flow in inner roadways by clearing roadway and sidewalk obstructions therein.
“[The] MMDA has been relentless in educating and informing the public about traffic rules and regulations, and providing up-to-date traffic conditions through its official social media accounts and by the Traffic Education Division, the latter through the seminars it provides to drivers and traffic enforcement personnel. Still, many motorists appear to be oblivious to these basic traffic rules and regulations.
“On some occasions, road and sidewalk clearing operations even lead to scuffles between traffic enforcement/road clearing units on one hand, and the affected motorists and/or business establishment proprietors/owners on the other hand.
“Through the collective effort of the MMDA and the local government units (LGUs) of Metro Manila, roads and sidewalk clearing operations have been intensified. Nevertheless, the MMDA can only do so much and without the cooperation of the citizenry, the aspiration to have clear roads and sidewalks will remain to be a pipe dream.
“Rest assured that the MMDA will carry on with its mandate to clear roadways and sidewalks under its supervision. We are thankful for your insights and will take them into account in the formulation of strategic traffic management and improvement schemes for Metro Manila. “Atty. Romando S. Artes, CPA Acting Chairman”
On e-bikes/e-trikes
Coincidentally, Chairman Artes was one of the examples cited in this column last week. I quoted him as saying, “Paano naming huhulihin? Wala kaming maisyuhan ng ticket dahil wala namang lisensya ‘yung nagmamaneho. Hindi rin naming pwedeng i-charge ‘yung vehicle dahil hindi rehistrado (How do we apprehend them? We cannot issue a ticket because the driver does not have a license. We also cannot charge the vehicle because it is not registered).” He said this in a press conference on February 15, in response to the mounting traffic violations committed by e-bicycle/tricycle riders.
In MMDA’s press release of February 12 (but which was posted only on February 28), it announced:
“The Metro Manila Council, through the Metropolitan Manila Development Authority (MMDA), today approved a resolution prohibiting the use of major thoroughfares for certain types of transportation and other types of conveyances. In MMDA Regulation No. 24-022, Series of 2024, traversing of e-vehicles, such as e-bikes and e-trikes, as well as tricycles, pedicabs, pushcarts and kuligligs on national roads, circumferential and radial roads in Metro Manila will be prohibited.”
“MMDA Acting Chairman Atty. Don Artes said that the fines for those who will violate the prohibition will be P2,500. Driver’s license shall also be required for those who will drive electric-powered motor vehicles and tricycles. Those who cannot present their driver’s license upon apprehension shall be subject to impoundment of their respective vehicles.”
Why the sudden shift in policy? Earlier, Artes said that they could not apprehend those erring e-bike drivers because they could not issue violation tickets to drivers who have no licenses in the first place. Now, he declares that “those who cannot present their driver’s license upon apprehension shall be subject to impoundment of their respective vehicles.”
The classification of e-bikes/e-trikes was established by Republic Act 11697, or the “Electric Vehicle Industry Act,” way back in 2022. Under this law, “electric vehicle (EV) refers to a vehicle with at least one (1) electric drive for vehicle propulsion” while light electric vehicles (LEV) “refer to EVs such as an electric scooters, electric bicycles, electric personal transport, and other similar vehicles weighing less than fifty kilograms (50 kg).” Section 9 of the same law mandates that, “Light electric vehicles, which shall be for exclusive private use, shall not be required to register with the DoTr (Department of Transportation) and its attached agencies.”
The law is clear that the LEVs, if they would be for personal use only, are not required to be registered with the Land Transportation Office (LTO). However, if they are to be for commercial use, then they should be registered with the LTO.
A year earlier, LTO issued Administrative Order (AO) 2021-039, which is a consolidated guideline in the operation of electric motor vehicles. Etricycle/e-three wheeled vehicles were classified under Category L4 and L5.
The AO provides that the “Operation of these vehicles may be allowed to go beyond barangay roads to cover other local roads and tertiary national roads, and the driver is a bearer of appropriate driver’s license. It can pass main thoroughfares and national roads for purposes of crossing only when the road it is allowed to traverse is divided by the former and shall yield the right-of-way to all oncoming traffic that constitute an immediate hazard. Concerned LGUs may authorized [sic] these types of vehicles, whether private or ‘for hire,’ to traverse national highways or main thoroughfares through the passage of an ordinance but shall be constrained to the outermost lane/part of the highway.”
Based on these issuances, all drivers of e-tricycles and other e-three-wheeled vehicles must possess valid driver’s licenses. They should drive on the outermost part of the road, if allowed by an applicable local government unit ordinance. As duly licensed drivers (as required by law and regulation) they must then obey traffic laws and shall be liable for all infractions and damages caused to fellow motorists.
So, what’s new with MMDA Regulation 24-022, Series of 2024?