LTFRB-7 Director Ahmed Cuizon (CDN PHOTO/JUNJIE MENDOZA).
UNTIL now, it is still not clear which agency should exercise jurisdiction in regulating the existence of motorcycles-for-hire or “habal-habal” drivers in Cebu City.
During yesterday’s public hearing on a proposed city ordinance allowing the city to issue local regulatory franchise to operators of habal-habal motorcycles and tricycles, it was found out that habal-habal is still not recognized as a legitimate public transport as far as the Land Transportation Franchising and Regulatory Board (LTFRB) is concerned.
Speaking during the public hearing, LTFRB 7 director Ahmed Cuizon explained that two or three-wheeled vehicles are not under their jurisdiction.
“The different types of public transport over which the LTFRB has franchising jurisdiction are limited to minimum four-wheel motorized vehicles pertaining to categories with existing guidelines approved by the Department of Transportation (DOTr),” he said.
These categories include trucks for hire, buses, taxis, tourist transport services, GT express, shuttle services and public utility jeepneys.
Cuizon added that this is mandated under Executive Order 202, which created the LTFRB, signed by former president Corazon Aquino.
He pointed out that while habal-habal drivers are technically still illegal, it is already being patronized by the people and are very helpful especially in the mountain barangays where there is no public transport.
This is why he said there is already a “compelling” need for the city to ensure the safety and protection of those who use this mode of transportation. At the same time, fare rates should be uniformed and operators should be required to make sure that their vehicles are well maintained.
All these will be addressed if the ordinance is passed, he said.
But Councilor Raymond Garcia, a lawyer and head of the council’s committee on laws, said that the same decision cannot be used by the city to justify granting them the authority to also supervise habal-habal drivers.
“It is specific in granting only authority to franchise three-wheeled or tricycles for hire. It doesn’t mention about two-wheeled vehicles. But if you try to extend it to make it seem like it can franchise also two-wheeled vehicles, in my opinion, it’s like the local ordinance is trying to supersede a national provision,” he pointed out.
Because of this, Cuizon suggested to the council to get an opinion from the DOTr and the LTO regarding the proposal. No representatives from both agencies were present during yesterday’s public hearing.