Title
Rules on Motorcycle Use of Expressways
Law
Dotc Department Order No. 2007-38
Decision Date
Oct 4, 2007
Motorcycles with a minimum engine displacement of 400cc are permitted to operate on limited access facilities, such as expressways, under strict safety and compliance regulations set by the Department of Transportation and Communications.

Law Summary

Legal Basis for Limited Access Facilities

  • Republic Act No. 2000 empowers DOTC to plan, designate, and regulate limited access highways.
  • Limited access highways are designed to manage traffic flow by restricting access points.

Prohibition Prior to the Order

  • Administrative Order No. 1 (1968) prohibited operation of bicycles, tricycles, motorcycles, and non-motorized vehicles on limited access highways.

Definition of Limited Access Facilities

  • Per DOTC Department Order No. 2007-015, expressways are defined as highways designed for through-traffic with limited rights of access for adjacent landowners.

Conditions Allowing Motorcycle Use in Limited Access Facilities

  • Motorcycles may be allowed in limited access facilities under specific conditions due to the absence of intersections, pedestrian crossings, and loading zones.

Engine Displacement Requirement

  • Only motorcycles with engine displacement of at least 400 cc are authorized to enter and operate in limited access highways.

Compliance with Republic Act No. 4136 (Land Transportation and Traffic Code)

  • Motorcycles must be roadworthy and meet safety standards established by competent authorities.
  • Operators must comply with licensing requirements.

Safety Measures for Motorcycles

  • Adherence to prescribed speed limits.
  • Prohibition of lane-splitting and overtaking between lanes.
  • Use of standard vehicle lanes.
  • Mandatory use of headlights at all times for visibility.
  • Operational tail lights and turn signals required.
  • No cargo loading except approved saddlebags and luggage carriers.
  • Only one back rider allowed per motorcycle.
  • Both rider and back rider must wear protective helmets.
  • Back rider must be provided with a seat and footrest.

Licensing and Registration Requirements

  • Motorcycles must have current, valid registration.
  • Operators must possess a valid driver’s license and present it upon request by authorities.

Toll Rates and Payment

  • Motorcycle operators shall pay toll rates designated for Class 1 vehicles.
  • Use of electronic toll collection systems such as E-Pass or EC-Tag is encouraged.

Penalties for Violations

  • Non-compliance subject to penalties under Section 10 of Republic Act No. 2000 (Limited Access Highway Act).

Repealing Clause

  • All inconsistent orders, rules, and regulations are repealed, amended, or modified accordingly.

Effectivity of the Order

  • The order takes effect fifteen (15) days after publication in a newspaper of general circulation.

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