Rivera: The uncharted road of e-bikes and e-trikes

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Rivera: The uncharted road of e-bikes and e-trikes
Trina Louise Rivera
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Urban mobility for transportation is on the rise in the Philippines with the rapid growth of electric bicycles (e-bikes) and electric tricycles (e-trikes). These vehicles have gained popularity due to their affordability, convenience and low environmental impact, especially in urban and suburban areas. However, the swift adoption of e-bikes and e-trikes has eclipsed the development of laws and systems to regulate their use.

Several issues, especially on the matter of lack of clear and consistent regulation, create significant obstacles for road safety and sustainable transportation, not to mention that some e-trike and e-bike drivers are operating without proper registration or licenses, leading to safety and legal concerns.

National laws such as Republic Act (RA) 11697, or the Electric Vehicle Industry Development Act (Evida Law), govern the development and deployment of the electric vehicle industry in the country, which includes e-bikes and e-trikes. The law and its implementing rules and regulations (IRR) aim to promote the adoption of electric vehicles, reduce greenhouse gas emissions, and support the transition to cleaner transportation alternatives. Another national mandate is RA 4136, or the Land Transportation and Traffic Code, which is the foundational law for vehicle registration and road use in the country. While this law was originally crafted for conventional motor vehicles, its provisions have been interpreted to apply to e-bikes and e-trikes, especially those capable of higher speeds or used for public transport.

Despite the existence of national laws, there is an ongoing debate on the classification system for e-bikes and e-trikes, as some are treated as bicycles, while others are classified as motorcycles or motor vehicles, depending on speed, weight and motor power. This complicates enforcement, especially for motorists who do not have any idea of its regulation.

Light electric vehicles include electric scooters, electric bicycles, and similar vehicles weighing less than 50 kg, according to Evida Law. Electric bicycles, or e-bikes, are any two-wheeled mode of transportation propelled by an electric motor. An e-trike refers to a three-wheeled electric vehicle designed for the transportation of goods, cargo, and passengers.

There are different e-bike classifications according to the Land Transportation Office (LTO) website, also highlighting therein their respective restrictions and requirements. A personal mobility scooter is a three- or four-wheeled electric bike that may have pedals and is allowed only on private roads, walkways, and bike lanes. It does not require a license or registration, but riders must wear a bicycle helmet. Similarly, an electric kick scooter, a two-wheeled, fully electric vehicle, is limited to barangay roads, walkways, and bike lanes. It also requires no license or registration, but a motorcycle helmet is mandatory for safety.

There are other categories for other vehicles, but the common one is referred to as Category L-3 for electric bikes which refer to electric motorcycles powered exclusively by an electric motor, whose top speed is over 50km/h. Category L-3 vehicles are allowed to operate on all types of roads except limited-access highways, and they can be used for public transport, too, but with some regulations. Thus, it requires a driver’s license and registration of vehicle. Category L-4 or for e-trikes are allowed to travel beyond barangay roads and may traverse national highways and major thoroughfares as long as they comply with the ordinance. They cannot be used for limited access highways. Thus, a driver’s license and vehicle registration are required.

While there are classifications provided for by the LTO and even if there are steps taken to include e-bikes and e-trikes within the broader category of electric vehicles under RA 11697, there remains a lack of a more specific operational or road safety regulation for these vehicles.

This regulatory gap covers areas such as speed limits based on type and size, required safety gear for both rider and vehicle, clear penalties for violations, safety standards, among others. The absence of clear guidelines may result in inconsistent enforcement and potential safety risks.

With the created ambiguity and potential enforcement challenges, the same can be partially addressed by local ordinances but may require further national legislative or regulatory action for uniformity and safety. It is high time to navigate these uncharted roads with foresight and firm policy.

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