16/10/2018
Post from atty, Arojado:
"Since many of my friends are messaging me, here's my limited research so far about this LTO brouhaha:
Only Congress can make laws with national application. LTO is not Congress. LTO can only issue rules and regulation to implement the law. So what does the law say about steel bumpers, lifted vehicles, and all-terrain tires being prohibited?
None. Nada. Wala. Zilch. Zero.
The law did say something about changing rim or tire size:
"SECTION 11. Additional Fees. – In addition to the fees elsewhere provided in this Act, for each change of registration, from private to for hire or vice-versa; revision of gross weight rating, change of tire size; transfer of ownership; replacement of a lost registration certificate, number plate, driver’s license or permit; badge; preparation of affidavit or certified copy of records, or for any similar circumstances requiring the issue, revision, or reissue of a certificate of registration, driver’s license, badge, permit, or other document, a fee of two pesos shall be collected." (Source: REPUBLIC ACT NO. 4136, "AN ACT TO COMPILE THE LAWS RELATIVE TO LAND TRANSPORTATION AND TRAFFIC RULES, TO CREATE A LAND TRANSPORTATION COMMISSION AND FOR OTHER PURPOSES".)
Bawal magpalit ng gulong/rims? Hindi po. Just have it registered para safe and pay 2 pesos.
What about Department Order No. 2010-32 re: HARMONIZATION OF MOTOR VEHICLE (MV) CLASSIFICATIONS OF LTO AND LTFRB, the legal basis kuno of the LTO's sudden zeal in apprehending motorists? See below:
"Section 5. Guidelines and Requirements in the Reclassification and/or Registration of Modified Motor Vehicles:
5.2 The modifications involving safety and environment shall not be allowed, such as the following:
5.2.1 Axle modification;
5.2.2 Chassis modification;
5.2.3 Extended chassis / body;
5.2.4 Additional sidings of dump trucks;
5.2.5 Extended overhang;
5.2.6 Change of rim size;
5.2.7 MODIFICATION OF HANDLE BAR and MUFFLER; and
5.2.8 Reconfiguration of body dimension and design."
The law states changing rim size may be subject to payment of additional fees. It doesn't say you can't change rim/tire size. The Department Order prohibited it. So which is supreme? The law made by Congress or a mere department order?
Since we follow a strict heirarchy of laws: (The Constitution- Republic Acts- Ordinances) administrative rules like department orders cannot supplant, amend or revise the law. They are merely implementing rules to put the law in operation.
Hope this helped."
