GARGANERA
Two Cebu City councilors are asking the Land Transportation Office (LTO) and the Department of Transportation and Communications (DOTC) about their stand on the proposed ordinance regulating “habal-habal” motorcycles in the city streets.
The Committee on Laws, Ordinances and Styling headed by Councilor Raymond Alvin Garcia and the Committee on Environment, Energy, Transportation, Communication and other utilities chaired by Councilor Joel Garganera requested the LTO and the DOTC to give some clarifications on the ordinance to avoid confusion between local and national directives.
In an approved committee report, Garcia said the recommendations of these transportation agencies are needed to ensure that such regulation will not supersede national laws.
Garcia said it is better to address the concern to LTO and DOTC to better understand the regulation.
This was after the proposal used a Supreme Court’s decision as a legal basis.
In the court’s decision on the LTO vs. City of Butuan in January 20, 2000, the court has granted the local government unit to give local regulatory franchise to tricycles-for-hire operating in the city.
Garcia emphasized in the report that the decision made by the court only involves tricycles and cannot be applied to two-wheeled motorcycles.
Councilor Garganera, for his part, said the proposal should still observe the safety requirements of operating “habal-habal” and “trisikad” as well.
It was also recommended that the coverage of its operation and the number of issued local regulatory franchise should be limited.
Garganera acknowledged the construction of a “habal-habal” terminal to avoid indiscriminately loading and unloading passengers at the roadsides of the city’s streets.
He also mentioned that the local franchise be renewed every year and that violating would mean suspension and revocation of franchise.
He also urged the proponent, City Councilor Pastor Alcover Jr., to consider the committee’s comments and suggestions.
Even with the recommendations stated in the report, the committee headed by Garganera still emphasized that if any national law will be superseded by the draft ordinance, the operation of the “habal-habal” will then be prohibited.
The council has scheduled a public hearing on November 29 to hear the sentiments of all concerned stakeholders.