There has been much talk and many contradictions in Bajaj RE groups about what regulations apply to the Bajaj RE 3 wheeler. We take a look at LTO regulations for the Bajaj RE to find what rules apply to the Bajaj RE,
The simple answer is the same regulations as a motorcycle with an engine size of 198cc apply to the Bajaj RE.
We will show how we came to this conclusion later but first we will look at how this confusion has came about.
Firstly it is because people mistakenly think any vehicle with 3 wheels is a tricycle, it is not as we explained in our article “Is the Bajaj RE a Tricycle?”
It is not just the public making the mistake of thinking all vehicles with 3 wheels are tricycles traffic enforces also make the same mistake, this has meant a few owners have been stopped and fined for using their Bajaj RE on National Highways. I have heard cases of where the Bajaj RE has been impounded however this is just hearsay and no real details of this has been shown.
Just because a few have been fined by traffic enforces it does not mean they that is the law, traffic enforces are human and all humans make mistakes. It is probably down to the fact they like many Filipinos class any vehicle with 3 wheels as a tricycle.
The original advertising of the Bajaj RE did not help matters, and even some owners of the Bajaj that ever call it a Bajaj tricycle or a tri-wheeler are not helping the situation.
LTO regulations for the Bajaj RE
Like most makes of vehicle the LTO does not make rules for them by brand or model, they get put with a group of other vehicles that are similar, LTO regulations for the Bajaj RE come under Non Conventional Motorcycle.
LTO have clearly stated in a memo named “ Memorandum: Proper Denomination of Bajaj RE Compact 45 F and RE 4 Stroke Units” that the Bajaj RE should be registered as a Non Conventional Motorcycle.
In the paragraph below it clearly states the type of vehicle shall be “Non Conventional Motorcycle”
In view thereof, it is hereby directed that all concerned personnel shall ensure that the approriate denomination for this type of vehicle shall be “Non Conventional Motorcycle” and must be properly reflected on the OR and CR. For those vehicles already registered, a blanket Request for System Update (RSU) will be issued to implement this update.
LTO Bajaj RE Memo
LTO Memorandum: Proper Denomination of Bajaj RE Compact 45 F and RE 4 Stroke Units
To understand what regulations apply for a Non Conventional Motorcycle we only need look at the LTO Memorandum on the Morgan 3 wheeler.
In section 1 it states that the 3 wheeler Morgan shall be classified as a Non Conventional Motorcycle.
In section 2 it states The use and operation of Three Wheeler Morgan on roads and highways shall also be governed by the “Rules and Regulations for the use and operation of Motorcycles on highway”
So these 2 memos tell us that the Morgan and the Bajaj RE are regarded as the same class which is Non Conventional Motorcycle, that means that the same rules apply which are the same Rules and Regulations as a motorcycle.
That means any road a motorcycle with the same size engine can use, the Bajaj RE can use, but you must follow the same rules Example if there is a motorbike lane you must use it.
As far as we are aware Municipalities rules only set Rules and Regulations for franchised vehicles, in other words vehicles that are for hire or reward, not private vehicles. If anyone knows different please let us know via our contact us form.
In ADMINISTRATIVE ORDER NO. 270 PRESCRIBING THE IMPLEMENTING RULES AND REGULATIONS OF THE LOCAL GOVERNMENT CODE OF 1991, ARTICLE 44 it says they are not allowed to permanently close a road. Banning the Bajaj Re would effectively be closing the road to the Bajaj RE.
ARTICLE 44. Permanent Closure. — (a) No permanent closure of any local road, street, alley, park, or square shall be affected unless there exists a compelling reason or sufficient justification therefore such as, but not limited to, change in land use, establishment of infrastructure facilities, projects, or such other justifiable reasons as public welfare may require.
We also return to the LTO memo that says “The use and operation of Three Wheeler Morgan (Which come under the same class as the Bajaj RE) on roads and highways shall also be governed by the Rules and Regulations for the use and operation of Motorcycles on highway” So if the Municipality allows a Motorcycle it should also allow the Bajaj RE.
PLEASE NOTE: The rules above only apply to private vehicles, if you use your Bajaj RE for hire and reward (service) then different rules will apply.
Out of Line
There have been cases of private users stopped for the offence Out of Line. The Out of Line rule only applies to franchised vehicles that have been franchised to use a set route or a set area, private vehicles are not franchised so this rule does not apply.
What to do if you are stopped
Do not get into an argument, try to calmly explain to the enforcer why he is wrong (we suggest you print out and carry the memos above and also a copy of FOURTEENTH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES S.B. 3289 which explains that a tricycle is a motorbike and sidecar.
If the enforcer still does not understand ask to speak to his superior who should know the law better, again explain your case in a calm way.
If all this fails and you are sure you are correct appeal against any fine, you are entitled to an appeal.
It is up to Bajaj RE owners to educate the enforcers.
Private Estates and Roads
Private Estates and Roads set their own regulations we are aware that some Bajaj RE owners have been stopped from entering Private Roads by security guards, in one case we have contacted the owners asking for a copy of the rules concerning which vehicles are not allowed to enter and so far we have had no reply.
We have spent a lot of time researching LTO regulations for the Bajaj RE for the benefit of owners of the Bajaj RE please help us by liking our Facebook page.