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BY AYIN DREAM D. APLASCA
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ONE THING I love about my job is I get to travel. When I say travel, I travel taking almost all forms of transportation. And since I started practicing my profession, I always revisit the northern part of Iloilo.
A few weeks ago, I had my first trip on the northern part of the province. I had so much fun and thrill because it was something new and peculiar in a good way. The first time I landed my feet on its ground, someone called me, “Motor (motorcycle), ma’am?”
At first glance, it’s just like any other motorcycle routing a busy street. Except, of course, that there is an extra helmet from the handlebar of the motorcycle. It wasn’t new to me because my father is a newspaper delivery guy and he uses a motorcycle.
However, the difference with these motorcycles is that they are being used to transport people and goods for a fee. It is only limited to the upland and rural areas. The two-wheeler is called habal-habal. In general, it refers to the crammed sitting position of the riders. It’s the new taxi!
Frankly speaking, habal-habal is illegal in the Philippines at present. No helmets are required since implementation of the law mandating the use of helmets is not strictly implemented in upland and rural areas.
I haven’t asked my client if the use of habal-habal is regulated in their place. This is still risky. I am not totally disapproving this kind of transportation because let’s face the fact that this is the only way we can get to our destination. Of course, unless you have your own private vehicle.
Still, the problem with this mode of transportation is that it is illegal and unregulated in our country.
The Land Transportation and Traffic Code, or Republic Act 4136, prohibits the use of motorcycles for public transport. Particularly, Section 7 states that motorcycles, scooters or motor wheel attachments “shall not be used for hire under any circumstances and shall not be used to solicit, accept, or be used to transport passengers or freight for pay.”
This kind of transportation is not covered by passenger personal accident insurance that is required for public utility vehicles. Thus, when the passenger gets injured or killed, he or she does not get any kind of indemnification.
With these consequences, should the government legalize and regulate habal-habal to ensure public safety?
I’m on the affirmative because this is one of people’s way to earn money provided only that the government regulates this. Drivers should undergo road safety seminars. Motorcycles should be registered and have the compulsory third party liability insurance.
The next time I go to the north, I’ll check if their motorcycles have “for hire” plates. If there are none, then I believe the government must choose – stop it or allow it – before it becomes too late. But then again, the government can always regulate this for safety and livelihood purposes.
(Atty. Ayin Dream D. Aplasca practices her profession in Iloilo City. She may be reached thru ayindream.aplasca@gmail.com/PN)
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