I am inclined to seek a permanent injunction against
this LTO regulation (AHS-2008-015)because, it seeks
to ram through our throats certain provisions which
are not only unclear, but absurd, illogical, impractical,
and not applicable to local conditions.
This LTO regulation was crafted without consulting a cross section
of Philippine society, particularly the economically marginalized.
Take for example the requirement for helmets. The LTO regulation
states that: “Standard helmet” shall mean the protective
helmet approved by the Department of Trade and Industry (DTI)
with PNS-UNECE 22 marking.
Now what animal is this “PNS-UNECE 22? Does any one know
what this mean? I myself didn’t know this, until I had to research its
meaning in the internet. PNS means “Philippine National Standard”
UNECE means “United Nations Economic Commission on Europe”
According to an article from the Business Mirror: “The PNS/
UN ECE 22:2007—Uniform Provisions Concerning the Approval of
Protective Helmets and Their Visors for Drivers and Passengers of
Motorcycles and Mopeds—specifies the standard requirements and
test methods for protective helmets for motorcycle and mopeds
drivers and passengers with or without sidecar. It also applies to
visors fitted to such helmets or intended to be added to them.”
This regulation is rammed through our throats without a deliberative
process so all stakeholders can participate.
This is undemocratic. Look at the provision on “protective devices”:
“Protective devices” shall include helmet, goggles, leather boots and
protective clothing such as heavy pants, heavy jackets, leather gloves
and rain suit.
What is meant by “heavy pants”? What is meant by “heavy
jackets”? Do we have to weigh our outfits—pants and jackets—
before we drive our motorcycles, so as to be compliant with the
And there is an addition: “rain suit” So try to imagine yourself,
complying to the letter with this absurd LTO regulation. Try imagining
yourself wearing a helmet, goggles, heavy pants (is the regulation endorsing
Levi’s jeans?), a heavy jacket, leather gloves and leather boots,
plus a rain suit.
How would you look? There is another LTO provision that
requires motorcycle drivers to turn on the headlight anytime of the
day while in the highway (Section VIII).
Why will you turn on the headlight at high noon? Can somebody
explain that? Next, there is a provision in the LTO that says: “Any modification
of the original standard design of a motorcycle or scooter shall
first be subject to the approval of LTO and the DTI.” Isn’t the motorcycle
I have to ask permission from the government if I want to do
something to my private property? Suppose I want to place a basket
on the front of my motorcycle below the headlight, where I can
place books, grocery items, so I wouldn’t be holding them while
driving. Do I have to ask permission from the government/LTO?
Suppose I want to install an anti-hand perspirant around the motorcycle
grip, because my hands easily sweat. Do I have to ask
permission from government/LTO? Suppose I want to install a
muffler to lessen the noise of the motorcycle. Do I have to ask
permission from the government/LTO? No, I still won’t call this
LTO regulation stupid.