BIKER Ronda Cycling Davao City

TAMA PO BA SYA?

Bicycle lanes are ultimately intended for the safety of bicycle riders from road accidents and other road-related casualties. For which reason, bicycle lanes are for the exclusive use of bicycle riders and other similar non-motorized transportation only. Accordingly, motor vehicles are sternly prohibited from utilizing bicycle lanes. To be certain, it is expressly stated under Land Transportation Office (LTO) Memorandum Circular No. 2021-2267, dated May 21, 2021, on the Guidelines and Protocols for Drivers in the Operation of Motorcycles, Cars, Trucks and Other Motorized Vehicles, that:

"1. No motor vehicle shall be allowed to either cross or park into bicycle lanes or pedestrian lanes. Bicycle lanes are for the sole use of cyclists, Non-motorized transport (NMT) users and Light Mobility Vehicle (LMV) or Personal Mobility Devices (PMD) users. Motor vehicles, with their weight and potential speed, will endanger the other users of bicycle lanes when they enter bicycle lanes."

The aforementioned memorandum is in line with the Department of Transportation's Department Order No. 2020-14, dated August 25, 2020, on the Guidelines and Protocols for Active Transportation and Light Mobility Vehicles, which provides:

"I. GUIDELINES FOR DRIVERS OF MOTORCYCLES, CARS, TRUCKS AND OTHER MOTORIZED VEHICLES x x x

1. No motor vehicle shall be allowed to cross nor park into bicycle lanes or pedestrian lanes. Bicycle lanes are for the sole use of cyclists, NMT users and LMV/PMD users. Motor vehicles, with their weight and potential speed, will endanger the other users of bicycle lanes when they enter bicycle lanes."

Specifically, in Quezon City, motorists are prohibited from using or obstructing bicycle lanes. Anyone who will be caught violating such prohibition may be penalized. As provided under Section 16 of Quezon City Ordinance No. SP- 2988, Series of 2020:

"SECTION 16. PROHIBITED ACTS AND PENALTIES. – The following acts shall be considered as violations of this ordinance. Any person who violates the enumerated prohibited acts herein shall be penalized accordingly:
a. Prohibition on Motorists

i. Motorists use of or obstruction of cycling lanes or walking paths

1. First offense – a fine of One Thousand Pesos (P1,000.00);

2. Second offense – a fine of Three Thousand Pesos (P3,000.00);

3. Third offense – a fine of Five Thousand Pesos (P5,000.00) and thirty (30) hours of community service."

Accordingly, a traffic violation ticket may indeed be validly issued against your friend if he was caught using the bicycle lane while he was riding his motorcycle. Such act is a defiance of the above-mentioned regulations.

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]