EXCERPTED FROM THE MINUTES OF THE SPECIAL SESSION OF THE SANGGUNIANG BAYAN OF BURGOS, ILOCOS SUR HELD ON DECEMBER 14, 2020.
MUNICIPAL ORDINANCE NO.21 s. 2020
APPROVING THE USE OF THE NATIONAL ROAD AT BURGOS, ILOCOS SUR AS TEMPORARY ROUTE FOR TRICYCLES, PEDICABS AND MOTORIZED PEDICABS AND CREATING A TRICYCLE TASK FORCE FOR THIS PURPOSE
Sponsored by: Hon.Roy A. Samuel
Co-sponsors: Hon. Lester O. Fabrigas, Hon. Rodolfo V. Tamayo
Be it Ordained that:
SECTION I. RATIONALE- Burgos, Ilocos Sur is one of the upland towns of Ilocos Sur. Its secondary national road from bgy. Mambug to Luna is the general means for all types of vehicles to transport people in their destinations to and from this municipality.
DILG MC 2020-036 VI. Says:”Pursuant to existing laws and issuances the Tricycle Route Plan (TRP) shall be made integral of the proposed ordinance to be considered by the Sanggunaing Bayan the portions of national highways to be used in the interim (temporary) by tricycles, pedicabs and motorized pedicabs.”
To date, there is no alternate route for tricycles, pedicabs, and motorized pedicabs at Burgos, Ilocos Sur. Likewise, the secondary national road at Burgos, Ilocos Sur provides no specific route portions for tricycles and pedicabs.
Section 16 of RA 7160 implies that: “Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced escology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants.”
SECTION II. DEFINITION OF TERMS
- Motorized Pedicab – originally, a pedicab but is mounted with a converted motorized engine operated to render transport services to the general public for a fee.
- Pedicab – a non-motorized vehicle composed of a bicycle fitted with a single-wheel side car or bicycle with a two-wheel sidecar operated to render transport services to the general public for a fee.
- Tricycle – a motor vehicle composed of a motorcycle fitted with a single-wheel side car or a motorcycle with a two-wheel cab, which includes electric tricycles or e-trike, operated to render transport services to the general public.
SECTION III. TEMPORARY USE OF THE NATIONAL ROAD – in the absence of an alternate route, the temporary use of the national road at Burgos, Ilocos Sur for tricycles and pedicabs shall be allowed provided that, the following rules shall be complied with with by tricycle and pedicab drivers/operators and all concerned entitites:
A. Speed Limit Enforcement on National Highway. – LGUs must, in the interim, enforce the appropriate speed limit on the portion of the national highway where tricycles are allowed, in accordance with R.A. 4136 and JMC 2018-001
- A speed limit of 40 kph for tricycles only shall be strictly followed by tricycle and pedicab drivers/operators while traversing the national road at Burgos, Iloocos Sur.
- The 40 kph speed limit shall be prominently displayed along the stretch of the national road at Burgos, Ilocos Sur.
- A SLOW DOWN sign shall be prominently displayed along the national road where a school and children crossing the national road and within thickly populated areas.
- Tricycles, pedicabs and single motors shall be rerouted at Lesseb-Nagpanaoan Rd. during the entrance, lunchbreak and class dismissal at
Burgos Central School. Likewise, they are required to go slow during the entrance, lunchbreak and afternoon class dismissal of pupils/students of schools and day carte centers along the national road at Burgos, Ilocos Sur.
SECTION V. MUNICIPAL TRICYCLE TASK FORCE – A Municipal Tricycle Task Force shall be created who shall formulate the Municipal TRICYCLE ROUTE PLAN (TRP) in accordance with the provisions of DILG MC No. 2020-036. The Tricycle Task Force shall be composed of the following:
CHAIRMAN – Municipal Mayor
VICE CHAIRMAN – PNP Chief
SB Committee Chair on Transportation
SB Committee chair On Peace & Order
Traffic Management Officer
SECTION VI. DUTIES OF THE MUNICIPAL TRICYCLE TASK FORCE.
The Tricycle Task Force shall:
A. Conduct meetings, public consultations and hearings with stakeholders, and survey/ocular inspection of the zone/area of tricycle operations with special focus on the following:
- Rationalizing the authorized routes of all tricycle and pedicabs to ensure that they are banned from national highways;
- Identification of national roads within the area of jurisdiction of the LGU;
- Determination of the portions of the national higway presently used or proposed to be traversed by tricycles only if there are no alternative routes available.
- Draft or update the Tricycle Route Plan (TRP) within 30 days from the issuance of DILG MC No. 2020-036. The committees shall come up with a TRP which shall be valid for two (2) years from the issuance of this memorandum circular.
B. As this LGU have constructed the necessary infrastructure, the Tricycle Route Plan shall contain a schematic map clearly showing the following:
- All the location of tricycle terminals and tricycle routes authorized by the LGU;
- The national highways within the area of jurisdiction of the LGU which is utilized by 4-wheel vehicles greater than 4 tons and where normal speed exceed 40kph; and
- Portion(s) of the national highway to be allowed use by tricycles for lack of an alternative route. Speed Limit Enforcement on National Highway. – LGUs must, in the interim, enforce the appropriate speed limit on the portion of the national highway where tricycles are allowed.
SECTION VII. PENAL PROVISION- violators of this Ordinance shall be penalized accordingly, to wit:
1ST OFFENSE – 500.00
2ND OFFENSE – 1,000.00
3RD OFFENSE – 2,000.00.
SECTION VIII. SEPARABILITY CLAUSE – if for reason or reasons the provision/s of this ordinance shall be held invalid or unconstitutional, other provisions thereof which are not afffected shall continue to be in force and effect.
SECTION IX. EFFECTIVITY. This ordinance shall take effect upn its approval and signing.
ENACTED this 14th day of December 2020 at Burgos, Ilocos Sur.