Seares: Stop the Angkas. Get off until Congress will change the law

LAST Jan. 24, at the hearing of the House committee on transportation and public order and safety, two Cebu lawmakers—Raul del Mar and Ramon “Red” Durano VI—suggested that “habal-habal” or motorcycle-for-hire business be regulated, instead of banned and outlawed. Cebu City Mayor Tomas Osmeña, calling for “autonomy,” argued that motorcycles are the only means of transportation in far-flung areas and local governments know better how to regulate their operations.

Only as private vehicles

All of them know that under the law (Republic Act 4136 or Land Transportation & Traffic Code), motorcycles can be registered only as private vehicles.

In November 2017, when LTFRB, the franchising and regulatory board, shut down Angkas, the same reason was used: under the law, public transport using motorcycles and collecting fares is illegal. Since they are illegal, they cannot be regulated, neither by LTFRB nor the local government.

The current threat to arrest motorcycle drivers, fine them and seize their vehicles invokes the same reason: there’s the law. The Supreme Court ruling Wednesday (Dec. 12), which stops by TRO a Mandaluyong Court that bars authorities from meddling with Angkas operations, relies on similar legal support.

Public welfare

Angkas, which employs an app to serve its riding public (pretty much like Grab or Uber), is likewise illegal. The technology it uses does not lend legality or legitimacy.

It is thus wasteful to talk about regulating “habal-habal” or the organized, better equipped Angkas. Public welfare is the supreme law? Public welfare is promoted by the ban on motorcycles-for-hire that have been found to be “unsafe” and provides “no protection, no insurance, no training of drivers, and no accountability.” That carries more punch than the argument of convenience for passengers in a hurry and want to beat the traffic.

And who and what determine which is more protective of public interest? Congress does, through its laws, which it passes after study and consultation. Del Mar and Durano know that. They may initiate amendments to the law or, as suggested by Mayor Tomas, delegate the power to local governments.

Debate on merits

Figures in Metro Manila say majority of its accidents involve motorcycles. And how much do motorcycles contribute to traffic congestion? Since they fill the need for transport in far-flung areas, should they not be limited, if allowed to operate, to mountain barangays and side streets, and not help clog up principal arteries of the city further?

The point is that all the talk about merits of allowing Angkas and habal-habal may be reserved for the debate before each house of Congress votes on the bill, if such a bill has already been filed.

Hooking up

With the campaign season in high blast already, politicos try to tap votes by projecting themselves as champion of the motorcycle drivers. Some commuters may opt to ride on the issue and use their vote to help keep the habal-habal.

Meantime, if they cannot wait for the regulatory law and must take the risk, a couple of Hail Marys each ride might help. A persistent urban tale though is not about being injured in a habal-habal accident but of women passengers hooking up and getting hitched with motorcycle drivers.

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