THE City Council committee on public utilities, energy, and transportation will recommend the repeal of an ordinance easing the mandatory wearing of helmets by motorcycle riders, its chairman said yesterday.
“The ordinance that the 20th City Council approved a few months ago (last December)…(after much discussion we in the committee) decided (to recommend for its) repeal because it’s both unclear and inconsistent with the provisions of the national law. And if there’s any move to create a similar ordinance that will come later,” Councilor and committee chairman Romeo Calizo said.
During the committee hearing, Regional Director Nelson Manoloto of the Land Transportation Office-10 (LTO-10) reiterated that a local ordinance cannot supersede or override Republic Act 10054 or the Motorcycle Helmet Act of 2009.
“The law is very clear on this…thus we (LTO) have no authority to ease up or relax that mandatory wearing of helmets (while riding on the road),” Manoloto said.
The ordinance approved last December allowed motorcycle drivers and riders to remove their helmets while driving within the urban area and some areas provided they observe the 30-kilometer per hour speed limit.
The ordinance was authored by Councilor Edgar Cabanlas in response to the challenge by law enforcers to identify motorcycle-riding assailants carrying out drive-by shootings.
This issue is also faced by other local governments in the country whose leaders called for the easing of the helmet law.
“Much as we would like to help the local government and we understand that their primordial concern is peace and order, there’s a national law and a local ordinance cannot override a national law….it would be good if the city government (reconsider their position),” Manoloto said.
Calizo agreed, saying that the ordinance would ‘sow confusion’ among RTA and LTO enforcers concerning its enforcement.
“This being the case, we will submit (our recommendation for repeal) to the 20th City Council’s committee on laws and rules and if it’s approved then we will bring this to the plenary (by next Monday’s session),” he said. (Stephen Capillas of City Information Office)
