PROPOSED ORDINANCE NO.

__________

AN ORDINANCE ENACTING THE 2020 E-TRIKE ORDINANCE OF VALENZUELA

CITY AND PROVIDING PENALTIES FOR VIOLATION THEREOF.

Authored by: Coun. RICARDO RICARR C. ENRIQUEZ

______________________________________________________________________

WHEREAS, Section 16 of the Local Government Code states that:

“Section 16. General Welfare. – 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. x x x;”

WHEREAS, local government units have the power to regulate Electric Tricycles
or E-Trikes as stated in Section 458(3)(vi) of the Local Government Code which states
that:

“xxx Subject to the guidelines prescribed by the Department of

Transportation and Communications, regulate the operation of tricycles,
pedicabs and E-Trikes and grant franchises for their operations thereof
within the territorial jurisdictions of the City. xxx;”

WHEREAS, the Sangguniang Panlungsod of Valenzuela issued Ordinance No.

19, Series of 2005 otherwise known as “The Land Transportation Code of the City of
Valenzuela”, as amended, regulating the operation of tricycles;

WHEREAS, the Land Transportation Office issued Memorandum Circular No.

AVT-2015-1983 regulation and requiring the registration of Electric Tricycles or E-trikes;

WHEREAS, E-Trikes are becoming popular mode of transportation and currently

serve as private and public carries by residents of Valenzuela City. However, the
existing Land of Transportation Code of Valenzuela City only regulates the operation of
tricycles but does not contain provisions pertaining to the use of E-Trikes in Valenzuela
City; and

WHEREAS, there is a need to regulate use and operation of E-Trikes to protect

the public, promote public safety and ensure welfare of residents, transients and
traversing public of Valenzuela City.

NOW THEREFORE, be it ORDAINED as it is hereby ORDAINED by the City

Council of Valenzuela in a session duly assembled the following:

1
 ARTICLE I
GENERAL PROVISIONS

SECTION 1. TITLE. This ordinance shall be known as “An Ordinance

regulating the operation and use of Electric Tricycles or E-Trikes in Valenzuela
City.”

SECTION 2. SCOPE. This ordinance shall be applicable to public and private

Electric Tricycles or E-Trikes operating or traversing within Valenzuela City.

SECTION 3. DEFINITION OF TERMS. The words and phrased used in this

ordinance are hereby defined as follows:

a) Electric Tricycles or E-Trikes – a motor vehicle powered by electrical energy

from rechargeable batteries symmetrically arranged mounted with cabin which is
designed to travel on three wheels, for eight (8) or less passengers depending on
the model capacity excluding the driver depending on the number of seats
provision. For purposes of this ordinance, three-wheels with cabin shall be
considered an E-trike. Other utility models are classified as E-Bikes and shall be
governed by Ordinance No. 582 Series of 2019 otherwise known as “An
Ordinance enacting the 2019 E-Bike Ordinance of Valenzuela City and providing
penalties for violation thereof.”

Example of E-TRIKES

2
 b) Private and Public E-Trikes – Private E-Trikes are those utilized for personal
service while Public E-Trikes are those used as common carrier.
c) E-Trike Permit – a permit allowing the use and operation of E-Trikes within
Valenzuela City.
d) E-Trike Driver’s Permit – a permit authorizing a person to drive and operate E-
Trike; and
e) E-Trike Supervision Permit – a special permit issued by the City Government of
Valenzuela to public and private E-Trikes registered or primarily operating
outside Valenzuela City but traversing or passing through the territorial
jurisdiction of the City.

ARTICLE II

REGISTRATION OF PUBLIC E-TRIKES

SECTION 4. MANDATORY REGISTRATION. All public E-Trikes shall be

registered with the Valenzuela City Transportation Office (VCTO) and pay the
corresponding fees prior the issuance of its certificate of ownership. The registration of
E-Trikes shall be valid for one (1) year and may be renewed on yearly basis at least
three months prior its expiration.

SECTION 5. DOCUMENTS NEEDED. Applicant for the registration of public E-

Trikes shall submit the following documents:

a) Registration Form, Annex “A”;

b) Barangay Clearance;
c) 2 x 2 ID picture of the applicant; and
d) Preferably COMELEC Voter’s ID of the applicant in Valenzuela City as proof
of residency. However, in the absence of COMELEC Voter’s ID, other valid
IDs must be presented.

After registration, a Certificate of Ownership shall be issued to the applicant as

proof of compliance. The registration may be renewed by submitting the latest barangay
clearance and community tax certificate, and after payment of necessary fees. The
renewal stickers shall be issued to public E-Trike owners which must be posted in front
portion of the public E-Trikes’ control plate.

3
 SECTION 6. REGISTRATION FEES. For the registration of public E-Trikes, the
following fees shall be paid to the Treasurer’s Office:

a) Registration Fee: Two Hundred Pesos(P200.00);

b) For first time registrants: One Hundred Fifty Pesos(P150.00)
for the License Plate;
c) Regulation Sticker: Fifty Pesos(P50.00); and
d) ID Card: Fifty Pesos(P50.00)

SECTION 7. LICENSE PLATE. After registration and payment of appropriate

fees, a white license plate shall be issued to the applicant, which shall be permanently
attached to the front portion of the registered public E-Trike.

SECTION 8. UNIFORM AND IDENTIFICATION CARDS. All public E-Trike

drivers operation within the territorial jurisdiction of Valenzuela City shall be required to
wear proper uniform made of camiza de chino or t-shirt with the inscription (in bold
letters) of the driver’s association he is a member of. Wearing of slippers is prohibited.

Drivers of public E-Trikes are required to post their identification cards (IDs) with
2x2 picture containing the name of the owner/operator and driver and their addresses
on the front portion of the windshield of their vehicles. Drivers and operators of the
public E-Trikes shall attend seminars and trainings regarding traffic laws and public
safety prior the issuance of the said IDs.

SECTION 9. E-TRIKE OPERATORS AND DRIVER’S ASSOCIATION. The City

Government of Valenzuela encourages the establishment of E-Trike Operators and
Drivers’ Association (E-TODA) and shall accredit the same in the manner similar to the
accreditation of Tricycle and Pedicab Drivers’ Association under the existing Land
Transportation Code of Valenzuela City.

SECTION 10. TERMINAL. Terminals for public E-Trikes shall be designated for
a particular area. The VCTO shall submit to the VTFRB a Public E-Trike Zoning
Scheme within sixty (60) days after the approval of this ordinance subject to review of
the Sangguniang Panlungsod ng Valenzuela. The existing terminals, if any, shall be
temporarily adopted pending the approval of the proposed Public E-Trike Zoning
Scheme.

All public E-Trikes whose terminals have been re-assigned pursuant to the new
zoning scheme shall be relocated within thirty (30) days after the approval of VTFRB.

ARTICLE III
REGISTRATION OF PRIVATE E-TRIKES

SECTION 11. MANDATORY REGISTRATION. All private E-Trikes traversing

the road networks of Valenzuela City shall be registered with the VCTO. Registration
covers those E-Trikes used for servicing students, units used for personal service and
those used for delivery/business purposes. The registration should indicate the specific
use of the said unit.

The VCTO shall strictly control the granting of permits to private E-Trikes which
are not intended for delivery/business purposes. Units used for business purposes may
be registered for a single ownership or under a registered business name.

4
 The registration of private E-Trikes shall be valid for one (1) year and shall be
renewed on yearly basis. After registration, a Certificate of Ownership shall be issued as
a proof of compliance. For renewal, E-Trike owners shall be issued renewal sticker
which must be posted in front of the E-Trikes’ control plate.

SECTION 12. DOCUMENTS NEEDED. The applicant for the registration of

private E-Trikes shall submit the following documents with the VCTO:

a) Registration Form;
b) Barangay Clearance;
c) 2 x 2 ID picture of the applicant;
d) Preferably COMELEC Voter’s ID of the applicant in Valenzuela City as
proof of residency. However, in the absence of COMELEC Voter’s ID,
other valid IDs must be presented;
e) Latest community tax certificate; and
f) A copy of valid business permit from the Business Permits and License
Office (BPLO), or Barangay Certificate indicating his/her small
business; if the unit shall be used for business purposes.

Private E-Trikes used as school service shall secure a certification from the
respective school principal indicating the names and grade level of passengers/students
prior its registration with the VCTO. Private E-Trikes operators and drivers must keep
copy of the said certification at all times.

The private E-Trikes used as school service shall bear “SCHOOL SERVICE”
marking which shall be three (3) inches in height.

SECTION 13. REGISTRATION FEES. For private E-Trikes, the following fees
shall be paid to the Treasurer’s Office:

a) Registration Fee: Five Hundred Pesos(P500.00);

b) For 1st time registrant: One Hundred Fifty Pesos (P150.00)
for the License Plate, if applicable;
c) Regulation Sticker: Fifty Pesos (P50.00); and
d) ID Card: Fifty Pesos (P50.00).

After the registration and payment of the appropriate fees, the applicant shall be
issued a green license plate which should be attached to the lower front of the E-Trike
at all times.

SECTION 14. NOT FOR HIRE STICKER. In addition to the regulation sticker, the
VCTO shall issue a “Not for Hire” sticker to the privately owned E-Trike with the
following notation:

BABALA: BAWAL PUMASADA ANG E-TRIKE NA ITO.

ANG MAY-ARI NA MAGSAKAY NG PASAHERO
AY MAGMUMULTA NG Php 1000.00

The “Not for Hire” sticker shall be issued upon payment of registration fee. The
sticker shall be prominently posted in front of the E-Trike.

SECTION 15. IMPLEMENTATION. The VCTO is hereby tasked to implement the

provisions of this Article. It shall maintain a record of all private E-Trike based on the

5
application or body number and sticker and shall prepare all the documentary forms
needed for the effective implementation of this ordinance. For the enforcement and
apprehension purposes, the Traffic Management Division is hereby deputized to assist
the VCTO.

ARTICLE IV
LIMITATIONS AND RESTRICTIONS ON PUBLIC AND PRIVATE E-TRIKES

SECTION 16. E-TRIKE DRIVER’S PERMIT. Public and private E-Trike drivers
must secure an E-Trike Driver’s Permit in accordance with the following guidelines:

a) He must be a resident of Valenzuela;

b) At least seventeen (17) years old, provided that he/she will be
accompanied or assisted by a Professional Driver’s License holder, in
accordance with LTO qualifications in student permit;
c) Must secure a Barangay Clearance in the place where he resides in
Valenzuela City;
d) Preferably COMELEC Voter’s ID of the applicant in Valenzuela City as
proof of residency. However, in the absence of COMELEC Voter’s ID,
other valid IDs must be presented; and
e) Proof of compliance to E-Trike Driver’s Professionalization Program
(E-TRDPP)

The E-Trike Driver’s Permit may be renewed on yearly basis on or before the
birthday of the applicant and after payment of renewal fee in the amount of One
Hundred Pesos (Php 100.00). E-Trike Driver’s permit not renewed on or before the
applicant’s birthday shall be subject to penalty of One Hundred Pesos (Php100.00).

SECTION 17. E-TRIKE DRIVER’S PROFESSIONALIZATION PROGRAM.

Applicants of E-Trike Driver’s Permit shall undergo E-Trike Driver’s

Professionalization Program (E-TRDPP) seminar which shall include among others,
basic traffic regulations, road courtesy, traffic offenses and the provisions of this
ordinance that are relevant to their operation.

Participants to the E-TRDPP seminar shall be issued a certificate of attendance

which shall be presented to the VCTO before releasing the E-Trike Driver’s Permit.

The VCTO, in coordination with the Traffic Management Division (TMD) and the
Chair of the Committee on Public Utilities and Facilities of the Sangguniang Panlungsod
ng Valenzuela shall draft the syllabus of the seminar and conduct the actual training.

SECTION 18. LTO-ISSUED DRIVER’S LICENSE. Those who possess LTO-

issued Driver’s License shall no longer need to secure E-Trike Driver’s Permit.

SECTION 19. APPLICATION FOR E-TRIKE SUPERVISION PERMIT. All public

and private E-Trikes registered and primarily operating outside Valenzuela City but at
some point traverse the territorial jurisdiction of the City shall apply for an E-Trike
Supervision Permit with the VTFRB.

SECTION 20. E-TRIKE SUPERVISION PERMIT FEES. The following fees for
public and private E-Trikes originating outside Valenzuela City shall be paid to the
Treasurer’s Office:

6
 a) Supervision Fee: Four Hundred Pesos (P400.00)
b) Filing Fee: Two Hundred Pesos (P200.00)
c) ID Card: Fifty Pesos (P50.00); and
d) Regulation Sticker: Fifty Pesos (P50.00).

SECTION 21. SPECIFICATIONS. Public and private E-Trikes shall install the
following specifications:

a) Guard Door for Passengers – Owners/operators of E-Trikes are mandated to

provide guard door on both sides of the vehicle for passenger’s safety;

b) Brake Lever- Owner/operators are mandated to install brake lever to stabilize

movement of the E-Trike;

c) Center Mirror – Center mirror should be installed at the front center of the
driver seat to monitor other vehicles travelling at the back;

d) Fiber Glass Wind Shield – Fiber Glass Wind Shield must be installed to
protect the penetration of strong and gusty wind and entry of water inside the
E-Trike;

e) Low/High Gear – The driver should observe the proper application of the low
and high gear;

f) Hand Break – Hand break must be installed in order to maintain the

steadiness of the E-Trike while on stop position;

g) Back & Interior Light – Back light should be opened while travelling,
traversing, and executing a left or right turn. Interior light in the form of
luminous bulbs not less than twenty one (21) candle light power shall be set
from sundown to sunset. The use of dimly-lit colored light is strictly prohibited;

h) Back Horn – Back horn must be installed to give auditory warning to other
vehicles and pedestrians; and

i) Stencil Marking – Stencil markings should be chiseled or engraved at the

conspicuous part of the E-Trike. If an E-Trike has an existing stencil marking,
they will no longer need to secure from VCTO. If no stencil marking is
indicated upon purchase, the owner shall secure one from VCTO.

The specifications of passenger-type E-Trike are hereto attached as Annex

“B”

SECTION 22. ROAD WORTHINESS. The VCTO shall check the road worthiness
of each E-Trike inspecting the following; guard door for passenger, brake lever, center
mirror, fiber glass windshield, low/high gear, overload safety breaker, hand break, back
& interior light, and back horn.

7
 SECTION 23. BAN ON MCARTHUR HIGHWAY. All E-trikes are allowed to
traverse in all roads, streets, alleys within the jurisdiction of Valenzuela City. However,
public and private E-Trikes shall not be allowed to traverse along McArthur Highway
unless in emergency cases, unusual occurrence of event or force majeure. Provided,
that the VTFRB, by a majority vote and in consultation with the TMO and other
concerned government agencies, may grant temporary passage if public interest so
warrants.

ALLOWABLE AREAS / ALTERNATE ROUTES FOR E-TRIKES TO CROSS

ALONG MCARTHUR HIGHWAY

8
 SECTION 24. PROVISION AGAINST OVERLOADING. The weight or volume of
the public and private E-Trikes shall not exceed the minimum available capacity of
vehicle, which will be issued by the VTFRB though a resolution based on the
recommendation of the VCTO.

SECTION 25. COMMON BODY COLOR. Common body color for public E-Trike
operating in a particular zone shall also be imposed. The current body color of existing
tricycle driver’s association shall be temporarily adopted. Each unit shall be assigned
and should bear an identification or Control Plate Body Number aside from existing LTO
license plate, if any.

SECTION 26. MINIMUM FARE AND FARE MATRIX. The fare structure for each
zone is hereby set to a minimum fare of Seven Pesos (Php 7.00) for the first kilometer
traveled plus One Peso (Php1.00) for every succeeding kilometers and a fraction
thereof. Said fees shall be subject to changes or modification as the Sangguniang
Panglungsod of Valenzuela may deem fit or in accordance with prevailing
circumstances.

An officially designated fare matrix/ sticker, herein attached as Annex “C”, with
control number issued by the VCTO shall be posted permanently inside the public E-
Trike, fronting and in full view of passengers.

Further, a billboard containing the fare matrix shall be posted by the E-TODA in
all designated terminals of the City. The billboard shall contain the following details:

a) The name of the E-Tricylce Operator and Driver’s Association (E-TODA)

utilizing the terminal;
b) The zone of operation of the E-TODA as authorized and designated by the
VTRFB.
c) The individual listing of the routes and destinations covered by the E-TODA
and the exact amount of the passenger fare to be charged thereof;
d) The telephone number of the complaint/information officer of the E-TODA
concerned, and
e) The telephone number of the VCTO.

Public E-Trikes shall give twenty percent (20%) discount to students, senior
citizens and persons with disabilities. However, the driver may ask for a senior citizen’s
card, PWD ID or student’s identification card before a fare discount is given. Provided,
the student discount shall only be applicable during school days.

SECTION 27. SERVICE RENDERED UPON DEMAND. A public E-Trike may be

allowed to operate like a taxi service, which is service upon demand but only within a
particular zone designated in the Certificate of Ownership except in emergency cases.

SECTION 28. REPORTORIAL REQUIREMENTS OF MANUFACTURES OR

COMPANIES SELLING E-TRIKES WITHIN VALENZUELA CITY. All manufacturers of
e-trikes with principal branch office located in Valenzuela City are required to inform
their customers regarding this ordinance. Also, they are required to submit to the VCTO
on a monthly basis an updated list of items sold to Valenzuela City residents.

9
 ARTICLE V
PROHIBITION AND PENALTIES

SECTION 29. PENAL PROVISIONS. The owners, operators or drivers of E-

Trikes shall be meted following fines and penalties for the violation or failure to comply
any mandatory requirements mention in this ordinance, to wit:

a) Failure to register private or public E-Trikes shall be subject to penalty of fine

in the amount of Five Hundred Pesos (Php 500.00);

b) Driving of private or public E-Trike with no license plate shall be subject to

penalty of fine in the amount of Two Hundred Pesos (Php 200.00);

c) Driving with expired E-Trike stickers shall be subject to penalty of fine in the
amount of (Php 200.00);

d) Driving without E-Trike Driver’s Permit, or LTO-issued driver’s license shall be

subject to penalty of fine in the amount of Five Hundred Pesos (Php 500.00)
and shall be subject to impoundment;

e) Driving without E-Trike Supervision Permit, if applicable, shall be subject to

penalty of fine in the amount of One Thousand Pesos (Php 1,000.00) and
shall be subject to impoundment;

f) Driving or operating E-Trike without fare sticker shall be subject to penalty of

fine in the amount of One Hundred Pesos(Php 100.00);

g) Driving on public and private E-Trikes along McArthur Highway shall be

subject to penalty of fine in the amount of Five Hundred Pesos (Php 500.00);

h) Overloading shall be subject to penalty of fine in the amount of Two Hundred

Pesos (Php 200.00);

i) Operating outside the zone of operation as stated in the Certificate of

Ownership shall be subject to penalty of fine in the amount of Five Hundred
Pesos (Php 500.00);

j) Refusal to convey passengers shall be subject to penalty of fine in the

amount of One Hundred Pesos (Php 500.00);

k) E-Trikes being driven by minor driver without student permit and not
accompanied by an LTO Professional Driver’s License holder shall be subject
to fine in the amount of Five Hundred Pesos (Php 500.00) and shall be
subject to impoundment;

l) Use of unauthorized stickers shall be subject to penalty of fine in the amount

of Two Hundred Pesos (Php 200.00);

m) Illegal terminal shall be subject to a penalty of fine in the amount of Five

Hundred Pesos (Php 500.00);

10
n) E-Trikes drivers without proper uniform or wearing slippers shall be subject to
a penalty of fine in the amount of Two Hundred Pesos (Php 200.00)

o) Failure to comply with the mandatory body color of public E-Trikes shall be
subject to a penalty of fine in the amount of Five Hundred Pesos (Php
500.00);

p) The speed limit for all public and private E-Trikes shall be 40km/hour. Any
driver violating this speed limit shall be subject to a penalty of fine in the
amount of Five Hundred Pesos (Php 500.00);

q) Public and private E-Trikes shall not be modified without securing

modification permit from VCTO. Violation of this provision shall be subject to
penalty of fine in the amount of One Thousand Pesos (Php 1,000.00);

r) Drivers, owners or operators of tricycle and E-Trikes used as school service

shall keep and present the school certification issued by principal of the
school where they operate. Failure to keep and present such certification
shall be subject to a penalty of fine in the amount of Five Hundred Pesos
(Php 500.00) and One Hundred Pesos (Php 100.00) for every name of
passenger not included in the list certified by the school principal;

s) Removal, alteration and tampering of the billboard of fare matrix mentioned in

Section 26 of this ordinance shall be prohibited. E-TODAs found liable under
this provision shall be meted with the corresponding fine of One Thousand
Pesos (Php 1,000.00) which shall be paid by the President of the E-TODA in
his capacity as responsible officer;

t) Removal, alteration and tampering of the fare matrix/sticker inside the public
E-Trike shall be subject to a penalty of fine in the amount of Five Hundred
Pesos (Php 500.00);

u) Drivers of public E-Trikes who refuses and fail to give the mandatory discount
to students, senior citizens and PWDs shall be subject to a penalty of fine in
the amount of Five Hundred Pesos (Php 500.00);

v) Failure to comply with the reportorial requirements in Section 28 shall be

subject to a penalty of fine in the amount of Five Thousand Pesos (Php
5,000.00) or revocation of business permit;

w) Private E-Trikes shall be prohibited from operating as E-Trike for hire in any
part of the city and/or demand fare from its passenger. Owners/Operators of
the aforesaid private utility E-Trike operating as Public Utility E-Trike shall be
subjected to following penalties:

i. First Offense – E-Trike shall be impounded and fine in the amount of

One Thousand Pesos (Php 1,000.00);
ii. Second Offense – E-Trike shall be impounded and fine in the amount
of Two Thousand Pesos (Php 2,000.00); and

11
 iii. Third and Succeeding Offenses – Confiscation of E-Trike in favor of
the City Government of Valenzuela.

ARTICLE V
MISCELLANEOUS PROVISIONS

SECTION 30. SEPARABILITY CLAUSE. If for any reason, a part of this

Ordinance is declared illegal or invalid, other parts or provisions hereof which are not
affected thereby shall remain valid and in full force and effect.

SECTION 31. ADOPTION OF LAND TRANSPORTATION CODE. Provisions of

Ordinance No. 19 Series of 2005 Known as the Land Transportation Code of
Valenzuela City is hereby adopted insofar as applicable and consistent with this
ordinance.

SECTION 32. REPEALING CLAUSE. Ordinance No. 295, Series of 2016, is

hereby expressly deemed, modified and repealed accordingly.

SECTION 33. EFECTIVITY. This Ordinance shall take effect fifteen (15) days
after its publication in a newspaper of general circulation.

ENACTED.
________2020
Valenzuela City, Metropolitan Manila.

Authored by:

Coun. RICARDO RICARR C. ENRIQUEZ

12