Scooter sa slex? pwede b dumaan?

[badsekktor]

April 16 - June 24 2003
MMDA Supports the Writ, cancelling a ticket issued to a rider on Coastal Road tollway.
On April 11 2003 one of our members riding a 175cc bike on the coastal road was stopped by a coastal road officer. The rider showed the officer the "anti-apprehension kit" and explained that the officer was in contempt of court but the officer ignored the advice and issued a ticket for disregarding traffic signs. The violation was contested by the rider and since then the MMDA have been passing the case to higher and higher levels as each level said the ticket should be cancelled. On June 24, the final decision was issued saying that the writ of preliminary injunction stands and therefore motorcycles are legally allowd to use the coastal road tollway. It is likely the officer will be charged with contempt of court and other charges.

June 16 2003
In an Order dated June 16, 2003, Judge Cristina Cornejo of the Makati City Regional Trial Court, Branch 147 has denied the Motion for Partial Reconsideration filed by the petitioners with respect to the Decision rendered on March 10, 2003 declaring DPWH DO 123 (i.e., the sub-400cc ban) illegal and upholding the total ban on motorcycles within the tollways. This surprise decision is a completely opposite view to that of the previous judge who declared the ban illegal and void.
The petitioners have now passed the case to the supreme court.
Senior government officials who have been reading the news on Motorcycle Philippines have said that they have no problem with bikes on the freeways but it appears there are political issues because some bikers wanted to support the now defunct DO123 that bans bikes below 400cc. For this reason they would prefer not to do anything until after the elections.
We know there are no political issues whatever and that the only reason some wanted to support DO123 was because they were happy to sacrifice the safety of sub400cc riders in order to stay on the freeways themselves.

What The Law Says
Under the law, the only entity allowed to regulate a limited access facility is the DPWH. The law that gives the DPWH this power is Republic Act No. 2000, also known as the Limited Access Highway Act which was approved on 22 June 1957 by Congress.

As an executive body, the DPWH is tasked to implement rules and regulations consistent with the intent of R.A. 2000. It tried to do this with the Revised Rules and Regulations Governing Limited Access Facilites. However, R.A. 2000 never mentions motorcycles explicitly. R.A. 2000 does allow certain vehicles to be banned from limited access facilities and it mentions these quite explicitly: A limited access facility "may be parkways, from which trucks, busses, and other commercial vehicles shall be excluded; or they may be free ways open to use by all customary forms of street and highway traffic."

The prevailing legal opinion is that before motorcycles can be banned from any limited access facility, the DPWH must first ban the more accident-prone "trucks, busses, and other commercial vehicles" and, after doing so, must then prove that motorcycles fall under the same category as these vehicles.

Obviously, this is not the case. But there is more to it than just R.A. 2000 and the DPWH implementing regulations. How does the TRB enter into the picture? Well, curiously enough, a limited access facility is not necessarily a tollway and a tollway is not necessarily a limited access facility, and R.A. 2000 gives no power to the DPWH to delegate its authority to another government entity (especially one that reports directly to the Office of the President as the TRB does as decreed in Executive Order No. 67 dated 26 January 1999) but that's exactly what happened.

It turns out that on 5 April 1993, the DPWH issues Department Order No. 74 which designates the South Luzon Expressway, Nichols to Alabang sections, and the North Luzon Expressway, Balintawak to Tabang sections, as limited access facilities "subject to such rules and regulations that may be imposed by the DPWH thru the Toll Regulatory Board (TRB)". Take note that the limited access facility is identified as only a section of both the North and South Luzon Expressways and the TRB is given no authority to extend this.

In 1997, when the TRB issues the Revised Rules and Regulations on Limited Access Facilities, it conveniently oversteps its original and already questionable authority granted by the DPWH-under Article I of the order, the following statement is made: "The Toll Regulatory Board (or the Board), in accordance with Department Order No. 74, hereby declares the North and South Luzon Expressways, including the Balintawak to Tabang Section of the North Luzon Expressway and the Nichols to Alabang Section of the South Luzon Expressway, as Limited Access Facilities or Expressways".

In a single, possibly illegal declaration, the TRB extends the limited access facilities to include the entire North and South Luzon Expressways! The Coastal Toll Road connecting Manila to Cavite, a road which motorcyclists have safely traversed for many years, would also be declared a limited access facility sometime in 1998 or 1999 thereby preventing all motorcyclists from using it.

Motorcycles are Dangerous?
The Government wants us to believe that in banning motorcycles from the tollways, it is upholding public safety, but here is the real story: · Any rule or regulation claiming itself to be in the interest of road safety must meet the standard of a valid countermeasure. The expressway ban on motorcycle operation does not meet this standard. In traffic safety parlance, an effective countermeasure is any action, measure, or step taken that leads to a quantitative reduction of accident or injury risk associated with the use of any type of vehicle by specifying a minimum or maximum standard for vehicle operation.
Looking again at the Revised Rules and Regulations on Limited Access Facilities issued by the TRB, we see that the following vehicles shall not be allowed on the expressways at any time:

1. motorcycles, tricycles, and bicycles
2. vehicles being towed
3. dilapidated vehicles or those with defective components
4. smoke-belchers
5. trucks carrying uncovered construction aggregates
6. vehicles carrying unfastened cargo
7. trucks exceeding a maximum gross vehicle weight

As can be plainly seen, restrictions #2-7 refer to standards for vehicle operation and are therefore valid countermeasures. A vehicle that is immobilized (#2), dilapidated (#3), smoke-belching (#4), carrying uncovered or unfastened cargo (#5-6), or overloaded (#7) may be fixed/corrected to conform to the standard. With restriction #1, what opportunity exists to correct the fact of the motorcycle being what it is, a motorcycle? · The ban on motorcycles, does not define a standard for vehicle operation but is merely an absolute restriction on use that implies motorcycles, no matter what their condition or capability, are far too dangerous for use on public roads, a concept clearly inconsistent with the registration of motorcycles and the licensing of motorcyclists by the LTO and the fact that motorcycles are legally allowed to operate on all parts of the public road system with the exception of the expressways.

In addition, the ban, whether total (all motorcycles) or partial (sub-400cc), cannot be said to lead to a quantitative reduction in accident or injury risk to road users as this merely relocates where motorcycles are allowed to operate as an alternative to operation on the expressways. In fact, we assert that the ban actually increases the risk of accident or injury to all road users (motor vehicle occupants, bicyclists, and pedestrians) by forcing an entire group of road users (i.e., motorcyclists) onto roads where the actual number of road hazards is greater.

On the expressways, by design, traffic movement is highly predictable to all road users due to the one-way or uni-directional flow of traffic within a very narrow speed range. On the alternative access roads, any road user must contend with a wider range of traffic (not just motor vehicles but pedestrians, bicyclists, even animals) moving in the same direction, in an opposite direction (adjacent opposing lanes), in a perpendicular direction (intersections and driveways), and, at times, even random directions over a wider range of speeds.

The failure of the ban to improve traffic safety has already been confirmed by the Department of Transportation and Communications (DOTC) in an internal memorandum dated 12 November 1999 from the Road Transportation Planning Division to the Undersecretary of Transportation, stating that the ban is an "unnecessary restriction on the operation of motorcycles which" does "not contribute to highway safety" and is "not in accordance with international norms". International traffic research studies show that motorcycles are far from the most dangerous vehicles on public roadways. This dubious distinction rightfully belongs to commercial vehicles, large trucks and busses in particular, that are associated with traffic accident fatality rates over 50% higher than those of automobiles and motorcycles

source: http://motorcyclephilippines.com/pages/freewaysall.php

sorry for the long post mods! just want to share this

[morrissey_05]

I don't really have anything against motorcycles in the expressway, so long as:

-Drivers wear their helmets. Passengers included.
-They have side mirrors. Most don't, and that's really asking for it.
-They follow traffic rules. Most think that one way or no-U-turn signs does not include them. Goodness.

The LTO should really be strict in granting licenses to riders, considering that a minor collision that would simply dent a car could maim or kill a biker.

i agree with the first part of your post, like what the rider should wear etc.

but as to LTO being strict in granting licenses to riders, i think what works for the goose should also work for the gander. they should be strict with EVERYONE, both riders and drivers.

but then again, this is the Philippines. so what will we expect?

[forbiddensmoke]

tututol ako pag kasama tricycles sa allowed vehicles IF EVER ma-lift ang "ban". siguro kapag may side/rear view mirrors, signal lights at maliwanag na headlights na sila, tsaka kung makakakeep-up sila sa speed limit then by all means OK sila ma-allow.

marami kasi tricycle wala lahat nun, tapos pag may passengers, halos 50kph lang rekta nila.

ehem... sana pala pati mga kotse at iba pang 4+ wheelers meron din signal lights, headlights at rear view mirrors... that would make the philippines a better place... maybe...

[Josh0027]

Coke anyone? :D Anyway IMHO, discipline lang naman sa road rules and traffic courtesy kasi ang kailangan natin lahat. Sa akin lang di pa kasi mature ang traffic discipline sa atin. Madami kasi ako nakikita na mga eng eng na drivers sa expressway na ginagawang race track pag peak hours. Paano kung masagi nila ang mga little two-wheel friends natin? At that situation mas malaki ang risk sa life ng rider... after that... baka mahagip siya ng iba pang sasakyan that are following proper traffic rules.

Sa akin, I prefer na dapat payagan ang mga bikes that have a wider/larger body area and kaya maintain ang speed range, regardless kung ano man ang CC niyan. Kung mababawasan ang mga knuckleheads sa road at maging very clear ang road regulations natin sa issue na ito... ok ako. Sa akin lang ngayon, maiilang parin ako kung may makakatabi akong little bikes that are doing 80 kph side by side with me.

In the future if all of us observe traffic rules... kahit BMX na nag 100 na katabi ko di ako matatako.... peace! My two cents! Drive safely everyone!

[boybi]

i think another reason for banning bikes in the expressways is their visibility. there are times na hindi mo nakikita sa sidemirror yung naka bike, then thinking that the other lane is clear, magchange lane ka, tapos meron palang bike dun. and since nasa expressway, definitely parehong mabilis ang takbo ng both car and bike kaya delikado talaga for bikes.

[badsekktor]

Only in the Philippines!!!!

[badkuk]

damn, this place is starting to look like kotse.com a few years back. wag naman sana.

[draco]

di ba ang 400cc pwede sa expressway. bakit iba ban yung skuter na 500cc?
tanong lang po?

[boybi]

please, let us all just stay in topic.

a 1 week ban will be imposed on those who will post irrelevant matters in this thread. wala ng pahabol na posts to clear something, to defend or rebut a post, etc.

thank you and merry christmas to all!

[city]

IMO, speed and visibility should be the major concern here...scooters should stay in the streets...not in expressways....


merry xmas!

city

[konde]

nag nlex ako kanina, wala akong nakitang naka motorcyle. kasi wala sigurong paglalagyan ng mga na shopping.

[knicks1204]

di ako moderator pero... you guys are off-topic already... cool down.. forums are here for other people's opinions too not just yours...

[eatmydust]

di ako moderator pero... you guys are off-topic already... cool down.. forums are here for other people's opinions too not just yours...

I am not here just to share my opinions. I am here to express the SENTIMENTS of people those egocentric cagers unconsciously discriminated. For us, all of the supposed concerns regarding usage of 110cc "scooters" sa expressways all sound so hypocritical. Seems that it all boils down to their desire to keep the convenience of using the expressways by themselves.

[ILuvDetailing]

I have a feeling that this thread will be closed...

Anyway, it is the law and we should follow it. No use badgering other posters for airing their opinions and beliefs, this is a forum we have the right to air our opinions without insulting others.

If you guys want this to become a MC v.s. cager thing, then I can't stop you even tho you want to just "air your sentiments". I already warned you that this thread will be closed.

[ILuvDetailing]

Again please stick to the topic, and don't pick fights...

both sides have valid points, now its up to the authorities to implement the proper road rules for both Motorcycle and Cars, its one thing to debate but its a whole different ballgame when you call out and make baseless accusations.

Fellow posters pag may nakikipagaway sa inyo wag niyo nang patulan, don't stupe down to their level... leave it to the mods.

[boybi]

i have already made it clear that OT posts in this thread will be banned. irrelevant posts will now be deleted and offending posters banned.

i will not close down this thread as most of the posts here are very informative and opinions of both side very thoroughly expressed.

[mazdamazda]

temporary bans have already been handed out by one of our Head Moderator.

arguing / debating is inevitable in forums but just keep it civil...

[russpogi]

tsk tsk tsk! Sabi na kseng behave boys eh! :badboy:

Anyway, I agree with what Kei2 posted. Right now, there is a law/ordinance with motorcyles (of whatever variant/type) that does not allow the use of the NLEX and SLEX. I suggest we follow what the government mandates as these are implemented for the safety of the riding and driving public.

[luwe]

Maraming mga sasakyan na sana hindi nasa expressway o kahit sa mga open road.

Yung mga overloaded na mga jeep at truck pati na rin yung mga walang side mirror at tail lights. Yung mga rider na walang helmet at sobra pa ang pasahero.

Sa opinyon ko basta kaya ng kahit anong motorsiklo yung minimum speed limit ng expressway at road-worthy siya (ibig sabihin kumpleto sa tail light, side mirror, helmet, etc.) dapat payagan sila sa expressway. Pero sigurado ako na ang mortality rate ng mga motorsiklo aakyat kapag nangyari yan. Dahil nga mas mabilis ang takbo sa expressway kaya kung maaksidente ka doon mas mapanganib kaysa sa highway o side road lang. Ayon yan sa mga pagsusuri ng mga eksperto at totoo yan sa kahit anong sasakyan kotse man o motorsiklo.

[badsekktor]

Just to make it clear guys! There is no law legalizing the sub-400 cc ban on the expressways. The PNCC Lost the case against the supreme court about the ban already.
-Not all types of vehicles should be aloud in the expressways. We just want our expressways to impose sensible bans and not outrageous bans.
-if you hit a pedestrian inside the expressways, I believe you would still be liable even though they are prohibited inside the tollways. Same as hitting sub 400 cc riders inside the expressways.