by Krixia Subingsubing, Philippine Daily Inquirer, 10 Dec 2019
MANILA, Philippines — A commuter group has asked a Quezon City court to issue a temporary restraining order against five of what it described as “fly-by-night”motorcycle-hailing companies, following reports that they might be allowed to join a pilot test whose results would determine whether the two-wheelers could eventually operate as public transport vehicles.
On Monday, lawyers Ariel Inton, Raymond Fortun and VJ Topacio of the Lawyers for Commuters’ Safety and Protection (LCSP) filed a petition for preliminary injunction against five bike companies reportedly operating outside government regulation: We Move Things Philippines Inc. (Joyride), Habal Rides Corp. (Habals Inc.), i-Sabay, Sampa-Dala Corp. and Trans-Serve Corp.
These companies, they argued, were “sabotaging the government’s pilot program for motorcycle taxis by according themselves the privilege to operate motorcycles-for-hire in the guise of addressing the traffic situation.”
Right now, only Angkas is authorized to operate under a six-month pilot test while adhering to strict standards set by state regulators.
Illegal bookingsBut Inton argued that the five companies already had “thousands of motorcycles illegally booking and transporting passengers, plying the roads and unduly exposing the public to road hazards and increased risk of accidents.”
The technical working group (TWG) that drafted the pilot test’s guidelines required, among others, bikers to undergo safety and customer service training and to operate only acceptable models of motorcycles and helmets.
But since the five other companies did not submit themselves to regulation, the commuting public was vulnerable to riders who do not meet these standards, Fortun said.
So far, only Sampa, i-Sabay and Joyride are known to be operational. Joyride and Trans-Serve are still accepting and training riders, while i-Sabay and Sampa are already accepting bookings.
“All of these are being done without having been made part of the pilot program,” Inton said. “Their reckless and brazen conduct of preempting the government agencies in hopes that they too might be included in the pilot program despite their lack of track record and qualifications only proves how the government and the public cannot trust these entities.”
It must be noted that Inton, a former member of the Land Transportation Franchising and Regulatory Board, had previously spoken in favor of Angkas’ interests before it was eventually allowed to operate.
But Topacio denied that the petition was filed to preemptively kill off its competitors in the market, currently monopolized by Angkas.
“In fact, we are pushing for competition to regulate the [bike-hailing industry]. But the prime consideration really here is safety. That’s why Angkas was not made part of this petition,”he said.
Angkas’ pilot test will lapse on Dec. 26. Right now, the Department of Transportation is waiting for the TWG report before determining whether to extend the six-month-long dry run and allow the other motorcycle firms to join the pilot test.
‘No free-for-all’
Since the pilot test was meant to enable state regulators to craft the appropriate legal framework for bikes for-hire, Fortun said the test could not be “free for all”especially since so far, only Angkas had the track record to accurately ascertain the safety and viability of such operations.
Inton also accused the TWG, of which the LCSP was a member, of convening about certain issues in the pilot test without other members. This included, among others, hearing out the petitions of the other companies to join the dry run.
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