PROPOSED ORDINANCE NO.

____-2020

AN ORDINANCE AUTHORIZING TRICYCLES TO USE THE NATIONAL HIGHWAY

AS AN EXEMPTION TO THE GENERAL PROHIBITION, PROVIDING
GUIDELINES FOR ITS IMPLEMENTATION AND IMPOSING PENALTIES FOR
VIOLATIONS THEREOF

WHEREAS, it is the policy of the State to ensure the implementation of an

efficient and reliable public transport system as a vital component of economic
development, and as a program that will serve the public’s transportation needs;

WHEREAS, House Bill No. 9073, otherwise as the “An Act Providing for the
Regulation of Tricycles, Institutionalizing Mechanisms for its Implementation and for
Other Purposes”, provides that for safety reasons, no tricycle shall operate on national
highways utilized by four wheel vehicles greater than four tons and where normal speed
exceed 40 kilometers per hour, except to cross the same;

WHEREAS,Memorandum Circular 2020-036 of the Department of the Interior

and Local Government (DILG), dated February 17, 2020 provides the creation of a Task
Force in every City and Municipality prohibiting Tricycles, Pedicabs, and Motorized
Pedicabs from operating on National Highways;

WHEREAS, pursuant to Republic Act No. 7160 of the Local Government Code,
Chapter I, Section 3 (g) “The capabilities of local government units, especially the
municipalities and barangays shall be enhanced by providing them with opportunities to
participate actively in the implementation National Programs and Projects”

WHEREAS, there is a need to organize a team of individuals who will be in

charge of all matters pertaining to the public transport routes in the Municipality of
Plaridel, Province of Misamis Occidental, including the crafting of the Tricycle Route Plan
and ensuring that all plans, programs, projects, ordinances, orders, and other issuances
are in accordance with the DILG Memorandum Circular No. 36-2020;

SECTION ___. TITLE. This Ordinance shall be otherwise known as, "An
Ordinance Authorizing Tricycles To Use The National Highway As An Exemption To The
General Prohibition, Providing Guidelines For Its Implementation And Imposing
Penalties For Violations Thereof.”

SECTION ___. STATEMENT OF POLICY. For safety reasons, no tricycles

should operate on national highways utilized by 4-wheel vehicles greater than 4 tons
and where normal speed exceed 40 kph.

SECTION ___. DEFINITION OF TERMS. As used in this Ordinance, the

following terms shall mean:

a. Tricycle – including Motorcycle with bicycle pedals (MoPed) and E-bikes.

b. Pedicab
c. Motorized Pedicab
d. Citation Ticket - is a form issued to person/s violating any municipal
ordinance of the municipality in lieu of arrest and/or prosecution, among
other things, it notifies the offender/s on the particular infraction of the
ordinance he/she violated and also advices him/her to appear before the
 Chief of Police for appropriate disposition of the case. This ticket shall be
issued by a person authorized to issue a citation ticket.

SECTION ___. CREATION AND FUNCTION OF THE TRICYCLE ROUTE

PLAN TASK FORCE. There is hereby created a Tricycle Route Plan Task Force in the
Municipality of Plaridel, Province of Misamis Occidental that will focus on the
formulation and updating of the Tricycle Route Plan of the municipality.

SECTION ___. COMPOSITION. The Tricycle Route Plan Task Force shall be
composed of the following.

Chairman - Municipal Mayor

Vice Chairman - PNP Chief
Members - SB Chairman of the Committee on
Transportation, Traffic and
Communications
- Liga ng mga Barangay Federated President
- Head of the Tricycle Regulatory Board
- Head of the Department of Public Order and
Safety
- Municipal Planning and Development Officer
- Head of the Traffic Management Office
- Municipal Local Government Operations Officer

Resource Persons - Representatives from the Land Transportation

Office and the Land Transportation Franchising
and Regulatory Board

Secretariat - Municipal Legal Officer or the Municipal

Administrator

SECTION 6. DUTIES AND FUNCTIONS OF THE TASK FORCE. The Tricycle

Route Plan Task Force shall perform the following functions, duties and responsibilities:

A. Conduct meetings, public consultations and hearings with stakeholders, and

survey/ocular inspection of the zone/area of tricycle operations with special focus
on the following:

1) Rationalizing the authorized routes of all tricycles, pedicabs and motorized

pedicabs to ensure that they are banned from the national highway, in time
when the infrastructure support is completely in place;
2) Identification of national roads; and
3) Determination of the portions of the national highway presently used or
proposed to be traversed by tricycles only if there are no alternative routes
available.

B. Draft a Tricycle Route Plan (TRP). The Tricycle Route Plan Task Force shall
formulate a Tricycle Route Plan which shall be the basis for the enactment of an
ordinance. The TRP shall contain the following:

1) SCHEMATIC MAP clearly showing the following:

a) All the location of tricycle terminals and tricycle routes authorized by the
LGU;
 b) The national highways of the LGU which is utilized by four (4) wheel
vehicles greater than four (4) tons and where normal speed exceed forty
(40) kph; and
c) Portion(s) of the national highway to be allowed use by tricycles for lack of
alternative route.

2) Review and recommend an updated Route Plan to the Sangguniang Bayan on

applicable policies to improve the implementation of this ordinance that will
eventually ban the use of the national highway by Tricycles/Pedicabs for
safety purposes.

SECTION ____. TRICYCLE FRANCHISING AND REGULATORY BOARD.

There shall be created the composed Tricycle Franchising and Regulatory Board to be
composed of the following:

Chairman - _______________________
Vice Chairman - _______________________
Members _______________________
_______________________
_______________________

SECTION ___. DUTIES AND FUNCTIONS. The Tricycle Franchising and

Regulatory Board shall have the duties and functions, as follows:

1) Supervises the (i) processing of applications for tricycle franchise forwarded

or endorsed to the Tricycle and Franchising Regulatory Board (TFRB) for its
recommendation and subject  for approval by the Sangguniang Bayan; and
(ii) issuance of Motorized Tricycle Operator’s Permit (MTOP); and (iii) annual
renewal of MTOP thereafter, after actual inspection conducted by Board or its
deputized officers.
2) Prepare inventory lists of all motorized and non-motorized tricycles-for-hire
operating within the municipality.
3) Study, develop and recommend Tricycle Zones or Routes, Route Measured
Capacity (RMC); designation of Color Scheme, Body Number and Tricycle
Terminal.
4) Apprehend and impound unauthorized tricycle operating for hire within the
municipality.
5) Investigate and hear public complaints as well as the institution of remedial
measures to the said complaints with regard to public tricycle operations
within the municipality.
6) Prepare regular and special reports on the operations and supervision of
public tricycle every month as well as the accomplishment report of the office
every quarter. It shall furnish a copy of the said reports to the Sangguniang
Bayan, Office of the Municipal Mayor, and Tricycle Associations.
7) In special or exceptional cases, the Municipal Mayor, thru the
recommendation of the Board, may apply for deputization with the Land
Transportation Office (LTO) authorizing the Philippine National Police or traffic
enforcers or barangay officials, to apprehend erring tricycle drivers, confiscate
driver’s license, issue Citation Tickets or Ordinance Traffic Violation Receipt,
and impound public tricycle. 
8) Among other things, the Board may impound public tricycle, and seize or
confiscate license plate of public tricycle. 
 9) Implement color or number coding schemes or such other schemes intended
to reduce the number of tricycles operating each day in each particular
Tricycle Association or franchise zones/route.
10)Give recommendations to the local Tricycle Associations of their findings and
observations on traffic problems and compel the organization to enforce their
transport rules on operation by the use of innovative ideas to reduce traffic
impacts on public transport in their area of operation. 
11)Observe and certify election of officers of the Tricycle Associations and their
Federation in the municipality.
12)Require all Tricycle Associations to submit a list of its members or franchise
holders every quarter. 
13)Conduct information dissemination to raise awareness among residents and
other motorist about the new tricycle routes and the portions of the national
highway traversed by the tricycles for lack of alternative route.

SECTION ___. GENERAL RULE. To ensure safety:

1) No Motorcycles and Pedicabs should operate on the national highways

utilized by 4-wheel vehicles greater than 4 tons and where normal speed
exceeds 40 KPH; and
2) No Motorcycles and Pedicabs should use the national highways for crossing
and making U-turns.

SECTION ___. EXEMPTION. Due to absence of alternative route, the portion

of the National Highway of the Municipality of Plaridel, Misamis Occidental from
Barangay Panalsalan to Barangay Unidos is allowed for tricycles, pedicabs and
motorized pedicabs, motorcycle with bicycle pedals, electronic bikes as an exemption to
the general rule, provided that they are issued a Motorized Tricycle Operator’s Permit
(MTOP) from the Tricycle Franchising and Regulatory Board.

However, if the Infrastructure Development support or part thereof, as stated in

the Tricycle Route Plan, has been materialized, the Tricycle Franchising and Regulatory
Board shall refrain from the issuance of Motorized Tricycle Operator’s Permit (MTOP).

SECTION ___. OUTERMOST LANE OF THE NATIONAL HIGHWAY FOR

TRICYCLES. Tricycles, pedicabs, motorized pedicabs, motorcycle with bicycle pedals,
electronic bikes are only allowed to traverse at the outermost lane of the National
Highway. However, if portion/s of the outermost lane is obstructed, the tricycle,
pedicabs, motorized pedicabs, motorcycle with bicycle pedals, electronic bikes may use
the inner lane of the National Highway.

SECTION ____. NO OVERTAKING OF TRICYCLES. Tricycles are prohibited

from overtaking other vehicles and must remain in a single file in the outermost lane of
the road.

SECTION ____. CAPACITY. Under health emergency – national guidelines,

other than that, the ordinance.

SECTION ____. SPEED LIMIT. Maximum of 40 kph

SECTION ___. MOTORIZED TRICYCLE OPERATOR’S PERMIT AND

FRANCHISE (MTOP) REQUIREMENTS. The following are the requirements for the
issuance of a Motorized Tricycle Operator’s Permit (MTOP) and Franchise:
 1. Certificate f Registration of the Motorcycle and Official Receipt of the Registration
from the Land Transportation Office;
2. One Piece 2X2 ID Picture;
3. Photocopy of Driver’s License of the Applicant;
4. Certificate of Reorientation/Seminar for the tricycle drivers on Traffic
Rules/Regulations;
5. Barangay Clearance where the applicant resides;
6. Application form on the applied place or zone of operation;
7. Police Clearance from PNP Plaridel Station;
8. Medical Certificate from the Municipal Health Office;
9. Community Tax Certificate (of the driver/operator and spouse)
10.Tax Clearance from the LGU
11.Certificate of Membership from any registered and accredited tricycle drivers
association;
12.Clearance from the Tricycle Franchising and Regulatory Board or its authorized
representative on the compliance of the minimum operating conditions as stated
in section ____ of this ordinance.

SECTION ___. MINIMUM OPERATING CONDITIONS. The Tricycle

Franchising and Regulatory Board or its deputized officers shall conduct actual
inspection of tricycles for the issuance of TFRB Clearance showing that the tricycle unit
is road worthy, as one of the requirements of the Motorized Tricycle Operator’s Permit
and Franchise (MTOP) to check on the following:

1) Body Number marked inside and outside the cab;

2) Hotline no marked inside the cab;
3) Basic LTO requirements (brakes, head lights, Tail Lights, signal lights,
and horn);
4) Side Mirrors;
5) A transparent shield between the driver and the passenger;
6) Color Code (to determine the tricycles with MTOP from those without
MTOP);
7) Fare Tariff posted at the most conspicuous part of the tricycle;
8) A clean and covered garbage bin with a label “GARBAGE BIN” attached
to the tricycle; and
9) A print on the tricycle body the message, “Let’s keep Plaridel clean and
green.”

The minimum operating conditions also apply to Private units of Tricycles,

pedicabs, motorized pedicabs, motorcycle with bicycle pedals, electronic bikes upon
application for TFRB Clearance and Motorized Tricycle Operator’s Permit (MTOP).

SECTION ____. ISSUANCE OF STICKER. Motorized Tricycle Operator’s

Permit (MTOP) be issued a sticker.

SECTION ____ TICKET BOOTH. Passengers’ Means of payment is a ticket

from the ticket booth at the PPA.

SECTION ___. SIGNAGE INSTALLATION AND SAFETY MEASURES. (A)

The Municipal Engineering Office shall take charge in the inspection of the outermost
portions of the national highway for use of the tricycles and the installation of visible
and appropriate signage, marks on lane and other safety feature to guide and protect
all vehicles utilizing the national highway from all types of road obstructions.
 SECTION ____. LIMIT THE FRANCHISE ISSUED. How many number of
tricycles be issued a Motorized Tricycle Operator’s Permit (MTOP)?

SECTION ____. FABRICATION OF TRICYCLE/PEDICAB BODY. Require

the fabricating shop an authority to fabricate.

SECTION ___. INFRASTRUCTURE DEVELOPMENT. The Local Government

shall prepare an Annual Route Plan Program comprising the various maintenance and
road widening/concreting projects to be implemented in the financial year including its
supporting documents. In preparing the ARPP, both the LGUs’ regular funds for road
maintenance and the Department of Public Works and Highways fund allocation for the
LGU shall be taken into account.

SECTION ___. BUDGET. The LGU shall include in the Annual Peace and Order
and Public Safety (POPS) Plan as basis for annual appropriation all concerns arising in
the implementation of this ordinance such as installation of early warning signs and
other road safety measures.

SECTION ___. ENFORCEMENT. The Municipal Mayor, thru the

recommendation of the Tricycle Route Plan Task Force, shall deputize members of the
Philippine National Police, traffic enforcers or barangay officials, who shall apprehend
erring tricycle drivers, issue Citation Tickets, confiscate driver’s license or impound
public tricycle. 

SECTION __. VIOLATIONS AND PENALTIES. Any violation committed by the

driver or operator of tricycles, pedicabs and motorized pedicabs shall be subject to the
following penalties;

No head light
No signal Light
No Taillight
Use of inappropriate light
No Driver’s License
No Proper Hygiene/shoes
Change lane when there is available lane
No side mirrors
No shield
No garbage receptacles
Nuisance such as muffler, music
No body number

SECTION ___. SEPARABILITY CLAUSE. – If, for any reason, any section or
provision of this ordinance or any part thereof, or the application of such section,
provision or portion is declared invalid or unconstitutional, the remainder thereof shall
not be affected by such declaration.

SECTION ___. REPEALING CLAUSE. – (a) All ordinances and resolutions or

parts thereof inconsistent with the provisions of this Code are hereby repealed or
modified accordingly.

SECTION ___. EFFECTIVITY. – This Code shall take effect fifteen (15) days
after its posting in two conspicuous places within the Municipality.
 ENACTED UNANIMOUSLY this ___ day of August, 2020 during the ___
Sanggunian Regular Session of CY 2020 by unanimous votes of the Members of the
Sangguniang Bayan present.
I HEREBY CERTIFY to the correctness of the above-quoted Municipal Ordinance.

JOVELYN R. BALAD-ON
Temporary Recorder

ATTESTED:

HON. ROLANDO MANUEL C. TY

Vice Mayor/Presiding Officer

MEMBERS OF THE SANGGUNIANG BAYAN

HON. JUDEL T. TY HON. PRINCE KIEN M. BANDIALA

SB Member SB Member

HON. JIM S. TAN HON. ALLAN B. LAPUT

SB Member SB Member

HON. TEDDY R. TATAD HON. FLOR B. BULANG

SB Member SB Member

HON. RENE C. BAJE HON. ALGELYN B. PARADIANG

SB Member SB Member

HON. LUCITA M. AVILES, EdD HON. JESSA JOY C. DALANGPAN

SB Member/Liga ng mga Brgy.Fed. Pres. SB Member/SK Fed. President

APPROVED:

HON. ALICIA R. TY
Municipal Mayor

Date signed: _______________