The Land Transportation Office (LTO) is temporarily suspending the requirement to register e-trikes and e-bikes operated on public roads and highways, as well as the requirement for users to have a driver’s license and wear a helmet when operating these light electric vehicles (LEVs).
In addition, the agency is also suspending the authority of local government units and the Metropolitan Manila Development Authority (MMDA) to prescribe rules related to the use of LEVs—for instance, on which roads these may be used.
The above provisions are under LTO Administrative Order No. 2021-039 and VDM-2024-044. In September, the Department of Transportation (DOTr) issued a memorandum ordering the LTO to suspend these provisions, citing inconsistencies with the Electric Vehicle Industry Development Act (EVIDA).
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The DOTr’s memo to the LTO reads:
Upon legal review of this Office, certain provisions pertaining to the treatment of light electric vehicles in the EVIDA IRR (implementing rules and regulations), relevant LTO and MMDA issuances, and LGU ordinances appear to be in conflict with EVIDA and other relevant laws, specifically concerning the following:
- Requirement for registration of LEVs and licensing of LEV users with the LTO;
- Mandatory use of Department of Trade and Industry (DTI)-approved standard protective motorcycle helmets for LEV users;
- Delegation of the authority to promulgate rules on the operations of EVs (e.g. type of roads that LEV users can traverse) with the MMDA and LGUs;
- All other provisions in the EVIDA-IRR, LTO and MMDA issuances, and LGU ordinances that hinder the policy of EVIDA in promoting the use of EVs and sustainable energy.
What does EVIDA actually say about the use of e-bikes and e-trikes?
One point raised in the DOTr’s legal review of conflicting provisions concerning the use of e-bikes and e-trikes is this: “Section 11(c) of EVIDA Law mandates LGUs... to provide segregated lanes for LEVs in all major local and national roads, in coordination with the Department of Public Works and Highways (DPWH): Provided, that such lanes may be integrated with bicycle lanes.” This is in response to municipalities like Cainta banning e-bikes and e-trikes on certain roads.
On another note, the DOTR’s proposed department order (DO) on the operation of LEVs states that such vehicles have “the right to use any active transport infrastructure or any public road that has no designated active transport infrastructure, except for limited access highways.” This is contravened by MMDA Regulation No. 24-022, which prohibits e-trikes and e-bikes from traversing certain roads except when crossing, making a U-turn, or using a bike lane.
Finally, Section 9(b) of EVIDA provides that LEVs “for exclusive private use shall not be required to register with DOTr and its attached agencies.” It would seem that ‘exclusive private use’ here refers to personal use by a private owner, meaning LEVs that are not for hire. The law’s implementing rules and regulations, however, interpret the term as “not intended to be operated or used upon any public highway, or highways not constructed or maintained by the government.”
“If a discrepancy occurs between the basic law and an implementing rule or regulation,” the legal review reads, “it is the former that prevails, because the law cannot be broadened by a mere administrative issuance.”
