Thursday, December 1, 2011

Case delays... What causes them?


"Justice delayed is Justice denied"

Maguindanao case... 2 years and still on going...

Jacky Rowena Tiu case... 10 years and still on going...

Edwin Cusit, Johnny Alonzo and Ben Maggudayao case... 16 years and still on going...

Petition against the Motorcycle Lanes... 20 years?!?

In a statement that I once heard before, THE PHILIPPINES is notorious in the world for having the slowest judicial system. The progress of justice is slower than a sloth taking a liesurely stroll. Reasons can be corruption, lazy and cowardly judges, justices and prosecutors, clogged court dockets, and dilatory tactics of the defense.

So what does it take for us to get things going and prevent the abuse of power to rule over the tax payers?

Is the country heading down to a downward spin to it's death? I would say it is with the way things are going, but, we still hope for the best...

We tried being persuaded into the laws, however, when push comes to shove and people refuse to listen to reason, you have to do what's necessary to get them to notice and act on the issue at hand... Hence the filing of the case and TRO against the motorcycle lane...

Now, the justice system is being carefree and moving aimlessly in resolving the case...

Do we have to call on a bigger and worse act of disobedience to get them to listen?

Or do we have to hang up our gloves and give up on a loosing battle against the know it all's in the government?

Honestly, I don't mind fighting the fight, but when there is a clear and rampant display of totalitarian influence over the public, then what should or could we do to get them to stop sitting with their thumb up their asses and work for the salaries that our hard earned taxes give to them?

I've tried diplomacy, media, pushing my self into the room, the other sectors of the government that does nothing else except endorse you to another sector, filing a petition, calling them out in a rally and so on... Results? NADA!

So what do we do now? Who do we turn to? What comes next after all of this?

Answer: We just keep trying... Sad, but true... 

Tuesday, November 8, 2011

Time to Remember, Time to Ride!!!


ANNOUNCEMENT!!!

Final Ride Destination, Rules and Regulations and Agenda:

WHAT: Time to Remember, Time to Ride
When: November 13, 2011
Where:  Aguinaldo Shrine, Kawit, Cavite
Group 1 (Main): SM City Fairview Parking Lot (Back area)
Group 2 (Sub): Petron Macapagal avenue
Assembly Group 1: 5:00AM
Assembly Group 2: 6:00AM
Takeoff Group 1: 5:45 – 6:00 AM SHARP
Takeoff Group 2: 6:45 – 7:15 AM (Will gear up and roll out before group one reaches  Taft)
Press Conference: To be held upon arrival at the Aguinaldo Shrine

Route:
                SM Fairview
                Belfast Road
                Mindanao Avenue (Neopolitan in Novaliches)
                Commonwealth
                QC Circle
                East Avenue
                EDSA (Left at GMA)
                Quezon City
                Mandaluyong City
                Makati City
                Pasay City
                Macapagal Avenue (Merge with Group 2)
                NAIA Road
                Imelda Avenue
                Ninoy Aquino Avenue
                SM City Sucat
                C5 Extension Road
                Quirino Avenue
                Molino Boulevard
                Daang Hari
                Open Canal
    A Bonifacio
    General Trias Dr.
    Marseilla
    Magdiwang Hwy
    Tirona Hwy
    General Emilio Aguinaldo Shrine

Rules and Regulations for Motorcycles:
1.       Should be registered and all papers should be brought.
2.       All lights (headlight, signal light brake light) should be working and in compliance with the law.
3.       Should have a working muffler.
4.       Should be free of leaks.
5.       Should have a working horn.
6.       Should have side mirrors.
7.       Should have a side stand.
8.       Road worthy tires, properly inflated and checked for possible nails and cracks.
9.       Fuel must be filled prior to assembly.
10.   Cooling system checked (Engine fan and water for liquid cooled bikes).
11.   Brake systems should be checked.
12.   Suspension should be checked.
13.   Chain and drive belt should be checked.
14.   Liquids should be checked (brake fluid, coolant, oil level, etc).
15.   No blinkers and wang wang.
16.   No flags, banners or posters depicting protest for anything.
17.   Flag poles, antennas should be secure.
18.   No firearms, sharp blades or objects or deadly weapons.

Rules and Regulations Riders for Riders:
1.       Should wear a MOTORCYCLE helmet with a strap and visor or eye protection when visors are not available.
2.       Should wear closed shoes (No crocks, slipons, sandals, flipflops, etc.).
3.       Long sleeves (jersey, jacket, poloshirt, long sleeve shirt, arm stockings, etc).
4.       Should wear gloves for riding.
5.       Long pants (jogging pants, slacks, jeans, riding pants, etc).
6.       Must be licensed for Restriction 1.
7.       Must NOT be under the influence of drugs or alcohol.
8.       Properly hydrated and moderately full.
9.       No children below 9 years old allowed on this ride.
10.   1 backride only.
11.   All backrides should comply with the rules stated above except for #6.

Although it is not a requirement of law to wear long sleeves and long pants, we STRONGLY encourage everybody to be on their best gear for rides. We have to show that we are responsible and dedicated enough to be prepared for riding. SAFETY and PROTECTION is one of the keys

Rules and Regulations for the Ride
1.       Discipline, Safety and Courtesy should be exercised at all times.
2.       Stay on formation always.
3.       No passing unless signaled to.
4.       No speeding (maintain the speed limit even when catching up with the group).
5.       Follow and adhere to the ride pace.
6.       No stopping on the middle of the road except for traffic and stop lights.
7.       Watch for hand signals (Will be briefing everybody on the assembly and will provide pictures at the end of this post).
8.       Maintain 2 bike lengths between bikes.
9.       Do not honk your horn unnecessarily.
10.   Allow other vehicles to cross between the formation smoothly and without sudden change of speed. Remember, we do not own the road.
11.   Indicate potholes, humps, water, dirt, sand, rocks, debris, roadkill with your foot pointing to it.
12.   When a hand signal is given, do the same to inform the others in the formation.
13.   In case the formation gets split, do not panic or chase after the lead group. Maintain your pace and relax. Allow a ride marshal to go in front of your group to lead.
14.   Never ride side by side. Always maintain a staggered formation unless signaled to go single file.
15.   Red ribbons will be provided for on the day of the ride. Install the ribbon on your left side mirror without hindering the operation of your motorcycle.
16.   Smile to the other road users J.

Rules and Regulations for the Assembly and Landing Zones:
1.       Do not leave your trash behind. ABSOLUTELY NO LITTERING!
2.       Inspect your parking zone before parking.
3.       Inspect your parking area before leaving.
4.       Follow the Marshal’s instructions at all times.
5.       No alcoholic beverages or drugs in the assembly and landing zones.
6.       Be at your best behavior at all times. No rowdiness or un necessary noise during assembly and during the landing points.
7.       Do not speak to media or enforcement anytime during the ride. Allow the organizer and officials of the ride to do this. This is to avoid miscommunication and misrepresentation that can ruin the purpose of the ride. Comments made by non officials will be considered as personal opinion and will not be considered as an official statement from the group. Your comments, suggestions and opinions will be collected below this thread and will be presented together with the organizer’s official position paper.
8.       Please observe the margin of safety when taking pictures and video in these areas.
9.       Do not be afraid to approach any of the officials and marshals if you need assistance or would like to ask something.
10.   Please watch your belongings. The organizer will not be responsible for loss or damage to personal property.

Weather and Road Conditions
Inclement weather can be disruptive and discomforting.  If the weather is too severe, take
shelter. Be extra cautious when rain first  begins  to  fall. The road is slickest at that time.  Avoid riding on the “glossy” (oil stained) area of the road at all times, but especially during or after a rain. Stones  on  the  road  are  dangerous…be  careful. Gravel behaves like ball bearings on a hard surface. Avoid potholes when you can safely do so.  Potholes can damage bike rims and cause accidents.  Signal others with your heel pointing down at road hazards.

Mechanical/Electrical Problems
Mechanical/electrical breakdowns can happen to any motorcycle.  Someone will be designated to help, or have someone with a tool kit and cell phone stop to help the problem motorcycle outside of Metro Manila only. While within Metro Manila, you are responsible if you encounter bike problems that require you to stop. Other riders should continue the run.

Accidents
In the event of an accident, pull over with the group. Do not  panic stop or  rush  to  the  scene.
This may cause more problems.  Do not move an injured person or remove their helmet.  Do not allow a tow truck to take the downed bike.  Locate a safe place to leave the motorcycle until a motorcycle hauler can pick it up.

Security and Parking
Participants in a ride may be required to watch motorcycles (if necessary) for a short time, in pairs. When parking, the leaders should direct the bikes to an area out of the traffic pattern.  No one wants their bike side swiped or damaged by passing vehicles.  Leaving a parking area should be done
with caution, and consideration of others exiting… blockers may be needed to promote safe egress.

Law Enforcement
If the police or enforcers stop the group, the Spearhead should lead the group to a safe place.  Riders should stay in formation (by or on their motorcycle).  Allow the officer come to you.  The Spearhead should be the only one who approaches the officer and should promptly identify him/herself.

Responsibility
A group, organization, or club is not responsible for accidents, injuries, thefts, etc.  Each individual is responsible for any violation of the law. Riders ride at their own risk.
The group should meet before and during the ride regularly to pass along information.  If you do not understand something, get clarification.

Experienced riders should get to know riders with whom they are riding.  Encourage new riders to be cautious and to ride at the group pace…not unsafely or beyond their personal comfort level.

The group should ride to their destination in formation.  If a motorcycle does not wish to stay with the group at the end or during the ride, wait until all bikes are parked before leaving the group.

If you leave your place in the group, re-enter at the rear, in front of the rear Ride Captains.

Riding in an unsafe manner with a group should not be tolerated.  The safety of the group is everyone's responsibility.  It is a rider’s obligation to report noncompliance of any group-riding rule to a Spearhead or Sweeper… a life may depend on it.  Showoffs and hot rods should not ride in a group.

Know and ride by these rules, or do not ride with a group. 

Safe riding is a group priority.

Relevant Questions:
What is a safety cushion?
What is the three (3) second rule?
What makes an experienced rider?
How often should you look in your mirror?
How should a Sweeper handle a safety violation?
Is it better to ride in a large group, or several smaller groups with an equal share of experienced riders?
Who is in charge of the ride, and where is the destination (and stops)?

For Ride Marshals, Spearheads and Sweepers:

1. Refelctorized vests is mandatory. If you don’t have one, borrow or just ride with the group and let others do the duty of controlling the ride.
2. Use cellphone headsets for communication purposes. The important numbers to call will be provided for.
3. Install “Marshal” flags on your bikes. Make sure it is secure and will not hinder the operation of your motorcycle.
4. Marshalls must be in the assembly area on or before 4:45AM (Group 1) and 5:45AM (Group 2) for the last pre-ride briefing.
5. No “lagare” style of controlling the group. You must be in formation also.
6. Break away from formation only when necessary (traffic assistance, rider/bike problem, switching from marshal to temporary spearhead, etc.).
7. Traffic marshalls will be with the spearhead and will break off to allow the group to follow through an intersection or to warn other vehicles of the group.
8. Going back to your original position must be done with utmost respect to other vehicles and without over speeding. Be a good example to others.
9. Do not block other traffic when un necessary. We do not own the road. Share it.
10. Assist the other vehicles trying to cross the line. Move in towards the vehicle who has the intention to cross the line and slowly guide the ride group to slow down and allow the other vehicle to cross. Then move into the temporary spearhead position and slowly allow the group to catch up with the lead group.
11. Group 2 will join in from the rear of group 1.
12. Assist in the launch and the egress points.
13. Assist in arranging parking properly.
14. Assist in cleaning up the area where we assemble.
15. Assist ride participants when you can and direct them to the ride officials when needed.
16. Be courteous and smile to all riders as well as other road users J.

Marshal Groups:
Lead group: RFAC (Ride for a Cause)
Sub group 1: NOS (Nouvo Owners Society)
Sub group 2: Team MCP (Marilaque Club of the Philippines)
Sub group 3: RCP (Rouser Club of the Philippines)
-          These groups were carefully selected and we would like to ask everybody to respect the marshals, spearheads and sweepers and follow their instruction. If you feel that they have gone beyond their capacity and would like to report it, please don’t hesitate to approach the ride officials listed below.

Secretariat: LMV (Las Marias Viajeras)
-          Please look for the pretty ladies of LMV and sign up on the waiver forms when you arrive at the assembly points and the petition document at the end of the ride.

Ride Organizers:       MRO (Motorcycle Rights Organization)
MAP (Motorcycle Advocates of the Philippines)
H.E.L.M.E.T. (Help Encourage Lawful Motorcycling Environment Together)

Ride Officials:        Jobert Bolanos (MRO/MAP) Group 1 lead
                                Martin Misa (H.E.L.M.E.T.) Group 2 lead
                                Ed Tortona (RFAC)
                                Speedmaniac (RFAC)
                                Pogikazz (RFAC)
                                Jiggy (MAP)
                                Others to be added and announced as needed...

Agenda:

General Purpose of the Ride:
                To remind every rider of their main purpose and their reason for riding, may it be a hobby, a passion, a way of life or one’s means to commute. We share the roads with not just fellow riders, but other vehicles and pedestrians as well. How we must maintain discipline, safety and responsibility for our property and when we take on the roads with our motorcycles. How we must be prepared to accept and acknowledge the problems and do our part in helping out in fixing these problems. How we must embrace change and help instill it with every single rider out there.

Facing Reality:
                With the rampant growth of the motorcycle population, the government is facing a very difficult and challenging issue. They have to maintain control and keep our roads safe for everybody who uses it. This is not an easy task and our cooperation is imperative to ensure that the measures being done are carried out properly and equally amongst all road users. We must understand that being on the road is not a right, but a privilege. However, we all have the right to achieve that privilege by proving ourselves worthy of the licenses we all carry with us.

                Simply put, we have issues surrounding motorcyclists and we have to accept and acknowledge these issues first and foremost. Starting from ourselves, we must practice the proper behavior and discipline on the road and share that with our fellow riders as much as we can. Once we have done what we need to do within our own ranks, we then help the government by being good examples on the road. This is your simple monkey see, monkey do scenario.

                However, we are facing legislative issues where our rights are being taken for granted. We must remind the law makers and enforcers to respect and adhere to constitution and the rights granted to us as citizens of the country. We must help them get back to the right path and offer our knowledge and cooperation when necessary and maintain the status quo on the laws that govern all of us. We must report those who enforce and break the laws at the same time so that they can clean up their own ranks as we clean ours.

Official Position Statement:
                With that said, we are here not to file protest or regress towards them but, we are here to remind them that we have rights and that we humbly ask them to enforce the existing laws instead of creating new ones. To ask them to follow the old procedures and apply the strict implementation of the existing laws and procedures before and after we acquire our licenses. To let them know that we are here to offer our assistance and cooperation in getting everybody, private, public or government back on the right track. To help remind everybody to adhere to the Constitution and Bill of Rights that guide us all. To help in letting everybody know that we must work together and not against each other. To help remind every single road user to respect others to be respected. To remind everybody that we have rights as they have theirs.

                So in the essence of unity and change, we call on every rider to be part of this era to help provide safer roads and equal treatment for all road users. To provide support and offer suggestions during consultation for projects aimed at safety and law and order. To unite the community and advocate discipline, safety and equality for all road users. To show the world that not all riders are irresponsible, careless, undisciplined, criminals and a nuisance on the road. That we can share the road and respect all those who do the same.

And with that said and put aside, let us now start with the long road ahead by stating our opinions and suggestions for the government below. Everything will be compiled and be presented to them when we are given the opportunity to do so. Please keep your posts relevant and diplomatic. The use of profanity and jargon will not be tolerated. If there are questions to be asked, please keep the answers relevant and avoid side comments.

Let me start:

I ask the government to bring back the tight screening of license applicants from the written test and practical exam.

I also ask the enforcement to apply strict enforcement of the existing laws and adhere to them as well.

And finally, i ask the government to create a re-education and information drive that teaches all riders, drivers and pedestrians about the traffic laws, defensive driving/riding, discipline, courtesy and keeping safe on the roads.  

We are in need of the ff:

1. 2 Bullhorns
2. Backup vehicle/s (pickup or mini truck)
3. Contacts from the Kawit local government and Police force

If you can provide any of the stuff listed above, please contact me as soon as humanly possible.

09217754388


YM: gmtrueno
Skype: gmtrueno

Thank you!

Tuesday, November 1, 2011

A re-write: An open letter to all the people in authority...


To whom it may concern, (Or to whoever cares to listen)

I would like to formally submit our position paper on the current implementation of the “Motorcycle Lanes” in Commonwealth Avenue in Quezon City and in Macapagal Avenue in Pasay City.

Let me start by saying that we applaud the intentions of MMDA and the cities involved in making motorcycling safer. And with these intentions, we know that the motorcyclists are in the thoughts and concerns of the government. We have nothing to say, but thank you for that aspect.

The following observations, experiences, facts and suggestions may appear offensive or defensive in nature so I implore upon you to keep an open mind without it being taken the wrong way.

Initial Statement:

The design and implementation of the “Motorcycle Lanes” have raised serious questions as to how it came about, what studies were made and who made those recommendations. We ask this because we want to know the basis of the design and the qualifications of the recommending party on the use and operation of a motorcycle. And with that said, we want to know if these proponents understand the safety aspect surrounding it’s use. We ask this to better understand where they are coming from and hopefully bridge the gaps between their intent and our fears. However, and with all due respect, the office of MMDA chairman has been uncooperative and our cries and hopes of getting an audience with him was either misplaced or ignored.

We also wish to pinpoint some major concerns as to the noticeable treatment of motorcycle riders and how they are prime targets for most enforcement units making them feel segregated and treated as a minority rather than an equally privileged road user.

And more importantly, we wish to address the current dangers that we face while on the “Motorcycle Lane” and how it all boils down to “RISK”. As riders, we understand and accept the risks involved. That is where it all starts. To address that risk, a rider must be ready to take the necessary steps to avoid loosing that margin between safety and un necessary risk that may lead into an accident. That is why, careful and absolute collaboration with all the agencies concerned is incremental in addressing the problem. Band aid solutions only offer momentary results, but it will not solve the issue in it’s entirety.

Why Motorcycles:

As far as motorcycle goes, the main reasons why people are leaning towards them can be attributed to these aspects:

  1. Economy – Motorcycles are cheap and is a cost effective mode of transportation compared to public transport.
  2. Ease of use – The operation of a motorcycle, particularly scooters and underbones have been made or designed in such a way that it becomes simple and easy for almost anybody.
  3. Getting from point A to point B – The time spent by a motorcycle has been cut drastically that they are almost impervious to traffic. This gives the rider more time to spend doing something more important rather than wasting it while being stuck in traffic.
  4. Ability to maneuver and avoid obstacles – Because of the size and maneuverability of motorcycles, they have the ability to avoid obstructions, obstacles and contact with debris, pedestrians and other vehicles that may cause an accident. That maneuverability also allows them to filter through and ease the congestion of travelling vehicles in traffic.
  5. Environment – The emissions and carbon footprint left by motorcycles is, in concept, smaller than the other vehicles  It uses less fuel and cut’s down the congestion that leads to more harmful air pollution.


With the same “why” question and because of the points stated, the growth of the motorcycling population has blown to immense proportions that it has been a great challenge to keep up with. And with that growth, and due to the underlying factors that surround the risk of being a motorcycle rider, accidents will rise with that growth as people will find themselves in situations that will lead into mishaps.

Furthermore, in spite these advantages, the very reason stated with #4 is also the primary reason why it is the tool of choice for criminals. This is a sad fact for all riders and we overwhelmingly feel the burden and pressure from law and traffic enforcement by the way we are treated on the road. Not to mention the way other road users regard us.

In that regard, we are subject to undue profiling because of those bed elements who choose to perpetrate crimes with the use of these machines. However, and let me emphasize, it is not the fault of the motorcycle, rather, it is the fault of the person who operates it. So my question is, why do we, as motorcycle users, have to carry the burden of these crimes that we are innocent of? Why are we treated with such disrespect that we are placed under assumption of evil and crime? What happened to being “innocent until proven guilty” and the “equal protection of the laws” as stated in the Bill of Rights? The clear strangle being applied upon us has been attributed to crime time and again. We are not criminals. We should not bear the problems associated with criminals. Instead, let us help our enforcement deal with them rather than being treated as victims of circumstance.

Risk:

Motorcycles need to have the ability to move about to avoid any obstacles and contact with other vehicles or objects. If you enclose or restrict that ability, that eliminates the capacity of movement making their chances of getting through the possible dangers smaller.

Just from the start of the implementation of the “motorcycle lane”, there has been three recorded motorcycle accidents within the designated lane or trying to get to it for fear of being tagged with a violation. As of this writing, there are already more than 10 accidents that have been recorded by witness accounts on www.motorcyclephilippines.com and on FB. A good number of these accidents are being ignored or covered up by MMDA and have only been reporting the ones that are documented by media. This raises more questions and concerns.

We also have documented numerous accounts of near collisions and brushes with other vehicles that enter or stop in the lane without fear or remorse of hitting a motorcycle or vice versa within the designated lane.
Confining the motorcycle in the designated lane has increased the risk involved by ten fold. Let me cite the reasons why:

  • The lane is supposedly shared with private vehicles. That is already the case even before the lane was implemented. Putting them in a single lane with other vehicles only absorbs their chances of creating a safety margin between themselves and other vehicles, pedestrians and obstructions by more than 75% the prescribed minimum if other vehicles are allowed into that confined space. Removing that confinement gives back that margin of safety as they can move about whenever another vehicle comes too close or a pedestrian or obstruction comes in their way.
  • We know that buses, jeeps and other public utility vehicles must be confined within the yellow lane. However, and as seen on photographs and videos taken before and after the implementation, they have been moving to, beyond and across the lane freely and with hardly any apprehension from the enforcement. That lack of control over the public utility vehicles is a major risk that can mean limb and worse, life.
  • Imposing a 100 meter rule for the motorcycles to move out of their lane to cross 4 other lanes to get to a u-turn slot is near impossible. It can only happen when there are hardly any other vehicles along the road or if the rider attempts an extremely dangerous maneuver across the highway. 100 meters is only 2 posts away and it is an extremely short distance to even attempt to cross safely with the other vehicles on the road. According to National Highway Traffic Safety Administration (NHTSA), American Motorcyclist Association (AMA) and Motorcycle Safety Foundation (MSF), the minimum requirement for a vehicle to exit out of 3 or more lanes to an off ramp or to a turn is at least 300 meters.
  • The proposed plan of putting barricades to confine the motorcycles in a single lane or placing them anywhere in the road for that matter is equally risky and dangerous as a slight move can mean imminent contact between the barrier and the motorcycle or other vehicles. And since the mishap can turn into an immediate obstruction to the oncoming vehicles, they are also prone to getting involved if they don't stop in time. Then there’s the other vehicles coming from behind that may cause a separate collision altogether. Unless the lane is made wide enough that there is a margin of safety for both sides without loosing the ability to pass other vehicles, then this idea is not advisable. The same applies to tire stops or any type of barrier that restricts the vehicles from crossing it in case of an emergency.
  • The lack of signages, road markings and road preparation should have been prioritized before the implementation of the “Motorcycle lane”. It should have not started after it’s initial dry run as it only proves the lack or preparation and study made for it’s implementation. Not to mention the lack of preparation on the side of Macapagal where pictures and videos before and after the implementation started shows dirt, pebbles, rocks, puddles, potholes, barriers, parked vehicles, terminals and what not are in the way of the “Motorcycle Lane”. This is again, considered as obstructions that may cause accidents and tremendous amounts of risk for the motorcycle riders.
  • Most riders on the road today have admitted to not knowing the rules and regulations for traffic and has even less knowledge in the proper operation of motorcycles. Based on scientific, practical and safety studies made by AMA and MSF, a motorcycle is not safe if they ride side by side especially if the lane confines them within a limited space. With the lack of knowledge and education for riders, this makes it highly risky and with the volume of riders, even more riskier.


In that light, allow me to quote Steve Guderian of the San Francisco Municipal Transportation Authority & Motorcycle Safety Consulting and author of “Lane Sharing, A Global Solution for Motorcycle Safety”.

Lane-sharing is a safety technique that can positively affect all riders regardless of the type of motorcycle ridden or the riding style applied. This makes outreach or education programs easier to disseminate to the riding community. Furthermore, lane-sharing will likely have strong support within the riding community.

It is important to note that like all driving actions it is possible to lane-share in an unsafe manner. It is not the purpose of this paper to discuss these actions or how to safely lane share. These actions can be addressed in a program or study that evaluates lane-sharing as a safety-countermeasure. It is also important to note that any governmental entity that evaluates lane-sharing as a safety measure can also enact restrictions or permissions, and conduct a safety campaign to promote lane-sharing. Additionally, the author realizes this paper leaves many questions unanswered and raises additional questions. These unanswered questions are best discussed in a forum or meeting on lane-sharing.

Implications:

With risk, comes implications. It the world of vehicles, this can vary from a simple fender-bender to a fatal accident that can cause one to lose his/her life. These implications must be weighed out carefully and extensively to find a common ground where risk is at it’s minimum and safety at it’s maximum capacity. All conditions which may include, but is not limited to rider/driver/pedestrian behaviour, discipline, infrastructure, obstruction and what not must be discussed by all possible stakeholders and not just one body or a few proponents. Moreso, experts must be called in to provide very crucial input to ensure the best consensus.

The recent implementation of the “Motorcycle Lane” has disregarded some major implications based on it’s design and unclear rules. Nevertheless, it is not too late to bring this idea back to the table in order for us to figure out what is best before taking any action or implementation.

Part of the implications that we would like to address is the fact that not all motor vehicle operators, private and public, has been given enough briefing on the rules surrounding the “Motorcycle Lane”. It is, but fair to all road users that they understand and know what they can and cannot do around this lane.

So far, and with all due respect, this was not carried out to be even near satisfaction. All we see are riders being flagged down and told what they have to do while other vehicles are hardly being told anything.

With the introduction of the said “Motorcycle Lane” and in the lines of equality, it should have also been top priority to reinforce the existing laws and regulations for ALL vehicles and not just motorcycles.

This treatment leaves a sour taste and implies prejudice towards motorcycle users yet again.

Legislative Requirements:

Based on public statements, I understand that this was made out of an ordinance promulgated by Quezon City and Pasay. We would like to see the said ordinance and have this published so that everybody is aware of the basis of the “Motorcycle Lane”

I do have a few questions regarding the two roads being used as the testing grounds for the dedicated lanes:
According to the Quezon City DPOS office, Commonwealth Avenue has been declared as a National Road and it’s jurisdiction and policy making body should be with the LTO and/or DOTC being the agency with the mandate and authority to create and implement new traffic, road and vehicular laws for everything under the National level. Ordinances are not supposed to supersede National Law, is that right?

Given that Quezon City still has the right to dictate the traffic law on Commonwealth Avenue, Who creates the Implementing Rules and Regulations for the ordinance? As mentioned on the start of this paper, it will give us a clear understanding of the basis and where the proponents are coming from.

Every piece of legislation, ruling or policy being implemented must have a corresponding Implementing Rules and Regulations, is that right? Where is the Implementing Rules and Regulations for the “Motorcycle Lane” so that we may clearly understand the rules and restrictions of it’s use.

Was there a public hearing for the “Motorcycle Lane” prior to its implementation? If so, who were present, invited and expected to be part of the hearing? The riding public is not made out of one or a few organization/s, one or a few group/s, one or a few manufacturer/s, or a few known motorcycle personalities should it? As far as we understand, the general riding public, should have been given an invite to this public hearing on the implementation of the “Motorcycle Lane” as we are all stake holders by right.

Why wasn’t the rules for all public and private vehicles reinforced during the announcement of the “Motorcycle Lane”? This would have been more ideal because, it would prepare the public vehicle sector and it would serve as their warning that any public utility vehicle crossing the yellow lane will be apprehended accordingly. This way, the implementing body can also show everybody that there are rules and regulations for all vehicles and not just motorcycles. Again, this causes an ill feeling of prejudice against motorcycle users. In fact, it should be reinforced and enforced on a daily basis and not just for the purpose of the implementation of the “Motorcycle Lane”.
We strongly believe that strict implementation of the existing laws, if carried out accordingly, is enough to keep everybody in check and would promote discipline amongst all road users. However, it is evident that there are challenges in carrying out the existing laws to the point that a vast number of road users get away with simple to grave violations of the traffic laws. That being the case, any additional law, regulation or implementation will meet numerous challenges and prevent it’s success simply because the basic and existing laws cannot be carried out properly and extensively. What made them think that a new law can solve all the problems on the road? This is a prime example of re-inventing the wheel so to speak.

With that said, we want to be sure that we all share the equal protection of the laws, we are not unduly profiled, we are not being treated with prejudice and discrimination.

The lack of existing law reinforcement creates a very vague picture of the law and is prone to subjective apprehensions which we all feel and as a matter of fact, very abundant. Sadly, a number of enforcers interprets the law in such a way that he does not even know the difference between apprehending a motorcycle avoiding a vehicle that cuts across his designated lane and apprehending the vehicle for cutting the path of the motorcycle. With the existing laws in place and being enforced diligently, everybody will be on the same page and nobody will cry foul as the existing laws are made to be just, simple and without prejudice towards anybody.


Root  Cause Analysis:

There are three very important components of the RCA that was done recently. This addresses the issues of discipline  accidents and crime. However, what has been happening is, we pass the burden and the restrictions on the end users as if they are the ones being punished for the lack thereof. These aspects are:

  • Licensing – We all know that operating a vehicle on the road is a privilege. With that privilege, comes great responsibility. That responsibility should be properly screened and driven into the heads of each applicant. The standard procedure as mandated by law undergo written and practical tests before an individual passes for a license. This is no longer being practiced diligently. Applying stricter licensing measures will weed out the non-trained and non-educated rider and driver. Thus allowing the government the much needed control over the road users and their riding/driving habits.
  • Education – The reason why a lot of people don't follow the traffic law is because they don't know what they are. Prior to licensing, everybody should undergo traffic law training so that they are made aware of the rules of the road. Riding and driving certification should be made more stringent when applying for a license. Mandating may be a tad too harsh, but for those who have gone through driving and riding school, are automatically considered for licenses while those who have not taken any education courses on riding or driving, should pass the written and practical exams made for licensing. Part of education should be the promotion of safe, defensive and advanced riding/driving methods that will help in empowering every road user so that they take the necessary precautions and make the best decisions when encountering an emergency on the road.
  • Enforcement – This is crucial to the maintenance of discipline on the road. Visibility is not enough. Each enforcer should be diligent and dedicated to catching would be violators in order to maintain order and discipline on the streets. However, if the enforcer themselves break the very law they enforce, it sends a negative message to the public. They should lead by example while they promote safety, discipline and peaceful use of the roads. If there are strict implications to those who violate the law, those enforcing it should be given higher penalties and more effective punishment methods to ensure that the watchers of the road are free from corruption.


Having all three aspects work together is enough to solve the problems of the street. When the public sees how well the process is being followed, they will fall into their rightful place.

This hits the tip of the iceberg, the core and the root cause of the problem altogether. And once it is done, we will see better roads and road users.

Closing Statement:

We humbly ask your kind office, being the one in charge of the implementers of the “Motorcycle Lane” to help us in getting them to reconsider this plan and bring it back to the table before people get hurt or worse, before people lose their lives. This experiment deals with human life and limb. Let us not wait until the road users relax and get into their comfort zone again that may lead into a mishap on the “Motorcycle Lane”. There is just too much risk involved. We cannot just sit and watch for this experiment to work or fail as each life, whether big or small, is worth more than any amount or any projects success or failure. Currently, the accidents happening are showing more of what we fear and the people directly involved are getting more impatient, scared, emotional and rowdy. We do not want them to take on the streets in protest.

We would also like to be informed, considered and take part in the policy building, future programs, implementation of projects and other endeavours so that we can provide the additional, if not, necessary input from “real” everyday riders. There is a huge difference between your hobbyists, Sunday riders and your working class, “daily” riders. Each opinion, suggestion and even every contradiction can mean the world of difference between experimenting with lives and the effectiveness of these programs to create a better riding/driving experience for all motorists and pedestrians. We should all work together and not work against each other and in order to do that, we should make sure that everybody is given a fair chance to be heard and be properly represented.

I have bumped heads with my constituents between waiting on them to heed to our cries and calls, taking it on the streets in protest and/or addressing the issue legaly, which we regretfully have decided on doing. And in the process, we beaten ourselves up for filing the case against the “Motorcycle Lane’s” implementation, but it was necessary as we are getting nowehere in our attempts to bridge the gaps and protect the rights of everybody concerned.

Issues and problems can be given solutions that works both ways and with minimal resistance from the people. We can offer our research and capacity to gather much needed opinion and feedback from the riding public and come up with a bucket load of suggestions that can help us build the ideal scenario that will be more acceptable for everybody concerned.

We would also like to state that before the departments take on any organization’s word that they represent the whole community, please have them think again. There are countless people here who oppose this idea because of the obvious dangers that can be seen and felt by the very riders who use these roads daily.

We wish that the departments responsible for these programs to give respect to every body's point of view, opinion and experience when it comes to the real dangers of the road. We wish for the implementing agency to listen, ask and show respect to ALL riders and not just the people who say or claim that they represent the entire community. We wish that we all come to terms with the real problems and dangers that surround our community. We wish that the departments responsible lead us in being a united community and not divide us from the rest of the road users. We wish we are just saying this out of emotion. Sad to say that we are not. We wish that we are only basing this on mere hearsay. We are distraught to say that we are not.

And our message to the people who say this is better for everybody concerned, their opinion is only based on their lack of riding experience with the REAL dangers of the roads. We cant say that we blame them for what they do not know and what they do not see from within the eyes of the riders who ply these roads daily. We just hope that someday, we all come to terms that we all share the road and we all have to ride and drive together inevitably.

We want to avoid all unnecessary conflict and prevent undue resistance from either side that can disrupt and affect the progress of all safety initiatives by the government and the private sector. We also want to let it be known that we, with due respect to the parties concerned, wanted to avoid legal action as a result of our rights being strangled and our safety being risked.

Please hear the voices of the people who the people in authority have sworn to serve.

Thank you and God Bless us all.

Jobert Christian G. Bolanos
Motorcycle Rights Organization
Motorcycle Advocates of the Philippines
www.motorcyclephilippines.com

Wednesday, October 26, 2011

MRO Emergency meeting


Meeting: MRO Emergency meeting

When: Saturday, October 29, 2011
Where: QCHERA Parking area (Parking Lot beside QC hall Post Office) TENTATIVE LOCATION
Time: 6:00 PM





This is an open invitation to all riders, orgs, federations and clubs

Agenda:

Meeting on Saturday for updates on the current case and TRO filed and the discussion regarding the registration of MRO.

Appointment of MRO officers will also be discussed.

Main Agenda is the Time to Remember, Time to Ride event that is taking place on Nov 13.

Other issues

Please be guided accordingly...

Thank you!