CEBU, Philippines - Cebu City actually has an existing ordinance that bans children below seven years old from boarding any two-wheeled vehicles, a law that has not been fully enforced and needs amendment, a City Transportation Office official said.
“Walay nakabutang sa ordinansa nga kanus-a dili modakop og kanus-a kamodakop, sa laktod nga estorya, makadakop mi anytime. So ang ordinansa kinahanglan siya i-amend, ato na kanang isalig sa atong mga magbabalaud,” CCTO Operations Chief Jonathan Tumulak said.
He was referring to Cebu City Ordinance 20133, also known as “An Ordinance Prohibiting the Carriage of a Child or Children below Seven Years of Age on Board a Motorcycle, Motorized Scooter or Bicycle or Any Other Form of Two-wheeled Vehicle.”
The 11-year-old local legislationgained different views since last month when President Benigno “Noynoy” Aquino III approved the “Children’s Safety on Motorcycles Act of 2015" that bans children on motorcycles unless they can reach the vehicles’ foot peg, grasp the driver’s waist or wear protective helmet.
Tumulak said they have implemented the ordinance by reminding drivers but have not strictly apprehended violators.
“Regarding City Ordinance 2033, dili ko katubag in behalf sa nangagi sa CITOM (City Traffic Opertations Management). Ni-implement mi ana pero wala mi hugot nga nanakop. Namadlong ra mi,” Tumulak told reporters yesterday. The ordinance was approved on November 17, 2004 during the time of former mayor TomasOsmeña.
“Among namatikdan nga sa among pagpara og pagpahimangno sa drivers sa pagdala sa motor, na-feel namo ug nakita namo ang mga bata nga ilang sakay nga nahadlok. Sa amo lang kay ang paglikay nga dili ma-trauma ang bata maongwala jud mi modakop,” Tumulak said.
By passing the ordinance, the city government recognized that carrying children below seven years of age on board any two-wheeled vehicles poses imminent danger to their lives.
“It is the paramount concern of the government to ensure the safety of children and to avoid the exposure of children to undue hazard,” read the ordinance, which was attested by Mayor Michael Rama, who sat as the presiding officer way back then.
Violators shall be penalized with not less than one month but not more than three months and a fine of not less than P200 but not more than P500 with the discretion of the court.
“Naay mangutana kon kanus-a namo hugot nga ipatuman, mahibaw-an na ninyo nga among na-implement during the time nga amo namong gidakop,” Tumulak told vehicle drivers.
While the local ordinance covers all kinds of two-wheeled vehicles, the national law only includes motorcycles.
Republic Act No. 10666, also known as “An Act Providing for the Safety of Children Aboard Motorcycles”, was signed on July 21, 2015 after the Senate and House of Representatives passed the measure last May 27.
“It shall be unlawful for any person to drive a two-wheeled motorcycle with a child on board on public roads where there is heavy volume of vehicles, there is a high density of fast moving vehicles or where a speed limit of more than 60/kph is imposed,” read the law, published on the Official Gazette of the Republic of the Philippines.
Once found violating the law, a person can pay at least P3,000 to P10,000. Third offense shall suspend the violator’s driver’s license while beyond the third time of violation could result to automatic revocation of the driver’s license. The Land Transportation Office, as the lead agency, is tasked to enforce such law. – (FREEMAN)