Wednesday, July 22, 2020

Lawless Philippines: Motorcycle Helmets

Only in the Philippines does a law meant to protect the people end up hurting them.  Ok maybe not only in the Philippines. Criminals around the world use the law to their advantage. But in the Philippines it sometimes seems as if laws exist to protect criminals. In particular I am referring to the motorcycle helmet law.

This law was passed as a protective measure for motorcycle riders but assassins were able to get away with murder because the helmets masked their faces. This prompted several cites to pass laws banning the use of full-faced motorcycle helmets.

https://www.rappler.com/move-ph/issues/road-safety/173565-ban-full-face-motorcycle-helmets-morong-rizal
Motorcycle riders in the municipality of Morong, Rizal, are not allowed to wear full-face helmets and bonnets that conceal their faces, according to a memorandum order by Mayor Armando San Juan. 
The order, dated June 2, says: "Concealment of one's face while travelling and moving around our area of jurisdiction is subject to inspection of authorities in Morong, Rizal." 
According to municipal administrator Danilo Mendoza, the order is meant to protect the lives of the general public. He cited the death of barangay captain Roger Canios, who was shot in the head by an unidentified suspect who fled on a motorcycle. 
Wearing motorcycle helmets, Mendoza said, is becoming ironic because they are used to protect the safety not of the riders or the citizens but of the killers.  
Even if Republic Act 10054 or the Motorcycle Helmet Act of 2009 mandates all motorcycle riders to wear a standard helmet, Mendoza said that the helmets are being used to conceal both the identities of the riders and their intention of attacking public officials. 
(Here, the Mayor saw that, instead of protecting the people from accidents, which is the real purpose of [Republic Act] 10054, the helmets give protection to the criminals in doing their criminal acts.)
Ironic? Definitely. Here is the reasoning of the law.
SEC. 2. Declaration of Policy. - It is hereby declared the policy ofthe State to secure and safeguard its citizenry, particularly the operators or drivers of motorcycles and their passengers, from the ruinous and extremely injurious effects of fatal or life threatening accidents and crashes. Towards this end, it shall pursue a more proactive and preventive approach to secure the safety of motorists, their passengers and pedestrians at all times through the mandatory enforcement of the use of standard protective motorcycle helmet.
https://www.senate.gov.ph/republic_acts/ra%2010054.pdf
Morong, Rizal is not the only city to have banned full-faced motorcycle helmets.

https://philippineslifestyle.com/dumaguete-city-to-ban-motorcyclists-from-wearing-bonnets-and-masks/
April will mark the month in which Dumaguete City will outlaw all motorists from wearing bonnets and masks. The law pertains to motorcycles but will also be enforced with drivers of automobiles as well. 
The law is to thwart robbers, killers and snatchers who conceal themselves before acting out their crimes.
The PNP lent their support to Mandaue's banning of full-faced motorcycle helmets.

https://www.sunstar.com.ph/article/422187
THE Mandaue City Government secured two high-profile supporters of its ordinance that prohibits motorcycle drivers from wearing bonnets, full-faced helmets, and masks when passing by the city. 
In an interview yesterday, Cebu Gov. Hilario Davide III said he favors Mandaue City’s measure because it will help authorities identify people who use motorcycles for various crimes. 
Supt. Reyman Tolentin, information officer of the Police Regional Office (PRO) 7, said that enforcing the rule will help investigators do their jobs, and that he hoped other local government units, like Cebu City, will follow suit.
I am not certain at all how local laws can supersede national laws especially now in the new normal when everyone is required to wear a mask when out in public. It's not as if RA 10054 has any teeth though because the PNP does not enforce it. The cops are not patrolling the roads and pulling over helmet-less riders. Nor do the LTO officers standing around blowing whistles stop helmet-less riders. There are many riders without helmets.


What's worse is the fact that many young children are put in danger by their parents as they ride squished in-between mom and dad or right up front on the handlebars and with no helmet. But that's a law to feature another time in Lawless Philippines.

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