Sun-Star Davao: Motorcycle law not apt for Pinoys, Duterte says

DAVAO CITY, Philippines – Davao City Mayor Rodrigo Duterte urged the Land Transportation Office (LTO) to revisit its administrative order against motorcycles. Duterte said it is apparently just copied from laws on motorcycle-riding in highly developed countries and is not customized for the Philippines. "Maparehas lang 'ni sa Juvenile Justice Law nga gi-kopya lang [This will become like the Juvenile Justice Law, which was just copied]," Duterte said in his Sunday television program Gikan sa Masa, Para sa Masa. Duterte has been repeatedly rapping the Juvenile Justice Law as it was just patterned after similar laws in developed European countries where facilities for its provisions like diversion are all in place. In the Philippines, where there are no such facilities in place, the juvenile justice law has been blamed for the rise in criminal acts of minors. With regards the motorcycle law, Duterte said some provisions are even unconstitutional, specifically the provision and penalties against wearing of slippers. "Penal and other provisions" of the controversial Administrative Order AHS-2008-015, or the Rules and Regulations for the Use and Operation of Motorcycles in Highways, issued in May 2008 just being implemented now state: "For wearing of flip-flops, sandals, or slippers or being bare footed while operating motorcycle or scooter on a road or highway, a fine of P500 for the first offense, P700 for the second offense, and a fine of P1,000 and revocation of driver's license for the third offense." Other than the question on constitutionality, Duterte said the AO was also implemented too soon and too fast. He said the drivers were given so little a time to comply with the provisions. "The modification orders are just too sweeping and too close for comfort. This is the reason why I called for a meeting with the LTO and some group of bikers to discuss the matter and find a solution to the problem," Duterte said. Under the AO, modifying a motorcycle without approval of the LTO and the Department of Trade and Industry (DTI) carries a fine of P2,000. What he found ridiculous was the apprehension of motorcycles suited up with big baskets on both sides (kaing or bukag), which for so long has been part of the Philippine landscape. "Bata pa ko diha sa Juna, ang mag-deliver og tinapay, mao na man na. Ang gidakop karon mga anak na na [Even as a young boy, motorcycles with big baskets were the ones delivering bread. Those being arrested now could be the children of those who were delivering bread before]," he said. Carrying luggage carriers other than saddle bags approved by the DTI, just like carrying more than one passenger as a back rider, carries a fine of P1,000. Drivers of motorcycles with defective accessories such as headlight, tail light, signal light, brake light, side mirror, and horn will be fined P1,000. The howl of protest raised when LTO implemented the order was why Duterte met with the LTO and it agreed to impose a moratorium on the implementation of the order until such time that the national office sends clear guidelines. He made it clear that he is not blaming the LTO employees who have been arresting motorcycle drivers of late, since they are just doing their jobs. It's government who has a hand on this, he said, and LTO is just implementing it. "Parehas ra man mi niana nga mga trabahante ng gobyerno [I'm just like them. We're government workers]," he said. Duterte, however, warned riders that eventually, the LTO order must be implemented and that everyone must follow it. "Ang sugo sa gobyerno maoy matuman, walay duda na (What the government orders should be followed)," Duterte said. The mayor said there are provisions in the LTO order that he is fully supporting like the use of a full-faced helmet when driving. Duterte revealed that eight out of 10 fatalities in motorcycle accidents could have been prevented had the driver or passenger worn a protective helmet. The AO provides for a fine of P1,500 with accessory penalty of the driver/rider attending a traffic safety management seminar to be conducted by the LTO for any driver or rider caught not wearing the prescribed helmet. Duterte also made a comment on the protective device required for motorcycle drivers, specifically the protective clothing, which is not appropriate for the Philippine climate. "Kanang full suit na rubberized, ingnan 'ta mo, kung musul-ob ko niana, pag-abot nako ug Tagum, naprito na ko,/i> [That full suit with rubber lining? I tell you if I use that while driving, I will already be fried to a crisp by the time I reach Tagum City]," he said. The "protective devices" that Duterte was referring to is indeed in the glossary of terms of the AO, but nowhere in the provisions was it referred to. The provisions only referred to helmets and proper footwear. Under the AO glossary of terms, protective devices "include helmet, goggles, leather boots, and protective clothing such as heavy pants, heavy jackets, leather gloves and rain suit." - Sun-Star Cebu