Hello, Top Gear, and a good day.
Do you have any information if the Toll Regulatory Board has any plans of changing the 400cc ban on motorcycles on the tollways? Or if it is being reviewed? With the current advancements in the motorcycle industry, a lot has changed in how every motorcycle is designed especially in the 250cc, 300cc, and above engine displacements.
If the concern is motorcycle riding being affected by wind drag from bigger vehicles like trucks, it’s pretty much the same whether this is above or below 400cc. When it comes to maintaining the required speed restrictions of our tollways, sub-400cc bike can easily maintain a speed of 60-80kph.
I hope the board can review and consider this, and start allowing other sub-400cc users to enjoy the convenience of traveling through our tollways.
Thanks and more power to you,
Ronee
Thank you for your question. This restriction is, unfortunately, as old as time, and equally unfortunately, answered by looking at the legal history of the challenge to the 400cc limit on expressways.
Firstly, while there was some news five years ago about the Toll Regulatory Board (TRB) re-examining the rule, it would seem that nothing has come out of this. We have yet to hear any news about further attempts to remove the restriction in the years since then.
This would not be the first time that the 400cc limit was re-examined; in fact, the Supreme Court at one point declared null and void Department Order No. 123 (2001) of the Department of Public Works and Highways (DPWH). This was the order that actually allowed 400cc motorcycles on the tollway, overriding the earlier Department of Public Works and Communications (now defunct) Administrative Order No. 1 that prevented all motorcycles from entering in the first place.
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The Supreme Court declared DO 123 to be unconstitutional for being issued ultra vires or without the proper authority, because the DPWH had no power to make rules on this at the time the DO was issued. This had the effect of reinstating the blanket ban on all motorcycles imposed by the earlier AO No. 1.
In 2007, what was then the Department of Transportation and Communications (DOTC) issued Department Order No. 2007-38, again allowing motorcycles of at least 400cc to ply our expressways. Although there have been some attempts to challenge this in court, it would seem that none of these attempts bore fruit.
The banning of 400cc motorcycles is a valid use of police power, or the power of the state to craft rules and regulations to ensure public welfare. While there is evidence that motorcycles under 400cc can easily keep up with the flow of traffic on expressways, the Supreme Court is clear in this matter: In the case of Mirasol vs. DPWH, it stated that “arguments based on what is ‘best’ are arguments reserved for the Legislature’s discussion. Judicial intervention in such matters will only be warranted if the assailed regulation is patently whimsical.”
In the same ruling, the Supreme Court declared that “no requirement exists that the exercise of police power must first be conclusively justified by research. The yardstick has always been simply whether the government’s act is reasonable and not oppressive.” It has been clear that restricting the use of expressways to 400cc and above for motorcycles is reasonable.
In other words, unless there is a whimsical abuse of discretion on the part of a rulemaker or legislative body, the Court will not intervene.
This means that your best course of action is to appeal to the relevant government agencies—or better yet, your representatives in Congress to either amend the Department Orders or craft a new law allowing for this.
Thanks for writing in. Hope this answers your question.
Regards,
Carlo
