Motorcycle group to fight LTO's AO 2008-015
Pesina
An association of motorcycle enthusiasts in the city is preparing to seek remedy from the court should the Land Transportation Office (LTO) will impose Administrative Order 2008-015 prescribing the rules and regulations for the use and operation of motorcycles on highways comes September 1, 2008.
City Councilor Antonio Pesina said the Ultimate Motorcycle Association sought his assistance to contest the implementation of the order particularly on the section which prohibits "modification of the original standard design of a motorcycle or scooter.
Section VII, Paragraph 3 of the AO states that "any modification of the original standard design of a motorcycle or scooter shall first be subject to the approval of LTO and the Department of Trade and Industry (DTI)." Modified motorcycles not approved by the DTI would be fined P2,000.
Pesina said the particular section is "unconstitutional." It deprives the owner to enjoy his motorcycle. Also, Pesina said, the fines imposed in the said AO are too much. The group would be compelled to seek relief from the court if the LTO pushes through with its implementation next week, he said.
Pesina stressed that the modification of the motorcycle will not affect the safety of the driver and the passenger. They should focus more on the safety if the same order was indeed meant to protect the driver and passenger. The gray areas in the AO must be cleared before its implementation on September 1, said Pesina.
There are owners who want to modify their motorcycle units depending on their needs. He said there are owners who want to replace their side mirrors to give better view as they traverse the streets. The replacement of side mirrors will not pose danger to the lives of the drivers and passengers. It will even be a part of their safety measures, he said.
Meanwhile, the group maintains that there is no question with the LTO's directive to used to use protective gears when riding motorcycles. However, there should be clear cut instruction regarding the wearing of helmets and there must be consideration on the imposition on the use of other protective clothing as stated in the AO.
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, 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.
Pesina observed that the drivers understand that importance of using protective devices to protect themselves.
Earlier, LTO regional director Gerard Camiña said they will be implementing AO 2008-015 starting September 1 despite strong protests from motorcycle owners.
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.