SECTION 1. Short titles. These regulations are referred to and referred to as the Regulations (RT) of the Prevention of Motorcycle Crime Act (R.A. 11235). “Republic Act 11235 was passed to protect the public from criminals who use motorcycles. It was enacted to protect innocent people from criminals loaded with motorcycles by making it easier to identify certain vehicles used in many crimes by requiring larger, legible and more identifiable license plates,” he said. However, more than the license plate specifications are the essential provisions of RA 11235, which provide for severe penalties and imprisonment for violations. These were maintained despite the appointment of the President in the TRI. Senator Richard J. Gordon pointed out today that Republic Act No.
(RA) 11235, also known as the Motorcycle Crime Prevention Act, designed to protect the public, including motorcyclists, from tandem driving. “With the proper implementation of RA 11235, perpetrators are easily caught in tandem driving, as license plates can be easily read and monitored,” he explained. B. The registration of motorcycles that have already been renewed for the current year in accordance with the schedule established by the LTO until the entry into force of this TRI shall be considered applied for the issuance of registration plates in accordance with R.A. 11235. The Bureau of Land Transportation has issued implementing regulation for Republic Act 11235, aka the Motorcycle Crime Prevention Act. “Due to the dismal failure of the Land Transport Bureau (LTO) to implement RA 11235, more and more people are being killed by criminals in tandem incidents,” he added. According to Philippine National Police (PNP) records, an average of four people are killed every day by suspects driving in tandem. Article:LTO 11235 LTO Motorcycle Crime Prevention Act Motorcycle Crime Prevention Act IRR Motorcycle Crime Prevention Act LTO Provisions of the Motorcycle Crime Prevention Act Penalties Requirements of the Motorcycle Crime Prevention Act RA 11235 RA 11235 IRR § 17. Republic Act No. 11235 approved initial funding of one hundred and fifty million pesos (150,000,000.00 pesos) for its implementation, which is to be incorporated into the General Appropriations Act. Subsequent funding will also be included in the General Funds Act.
Effective immediately, RA 11235 was originally renamed on September 28. It was signed by President Duterte in March 2019 and contains several provisions: requirements and penalties for vehicle registration and color-coded license plates. Although he claims to support this anti-crime law 100%, Duterte considers RA 11235 to be “unfair and discriminatory,” especially for ordinary employees who use motorcycles as a means of daily transportation. So this LTO IRR apparently puts the president in a “something win, lose something.” In addition, Judge Lex Machina, a group of lawyers who are also avid drivers, filed a petition in Quezon City Regional Magistrate`s Court (RTC) last year challenging the constitutionality of RA 11235. The case is still ongoing. What do you think the court will decide? [Full text of the Prevention of Motorcycle Crime Act IRR. See also summary/Highlights; Introduction to RA 11235.] Paragraph 19. – All motorcycles must bear larger, legible and color-coded license plates in accordance with the provisions of R.A.
11235. Paragraph 20. – All laws, ordinances, ordinances and rules and regulations or other expenditures or parts thereof that are inconsistent with the provisions of this IRR shall be repealed or amended accordingly. Before we continue, let`s refresh your memory. A month after signing RA 11235, Duterte, a motorcycle enthusiast, suspended implementation of the bill and asked Congress to reconsider regulations regarding the size and material of the front license plate. In addition, he called for the reduction of sentences for certain violations. Drivers, do you find the penalties a bit harsh or discriminatory? Well, IRR Section 18 requires the creation of a congressional oversight committee consisting of five members of the Senate and House of Representatives. It is co-chaired by the chairmen of the Senate Judiciary Committee and the House Transportation Committee, and is responsible for conducting a review and evaluation of Republic Act 11235 one year after its implementation begins. Pursuant to Section 17 of Republic Act No. 11235 and in order to ensure its effective enforcement, the following implementing provisions are promulgated: Section 18 of the Motorcycle Crime Prevention Act by Congress.
The Act established a Congressional Motorcycle Crime Prevention Act Oversight Committee to, among other things, review and evaluate the implementation of Republic Act 11235. The Congressional Oversight Committee consists of five (5) members of the Senate and five (5) members of the House of Representatives. It is co-chaired by the chairs of the Senate Judiciary Committee and the House Transportation Committee. Such review and oversight by Congress shall be conducted annually, beginning one (1) year after the effective date of Republic Act No. 11235 and thereafter as determined by the Committee. The Bureau of Land Transportation (LTO) has just issued the Enforcement Rules (TRI) of Republic Act No. 11235, also known as the Motorcycle Crime Prevention Act, with some changes from the original version signed by President Rodrigo Duterte on March 28, 2019. Paragraph 11. Seizure and confiscation of a motorcycle. – A motorcycle used to commit a crime or misdemeanour will be seized by the PNP as evidence in a secure seizure center provided by the local government until the conclusion of the proceedings. Such a motorcycle will then lapse in favour of the government, unless the court declares that the defendant is not guilty of the alleged offence or that the motorcycle belongs to an innocent third party. Paragraph 22.
Efficiency. – These Regulations shall enter into force upon publication in the Official Gazette or in a newspaper of wide circulation and upon registration with the Office of the National Administrative Registry of the University of the Philippines Legal Center, U.P. Diliman, Quezon City. The confiscated motorcycle may not be used by any person or for any purpose other than transportation to the place of seizure. Unauthorized use of a seized vehicle may be reported to the Joint Operations Control Centre of the LTO and PNP by any person who witnesses such unauthorized use. a. “Backrider” means any person seated on the back of a motorcycle, or a passenger on a motorcycle. Under Article 14, drivers convicted of using a stolen plate face either imprisonment from the mayor or a fine of 50,000 to 100,000 pesos, or both, depending on the court`s decision.
The Bureau of Customs (BOC) shall issue appropriate guidelines for the importation of motorcycles in accordance with the 112345 of the RA and this TRI. After the entry into force of these directives, the LTO does not allow the approval of motorcycles which are not able to carry and produce the required legible plate. Other provisions require the confiscation of the motorcycle not only on the basis of the above-mentioned offences, but only on the basis of suspicion of involvement in the commission of an offence. Paragraph 7. Failure to register or report the sale or assignment. – If the owner does not register within five (5) days of acquiring the property or does not immediately notify its sale or transfer within the period provided for in Article 4 of this Agreement, the owner shall be liable to imprisonment by arresto mayor up to and including the correccional prision within the meaning of the revised Penal Code or a fine of at least twenty thousand pesos (P20, 000.00), but not more than fifty thousand pesos (50,000.00 pesos) or both. This should be good news, at least for drivers: owners of seized units will have less trouble this time around, as stray law enforcement agencies will not be spared potential liabilities due to TRI. Under section 9, they face imprisonment, which may incur administrative costs, if they fail to report a confiscated motorcycle within 24 hours.
If the device is damaged while in custody, the arresting officer must pay the full amount of the unit to the owner of the motorcycle. Under article 12 of the IRR, motorcycle owners will be liable to a fine of P 20,000 to P 50,000 if they fail to report within 24 hours that their licence plate has been stolen or lost. This must be reported to the Joint LTO and PNP Operations Centre, which must also submit an affidavit of loss within 72 hours. However, if the lost, damaged or stolen license plate or legible license plate is used in connection with an offense punishable under the Revised Penal Code or special penal laws, failure by the owner to report within three (3) days that the motorcycle has been lost, damaged or stolen will expose the owner to arrest by the mayor to a corresponding prison sentence. By law, motorcycles must receive their license plates within five days or face confiscation. Paragraph 12. Loss of license plate. – If the license plate of a motorcycle is lost, damaged or stolen, the owner of this motorcycle must report it to the LTO and PNP Joint Operations and Control Center within twenty-four (24) hours. The Owner must file a notarized affidavit with the nearest LTO office within seventy-two (72) hours of reporting the loss or damage.