OFFICE OF THE CHAIRMAN
HON. FRANCIS N. TOLENTINO
MMDA
Mr. Chairman,
I would like to formally submit our position paper on the
current implementation of the “Motorcycle Lanes” in Commonwealth Avenue and in
Macapagal Avenue in Pasay City.
Let me start by saying that we applaud your intentions of
making motorcycling safer. And with these intentions, we know that the
motorcyclists are in your thoughts and concerns. 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 you are coming from and hopefully bridge the gaps
between your intent and our fears.
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 most 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:
- Economy – Motorcycles are cheap and is a cost
effective mode of transportation compared to public transport.
- 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.
- 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.
- 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.
- 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 dis respect 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 danger 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.
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.
- The proposed plan of putting barricades to
confine the motorcycles in a single lane is equally risky and dangerous as a
slight move can mean imminent contact between the barrier and the motorcycle.
And since the mishap can turn into an immediate obstruction to the oncoming
motorcycles, they are also prone to getting involved if they don't stop in time.
Then there’s the other motorcycles 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
motorcycles, then this idea is not advisable. The same applies to tire stops or
any type of barrier that restricts the motorcycle 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.
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 a 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.
The recent implementation of the “Motorcycle Lane” has
disregarded some major implications based on it’s design and unclear rule.
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”, 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 your 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
organization, one group, a manufacturer, 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, you 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 you think that a new law can solve the problems on the road?
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 know
is 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 hit’s 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 implementers of
the “Motorcycle Lane” 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 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.
We would also like to be informed, considered and take part
in your policy building, future programs, implementation of projects and other
endeavours so that we can provide the 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 your 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.
Issues and problems can be given solutions that works both
ways and with minimal resistance. We can offer our research and capacity to
gather much needed opinions 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 you take on one
organization’s word that they represent the whole community, please 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 you 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
your 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 you 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 am 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, your opinion is only based on your lack of riding experience
with the REAL dangers of the streets. We cant say that we blame you for what
you do not know and what you do not see from within the eyes of the riders. 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 whether we like it or not.
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 want 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 you have sworn to
serve.
Thank you and more power to your agency.
Jobert Christian G. Bolanos
Chairman
Motorcycle Rights Organization
