Dear PAO,
I have been a delivery rider for almost six months now. I use an e-motorcycle in my deliveries for practical reason since I am not required to register the vehicle. My problem started when a traffic enforcer flagged me down for an alleged traffic violation. The incident happened on a public highway, and he asked for my e-motorcycle’s registration. I told the enforcer that e-motorcycles are not required to be registered, but he claimed that all vehicles using public highways are required to be registered. The enforcer even impounded my e-motorcycle when I failed to present registration documents. Is the impounding of my e-motorcycle proper under the circumstances?
Travis
Dear Travis,
In general, all motor vehicles must be registered. This is in consonance with Section 5 (a), Article 1 of Republic Act (RA) 4136, or the Land Transportation and Traffic Code, which provides that:
“No motor vehicle shall be used or operated on or upon any public highway of the Philippines unless the same is properly registered for the current year in accordance with the provisions of this Act.”
An e-motorcycle is classified as Category L3 under Section 2 (2.9) of the Land Transportation Office (LTO) Administrative Order 2021-039 (May 11, 2021), as amended. It is defined by the said issuance as a “two wheeled vehicle, powered solely by electrical energy capable of propelling the unit more than 50 km/hr.” (Section 2 (3.7)) The operation of Category L3 electric vehicle or e-motorcycle is allowed in all types of roads except in limited access highways where vehicle speeds are normally faster except for units with higher power ratings the minimum of which will be determined by the Department of Transportation. All drivers and riders are required to wear duly approved motorcycle helmets and should have a valid motorcycle driving license. Category 3 vehicles may be used for public transport subject to existing laws and regulations. (Section 3 (3.7).
On Feb. 21, 2024, LTO Administrative Order VDM-2024-044 was enacted, amending LTO Administrative Order 2021-039. Under Section 3 of said rules, all types of electric vehicles operating in public highways must be registered:
“All electric vehicles used and operated in public highways must be registered.
“(a) No motor vehicle shall be used or operated on or upon public highways of the Philippines unless the same is properly registered for the current year in accordance with the provisions of RA 4136 and this Administrative Order;
“(b) All electric vehicles which shall be used only in private roads shall not be required to register with LTO.”
Under Section 5 (b) thereof, “Light electric vehicles used in public highways as defined in this administrative order and under RA 4136, shall be required to be registered with the LTO and the driver must be a bearer of a valid driver’s license.” Section 5 (d) then adds that: “All electric vehicles, as defined in this Administrative Order, that are not registered or are not required to be registered with the LTO but are found to be used and operated in public highways shall be impounded.”
Applying the aforecited provisions of LTO Administrative Order VDM-2024-044 in your situation, Category L3 electric vehicles or e-motorcycles are exempted from registration when the same are operated only in private roads. If it will be used or operated in public highways, then the vehicle must be registered with the LTO, and the driver must also be a holder of a driver’s license. Without the appropriate LTO registration, the operation of an e-motorcycle in public roads is a clear violation of the rule, which may result in impounding of the e-motorcycle. Hence, the impounding of your unregistered e-motorcycle has legal basis.
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]
