Question & AnswerQ&A (DOTC DEPARTMENT ORDER NO. 2007-38)
The main purpose of DOTC Department Order No. 2007-38 is to govern and regulate the use of limited access facilities (expressways) by motorcycles, including setting conditions for their operation on such highways.
Only motorcycles with an engine displacement of at least 400 cubic centimeters (cc) are allowed to operate within limited access facilities.
Section 3 of Republic Act No. 2000, the Limited Access Highway Act, authorizes the DOTC to plan, designate, establish, regulate, and provide limited access facilities for public use.
Motorcycles must comply with all provisions of R.A. 4136 (The Land Transportation and Traffic Code), including roadworthiness, safety standards, and licensing requirements.
Motorcycles must follow speed limits, avoid lane-splitting and overtaking between lanes, use lanes normally used by other vehicles, travel with headlights on, ensure tail and turn signal lights are operational, carry only accepted saddlebags or luggage carriers, have only one back rider with a helmet, and provide a seat and footrest for the back rider.
Motorcycles must have current and valid registration, and operators must possess a valid driver's license, which must be presented upon request by competent authorities.
Motorcycle operators shall pay a toll rate prescribed for Class 1 vehicles.
Violations are punishable under Section 10 of Republic Act No. 2000 (Limited Access Highway Act), which could include fines or other legal sanctions.
The Department Order takes effect fifteen (15) days after its publication in a newspaper of general circulation.
Motorcycles are not allowed to load cargo except for normally accepted saddlebags and luggage carriers specifically designed for motorcycles.