This column has repeatedly urged Metropolitan Manila Development Authority General Manager Thomas “Tim” Orbos to take a second look at his purported “solutions” to the traffic mess in the metropolis. Obviously, Orbos does not care to listen and like many upstart officials of the government, he believes that he has a monopoly of great ideas. Nobody at the MMDA head office will dare disagree with him.
Orbos’ approach to the traffic mess is outright prohibition, and not reasonable regulation. Too many vehicles on Edsa? Orbos’ solution is to ban 20 percent of the vehicles from the road on the basis of the last digit of their license plates.
That may reduce the volume of vehicles on the road, but the relief is inequitable, because households which own more than one vehicle are at a marked advantage over those who own only one. Inevitably, the measure espoused by Orbos favors those with more resources over those with less.
The Orbos vehicle ban also invites legal dispute. Vehicle owners are required by law to pay a so-called “road-users tax” each time they register their vehicles. This tax notwithstanding, motorists are denied the use of the roads once a week.
At first glance, the arrangement does not seem to be so objectionable, but then, Orbos allowed exemptions to his once-a-week road ban, too many to escape attention.
Motorcycles are exempted from the Orbos road restriction measure, apparently on the impression that motorcycles use less road space compared to four-wheeled vehicles. This is hogwash.
Precisely because of their smaller size, motorcycles are able to weave through traffic in complete disregard of traffic regulations. Whenever traffic accumulates at an intersection, motorcycles create their own counterflow and reduce the space of the opposite lane. They also have the bad habit of going ahead of the vehicles and stationing themselves smack on the pedestrian lane, without due regard for pedestrians. This compels pedestrians to cross the street wherever they find it convenient to do so.
Many of these motorcycles belch smoke because they dilute their fuel with oil, just to cut costs. Plenty of them do not even have mufflers. A lot of these noise makers have no regard for school and hospital zones.
Along Edsa and other major roadways, motorcycles use any lane they want, and they travel at their own pace, with no concern for the four-wheeled vehicles behind them.
One does not need a formal study to confirm these observations. All one needs is to observe any major intersection in the metropolis for confirmation.
Because of their mobility, motorcycles are the motor vehicles of choice of assassins and terrorists who liquidate people in public places. Since motorcycles are not covered by Orbos’ road ban, the motorcycle will certainly remain in the list of preferred motor vehicles of criminal syndicates.
On the matter of public safety, suffice it to say that two weeks ago, a barangay official in Cavite was killed by assassins riding in tandem on a motorcycle. A news feature on television also showed two motorcycles crashing into each other on a major road in broad daylight.
Government vehicles are also exempted from Orbos’ once-a-week road use ban. This means that government officials may use the roads anytime, while the taxpayers, the supposed “bosses” of government officials, are denied that prerogative. Isn’t that violative of the principles of democratic and republican government?
It is an open secret that ranking government officials are issued alternative license plates for their vehicles, and that they interchange the use of these plates to circumvent the road use ban. Special plates bearing intimidating names like “Philippine National Police,” “Armed Forces of the Philippines,” and “National Bureau of Investigation” are also used indiscriminately to circumvent the same ban. Unscrupulous officials even make money by selling or renting out these special plates to businessmen who use them to exempt their vehicles from the road ban. No MMDA traffic enforcer will dare flag down any of these vehicles.
All vehicles, whether private owned or owned by the government, must be duly registered with the Land Transportation Office. Many government vehicles traversing the major roads in the metropolis are not even properly registered with the LTO. Their license plates are not even updated. A number of government vehicles on the road do not even have license plates!
As in other cities, many vehicles at the Quezon City Hall compound do not have updated registration, but they are still being used on the road.
Orbos is currently entertaining plans to authorize privately-owned tow trucks to take away and impound vehicles stalled on the streets. Whether this task may be validly delegated to private concessionaires is a delicate legal issue. Impounding private property like a motor vehicle must be done personally by a public officer, and not by a mere private hireling contracted by the MMDA. To allow that is like allowing a private security guard hired by the government to enforce a search a warrant or a warrant of arrest.
What happens when the personnel of the towing concessionaire commit abuses? Are they public officers who may be haled to the Office of the Ombudsman? If they are, do they submit the requisite Statement of Assets, Liabilities and Net Worth expected from public officers?
Towing and impounding vehicles stalled along major roadways is a concern of law enforcement. Being so, it cannot be delegated to private contractors. That is like hiring private policemen to enforce the law. If Orbos’ plan is carried out, he may be courting anti-graft raps.
The excuse that the MMDA has no personnel or the proper equipment to tow and impound vehicles stalled on public roads is no justification for breaching the rules on law enforcement. If the MMDA cannot enforce its rules, then it shouldn’t create those rules in the first place.
