Tuesday, September 30, 2008 DTI questions lack of guidelines
DEPARTMENT of Trade and Industry (DTI) officials are questioning the implementation of a law regulating helmet standards for motorcycle riders despite the absence of a set of guidelines.
DTI 7 Director Asteria Caberte said that the Land Transportation Office could not yet impose the helmet requirement because there are still no implementing rules and regulations (IRR) on Administrative Order (AO) AHS:2008-15, which supposedly sets the rules and regulations for the use and operation of motorcycles in highways.
She said that under the law, only the DTI’s Philippine National Standard (PNS) is authorized to set the product standards for helmets.
The DTI’s Bureau of Product Standards (BPS), for its part, also said it was not consulted in the implementation of the AO, of which the LTO was tasked to first come up with an IRR.
“The LTO AO AHS-2008-15 was implemented without consultation even (the) BPS was not able to get officially neither draft nor final copy of the…AO,” said BPS Director Jesus Motoomull in a letter to DTI Undersecretary Zenaido Cuson-Maglaya dated Sept. 3.
Because of this, City Councilor Sylvan Jakosalem, Council committee on transportation chairman, asked for an “indefinite deferment of the implementation of the AO…and until such time that a comprehensive consultation process will be in place involving stakeholders.”
“In addition, it is humbly suggested that massive information drive will be launched after all the concerns will be ironed out,” he said.
DTI Cebu Provincial Director Nelia Navarro sent LTO 7 Director Raul Aguilos a copy of the letter Wednesday last week.
In the Sept. 1 meeting, which LTO Chief Alberto Suansing attended, Motoomull said the LTO was told to first develop the IRR for AO AHS:2008-15.
The LTO, Motoomull said, agreed to issue a memorandum to defer the implementation of the clauses on saddle bags, wearing of helmets and visors and modification of motorcycle parts without standards for parts.
However, the LTO said it will soon issue a clarificatory order to address the “gray areas” on the AO.
But Aguilos urged local officials who are concerned about the rules and regulations of the AO to file a petition or submit a position paper to Suansing and Transportation and Communication Sec. Leandro Mendoza.
The order imposes a fine of P500 to P1,000 on drivers who are caught wearing slippers, sandals or flip-flops, or those caught without footwear while operating a motorcycle on a road or highway.
A P2,000 fine will be imposed on drivers who modify any part of the original design of their motorcycle or scooter without approval from the LTO and the DTI.
For failing to wear the prescribed helmet, the driver can be fined up to P1,500.
Jakosalem said the LTO has been inconsistent in imposing AO on motorists.
“I wrote the letter because of the complaints of the public on the implementation. Ingon full-face (helmets), dili na pud kay pwede open helmets. Banned ang shorts, pwede ang shorts, dili pwede tsinelas, pwede na sad. They have to iron out the inconsistencies,” the councilor said.
Motoomull also said that they agreed that the DTI will issue the AO in the enforcement of the law involving mopeds (modified motorcycles) that do not use standard parts.
Jakosalem got hold of a copy of the letter and Navarro’s endorsement and supported the move.
In a letter to Aguilos yesterday, he argued that there are conflicting views in the implementation of the AO.
He also said that while the goal of the AO is commendable, complying with it means additional burden to motorcycle users who supposedly use them because of their convenience and economic viability.
Among others, motorcycle users are required to wear suits, heavy jackets, leather gloves, goggles and riding boots.
Jakosalem said the jacket, in particular, “does not sit well with our weather condition.”
He said implementation of the AO, especially with the lack of an IRR, resulted to “widespread confusion and anxiety…amid the conflicting views of various quarters in the
interpretation of the said order.”
Caberte, for her part, said the required helmet has already been developed and passed the PNS standards but it needs to be in the IRR.
Caberte said that the request of the DTI for LTO to hold in abeyance the implementation of the AO was made in a meeting of higher level officials of the two agencies last Sept. 5.
Caberte was surprised when she received reports that the LTO is implementing the AO based on their own standard.
“What standard are they talking about? Only DTI-PNS can set the standard under the law,” Caberte said.
But Aguilos said that they were only following orders from the top officials and they did not want to be accused of insubordination.
“However, we tempered the implementation with humanitarian considerations,” Aguilos said.
Aguilos also urged radio commentators to read the AO first because attacking LTO because the order is intended for the good of the motorbike riders.
He added that requiring the approval of LTO and DTI before an owner can modify his motorcycle is also for their own protection to ensure that the unit will not endanger anyone.
Aguilos said that contrary to some reports, motorcycle drivers are allowed to wear short pants or slippers in secondary streets. They are only banned from doing so in national highways. (EOB/RHM)
