Watt’s Next: The MMDA’s Ban on E-Bikes and E-Trikes
By: Atty. Hans Richmond Ong
It is no secret that Filipinos love cars. The impressive vehicle sales performance for the first quarter of 2024 showing a 12.7% increase year on year[1] is clear indication of the auto industry’s recovery from the COVID-19 pandemic-induced slump[2].
In the Philippines, Electric Vehicle (EV) adoption is picking up speed, with EV sales in the first half of 2023 up 500% compared to EV sales for the entirety of 2022.[3] According to a 2023 survey conducted by marketing research firm Standard Insights, Filipinos display a positive attitude towards EVs as a top choice for transportation, especially with the younger generation. A significant 50.8% expressed confidence in EVs becoming the future of the automotive industry, showcasing a positive development for the country’s transportation sector.[4] As the country continues to embrace EVs, another industry has quietly been on the rise, the Light Electric Vehicle Industry.
With the Metropolitan Manila Development Authority’s (MMDA) ban on light e-trike and e-bike formally coming into effect last April 15, 2024, many road users are confused as to what exactly the ban covers.
MMDA Regulation No. 24-002, series of 2024 (the “Regulation”), implemented through, among others, MMDA Memorandum Circular No. 2024-04 (the “IRR”), provides that all e-bikes, defined as any two or three-wheeled mode of transportation propelled by an electric motor,[5] e-trikes,[6] any three-wheeled vehicle powered by an electric motor, and other electric vehicles as found in Sections 2.5 to 2.8, and 2.10 of Land Transportation Office (LTO) Administrative Order No. 2021-039 are prohibited from traversing national roads.
What are these other electric vehicles? Sections 2.5 to 2.8, and 2.10 of LTO Administrative Order No. 2021-039 provide:
2.5 Electric Mobility Scooter – a two, three or four wheeled vehicle, with or without operable pedals, powered by electrical energy with less than 300 wattage capable of propelling the unit up to a maximum speed of 12.5 km/hr.
2.6 Category L Electric Vehicle – a motor vehicle with less than four wheels and including 4 wheeled vehicles with restrictions on maximum speed, maximum mass and maximum rated power as in the case of L6 and L7.
2.7 Category L1 (e-Moped 2w) – a two wheeled vehicle, with or without pedals, powered by electrical energy capable of propelling the unit up to a maximum speed of 50 km/hr. For regulation purposes, they are further classified into Category L1a and L1b. E-bikes fall under this category.
2.8 Category L2 (e-Moped 3w) – a three wheeled vehicle, with or without pedals, powered by electrical energy capable of propelling the unit up to a maximum speed of 50 km/hr. For regulation purposes, they are further classified into Category L2a and L2b.
2.10 Category L4 and L5 (e-Tricycle/e-Three Wheeled Vehicle) – a three wheeled motor vehicle powered solely by electrical energy with a minimum rated power of 1000 W capable of propelling the unit to no more than 50 km/hr and having a maximum curb weight of 600 kg. It is designed for the carriage of goods, cargoes, freights, and passengers. They could be symmetrically or asymmetrically arranged in relation to the longitudinal median plain. Categories L4 and L5 refers to the asymmetrical and symmetrical versions, respectively.
The IRR provides some exceptions to the ban, in particular:
Section 5. Exceptions. – The prohibition shall not apply in the following instances:
a. Afore-stated roads are crossed by subject vehicles solely for the purpose of going to the other side of the road they bisect, divide, and intersect;
b. Tricycles traversing not more than five hundred (500) meters of the afore-stated roads going to and/or coming from a u-turn slot solely for the purpose of going and or returning to the other side of the road bisected, divided and intersect.
c. Light Electric Vehicle (LEV) traversing established bike lanes on afore-stated roads pursuant to Republic Act No. 11697 or the Electric Vehicle Industry Act.
Understandably, while prohibited vehicles are generally not allowed to traverse national roads, some allowance is given as in the case of Section 5.b. (when the crossing is done for short distances) or Section 5.a. (when it is unavoidable). However, more interesting is the exception found in Section 5.c., which uses the term “Light Electric Vehicle.” As defined within the IRR, this refers to “electric vehicles such as electric scooter, electric bicycle, electric personal transport or other similar vehicle weighing less than fifty (50) kilograms.”
In sum, as a general rule, all e-bikes, e-trikes, and other EVs falling under the mentioned provisos are prohibited on national roads. LEVs however are allowed to traverse national roads, as long as these LEVs stay within the designated bicycle lanes.
Considering that the ban on e-bikes and e-trikes is being implemented primarily due to safety concerns[1], curiously absent from the definition of an LEV is any qualification as to its maximum speed or wattage. Without clear parameters on speed and power, the safety rationale behind the prohibition could be undermined. Higher-speed or higher-powered LEVs, even if they weigh under 50 kilograms, could still pose significant risks to bicycle lane users, especially in areas with high traffic volume. This is because as currently worded, the IRR makes it possible to “sneak in” higher-powered vehicles under the guise of being LEVs.
The enforcement of both the bicycle lane exception for LEVs and the overarching national road prohibition is particularly challenging. Personnel on the ground would face significant difficulties in determining the weight of an electric vehicle, as well as its wattage and maximum speed, without specialized equipment. This raises practical questions about the feasibility of effectively enforcing these rules. How will traffic enforcers accurately measure and verify the wattage of an EV in real-time?
Additionally, the broad definition of LEVs under exception Section 5.c. could open the door to a wide variety of EVs, some of which may not have been anticipated by the MMDA in drafting the IRR. As the market for EVs continues to grow and diversify, new types of LEVs with varying capabilities will likely emerge. It will be crucial for implementing agencies and/or bodies to periodically review and timely update their regulations to keep up with technological and other advancements.
In conclusion, while the Regulation and its IRR aim to enhance road safety by regulating the use of certain EVs on national roads, the current definitions and exceptions are ambiguous, leaving considerable room for interpretation and potential safety concerns. A more detailed and precise framework, including specific speed and wattage limits for LEVs along with prescribed methods for measurement, would help address these issues and ensure that the Regulation’s goals are fully achieved. As the Philippines continues to embrace electric vehicles, proactive and ongoing dialogue between regulatory bodies, industry stakeholders, and the public will be essential to create a safe and sustainable transportation ecosystem.
[1] 7th and 8th WHEREAS clauses, MMDA Regulation No. 24-002, series of 2024.
[1] Garcia, L., 109,606 vehicles were sold in PH in the first quarter of 2024, Top Gear Philippines, accessible at: https://www.topgear.com.ph/news/industry-news/philippine-car-sales-q1-2024-a5361-20240425.
[2] Yalao, K., PH auto sales post strong recovery in 2023, Manila Bulletin, accessible at: https://mb.com.ph/2024/1/16/ph-auto-sales-rise-by-21-9-in-2023
[3] Electric vehicle sales up, expected to hit 6M by 2030, GMA News Online, accessible at: https://www.gmanetwork.com/news/topstories/nation/898954/electric-vehicle-sales-up-expected-to-hit-6m-by-2030/story/.
[4] Tracking the progress of electric cars in the Philippines, BusinessWorld Online, accessible at https://www.bworldonline.com/special-features/2024/04/26/591218/tracking-the-progress-of-electric-cars-in-the-philippines/
[5] LTO Classification of eBike & Scooter, accessible at: https://ltoportal.ph/lto-classification-ebike-scooter/#What_is_an_eBike
[6] Id.
Hans Richmond R. Ong is a Junior Associate and a member of the Mergers and Acquisitions, Corporate Services, Technology Media and Telecommunications, Data Privacy Cybersecurity and AI, and Intellectual Property Departments of the Firm. His practice includes providing legal guidance and assisting with compliance matters in Technology, Media, Telecommunications, Data Privacy and Cybersecurity law. He also assists clients in commercial dealings including the conduct of legal due diligence in mergers and acquisitions.
