E-bikes, e-trikes using major roads to be impounded

The Land Transportation Office (LTO) has begun apprehending and impounding unregistered electric bicycles and electric tricycles using national roads starting last Dec. 1.

Based on Section 5A of the Land Transportation Traffic Code (Republic Act 4136), all motor vehicles using public roads must be registered with LTO. Electric vehicles, including battery-powered e-bikes, hybrid plug-ins and light electric vehicles (LEVs), are considered motor vehicles under the law’s definition.

Starting Dec. 1, e-bikes and e-trikes found on national highways are being impounded. Those caught on secondary roads will be given warnings and information on proper routes.

LTO chief Markus Lacanilao said, “If you run on a secondary road, you will be informed that it is prohibited to run on a secondary road. But those who run on national highways will be impounded.”

Asec Lacanilao stressed that registration is essential for public safety, accountability and roadworthiness. Registered vehicles allow authorities to verify ownership, establish liability in accidents and monitor operator behavior.

He added, “Unless expressly repealed or declared inconsistent with law, this IRR remains valid and enforceable. The LTO’s position that all motor vehicles operating in public highways is also backed up by the legal foundation that is grounded in its mandate under Section 5A of the Land Transportation Traffic Code, or RA 4136, which states that no motor vehicle shall be used or operated on or upon any public highways of the Philippines unless the same is properly registered,”.

“Considering that, at present, e-bikes and e-trikes are not registered with the LTO, there is no way that the government will be able to enforce accountability in case of mishaps or accidents or even crimes committed using these vehicles,” he said.

Senators have shown support to LTO. Department of Transportation budget sponsor Sen. JV Ejercito confirmed that authorities will apprehend unregistered e-trikes starting Dec. 1, while Sen. Raffy Tulfo advised operators to avoid major roads.

Tulfo added that e-trike and e-bike drivers are neither registered with the LTO nor required to hold a license or insurance.

Tulfo expressed concern over the increasing number of e-bikes passing through major thoroughfares, which results in frequent involvement in road accidents.

E-bikes are often used for public transport as a means of livelihood and more often driven along main roads – posing hazards and endangering lives of e-bike drivers, their passengers and other motorists.

Meanwhile, Bicol Saro party-list Rep. Terry Ridon said there is absolutely no legal basis for LTO to impound LEVs, such as e-bikes and e-trikes, which are intended exclusively for private use.

“The LTO will most certainly assert that basis for impounding is Section 73 of DOTC-LTO Memorandum Circular 89-105, which mandates the impounding of unregistered vehicles,” said Ridon, member of the House committee on transportation.

“The Electric Vehicle Industry Development Act (EVIDA Law) clearly provides that LEVs intended for exclusive private use are not required to register with DOTr and its attached agencies, including LTO. In other words, LTO cannot use DOTC-LTO Memorandum Circular 89-105 as basis for impounding privately used LEVs, because these vehicles are not required to be registered with LTO,” he said.

“A memorandum circular cannot override a later, specific national law,” Ridon added.

“EVIDA mandates the creation of segregated lanes for LEVs, or their integration into bicycle lanes, along such routes,” he said.

Ridon however said for-hire LEVs should be registered with DOTr, its attached agencies and the local governments where these LEVs seek to operate.