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the new LTO “MODIFICATION” Law: An Open Letter To Senator Chiz Escudero
By The Mouse Potato | August 5, 2008
you can check the original thread HERE
This new LTO law that has been circulating for a while is very discriminating for us people who use bikes as a regular form of transportation…
How stupid some law makers are. Making laws out of nothing then letting opportunist grab the money. WTF!
Kindly read and support the Filipino biking community
Tags: 2008, aftermarket, blog, car, comments, Cops, East Avenue, Filipino, gay, guide, information, job, Kotong, list, LTO, manila, Marikina City, MMDA, Modifcation, money, motorcycle, motorcyclephilippines, Motorcycles & Stuff, mouse, mousepotato, news, office, PBB, people, pet, Philippines, Pinoy, PNP, Senator Escudero, special, textGood day Mr. Chiz Escudero and likewise to your staff as well!
My name is Jobert Bolanos, 32 years old and a resident of ************************************, Marikina City.
I would like to take this opportunity to say that I am a big supporter and follower of Senator Escudero. I have always believed in him and his capacity as a politician. I trust him more than anybody in the Philippine political scene. Hence the reason why I am writing to him about a very important and urgent matter surrounding us.
Anyway, I am writing this letter to inform you of a grave injustice that is hounding the motorcycle community of the Philippines. As a rider, I am greatly alarmed by the injustice and discrimination against all motorcycle users in the Philippines. Recently, a new law prohibiting motorcycle users to improve their motorcycles has been passed by the LTO under Administrative order: AHS-2008-15(MC) which is detailed below:
The paper you see has started to circulate sometime today. It is being distributed by LTO personnel around Manila. We have nothing against a, b, c and e as they promote safer motoring for us on our bikes. It is “d” that is a immensely gray area for us. I will talk about how it is in just a moment.
The order states that this is effective on August 4, 2008, however, the flagging down has started a few weeks back. It started with out any clear and proper information dissemination to the motorcycle community. MMDA traffic enforcers, Police and LTO personnel have started the apprehending of people on motorcycles based on all the rules stated on the order. What’s bothering us is the ruling on “d” is extremely vague and completely baseless. If your asking why, a significant number of bikers have been apprehended all over the metro for the following reasons:
1. Changing of the headlight assembly to an aftermarket design
2. Changing of the rear shock absorbers
3. Changing of the original rims to aluminum magwheels
4. Changing of the tires to wider and better compounds
5. Changing of the footpegs to aftermarket rearsets
6. Changing of the light bulbs to brighter brands
7. Changing of the front wheel fairings to an aftermarket design
8. Changing of the brake discs to a larger diameter for more accurate brakingAnd so on and so fourth. The said basis for the law according to some people from the LTO is said to promote safer traversing while riding. How does changing of the tires to a better rubber compound and brand become unsafe? How does making the road in front of us appear brighter become unsafe? How does improving the suspension of the motorcycle unsafe? And the list goes on and on.
As you can see, this has really left a huge gray area and has been subject to unscrupulous activities and questionable reasoning behind the order to flag us down for these “modifications”. What’s worse is that this has been subject into a means for unlawful MMDA traffic enforcers and “kotong” cops as a stepping stone for abuse.
A few bikers have already spoken about their experiences when they were apprehended because of the modifications on their bikes. And it has been seen that the people apprehending the riders are using this in order to scare the biker and put money (lagay) into their pockets.
If an LTO field operation takes place, riders caught are ticketed and asked to redeem their licenses at the main LTO office in East Avenue. Riders then go to the LTO office only to be surprised that the supposedly Php2,000 fine has increased to Php4,000 as described by one biker who attempted to redeem his license.
Our main concern here is that this is a new law. And new laws should not affect those who have already modified their bikes in the past. It is now the job of the LTO to ask and provide guidelines to each rider on what they can or cannot do to their bikes during registration. And if the vehicle fails inspection, then it doesn’t get registered. What they are doing is they suddenly impose a law and immediately put pines over our heads. Fines that are no joke to people who use their motorcycles as a means of cheaper transportation and even as their Livelihood.
Another concern is that the basis for making the modifications that are intended to improve/enhance our rides has been made into a reason to flag us and fine us. Isn’t it in our right to do what we want to our own property given that we do not cause harm to anybody besides and including ourselves? Now, they have taken away that right and they are putting us on a leash.
And what’s adding insult to injury is that they are doing this movement on motorcycles alone. Cars who are modified themselves are not being flagged down nor inspected on check points. So we can’t modify bikes but others can modify their cars, SUV’s, jeeps and trucks? This is discrimination. This is injustice. How in the world can they expect us to respect these new rules when we are being singled out just because we ride motorcycles?
They never gave this an opportunity to be clarified and put into discussion with motorcycle groups and experts. They just thought of it, laid it down the table and started the order. No information dissemination besides a few interviews on the radio and Television. We never even saw this on the newspaper. And there aren’t anything posted on MMDA’s or the LTO’s website about these violations and their corresponding fines.
Let me quote a post from the Motorcycle forums:
“this LTO guideline should not be applicable to those motorcycles that were already modified before the passage of this “guideline”. sorry, i haven’t read the entire guideline. just basing my reaction on the TS’s comments.
Generally, laws should have only prospective application unless they are favorable to the offender who is not a habitual delinquent. Now, does the prospective rule cover only penal laws enacted by Congress? Will it not apply to penal circulars (like the LTO’s guidelines)? the answer is YES.
There is this Supreme Court ruling that upholds the prospective rule will also apply to penal circulars.In the case of Co vs. CA, October 28, 1993, it was ruled that this Circular cannot be applied retroactively because petitioners cannot be faulted for relying on the earlier official pronouncement of the Secretary of Justice that guarantee checks issued prior thereto are not covered by said Circular. That decision added that the principle of prospective of statutes, original or amendment has been applied to administrative rulings and circulars, and to judicial decisions which although in themselves are not laws, are evidence of what the laws mean, this being the reason why under Article 8 of the New Civil Code, judicial decisions applying the laws of the Constitution shall form part of the legal system.
The LTO is an administrative agency. It can exercise quasi-legislative powers by issuing circulars and memoranda with penalties. Thus, the above-mentioned case (Co vs. CA) will readily be our defense that such “Guidelines” of the LTO with the corresponding penalties shall not apply to those motorcycles that were already modified prior to its implementation.
If owners of motorcycles will modify theirs, after such effectivity/implementation, then they should be the ones who will be penalized. Good faith is not a defense when you say, i did not know of the law. i have never read of it. “Ignorance of the law excuses no one.”"
As much as I would like to write more in this letter, I believe that a meeting would be a better way to explain all this and provide you with more information. May it be with you or anybody in your department who is willing and open enough to hear us out. As far as we bikers are concerned, this is an act of unlawful harassment, injustice and discrimination against us motorcycle owners and riders.
And we strongly believe that there is more to it than meets the eye. And most especially, there is a wider effect that branches out not only to the motorcycle owners and users, but to the businesses and their people who make a living in providing us the parts that we use to replace, improve or enhance the parts and the overall performance of our bikes. Sad to say, to the LTO, MMDA and PNP, it’s plainly generalized as “modifications”.
I would like to shed more on the issue but, I think it would be better if you take a look at my blog first since I started it because of the so called order that the LTO has been using against us.
You can find my blog here: www.bikerpinoy.blogspot.com.
You can also find more discussions about the issue on the forums of www.motorcyclephilippines.com.
If you can find the time to speak with us or have somebody meet with us, you may contact me at ******* or 09152941987. And we will be glad to answer all your questions about this matter.
Thank you and more power to you senator and your staff!
Cordially,
Jobert Christian G. Bolanos
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August 28th, 2008 at 3:55 pm
Nobody could have said it any better. I would like to personally thank you for taking time in writing this letter. We(Bikers)are hoping for a fruitful outcome of this endeavor. The bikers community here in davao are in great need of somebody as knowledgeable as you. If you dont mind sir we will use your letter and quote you in our future gatherings and meetings.
Daghang Salamat sa inyo Sir..
September 1st, 2008 at 3:05 pm
Onizuka Eikishi… Taga davao ka pala? taga thailand ka naman… hahaha…
Mr. Eikishi well said. hope Sir Escudero will give time regarding about our sentiments. please sir we are much thankfull if this letter given action.
September 2nd, 2008 at 9:29 am
LTO urged to clarify new regulations for motorcycles
A LOCAL group of motorcycle enthusiasts called on the Land Transportation Office (LTO) to clarify the new regulations for motorcycles and the operations that the agency will soon implement.
They also requested that LTO defer the implementation of the new directive pending clarification of the regulations.
In a letter to LTO-Southern Mindanao Regional Director Gomer Dy, the Davao Agila Riders said they only came to know about the new regulations through news reports, hence seeking clarification in behalf of motorcycle riders.
One of the points raised in the letter was that of a standard helmet.
“It was announced that a “Half-Face Helmet” is not the standard equipment for motorcyclists. Is this true? If Yes, please cite the exact provision under the law or directive to this effect, as well as definition provided by law on what a standard helmet should be,” wrote Agila Riders president Daniel Sunga.
“On loud pipes, How loud is loud? Does LTO or similar government office has a device to gauge or measure the pipe’s loudness? Is a noise-free motorcycle safer on highways? Most electric motorcycles do not make any engine sound such that manufacturers have to install speakers and other gadgets to produce sound to warn pedestrians and other motorists of the oncoming motorcycle,” he added.
The group also raised an issue on motorcycle modifications.
“Modification of motorcycle would require permits from DTI, as per news releases. Please quantify the word modification. Will changing a sparkplug not recommended by the manufacturer considered a modification? Change of rim size? Change of fenders, handlebars, gas tanks, etc. considered modification? What are the parameters of a modified motorcycle?” Sunga asked.
Sunga said they fear that this might lead to corruption and more red tape if permits must be secured.
“Queries were made by us to the Department of Trade and Industry (DTI) regarding the procedure to secure permits for modified motorcycle but even their personnel were at a loss because they themselves is yet to receive official directive on this matter,” he said.
Sunga also queried why motorcycles are being “singled out.”
“We know for a fact that cars are being modified and now have bigger rim size, after market steering wheels, loud pipes, spoiled and side skirts but there seems to be no permits to be secured from any government office,” Sunga said.
Sunga added that their questions are being raised for clarification to guide motorists accordingly. (GLP)
(August 31, 2008 issue)
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September 17th, 2008 at 3:45 pm
Sangayon ako sayo Tol, pinaghirapan ko at ginastosan pa yung motor ko para lang gumanda at mas safe sya. Lat year ko pa pina modify bike ko. Paano ko ibabalik sa dati orig. nya? So gagastos na nama ako ulit.
Bat di nalang nila bigyan importansya yung mga driver na nag mamaneho na naka cellphone? o yung mga sasakyan parang Bulkan pag bumubuhos nang usok.
Ride safely,
Jhay of Cebu
September 19th, 2008 at 6:49 am
tama nga kayo… maraming bagay ang dapat bigyan ng pansin sa kalsada sa araw araw. Ang pinaka ayaw ko sa lahat eh ung mga bwusit na bus at jeep na yan, pati mga private vehicles na kung umusok eh parang chimney ng pabrika… haays, tapos ung mga motorized sidecar/tricycle na kung mag karga ay sobrang overloaded na tapos ala pang ilaw sa gabi pero nakakadaan sa mga main road. eh dapat may rehistro na rin sila kasi nga may makina sila at di hamak na mas malakas pa sa makina namin… ung mga opisyal na yan ng LTO eh nanghuhula lng ng batas na ilalagay nila… ang init ng mata sa mga naka motor.. palibasa sa gobyerno nila kinukuha ang pang gasolina nila araw araw… HOY!!! kung di kami nagbabayad ng buwis ala kayo sweldo pati ung waldas na gasolina nyo!!! ang taas na nga ng gasolina eh pinahihirapan nyo pa kami…
September 22nd, 2008 at 8:42 pm
tama kayo mga bosingbakit hindi nila pansinin ang mga corrupt na mga tao at nangungutong…..hindi naman natin ninakaw ang mga pyisa sa ating motor….ride safely
SIMPLENG RIDERS OF CEBU
September 26th, 2008 at 2:18 pm
Mga brad para taung mga criminal na palaging umi-iwas pgmay-nag.operation para d lng mahuli,,,kaya pala mahirap pa-unlarin ang bayan natin ka c may mga taung mga nkaharang tulad ngaun wala na ba taung karapatan na bagohin ang kng anu meron tau,, ba’t sila pa ang may karapatan. Ang importante nkarehistro at may licensya ang nkadala ng motor…. sobrang manhid nila kng d nila napansin…..& dats it
SIMPLENG RIDERS NG CEBU
September 26th, 2008 at 3:01 pm
mga bossing yaang motor ay parang damit natin na kng saan natin pwdeng putolan ay pwde..tzka yan mga ugok na andyn di naman yan nag bigay ayoda sa pagpaganda ng ating m2r…bkit???? ala nabang laman ang bulsa nila!!!MGA BOSSING MAY KARAPATAN LNG CLA PAG CLA ANG TUMU2GON SA MGA SPARE PARTS AND GASOLINA ng motor natin….hoy gising!!!!bat di nyo unahin mga public jeepny smoketest noy lahat yan tska may mga modified rin na sasakyan paki alaman nyo kaya!!?? SA TINGIN KO HINDI NYO KAYA TAKOT KAYO KNG YAN PAKI ALAMAN NYO DI NYO KAYA…..magaling lng kayo sa mga ordonaryong tao…. MAY KAIBAHAN BAH YUNG MODIFIED MOTOR AND MODIFIED CARS????????
September 26th, 2008 at 6:59 pm
UNAHIN ANG MGA JEEPNEY NA BULOK!!!
September 26th, 2008 at 8:47 pm
why they set a law regarding the motorbikes modifecation …in that case we have no freedom to do what we want in our own property do we have to ask permission to the corrupt government?…
September 29th, 2008 at 3:03 pm
nakakainis ang mga peste na yan! eh pati ba naman naka chinelas huhuliin.. Eh paano kung pupunta ka sa tsangi? dapat ba naka full gear ka?
October 6th, 2008 at 2:32 pm
gumawa lng ng batas ang LTO para may dagdag na pagkukunan cla ng makokotongan…gumagawa lng ng offense n di nmn dapat… ang bobo talaga ng nsa gobyerno puro mga panis ang utak…mga style bulok… ang daming pwede pagaksayahan ng panahon para ayusin mga saksakyan n bumubuga ng katakottakot na maiitim na usok yun ang pagtuunan nyo ng pansin mga bobong LTO kau… mga bulok talaga gobyerno natin…basura mga nasa posisyon
October 8th, 2008 at 10:38 pm
pagnadisgraya nmn tyu kahit peso wala cla binibigay
asr tlaga.hindi kc cla ang mapwersyu sa batas nilang bulok.gumagawa ng sulosyun pero bobo nmn ang layu sa problima. palibhasa hindi cla marunonmg mgmotor kya hnd nla alam kung ba anu ba talaga ang dpat gwin.bat paghindi mo set-up ung motor mo hindi kana madisgrasya maganda yan mga bobong LTO LYU SA KATUTUHANAN UNG MGA PINAG GAGAWA NYU. KUNTI NMANG LOGIC SA UTAK NYU NAKKAHIYA KYU.