Land Transportation Office

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    Date: 2020-06-22 16:58:23.822435

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    Date: 2020-06-23 07:31:00.803944

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    Date: 2020-07-02 14:59:07.971132

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Request for Legal Opinion on Applicability of Traffic Laws to Scooters

Requested from LTO by K. Cruz at 04:58 PM on Jun 22, 2020.
Purpose: Clarifying the law in order to refrain from violating traffic rules.
Date of Coverage: 06/22/2020 - 06/22/2020
Tracking no: #LTO-653417792268

Cruz 04:58 PM, Jun 22, 2020 

Good day, I am requesting for your legal opinion regarding the usage of electric scooters (e.g. Xiaomi M365, Segway Ninebot ES 1, etc.) in Metro Manila:

1) Do scooters fall under the enumeration of 'motor vehicles' under Sec. 3 (a) of R.A. 4136? In other words, would that law apply (e.g. requiring a driver's license)?
2) Is the use of scooters allowed in public highways (i.e. EDSA, C5)?
3) Is the use of helmets (similar to R.A. 10054) mandatory?

Thank you.

Se 07:31 AM, Jun 23, 2020 

June 23, 2020

Dear Kristian Lemuel,

Thank you for your request dated Jun 22, 2020 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Request for Legal Opinion on Applicability of Traffic Laws to Scooters.

We received your request on Jun 22, 2020 and will respond on or before Jul 13, 2020 04:58:23 PM, in accordance with the Executive Order's implementing rules and regulations.

Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://zcwdv420190208-dot-efoi-ph.appspot.com/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEExUTy02NTM0MTc3OTIyNjgM, for request with ticket number #LTO-653417792268.

Thank you.

Respectfully,

LTO FOI Officer

Vera Cruz 02:59 PM, Jul 02, 2020 

July 2, 2020

Dear Kristian Lemuel Cruz,

Greetings!

Thank you for your request dated Jun 22, 2020 04:58:23 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your Request

You asked for Request for Legal Opinion on Applicability of Traffic Laws to Scooters.

Response to Request

All motorized vehicles fall on the definition mentioned under Section 3(a) of Republic Act No. 4136 unless expressly exempted by same provision. However, not all units can be registered with this Office since proper inspection and classification is required. The result of classification shall determine the rules which will govern the operation of the vehicle.

In order to determine the classification and roadworthiness of your units, please have a prototype undergo testing by our Motor Vehicle Inspection Centers. Further, it is advised that Certificate of Payment (CP) from the Bureau of Customs (BOC) is likewise required for the initial registration of a vehicle.

Your right to request a review

If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to LTO Assistant Secretary Edgar C. Galvante at lto.cdmpao@gmail.com. Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request.

If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011).

Thank you.

Respectfully,

LTO FOI Receiving Officer

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