Motoring Today Column

May 31, 2023

There is a piece legislation gaining traction in the House of Representatives that should interest motorists and advocates for road safety.

This is House Bill No. 408, entitled "An act providing for the definition of expressway and setting a speed limit for such highway all over the country, amending for the purpose Republic Act No. 4136, as amended, otherwise known as the 'Land Transportation and Traffic Code."

Among the controversial provisions of the HB 408 filed by 1st District Representative Ronald Singson is the proposal to raise the maximum speed limits on expressways now set at 80 kph for buses, trucks and large vehicles at 100 kph for other vehicles such as cars, SUVs and vans.

The bill proposes to set the speed limit on "controlled-access highways" otherwise known as toll roads at 120 kph speed limit for the former and 140 kph for the latter.

Less contentious is a provision that authorizes the Department of Transportation to set the safe speed limit on sections of expressways that are either narrow or winding.

It's a safe bet that majority of motorists will welcome a higher speed limit on expressways.

Despite efforts of tollway operators to apprehend and fine motorists who go over the speed limit, the warning signs of radar guns/cameras monitoring violators, and heavy fines, there are still lots of vehicles going more than 100kph.

Even before HB 408 was filed, social media have seen posts from motorists calling for higher speed limits on tollways.

Perhaps the HB 408 may have been prompted by this clamor.

It may be anecdotal but motorists, including the responsible ones who try to keep within speed limits, believe that most accidents are caused by drivers going slow, especially on overtaking lanes, and forcing faster vehicles to weave past slower traffic.

Some motorists also think it's right to hog the overtaking lane while driving at the 100kph limit, ignoring angry flashing high beam light from those tailgating them wanting to overtake. A situation that is a recipe for road rage and accidents.

Such beliefs aside, others, including acquaintances with engineering and lawyerly minds and backgrounds, are questioning the wisdom and legality of HB 408.

They argue that tollways are engineered and built to handle certain traffic speeds and volumes and those who operate, manage, and maintain the expressways should be the one to set the speed limits.

They cite the Skyway system which have a speed of limit of 80 kph and 60 kphon certain sections to ensure safety of motorists and efficiency of traffic flow

The Department of Transportation, or the Toll Regulatory Board , should only be concerned that operators follow provisions of their contract and charters and toll fees.

Toll operators should be made fully responsible for the safety and security at expressways and motorists, and that should include setting of speed limits.

But a spokesman for the TRB has reportedly said the agency would be willing to discuss increasing speed limits on expressways.

The spokesman indicated that the TRB would be attending hearings and participate in deliberations on HB 408.

It should be a good idea for motorists, the responsible ones who have a good understanding of civil engineering and its traffic engineering branch, to actively participate in deliberations on HB 408.

Still there are questions about whether HB 408 would progress into law or even whether it really should be made into law.

Riding-in-Tandem

Some laws, including ordinances, while seeming to solve one problem may not be lawful.

Mandaluyong City passed ordinances that essentially prohibit riding-in-tandem on motorcycles if the back-rider is male and not a relative of the one in front.

The ordinances - No. 550 series of 2014, No. 595, series of 2015 and No. 694, series of 2018 - were meant to prevent crimes perpetrated by those riding-in-tandem in the city.

These were questioned in court by one intrepid rider, a Dino S. De Leon , according to a PNA news reports.

A Mandaluyong Regional Trial Court ruled against the petition seeking to declare the ordinances unconstitutional.

The decision was brought before the Court of Appeals which ruled that ordinances were "unconstitutional because they are oppressive and go beyond what is reasonably necessary for the accomplishment of the purpose that the City of Mandaluyong aspires."

The CA added the ordinances "arbitrarily limit the movement and mode of transportation of male back riders even though there is no direct link or available statistical data presented to show that motorcycle riding criminals are males."

Finally the CA said the ordinances are "discriminatory both as to gender and as to the use of motorcycles as a mode of transportation and depended on broad generalizations."

While ordinances restricting riding-in-tandem practices may not be akin to a possible law setting speed limits inside tollways, which are essentially under private sector management, care must be taken to ensure such a law would be constitutional.

Happy Motoring!!!

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