Did they really say that?
What the Solicitor General's Office said to support the life threatening ban on motorcycles using freeways.

The battle against the "illegal" ban on motorcycles using the tollways has been going on for years. It occurred to me recently that most riders dont know the arguments put forward by the Office of the Solicitor General to justify the ban.  In this article we put aside the legal and safety issues and mountains of evidence supporting our case.  We quote the Office of the Solicitor General literally (yes, believe it or not they really did say these things) and offer some logical replies.  It may make you laugh at their obvious total ignorance or it may make you cry for the Philippines that actually has senior government officials that believe this garbage. Either way it will open your eyes.

OSG
The different tollway operators by virtue of the Toll Operation Agreements (TOA) entered into with the TRB have constructed expressways/tollways to accommodate only the different classes of four or more-than-four wheeled vehicles (e.g. 2 axle and multiple axle vehicles). This is evident from the fact that there are no dedicated motorcycle lanes constructed in any expressways in the Philippines. The lane widths are designed in accordance with international standards that allow for safe parallel travel of vehicles with speeds over 60kph but do not allow room for safe travel with a motorcycle lane splitting or white lining.

Answer:
It is very hard to take this comment seriously but let me try.

How can the the tollways have been designed or constructed exclusively for 4-or-more-wheeled vehicles when they were designed and built before the ban on motorcycles existed and are of exactly the same design as freeways anywhere else in the world where motorcycles allowed access like any other vehicle. The ban did not exist until presidential escorts during a visit by President Nixon were told to remove their protective helmets and wear ethnic hats, then one was involved in an accident and killed because he was not wearing a helmet. They could not blame to official who gave the order so they blamed the road!  Yes believe it or not that was the reason for the ban when it started.

It is unlikely that any country anywhere in the world has ever designed or constructed a road specifically for vehicles with four or more wheels. It is hard to imagine what such a road would be like.

Every developed country in the world allows motorcycles on freeways, motorways and autobahns. If the Philippine tollways are built to international standards then obviously they are built for all vehicles, including motorcycles just like they are all over the world. By the way, international standards for minimum engine sizes of motorcycles using freeways (where there are any at all) are generally between 50cc and 150cc.

If there is no room for a motorcyclist to overtake (lane splitting or white lining) then he will not do so just the same as cars and buses will not do so if there is no room. Actually it is not unusual for large vehicles to force their way into a line of traffic on the Philippines freeways by simply swerving into the adjacent lane. Something a motorcyclist is highly unlikely to do.

OSG
Moreover, the toll plazas and the number of toll collection lanes/booths have likewise been designed based on projected traffic of the four or more-than-four wheeled vehicle classes as stipulated in the different TAOs. Because the number of vehicles now using the tollways has already exceeded projections and likewise, road design capacity, there are long queues in certain sections of the expressways resulting to peak travel at very low speeds. Further, during peak hours (morning and evening) are long queues and heavy congestion on the main line leading to the toll plazas and toll booths.

Allowing entry of motorcycles will definitely increase the number of vehicles on the expressways to an unimaginable proportion. The volume of motorcyclists flocking the metropolis on a daily basis will unduly congest traffic flow in the expressways and will likewise result to long waiting time at toll booths. This is definitely not what the intended users would expect and pay for in entering said tollways. This situation would defeat the rationale for the establishment and design of these expressways - to avoid afford intended with the fastest, safest and most convenient travel.

While these motorcycles regardless of engine displacement (measured in terms of cubic centimeters), are willing to pay toll fees required of Class A vehicles this does not compensate the inconvenience that will be cause to four or more-than-four wheeled vehicles as intended users of the tollway.

Considering the present-day traffic condition in the National Capital Region (NCR) and adjoining towns and municipalities, the prohibition of motorcycle access inside the limited access facilities, is best if not the only way by which the DPWH, through the TRB, can decongest what has been established merely as "limited" access facilities, on which not all kinds of vehicles can be allowed access.

Answer:
Obviously the long queues prove that the TRB have completely failed to address the problem and the above only proves that their policy of banning motorcycles has achieved nothing. In fact it would appear to have made the problem worse as anyone with experience in traffic management would know.

In many developed countries motorcycle use is actively encouraged to reduce congestion. For example in Central London, England there is a heavy toll fee (about 450 pesos) for any four or more-than-four wheeled vehicles other than public transport vehicles to enter the city center. Motorcycles are allowed free entry. This has been very successful in reducing congestion and pollution. In many places, lanes reserved for buses may be also be freely used by motorcycles to encourage their use and reduce congestion and in some countries there is no toll fee at all for motorcycles using tollways.

Assuming the toll plazas were actually designed with only four or more wheeled vehicles in mind, what gives anyone the right to arbitrarily and illegally ban motorcycles? Why should motorcyclists pay the price for some traffic planners' mistake? Many toll plazas actually have space for a 4 feet wide line to be added especially for motorcycles if the imagined huge increase in the use of motorcycles on tollways ever happened. The toll fees they pay would easily cover the cost.

From the 16th of July 2001 until the 16th of June 2003 a writ of preliminary injunction issued by the Makati Regional Trial Court was in force. The court declared the ban illegal and therefore void. For a period of almost 2 years ALL motorcycles where allowed unrestricted access to ALL tollways in the Philippines. Most people, including drivers, hardly noticed the motorcycles and some never even knew the motorcycles were using the tollways. There was no significant difference in the number of vehicles or in the length of queues. If the OSG does not know this then it is hard to comprehend how they can advise when they do not know even the most basic facts and that for two years their argument was already proven completely invalid.

It does not take much intelligence to see that a motorcycle uses far less road space and causes far less wear and tear on the roads than any other vehicle. As so many governments have proved, promoting and encouraging motorcycle use has significant benefits in reducing congestion, reducing pollution and freeing up parking spaces. Some modern cities even supply parking for motorcycles with free security chains to encourage motorcycle use. Encouraging the use of motorcycles to reduce congestion is recognized world wide.

Are we are being asked to believe that doing the exact opposite will relieve congestion in the Philippines?

Every driver in the Philippines who has used SLEX or NLEX will confirm that buses, trucks, jeepneys and commercial vehicles are by far the greatest cause of congestion, especially when they stay in the passing lane forcing other vehicles to weave left and right to get past slow moving, often dilapidated wrecks in every lane. The PNCC seem to be incapable of enforcing the existing rules by stopping this practice and continues to allow access to dilapidated wrecks, often with illegal or no lights. Addressing this problem may help reduce the congestion and the frustration of drivers far more than banning motorcycles ever could.

The OSG, TRB, DPWH, and the PNCC have yet to come up with a single sensible valid reason for the ban so why should this class of vehicles be discriminated against? Why not other classes of vehicles? such as those which use more fuel (e.g., large-displacement cars) or those which pollute the most (e.g., diesel vehicles), etc?

Their ignorance is the joke of millions of motorcyclists all over the world.

Republic Act 2000 makes it clear that buses trucks and commercial vehicles may be excluded or otherwise all forms of conventional transport allowed. Macapagal Highway seems to be implementing RA200. The road has no congestion, traffic moves very quickly and smoothly and motorcycles use it freely. It would seem that even within the same city it is proven that banning buses and trucks is effective while banning motorcycles achieves nothing other than increasing the danger for motorcyclists and increasing congestion on tollways because many motorcyclists are forced to use their cars instead of their motorcycles.

Maybe the TRB should follow the example of some other countries and simply allow motorcycles to use the freeways free of charge. In some countries there is a narrow toll booth lane for motorcycle to pass through without charge. This would indeed be a service to the country as it would help encourage motorcycle use and reduce congestion significantly.

OSG
The more important justification for the ban is the safety of use by four-or-more than-four-wheel vehicles as intended users of the tollways. Admittedly, the safety of use, good traffic flow and overall safe operation of the expressways are concerns of the government, as implemented by the different toll operators granted the Toll Operation Certificates by the TRB.

Answer:
Again the authorities cite "intended use". They have yet to establish this, and even if they do, the intent is still illegal and therefore void. As mentioned above the roads were designed and intended for all vehicles because there was no motorcycle ban when they were designed. As proved conclusively by many reports and research done all over the world, the safest roads for motorcycles are freeways.

Are we to understand that the lives of people in the Philippines who are riding buses, trucks, jeepneys and cars etc have value but those riding motorcycles have no value. The government has a responsibility to promote safety on ALL roads. It seems we are being asked to agree that as long as we don't allow motorcycles on the tollways because there may be an occasional accident it is OK for them to be forced into a situation where accidents are over 100 times more likely on the chaotic side streets.

International studies in Asia, the USA and Europe have shown non-freeway roads to be as much as 147 times more dangerous than freeways and this does not even take into account the fact that Philippines service roads and many alternative routes are the most chaotic, lawless and dangerous in the country. Certainly far more dangerous than the non-freeway roads in the research countries.

If we are to consider human life and safety there is not the slightest doubt that motorcycles should be allowed immediate access to tollways. It is our understanding that this is the basis for the boycott on Philippines tourism by almost one million riders all around the world because they see that motorcyclists in the Philippines are being put in serious danger by the ignorance of the Philippine government.

During the two year period while motorcycles where allowed unrestricted access to the tollways there were 2 accidents on tollways involving motorcycles. Both were caused by trucks. One was caused by a truck stopped or stopping in the passing lane of SLEX at night with no warning lights. The second, also at night, was caused by a truck wheel laying in the middle of the road on SLEX. Two motorcycles and two cars were seriously damaged. The results of these accidents would have been just the same had the riders been driving cars. During the same two year period there were a large number of deaths and serious accidents on the same road involving trucks and buses.

OSG:
While the minimum speed limit is 60kph the majority of tollroad users travel in the 80kph speed range. Hence there is pressure on the vehicles traveling at the minimum speed limit of 60kph. As experienced on many occasions, the faster vehicle will 'tail-gate' the slower vehicle or the faster vehicle is forced to travel on the shoulder (emergency lane) because of the slower vehicle.

Answer:
What is the issue here? This applies to all vehicles regardless of type. What's their point? They may set higher minimum speeds if they want to but set it for all vehicles and enforce it. If they are saying it is OK for vehicles to travel at 60kph but they are difficult to overtake then very obviously a motorcycle traveling at 60kph or 80kph would be very much easier to overtake than a slow bus or truck.

Passing on the hard shoulder is known to be one of the most common causes of accidents on the tollways. Is the ASG suggesting it is OK to pass on the hard shoulder and saying that a motorcycle lane would be safe? Obviously any motorcycle lane would be used illegally to overtake by the same vehicles that use the hard shoulder and would only serve to increase the danger significantly.

OSG
While small motorcycles/bikes may have the engine capacity to reach 100kph this speed would be the upper range of the engine displacement. It is the view of some experienced motorcyclists that the acceleration capability of small motorcycles at speed ranges of 70/100kph is not good, thus compromising the safety the small bike riders in overtaking a slower vehicle traveling at the minimum speed of 60kph. This acceleration capability is further impaired if the small bike has two riders.

Answer
It is hard to understand the logic behind this argument. Even the smallest motorcycle can accelerate faster than jeepneys, trucks, loaded buses, owner jeepneys, etc that are all allowed access but why would the motorcycles need powerful acceleration, faster than almost all other vehicles when they are on roads where all traffic is moving at a fairly constant speed with very little speed difference? If this argument has some valid logic then all buses, trucks, jeepneys, owner jeepneys and a good percentage of the cars should be banned from tollways because they all accelerate slower than small motorcycles.  This proves the point that experience does not necessarily equate to skill, knowledge or even common sense.

The illegal DO123 banning bikes below 400cc was implemented on the advice of former PNCC chairman Luis Sison. It was not based on any facts or research whatever. He said that “People who ride bikes of less than 500cc are poor and uneducated”. He was argued down to 400cc but this is the logic behind the illegal 400cc limit. If this logic is valid then every bus, truck, commercial vehicle, jeepney, owner jeepney and maybe half the cars on the tollways should be banned because the drivers could not afford to buy a bike over 400cc.

The unknown and un-named "experienced motorcyclists" obviously have little or no experience of small bikes. If the government wants advice from expert motorcyclists they should not be taking advice from unknown and unverified sources but should approach the recognized authorities on the subject such as the following: The Motorcycle Advocates of the Philippines - an organization dedicated to the education and safety of motorcyclists, The Motorcycle Riders Course - a riding school for beginners to advanced run by the only MSF (Motorcycle Safety Foundation of the USA) qualified instructor in Asia. The Philippine Scooter Federation - An 8,000 member organization of small bike owners and the Motorcycle Philippines Federation that includes all the above plus the manufacturers and dealers associations.

During the two years of unrestricted access to the tollways for motorcycles there was not one single accident or even incident reported involving a small bike on the freeways. This again shows that the ASG simply does not know the most basic simple facts and is basing all arguments on myths and ignorance.

OSG
On this score, the Traffic Management Group - Land Transport Office (TMG-LTO) Accident Statistics presented by the petitioners showing low motorcycle accident rates on a national basis, cannot be considered conclusive, because of the following reasons: (a) the accident effects only the motorcycle rider; (b) the motorcycle rider was not properly licensed and therefore agreed to a compromise arrangement with the third party; or (c) the motorcycle rider has no intention of making an insurance claim, which is also the reason why many other motor vehicle accidents are not reported.

Answer:
The statistics compare the different vehicles and above arguments apply to all vehicle types so it is hard to understand why the OSG believes the study to be inconclusive regarding motorcycles. The OSG has consistently throughout this paper proved he has no understanding whatever of the subject. Are we now being asked to accept that the OSG is the "expert" while the professionals, the PNP-Traffic Management Group and the Land Transportation Office are incompetent and inexperienced?

OSG
Additionally, as observed, motorcycles, specifically small bike riders, normally weave in and out, insert themselves between vehicles as aggressively as can be and without respecting other vehicles. Such behavior as commonly observed may lead to untoward incidents and pose great danger to other motorists, which we stress are the intended users of expressways.

Answer
The only reason why motorcycles weave through slow traffic in the Philippines is because the "traffic" is such a lawless mess. In most countries almost all vehicles stay in the center of the correct lane allowing motorcycles to freely pass between them. It the Philippines the basic rule of the road is "Cause obstruction to all other vehicles at all times". At any point where traffic is slow and heavy the vehicles are a hopeless mess all trying to block each other or counter-flowing and splitting lanes to jump queues. It is this horrible mess that causes the motorcyclists to weave where they would other wise just cruise on by.

The OSG's comments here seem to again show complete ignorance of simple facts that anyone who drives in the Philippines would know. Any driver in the Philippines knows full well that the jeepneys and buses are far more likely to swerve in front of other vehicles and are far more likely to cause accidents. A bike weaving through stationary or very slow traffic is causing no harm or danger to anyone. If he was doing it dangerously he would not live long and the statistics would be very different. The facts and statistics show that a very tiny minority of accidents are caused by motorcycles while the great majority are caused by buses and trucks. Even accidents involving motorcycles are almost allways (over 80%) caused by the other vehicle

If the OSG asked their "Experienced motorcyclists" they would know that virtually all groups of motorcyclists ride in staggered formation on fast roads and riders of smaller bikes tend to keep to one side where unlike the slow moving trucks and jeepneys they cause virtually no obstruction at all to faster traffic. A faster vehicle can pass a slower moving motorcycle much more easily than he can pass a slow truck or a jeepney.

It is actually very rare to see a slow moving motorcycle being overtaken on freeways because, judging by the two years unrestricted access for motorcycles, it was very obvious that the great majority of motorcycles using the tollways were in fact capable of much higher speeds than almost any four or more than four wheeled vehicle on the freeway.

OSG
On this score this Honorable Court may take judicial cognizance of the fact that the driving habits of Filipino drivers, specifically motorcycle drivers, are rather unique. The Filipino character of wanting to be ahead all the time has seriously impaired driving habits. This is observed in local roads as well as in the expressways whereby drivers use any available space to get ahead, even the emergency shoulders. On the expressways, four-or-more-than-four-wheeled vehicles tend to line up properly when approaching and close to toll booths. but the same cannot be expected of motorcycle riders who can easily maneuver in between vehicles.

Answer
This is simply ridiculous. Following this logic, all Filipinos should be banned from the tollways.
All violators should be penalized, regardless of the vehicle type. Assuming this problem exists, this is a law-enforcement problem and an LTO problem (i.e., how did these people who can't follow traffic regulations get licenses in the first place?).

As noted above. It is obvious to any driver that the jeepneys and buses are the worst offenders but it is so common people don't even notice anymore. Motorcycles tend to weave through traffic when it is stationary or moving very slowly. Even on non-freeway roads this practice is extremely rare on faster roads. The motorcyclists do not do it on freeways for the same reason they don't do it on fast roads, because it is not safe. In their ignorance the OSG assume that little bikes that weave through stationary or slow moving traffic in town would do it on fast roads and tollways.

The fact is that if any motorcycles do this at all on the freeways it is much more likely to be the big bikes that are capable of speeds of up to 200 – 300kph where they would do the same as every other vehicle on the freeways traveling over about 60kph to 80kph. They would be weaving because there is slow moving traffic ignoring the passing lane signs and causing obstruction in every lane while the PNCC patrols seem unable to do anything about it.

If motorcyclists are not properly queuing or are passing queuing traffic dangerously then it is the responsibility of the tollway staff to take appropriate action. It does not make sense to ban an entire class of vehicles because the tollway operators are incapable of enforcing the rules. As a TRB chairman once said. "It looks like the only reason the tollway operators want to ban motorcycles is because its easier than doing their job properly"

OSG
Considering the matter is now pending before the Supreme Court for adjudication, it is our view that in the meantime, your office should maintain the status quo and enforce the motorcycle ban in all the expressways/tollways nationwide. However, should there be any specific or special occasion requiring the use of said expressways/tollways by any motorcycle group, it is suggested that prior request therefore must be coursed to the Department of Transportation and Communications through your office.

Note: "your office" here refers to the Office of the President of the Philippines who has asked various government departments to comment on a letter I sent to the President of the Philippines. It would seem to me that the OSG's reply is nothing more than an insult to the intelligence of the President and her staff.

Answer:
The case in the Supreme Court is based on the legality of the DPWH, TRB or PNCC being able to override the LTO by deciding who is allowed to use the public highways. The petitioners claim that RA200 is being ignored, or worse, distorted to suit the TRB arguments. The case does not in anyway address the serious safety issues faced by motorcyclists or the damage being done to Philippines tourism and to the image of the government.

Maintaining the status quo and asking the DPWH for assistance is simply supporting their ignorance and supporting the dangerous and completely unjustified ban that is of no benefit whatever to anyone except perhaps those who put themselves above the law and want to play God with peoples lives at the expense of the country. Motorcycles are currently about 39% of the vehicles on the country’s roads. Such a large number of people should be considered seriously, not treated as second class citizens whose lives are expendable.

This looks like an opportunity for the new administration to show the world that the Philippines government can do the right and sensible thing by taking the advice of experts rather than those who have proved they know nothing of the subject and are basing their decisions on nothing more than myths and ignorance.