draft ordinance no. 938

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Draft Ordinance No. 938

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The working draft ordinance no. 938 also known as the ordinance regulating motorcycle riding-in-tandem in Mandaluyong City has many questions to be answered and exemptions to be enumerated. The proposed ordinance should be a regulation against all riding in tandem only residing in Mandaluyong City and not against all travellers. The proposed ordinance will restrict any non-resident traveller just passing by the EDSA and the main roads of the city that links to the suburb cities of Mandaluyong. Believing that the proposed ordinance will be a big boon in the fight against crimes, the Land Transportation Office (LTO) should have collaborative efforts in the formulation of further guidelines, rules and regulations from the effective implementation and sustained enforcement of the said ordinance because they are the one who has the right to impound motorcycles that is considered as an instrument of the offense or crime and PNP should also point out the exact time in the morning and in the evening agreed, to put up checkpoints from specific areas, that are prone to accidents and vulnerable to crimes, to stop all men riding in tandem, those who have improperly-placed plates, those who has high speed limits, those violating the helmet law. The PNP should also check if the motorcycle driver and the back rider is carrying any unlicensed firearms or any other illegal and deadly weapon/s. There should be safety nets to be introduced such as one or two of the riders of the motorcycle must be a registered driver; they should possessed a copy of the official OR and CR of the motorcycle, one of them should also be the owner of the said motorcycle; both of the riders should wear helmets; and that not one of them is under the influence of liquor or drugs. All motorcycles plying said roads should likewise carry only one back rider, except in cases of emergency or motorcycle exhibitions. The proposed penalties of both motorcycle driver and back rider violating this ordinance shall only be penalized with a fine in 1st offense and a fine or imprisonment or both at the discretion of the court in the 2nd offense for it will be against the human rights of the innocent offender if he will be imprisoned in the first offense.The proposed ordinance is "not only unconstitutional but also anti-worker to some people to some people." Most of the blue collar workers used motorcycles as popular mode of their transportation from their respective home to their working place because it is more affordable and they could weave through heavy traffic in the major roads of Mandaluyong City. Most of the government employees, including members of the Philippine National Police and the Metropolitan Manila Development Authority, ride motorcycles too. There should be window hours with respect to motorcycle riders with a backride who uses their motorcycle in going to their work place. We may say that motorcycles have been used in crimes, but not all riders are criminals, and thus do not deserve a person of interest, kind of profiling. Solving street crimes must be a collective effort. One way to do is for law enforcers to be in close coordination with legitimate, organized riders clubs, not by intimidating them. It is discriminating against a legitimate motorcycle rider to be questioned especially when the motorcycle driver has a cousin or a brother back rider because the ordinance prohibits a back rider who is not a spouse or relative within the first degree of consanguinity. It would be unfair for the employee-employer relationship whenever the employer is the back rider of the employee. Riding-in-tandem in itself is not a crime. The rights of motorcycle riders have to be respected when they're being scrutinized at checkpoints.The LGU should concentrate more on INTELLIGENCE, POLICE VISIBILITY, and INFORMATION AND EDUCATION CAMPAIGNS for a more informed aware and vigilant community. They should train policemen on how to ride motorcycles and assign them on patrol 24/7; Institute a community crime watch program that would include providing information to the police; Get more policemen on patrol. This is aside from proper and legal checkpoints. More police visibility is a crime deterrent; Get all local government units to invest on CCTV (closed-circuit television) for their respective areas; Invest in advanced scientific crime-solving methods. Our LGU should have to have a stronger legal framework so it can effectively and efficiently respond to this riding in tandem phenomenon. The draft ordinance should enumerate a more brief and concise framework and a more detailed procedure like what the province of Pangasianan has in their ordinance. They should also consider exemptions for pregnant women, senior citizens and children of the motorcycle rider. The working draft ordinance is illaudable measure once it is polish and all the concerns of our citizens are fully addressed because if that crafted so well, many law forms are in it that might make the ordinance to others and sceptics as unconstitutional but it is just a time bounded experimental as it is only good for 6 months.