The Current Situation: Early 2004

The judge who handled all the hearings and ruled in our favor declaring the ban illegal and void retired and was replaced by a judge who happens to be a school friend of the PNCC/DPWH legal council.  This judge ruled that we had not proven the ban to be illegal, wiping out all previous hearings and decisions. She declared the total ban legal and DO123 (the ban on bikes unders 400cc) illegal.

This means that the PNCC can stop you from entering the tollways and force you to take the routes that are as much as 150 times more dangerous.  The case has now gone to the supreme court.

We have congressmen and other leading figures assisting in the fight to stop this callous disregard for human life and safety while about one million riders around the world continue to boycott tourism to the Philippines until the life threatening ban is ended.

The PNCC are currently implementing DO123 and allowing bikes of 400cc and above to use the tollways but be carefull. Riders have been apprehended because they "seemed to be speeding" and riders have been issued entry tickets then apprehended along the road and their licenses taken.

For those who are interested. The arguments they have put forward go something like this:

PNCC/DPWH/TRB:  We are supposed to regulate traffic therefore we can ban anyone we please

Our comment: If this is true then every traffic enforcement group in the country can put themselves above the LTO and ban any type of vehicle they please from any road they please whenever they like.  Welcome to chaos land.

PNCC Chairman when asked why he introduced the engine size limit: People who can't afford to ride bikes of less than 500cc are poor and uneducated.

Our comment: apart from the fact that many well off  people choose to ride smaller bikes, education and financial wealth have nothing to do with who should use the roads (as long as they can pass the driving test).  Even if this ridiculous argument was valid it would mean  that all buses, all trucks, all commercial vehicles, all jeepneys, all owner jeepneys and all cars driven by paid drivers should not be allowed on the tollways because non of them could afford a 500cc bike!

Recent argument put forward for the courts: Motorcycles with engines less than 400cc cannot accelerate fast enough between 60 and 100kph.

Out comment: Why would you want to accelerate fast from 60 to 100kph on the freeway? If there is some reason why you should be able to accelerate fast between 60 and 100kph then again all buses, all trucks, all commercial vehicles, all jeepneys, all owner jeepneys and about 50% of the cars should not be allowed on the tollways because their acceration between 60 and 100kph is slower than even a 120cc bike.

Those who want bikes banned from tollways continually show their complete ignorance of the subject.  Why are these people given any authority at all? They should never be allowed to make decisions regarding vehicle use on the tollways.

The following was the Anti-Apprehension Kit for Riders Using the Tollways during the two years that the writ of preliminary injunction was in force

D.O. #123 does not supersede the Writ of Preliminary Injunction until the courts say so. Therefore, ALL BIKES of ANY SIZE are still legally allowed on the tollways and anyone who prevents you is in contempt of court. This is supported by the LTO resolution (see below)

The petitioners in the ongoing court case will seek to overturn D.O. #123 once this is introduced by the respondents in an effort to nullify the Writ.

Motorcyclists apprehended on the tollways have the option to file contempt of court charges against PNCC officials using their own lawyers. Or they may hire our recommended lawyer: Atty. Michael Ureta at 751-8744 or 893-2456.

Two PNCC officers are already in prison for thirty days for contemp of court because they stopped motorcylists from using the tollways. There are likely to be more in the near future.

You do NOT need a PNCC sticker to use the tollways. The stickers are being issued by the PNCC to help them enforce their rules. The Chairman of the PNCC insisted that the registration and use of the stickers is completely voluntary. (but why would you pay 150 pesos to help them enforce a rule that forces your friends onto dangerous routes?) It is highly unlikely that any tollway officer would dare to give you a ticket for not using a sticker so insist that you do NOT need one.

The apprehension Certificate below is to help avoid more tollways staff being imprisoned for following the orders of their superiors. If they fill in and sign the form it is their superiors that will have to answer to the court.

The ongoing court cases to ensure riders get the freedom of the roads are costly and donations to the cause are always welcome. For information, contact Carlo Solatorio at 0917-8205354.

The following files should be downloaded and printed out so you can take them with you when you ride the tollways. You may like to share some of the the above with anyone who tries to stop you using the tollways.

A recent LTO resolution rejecting a PNCC ticket for entering the tollway
Writ of Preliminary Injunction
TRB letter to the PNCC dated 17 July 2001
LTO Resolution dated 15 August 2001
Apprehension Certificate (Word file) or see below for text you can copy and paste.
DPWH D.O. #123, Series of 2001
The Complete Court Order  Page 1   Page 2   Page 3   Page 4   Page 5

CERTIFICATION

I, ___________________________, hereby certify the following:

1. That I am an authorized traffic enforcement officer assigned to patrol the
____________________________________ Toll Road.

2. That I have apprehended ______________________ for operating a motorcycle on the above named tollway as evidenced by Traffic Violation Receipt #__________________.

3. That I have been made aware of the Writ of Preliminary Injunction issued on July 16, 2001 by Judge Teofilo Guadiz, Jr. of Makati Regional Trial Court, Branch 147 in Civil Case No. 01-034 which directs the Department of Public Works and Highways, the Toll Regulatory Board, and any of their attorneys, representatives, agents, or any other persons assisting them to refrain from the unlawful and arbitrary ‡ and total and absolute ‡ ban on motorcycles‰ on the SLEX and other toll roads.

4. That I am acting on the instructions given to me by my superiors, namely __________________________________, to not allow any motorcycles below 400cc to operate inside the above named tollway and to apprehend any motorcyclists using motorcycles of less than 400cc who attempt to use it.

5. That said instructions were given to me after July 16, 2001.

Certified by:
Name : ____________________________

ID # : ____________________________

Date : ____________________________