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Ordinance No. 2011-065

AN ORDINANCE ALLOWING THE OPERATION OF E-TRIKE IN THE CITY OF NAGA AND PROVIDING GUIDELINES THERETO:-

Authors: Hon. Nelson S. Legacion

Hon. Esteban R. Abonal

Hon. Joaquin F. Perez, Jr.

Hon. Alex C. Nero

Hon. Raoul T. Rosales

EXPLANATORY NOTE

No less than His Excellency, President Benigno S. Aquino III, encourages and pushes for electric tricycles.

Citing data showing that there are currently 3.5 million motorcycles and tricycles in the country that emit close to 10 million tons of harmful gasses and use several billions of US dollars worth of oil each year, the President said on April 13, 2011 on the occasion of the turning-over of 20 e-trikes to tricycle operators and drivers association in Mandaluyong City that “the only way we can insulate ourselves from external shock such as high oil prices is to implement long-term solutions that ensure energy sufficiency and sustainability for us and for future generation of Filipinos. The solution is in the E-tricycle project.”

Indeed, the adoption of the project is a necessary step in combating unreasonable high oil prices and ending oil dependency.

More importantly, e-trike is eco-friendly, noise free, and air-pollution free. It means cleaner air, bluer skies, more livable environment, new jobs and higher income for operators/drivers.

Hence, this legislative measure.

SECTION 1.Title. This local legislation shall be known as the “E-trike Ordinance”.

SECTION 2. the City’s Policy. The City of Naga fully supports the national government’s e-tricycle project. It is also committed in enforcing the applicable provisions of the Clean Air Act and in addressing community concerns about high oil prices, pollution and health hazard as well as in providing new job opportunities.

SECTION 3. Definition of Terms. For purposes of this ordinance, the following terms shall mean:

(a) “E-trike” – a three-wheeled electric power driven vehicle.

(b) “Driver” – an individual person duly licensed to drive motor vehicle.

(c) “Franchisee” – a person or entity who owns an e-trike and in whose favor a franchise was issued by the City of Naga through the Sangguniang Panlungsod.

(d) “Proponent” – refers to a person or entity who engages himself/itself in the business of manufacturing and/or selling electric tricycles in the territorial jurisdiction of the City of Naga registered as such before the City Treasurer’s Office.

(e) “Charging stations” – refers to the established place required of the proponent where drivers or operator of e-trikes can re-charge their batteries for a free.

SECTION 4. E-trike Franchise Grant. E-trike operation is hereby allowed within the territorial jurisdiction of the City of Naga. For this purpose, One Hundred (100) units of three-wheeled electric power driven vehicle or e-trike shall be granted franchise by the City of Naga through Sangguniang Panlungsod, in addition to the 1,500 trimobile franchises previously granted. Provided, that should there be cancellation of franchises previously granted, replacements thereof, if any, shall be in favor of the herein e-trike project. Provided further, that such replacement shall be allowed only after reducing the number of franchises to, and which shall be maintained at, a total of 1,500 for both e-trike and trimobiles. Provided finally, that the voluntary conversion to e-trike is herein allowed and encourage.

SECTION 5. Guidelines. The actual issuance of the corresponding franchise in favor of the applicant preferably endorsed by the proponent shall be subject to the following guidelines, to wit:

1. No e-trike franchise shall be granted unless:

1.1 The unit utilizes environmental friendly batteries as determined by the Environment and Natural Resources Office;

1.2 It has an on-board charger; and

1.3 It is roadworthy and possesses the required safety features including the provisions for reflection lights and/or lamps at the front and rear portions of the unit.

2. The individual applicant is an actual resident and registered voter of the City of Naga. Such shall be a continuing qualification requirement which shall be considered even in renewal applications.

3. A transport cooperative may be granted in its name up to five (5) franchises, subject to compliance with the qualification requirements of the drivers.

4. For E-trike Rent-to-Own Program or variations thereof and/or meanwhile that the ownership of the unit is not yet fully transferred to the intended buyer, a provisional franchise may be granted in favor of the proponent. Provided, that the qualification requirements of the intended buyers or drivers of the vehicle are complied with.

5. In granting franchise, the following prioritization shall be favorably considered, to wit:

5.1 First, trimobile drivers who desire to own an e-trike;

5.2 Second, trimobile operators whose units are already dilapidated;

5.3 Third, trimobile operators whose units are two-strikes; and

5.4 Fourth, franchisees of the conventional trimobiles wanting to convert voluntarily to e-trike.

SECTION 6. Parts Availability. As a necessary after sales component to a successful e-trike project, the proponent shall make available within the city’s territorial jurisdiction such parts as may be needed for the continued and uninterrupted operation of e-trike in the city.

SECTION 7. Charging Stations. Being an important support system to the e-trike project, charging stations shall be established in strategic public places in the city. For the total franchises herein fixed, no less than two (2) charging stations shall be required of the proponents to establish. In this regard, not all contemplated franchises shall be issued by the Sangguniang Panlungsod unless the establishment of the charging stations is assured or completed.

SECTION 8. Incentives. (a) Franchisees shall be granted fifty (50%) discount on all fees applicable to trimobiles, namely: (a) franchise fee, (b) annual supervision fee, (c) mayor’s permit fee, (d) legal research fee, (e) sticker fee, and (f) police inspection fee.

(b) A business tax holiday for one (1) year shall be granted a proponent for the establishment of the charging stations herein required.

SECTION 9. Fare Rate. Fares that may be charged passengers or commuters for riding on e-trikes shall be subject to the approval of the Sangguniang Panlungsod. Meanwhile, the same rates and discounts being charged by trimobile drivers shall apply to e-trikes.

SECTION 10. Parkings. The Office of the City Mayor through the Public Safety Office may designate such appropriate parking areas for e-trikes.

SECTION 11. Incorporation Clause. Provisions of existing ordinances, rules and regulations pertaining to trimobile fare rate, operation and traffic shall be considered as forming part thereof.

SECTION 12. Repealing Clause. Any provision of ordinance, rules and regulations and/or parts thereof inconsistent with the provisions of this ordinance are hereby repealed and/or modified accordingly.

SECTION 13. Separability Clause. Should any portion or provisions of this ordinance be declared unconstitutional or invalid, the other parts or provisions thereof which are not affected thereby shall continue to be in full force and effect.

SECTION 14. Effectivity. This Ordinance shall take effect immediately upon its approval and after publication in a newspaper of local circulation.

ENACTED: December 16, 2011

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WE HEREBY CERTIFY to the correctness of the foregoing ordinance.

GIL A. DE LA TORRE
Secretary to the Sangguniang Panlungsod

GABRIEL H. BORDADO, JR.
City Vice Mayor & Presiding Officer

APPROVED:

JOHN G. BONGAT
City Mayor