Gray areas in LTO's admin order contentious, says Pesina
Land Transportation Office (LTO) regional director Gerard Camiña said Administrative Order 2008-015 prescribing the rules and regulations for the use and operation of motorcycles on highways will be implemented starting September 1 despite strong protests from motorcycle owners.
In a chance interview during the second anniversary celebration of the Office of the Ombudsman Visayas-Iloilo office, Camiña emphasized that the AO 2008-015 is for the safety of motorcycle riders. He said they are merely implementing the order which came from the LTO central office.
Camiña said the AO was supposed to have been implemented last June yet but they moved it to September in order to give time for massive information dissemination.
Owners of motorcycles here recently launched a signature campaign against the implementation of AO No. 2008-015.
Motorcycle owners contend that certain provisions in the Administrative Order are repressive and are not applicable locally.
But Camiña counters that whatever is written in the AO is intended for the protection and safety of the riders.
He said that they may consider certain items in the AO but only on a case-to-case basis. Camiña, however, could not categorically answer when asked on what specific items they would possibly consider.
Asked if the AO also applies to areas where motorcycles are used for ferrying passengers Camiña merely answered: "Amo na da ang problema (That's a problem)."
City Councilor Antonio Pesina, who is a lawyer by profession, echoes the sentiments of motorcycle owners against the implementation of AO No. 2008-15.
He said there are a lot of gray areas in the AO which could result in confusion between the enforcers and the motorcycle owners.
He is planning to file a temporary restraining order against the AO.
In their petition motorcycle owners specifically cited Section I, Paragraph "g" of the said AO stating that motorcycle riders should wear protective devices such as leather boots, and protective clothing such as heavy pants, heavy jackets and leather gloves. They said such requirement is not applicable in the local setting considering the tropical nature of our weather condition. Besides, they said it would be a financial burden on the part of motorcycle owners to buy such protective devices especially at this hard times.
Motorcycle owners also deem as repressive Section VI which states that "only one back rider shall be allowed..." and that "the motorcycle or scooter shall not carry cargo other than the saddle bags or luggage carriers specifically designed and approved by the Department of Trade and Industry (DTI)" since motorcycles are commonly used by its owners in business endeavors and as alternative to public utility vehicles because of the continued rise in fare rates.
One motorcycle owner even observe that motorcycles are used in going to workplaces or carry children to school.
They also contend that Section VII which provides for the wearing of standard helmet is unclear / vague since it does not clearly define what a standard helmet is.
Section I, Paragraph "h" of LTO AO No. 2008-15 only states that standard helmet should be approved by the DTI with PNS-UNECE 22 marking.
The motorcycle owners also consider as impairment of their vested rights Section VII, Paragraph 3 of the AO stating that "any modification of the original standard design of a motorcycle or scooter shall first be subject to the approval of LTO and the DTI."
"It is ridiculous, why will they prevent us from beautifying our motorcycles? It is our own property so we have the right on what to do with it," another motorcycle owner said.
"If it is unlawful to modify motorcycles then why do they allow modification of public utility jeepneys and other motor vehicles? It is unfair," he added.
The group also bewail the imposition of exorbitant fines/penalties under the said Administrative Order.
As provided in the AO those caught without helmets would be fined P1,500; motorcycles with excessive passengers and cargo would be fined P1,000. Those with defective accessories would be fined P1,000. While, modified motorcycles not approved by the DTI would be fined P2,000.
Meanwhile, motorcycle riders not wearing protective devices would be fined P500 for the first offense, P700 for the second offense and P1,000 plus revocation of drivers license for the third offense.
Camiña said only LTO personnel and LTO-deputized agents are tasked to implement AO No. 2008-015. He asked the understanding of motorcycle owners.