THIS LETTER WILL BE SENT TO ABAYA, DOTC... ROXAS, DILG... ROSALES, CHR AND THE OFFICE OF THE PRESIDENT...
COPIES WILL ALSO BE SENT TO WRITERS, MEDIA PERSONALITIES, SENATORS, CONGRESSMEN AND ANYBODY WHO WISH TO USE THIS POSITION STATEMENT...
Please be ready for a long read...
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To whom it may concern, (Or to whoever cares to listen)
We would like to formally submit our position paper on the current implementation of the “Motorcycle Lanes” in Commonwealth Avenue in Quezon City, Macapagal Avenue in Pasay City, EDSA and now in C5 Avenue.
Let us 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 we 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 unresponsive and has been known to mislead others by saying that they are open to discussion yet, has not entertained us in anyway. 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 with the recent setup of the MC lane on C5, we have been denied access from the over passes and under passes in spite the fact that we pay the same road tax as everybody else which in turn, adds to the segregation of riders and the obvious discrimination being pushed upon us.
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 losing that margin between safety and unnecessary 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 traveling 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 bad 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 stranglehold 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 a number 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 accidents that have been recorded by witness accounts on www.motorcyclephilippines.com and on Facebook. 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:
1 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.
2 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.
3 Imposing a 200 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. 200 meters is only 3-4 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 to move outward at least 300 meters before the intended exit.
4 The proposed and executed plan of putting barricades to confine the PUV's on their lanes 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 losing 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.
5 The lack of signage, 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 and now, on C5 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.
6 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 behavior, discipline, infrastructure, obstruction and what not must be discussed by all possible stakeholders and not just one body or a few proponents. More so, 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, we understand that this was made out of an ordinance and acts approved or promulgated by Quezon City, Pasay and the Metro Manila Mayor's Council or MMMC. We would like to see the said ordinance and acts and would like to have this published so that everybody is aware of the basis of the “Motorcycle Lane”
we 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 or any agency in this case, who creates the Implementing Rules and Regulations for the ordinance or act? 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. However, we have yet to see the official, signed and published version of the IRR which is still elusive of our dissemination.
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.
And recently, the Quezon City RTC has granted us the status of Judicial Dispute Resolution after the Mediation Board declared that we have a case against the MC Lane. Is it legally possible for the MMDA to implement and impose another lane while the case is pending in court?
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 endeavors 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.
We have bumped heads with our constituents between waiting on them to heed to our cries and calls, taking it on the streets in protest and/or addressing the issue legally, which we regretfully have decided on doing. And in the process, we have beaten ourselves up for filing the case against the “Motorcycle Lane’s” implementation, but it was necessary as we are getting nowhere in our attempts to bridge the gaps and protect the rights of everybody concerned. Yet, in spite the case pending in court, here we are, facing a doubly hazardous MC Lane on C5 Avenue which puts us around parked vehicles waiting to exit the establishments lining C5, those who wish to enter them, the raised manholes and other road alterations that are not only dangerous to motorcycles, they may cause us to crash and loose life or limb on them. We can name a few more issues, but we would only be repeating ourselves.
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
