Transport officials ‘saddened’ by court decision to allow operation of ‘Angkas’

The Department of Transportation (DOTr) and the Land Transportation Franchising and Regulatory Board (LTFRB) said they are “saddened” by a court decision which allowed motorcyclehailing service Angkas to temporarily continue its transportation operations despite being “colorum.”

Transport regulators issued the statement on Thursday shortly after a decision of the Mandaluyong City Regional Trial Court to grant a preliminary injunction to Angkas was released to the public.

The order released by Judge Carlos Valenzuela of RTC Branch 213 dated August 20, 2018 prevents LTFRB and the DOTr from interfering “directly or indirectly” with Angkas’ operations, as well as apprehending their riders.

Prior to the decision, Angkas asked for a ruling of the court through filing a declaratory relief to seek judgement on its right to operate as a transport network company using motorcycles.

However, the transportation agencies maintianed that motorcycles are not allowed to offer public transport service based on the law.

“Our position is that motorcycles registered in the service are not authorized to conduct business and offer public transport under Republic Act 4136. For them to be allowed, the law has to be amended by Congress,” a joint statement from the DOTr and LTFRB read.

The DOTr-LTFRB added that they are just being faithful to their mandate as regulators when they ordered Angkas to cease operations in November last year for violating Republic Act No. 4136 or the Land Transportation and Traffic Code.

Under Section 7, private vehicles, private trucks, and private motorcycles, scooters, or motor wheel attachments “shall not be used for hire under any circumstances and shall not be used to solicit, accept, or be used to transport passengers or freight for pay.”

The transportation department has tagged Angkas motorcycles as “colorum” – a term used for public utility vehicles operating without franchise –as two-wheeled vehicles are not allowed to carry paying passengers due to safety concerns.

“Apart from engaging in unfair business practice, the safety of patrons and commuters are also put at risk, as motorcycles are not considered as a safe mode of public transport,” the agencies explained.