Being vague can be lethal

The Land Transportation Office released on Jan. 18 a circular for other law enforcement agencies about Sec. II(d) of the Joint Administrative Order No. 2014-01, reminding the parties and agencies concerned that any vehicle utilizing sirens, flashing lights and/or LED light bars and the like are illegal, and those possessing them should be apprehended.

Erring motorists would have their vehicles impounded, the modifications removed, and be required to pay a fine of P5,000.

This drive to eliminate the use of LED light bars, sirens and flashing lights is meant to improve road safety since removing vehicles equipped with these so-called devices would be to the benefit of other motorists, pedestrians, and the like.

While this is all fine and dandy, it is vague. Very vague.

Robby Consunji, avid offroader and president of the Car Awards Group Inc., the largest and most respected body of automotive journalists in the country, said in reply to JAO 2014-01: “In constitutional law, a statute is void for vagueness and unenforceable if it is too vague for the average citizen to understand.”

The LTO and the other government agencies concerned seem to have forgotten to do their homework. The main problem with JAO 2014-01 is that, ultimately, it lacks clear, measurable, definable and consistent standards which can easily and readily be replicated with any form of accuracy and/or consistency.

This is precisely Consunji’s point. This circular, which on surface at least, has good intentions, lacks any technical guidelines.

And since the use of these are technical in nature, the government needs to define the technical standards as to what is illegal and what is not, what is prejudicial and what is not, and what is unsafe to other motorists and what is not. As my friends who works with government always say, there is a lack for any implementing rules and regulations, and terms of reference.

This is the same problem plaguing the lemon law, and, most recently, the infamous and purported sudden unintended acceleration issue of the Mitsubishi Montero Sport.

The LTO and the Department of Transportation and Communications lack any form of technical skill, know-how, guidance, measuring/testing equipment, as well as established and respected resource persons in their fields who will determine the truth about these matters, or at least generate an educated, well-founded conclusion based on technical information rather than rumor, hearsay or popular opinion.

This is technical in nature, not an abstract difference in opinion or interpretation. If it is technical, finding the truth should be easier. And precisely because it is technical, it should be measurable, quantifiable and, to a certain extent, not something open to interpretation based on other’s point of view.

To put it succinctly, it is a number’s game. And though numbers don’t always tell the entire, complete truth, numbers never lie.

What is equally worrying, is that on the circular dated Jan. 18, the last part of the statement said “… and all other modifications.”

So does the LTO and the rest of the government want to ban all modification on all cars? Why?

There has not been a comprehensive, all-inclusive study made on the local aftermarket industry. Many guesstimates put it at roughly 20 to 30 percent in value to the overall car industry.

By my estimates, based on Campi records for average vehicle prices and total car sales figures, the car industry is at least a P38- to P40- billion per year industry.

And it will grow yet again in 2016, perhaps reaching as much as P50 billion in terms of vehicles sold.

The aftermarket—which, in the fullest sense, means anything bought outside of the dealership (tires, batteries, wheels, performance parts, suspension upgrades, body kits, in-car audio and electronics, the list goes on)—would amount to P12 to P15 billion.

That is serious money! It provides thousands of job, billions in tax payments to the government and a means of enjoying our vehicles, since driving them is obviously unenjoyable most of the time due to the stupid traffic problem our government has yet to solve. And the LTO wants to put a stop to this industry? Really?

In the United States, Australia, Japan, the United Kingdom and Germany, car modifications are heavily regulated and monitored, but nonetheless allowed.

They have noise limits for engines and exhausts measured by scientific decibel meters at specific RPM points.

They have headlight-alignment measuring devices. They have a simple tire tread depth test to determine if your tires are still road-worthy.

Of course they have emissions testing equipment to see if your vehicle with its engine modifications are still legal for street use.

And even the opacity of the tint in your windshield and mirrors will still allow law enforcement officers to approach your vehicle without risk to their lives.

It’s pretty strict, but if you pass the standards, then your car is legitimate for road use.

This sort of testing criteria with set standards is what the LTO and the rest of the government need to put in place.

Sure, it will require a huge generation change in attitude, massive investment in testing facility, as well as establishing guidelines, regulations, reference terms and the like.

But this is the right way, the proper way, and the only way JAO 2014-01 can be truly fair, impartial and fully implemented.

This is also how the lemon law can truly be relevant, and this is how motorists can enjoy modding and tuning, upgrading and personalizing their cars without fear of being harassed by local authorities.

Roberto P. Cabrera III, the LTO assistant secretary who signed the latest LTO circular reminding law enforcement agencies of Sec. II(d) JAO 2014-01, should temporarily postpone the enforcement until clear standards are established.

If no specific technical standards are given, this leaves a lot of leeway for ill-advised interpretation of the law, as well as room for corruption.

I agree with the spirit of Sec. II(d) of JAO 2014-01 as it seeks to remove stupid idiots driving with their LED light bars in bumper-to-bumper city driving at night, but I disagree with how the LTO is trying to enforce this rule.

Mr. Cabrera, you are a lawyer, so please understand the need for technical standards as cars, their use and their accessories, and other modifications are technical in nature.

Banning modifications as a whole will be detrimental to hundreds of thousands of Filipinos whose livelihood depends on this industry.