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.

Legal basis and prior rules cited

  • The Order is anchored on Section 3 of Republic Act No. 2000, also known as the Limited Access Highway Act, which authorizes the DOTC to plan, designate, establish, regulate, vacate, alter, improve, and provide limited access facilities for public use wherever traffic conditions justify them.
  • The Order invokes Section 3(h) of Administrative Order No. 1 (dated 19 February 1968), which makes it unlawful to drive bicycle, tricycle, pedicab, motorcycle, or any vehicle not motorized to operate or traverse limited access highways.
  • The Order confirms DOTC Department Order No. 2007-015 (dated 23 March 2007), which designated and declared all expressways as Limited Access Facilities.
  • The Order directs enforcement through the penalties framework of Section 10 of Republic Act No. 2000 (Limited Access Highway Act).
  • The Order requires compliance with Republic Act No. 4136, also known as the Land Transportation and Traffic Code of the Philippines.

Policy and purpose statement

  • The Order establishes rules that allow motorcycle operation within limited access facilities (expressways) under specific conditions.
  • The Order treats motorcycle access as subject to traffic-safety design features typical of limited access facilities, including through-traffic design and absence of certain risk points.
  • The Order is issued to regulate and enforce authorized use of expressways by motorcycles through defined standards and restrictions.

Definition and scope of “limited access facilities”

  • The Order treats expressways as Limited Access Facilities under DOTC Department Order No. 2007-015 (dated 23 March 2007).
  • A Limited Access Facility is defined as a highway or street especially designed for through traffic, where owners or occupants of abutting land and other persons have no right of easement or only a limited right or easement of access, light, air or view due to the property’s adjacency or other reasons.
  • Motorcycle operation is permitted within these limited access facilities only under the Order’s conditions.

Who may use and where motorcycles may operate

  • Only motorcycles with an engine displacement of at least 400 cubic centimeters (cc) may be allowed to operate within limited access facilities.
  • Motorcycles must comply with all applicable requirements of Republic Act No. 4136 for roadworthiness, safety standards, and licensing.
  • Motorcycles must follow the additional safety and operational restrictions set out in this Order while traveling on limited access facilities.
  • Motorcycle operators must carry and show required documents to competent authority upon request.
  • Motorcycle toll payment must be made using the applicable class of toll rate while using limited access facilities.

Minimum compliance standards under RA 4136

  • Motorcycles must comply with Republic Act No. 4136 provisions, including:
    • Roadworthiness requirements;
    • Safety Standards issued by the competent authority(ies);
    • Licensing Requirements.

Required safety measures on expressways

  • Motorcycles must follow the speed limits prescribed by the law and/or by the tollway operators.
  • Motorcycles must not lane-split and must not overtake in between lanes.
  • Motorcycles must use the lanes normally used by other vehicles in accordance with safe motoring and practice.
  • Motorcycles must travel with their headlights on at all times to enhance visibility to lawful users of the toll road(s) and limited access highway.
  • Motorcycles must ensure that tail lights and turn signal lights are operational at all times.
  • Motorcycles must not be allowed to load cargo, except:
    • Normally accepted saddlebags, and
    • Luggage carriers specifically designed for the motorcycles.
  • The motorcycle operator is allowed one (1) back rider.
  • The motorcycle operator and the lone back rider must each use a protecting motorcycle helmet.
  • The lone back rider must be provided with a seat and footrest in the motorcycle.

Licensing, registration, and document presentation

  • Motorcycles must be covered by a current and valid registration.
  • The motorcycle operator must be a holder of a valid license.
  • The operator must be able to show the license at any time to the competent authority upon request.

Toll payment rule

  • Motorcycle operators must pay the toll rate prescribed for Class 1 vehicles.
  • Motorcycle operators are encouraged to use electronic toll collection equipment such as E-Pass (EC-Tag) whenever it is available.

Penalties and enforcement consequences

  • Violations of any provision of the Order are punishable under Section 10 of Republic Act No. 2000 (Limited Access Highway Act).

Repealing and transitory clauses

  • All orders, rules and regulations, and other issuances or parts thereof that are inconsistent with DOTC Department Order No. 2007-38 are repealed, amended, or modified accordingly.

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