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By The Bohol Standard

Motorcycle owners in the province howled in protest against the proposal of the provincial board or the Sangguniang Panlalawigan to enact an ordinance requiring presentation of two motorcycle helmets with Import Commodity Certification (ICC) or Philippine Standard (PS) stickers as a pre-condition prior to registration with the Land Transportation Office.

“We have already suffered too much in the sticker fiasco of the new helmet law, now a proposal is again hatched to make the public suffer more. What kind of government we have,” a town resident who declined to be named lamented.

“Provincial board members should instead make legislations that will ease the burden of motorcycle users; like bringing down or regulating of fuel costs and the reduction of penalties of those not wearing helmets,” the howling public said.

Separate interviews on several motorcycle owners showed strong condemnation against the planned move. Motorists consider such requirement as another burden to the public now reeling under sky-rocketing costs of commodities, electricity, water and almost every basic daily need. None of them favoured it.

The Land Transportation law regarding registration of motorcycles does not require presentation of two helmets. Republic Act 10054, otherwise known as the Motorcycle Helmet Act also does not mention of a requirement for a motorcycle owner to have two helmets as registration requirement.

LTO Tagbilaran District head Joel Maloloy-on said his office will continue to implement the national law regarding registration of motor vehicles under existing guidelines and will not insist on such 2 helmets requirement, unless the law itself is amended.

ANTI-POOR?

Public sentiments cited motorcycles as “an ordinary man’s vehicle” and is the most common mode of transportation, not only for affordability but also for being fuel cost-effective, used by owners and families, most of them marginal earner.

LTO Tagbilaran head Maloloy-on said, no such requirement (of 2 helmets) for registration of motorcycle units is provided in the national law. He said, “maybe it can be done if that is what the provincial board wants here in Bohol but it must have some sort of Memorandum of Agreement between the province and the LTO. They cannot implement such ordinance, if ever it’s passed, without such agreement.”

Maloloy-on said that this is the first time he heard of this kind of requirement as far as motorcycle registration is concerned. He said, he will bring this concern to the regional office for proper guidance on the matter.

MORE CONFUSION

The proposed ordinance (requiring 2 helmets) was approved by the SP during its first “paper-less” session recently following the joint report of the committees of trade/industry and peace and order rendered by Board Member Atty. Venzencio Arcamo. “To enact an ordinance requiring presentation and registration of two proper motorcycle helmets with ICC stickers as condition for registration in the LTO,” said the joint committee report.

The joint committee report prior to its adoption by the SP considered the manifestation of BM Godofreda O. Tirol relative to the required helmet under RA. 10054 or the Motorcycle Helmet Act that recently also generated public protest.

Tirol earlier has brought to the attention of her colleagues the issue on helmet enforcement in an instant privilege speech.

The joint report found that “no systemic process is being published or disseminated to the public regarding the helmet law for the people to follow and that instructions regarding the implementation of the said law are difficult to understand.”

It can be recalled that mounting complaints and criticisms against the prescribed helmet law enforcement prompted DTI Bohol office to suspend the sale or dispersal of ICC sticker. The office sold the stickers at PhP 1.25 each and collected processing fee of PhP100 for inspection of standard helmets. Such fees are not present in the helmet law.

But DTI said in its advisory issued Friday that it “is waiving the collection” of the aforesaid charges but only up September 30, 2012. “Based on the DTI Consumer Welfare and Business Regulatory Group (CWBRG)-Regional Operations Development Group (RODG) joint memorandum, the DTI regional offices are given the authority to refund fees collected since it started implementing Clause 5.4 of the Department of Transportation and Communication (DOTC)-Department of Trade and Industry (DTI) Joint Administrative Order No. 1:2011,” said the advisory. It then refunded to the motorists who already paid the sticker and processing fees.

Using protective head gear while driving a single motorcycle has been strictly enforced by the LTO. Helmets should have a prescribed ICC marker based on said law.

The helmet law, when fully implemented in January 2013 carries stiff penalties of a fine of P1,500 (first offense); PhP3,000 for 2nd offense; PhP5,000 for 3rd; and PhP10,000 plus confiscation of driver’s license in succeeding offenses. Motorcycle riders must wear helmets that has ICC of Philippine Standard label, the said law provides.

A fine of not less than PhP10,000 but not exceeding PhP20,000 is also imposed against the store or sellers of helmets that do not have ICC or PS marker. (With reports: RVO)

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