Dagupan, LTO clash on helmet ordinance
TAMAYO VS. GUADIZ
DAGUPAN CITY — The regional office of the Land Transportation Office (LTO) and the Dagupan City government are headed for a major court battle over the validity of the city ordinance banning the wearing of helmets by motorcycle riders inside the city.
To strongly manifest its opposition to the ordinance, lawyer Jojo Guadiz III, LTO regional director, threatened to send an LTO team to block the enforcement of the city’s amended ordinance by arresting motorcycle riders who do not wear their helmets.
“We will penalize motorists in the city who will not wear their helmet while driving a motorcycle as it is against the law”, he said.
Guadiz said his office will not honor the ordinance passed by the sangguniang panlungsod (SP) last July 7 because “it is contrary to the national helmet law under section 3 of the republic act 10054” which states: “All motorcycle riders, including drivers and back riders, shall at all times wear standard protective motorcycle helmets while driving, whether long or short drives, in any type of road and highway”.
“An ordinance should not supersede a national law”, said Guadiz who was a former member of the SP Dagupan and chairman on the Committee on Laws and Ordinances.
The ordinance entitled an “Ordinance Instituting Certain Security Measures for the Protection of the Lives and Property of Dagupeños,” the measure has four basic components to deter criminals from committing any criminal acts against any person in Dagupan” authored by Councilor Jose Netu Tamayo, also a lawyer.
The ordinance was enacted by the SP following the rash of crime incidents in the city involving hitmen and thieves riding in motorcycles who concealed their identities by wearing helmets and bonnets.
Despite the motive of the amendment, Guadiz asserted that “the LTO will not expense the safety of the motorists and their back riders over the isolated cases of robbery and other incidents related to motorcycle riding criminals”.
He said it is the responsibility of the police “To prevent criminal activities in the city… to strengthen police presence and visibility rather than sacrifice the safety of the riding public.”
Councilor Tamayo defended the ordinance and pointed out that it does not supersede the national law as claimed by Guadiz.
“The ordinance covers only those motorists who are driving at the speed within 15 kilometers per hour in the central business district, those who are in the checkpoint area and during parades”, said Tamayo.
Tamayo reiterated that the ordinance is for purposes of monitoring and identifying motorcycle riders entering the city in order to deter commission of crimes and to help solve crimes that involve motorcycle riders.
Reacting to Guadiz’s call on the SP to coordinate with the LTO before enforcing the ordinance, Tamayo stressed that the SP had invited the LTO Dagupan district office to the public hearings and there was no objection from the LTO about the recommended implementing guidelines.
Guadiz rejected Tamayo’s assertion.
“The LTO representative from Dagupan is not authorized to speak for the whole agency in region one. They (SP) should have directed the invitation to the regional office but even without us, the law is clear about the matter” said Guadiz.
In spite of the LTO’s objection, Tamayo said the city government will assert its right to protect and safeguard the lives and properties of the city’s constituents.
“Any opposition will be answered by the city in the courts,” Tamayo intoned.
Mayor Belen Fernandez could not be reached for her comment at presstime. (Hilda M. Austria)
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