More To Do On A Sunday

What to do? Get busy that's what. I started moving the shop indoors today, along with the welding table, drill press, metal slicer, big ass argon tank and other whatnots. All the while waiting for some sign from Gil for a short ride around the metro. Since I'm not the type to let time pass by unused I finished sealing some welds on the jig, going back and forth on the CAD to sync my measurements. Having the stainless option is cheaper than staying with the prescribed specs although one downside to it was the varying thickness of the metal and thus the varying amperage I've to use with the TIG. Always my practice to start off with an sample bit of the actual metal before finalizing the welds, recent problems with burn-through prompted me to do so.

Also been busy with customizing my own designs for the tools I need. Since necessity is the mother of invention, and for the lack thereof of available tools, I'm stoked on making my own tools. Already on my 4th revision for the bender that started floor mounted (but then I thought I'd have to go through all that trouble of drilling it to the ground), then vertical (but then again there's the issue of having to exert some effort to activate the hydraulic jack, tho this is the better option), and finally the automated hydraulic bender which I am currently redesigning as per available resources. The notcher is done and in waiting. I'll just have it cut and weld it myself. The air hammer was surprisingly easy. The plans I got were so simple I finished it in less than 2 hours. The lathe? Hmm.. the lathe. Well yes I do need one. Still scouting. Pretty sure something's gonna pop up at the right time somewhere.


The Covell vids came last week and they were extremely helpful. My main concern in building it the right way as opposed to the quick way is its usability. I have to make sure it will not fail during service because it's not my name that's at stake here, but the customer's neck. I've even been to a couple of shops (not that many and even fewer who do it the right way) who use stick welding to make frames! Forget the part that stick welds are dirty looking, but they're also brittle! Not really the best option if you're joining for example - the neck - where most of the frame stress is concentrated.. and some don't even bother to use a jig fer cryin' out loud. "Mata-mata lang yan" or plain eye alignments. Yeah, typical Filipino mediocrity. Goodness me, can you spell "death wish"? I know two cases where the frame they had made elsewhere split right down the middle of the weld, fortunately for one of the guy he was near his home and was in really slow cruise, but the other one.. well.

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On the other side of things there's a show called BIKES tomorrow 10PM at IBC13 (didn't know they were still up) that's been quite the buzz over at the forums. Heard that by October 6 they'll already be at Viva Prime Channel. Will check it out.

A Fish Is Always Caught By The Mouth

Geez, these days I could barely force myself to check out the forums with all the panic and stabbing going on against the LTO and between riders. But I have to keep informed since everyday is really a question whether "should I take the bike today?" and "would I be apprehended today?"

The only question I had to trouble myself before was "is it going to rain today?". Now with all the sharks in a frenzied race to hit their daily extortion quotas, what was once a peaceful zen practice is now a stressful mind game. As if the gas prices weren't a hassle enough eh? I have to plan my route now, whereas before I can ride anywhere to my heart's desire, always taking the long-cut just to extend my pleasure. I'd go out 1AM and just ride around Makati and back, grab some munchies, sit back on some silent 24-hour convenience store and admire the silently deserted streets.. ah, bliss..

Anyway, I'm drifting again. This is a good read:

TOP officials of Dumaguete City sued Department of Transportation and Communication (DOTC) and Land Transportation Office (LTO) officers for implementing an alleged illegal order.

Mayor Agustin Perdices and the City Council of Dumaguete headed by Vice Mayor Woodrow Maquiling have filed declaratory relief before the City Prosecutor's Office Monday afternoon against the implementation of Administrative Order (AO) 2008-015 issued by LTO Chief Alberto Suansing.

The questioned AO, dated May 15, 2008, was approved by Transportation and Communication Secretary Leandro Mendoza.

Aside from Secretary Mendoza and Suansing, the charge sheet also includes LTO Regional Director Raul Aguilos and LTO Dumaguete District Chief Ely Cabanag.

The petitioners have asked the court to issue a Temporary Restraining Order (TRO) ordering DOTC and LTO officials to cease and desist from enforcing and implementing the questioned AO.

City officials also asked the court that the order be declared null and void for having been issued without authority of law.

Councilor Rommel Erames, who initiated the move and not Councilor Antonio Remollo as reported earlier, stressed that the AO is now in the process of being implemented by Cebu-based LTO agents who are endlessly harassing motorcycle and scooter drivers in Dumaguete City.

Drivers of motorcycles and scooters are being penalized from P1,000 to P1,500 per alleged violation of the penal provisions of the AO.

Non-wearing of "standard helmet" will be penalized by P1,500 per violation.

Section 1 (h) of AO AHS: 2008-015 provides that the standard helmet is approved by the Department of Trade and Industry (DTI) with PNS-UN ECE 22 marking.

Councilor Erames, however, stressed that the prescribed helmet is not available in the market.

A memorandum issued by Engineer Jesus Motoomull, director of Bureau of Product Standard (BPS), stated the LTO order was implemented without consultation and that even BPS was not able to get a draft or official copy of the AO.

Motoomull stressed that BPS had only known about the AO accidentally during the DOTC Road Safety Board Meeting on June 23, 2008.

In a memorandum dated September 3, 2008 to DTI Undersecretary Zenaida Cuison-Maglaya, Motoomull said during the consultation conducted on July 29, 2008, he informed the LTO and DOTC that there is an implementation phase for PNS UN ECE 22.

Councilor Erames, who is a lawyer by profession, said there is a spontaneous uproar and protest against the questioned AO and its implementation among the citizens of Dumaguete, including him and his co-petitioners. He described the AO as invalid and illegal.

"There is no law upon which Administrative Order AHS: 2008-015 is based," the petitioners alleged in the charge sheet.

City officials maintained there is no law, which authorizes respondents to promulgate rules and regulations for the use and operation of motorcycles on highways.

The law defined "highway" as all public thoroughfares, parks, alley except ground owned by private persons, colleges, and universities, and similar institutions.

"Plainly, when respondents Mendoza and Suansing promulgated 'rules and regulations for the use and operation of motorcycles on highways', they were unlawfully exercising legislative power which appertains exclusively to Congress, a clear violation of principle of separation of powers enshrined in the Constitution," read the charge sheet filed by the city officials of Dumaguete.

Lifted from SunStar dated September 24, 2008 - article by Victor Camion

Up yours..

You don't need to be a law person to see through the flimsy veil of the Administrative Order. The reason why I am totally against it, aside from its utter stupidity, is that it violates the constitution. It's nothing but a propaganda to make money. Period. Nothing else. I see no reason to "meet them halfway" regarding something blatantly illegal. That would place me along their line of stupidity as well.

Here's another revelation regarding the Department Of Trade and Industry's stand on the LTO as posted by enshongi over the MCP forums. The best defense is to be armed with the right knowledge:

Hello fellow riders!

I'd like to share what I did re the new LTO AO. Say I wanted to get LTO/DTI approval for the modification on my mc.

The local LTO said to go to the DTI to get approval. Then I called up our local DTI office here in the province (r10) re the new LTO AO. Here's what the DTI said: The DTI DOES NOT give approval/permit to modifications on motorcycles. Here's why:

DTI does not cover modifications on motorcycles under the current laws, ONLY for trucks and other 4 wheel vehicles (right hand drive to left hand drive i assume). In Cagayan de Oro, there is ONLY 1 accredited shop that modifies TRUCKS. The rep then said if you had your motorcycle modified in that accredited shop then the said truck/machine shop will issue a clearance/permit stating the modification (for registration perhaps). (Why would I go there and have my mc modified there in the first place eh pang truck lang ginagawa nila).

Now I explained to the section chief about motorcycle shops that replace many parts of the motorcycle, and I BELIEVE there is not one mc shop here in the country that is registered under the DTI that modifies motorcycles simply because THERE IS NO LAW that mandates such mc shops to register with the DTI to modify mcs.

I also informed the person re the stiff penalties of said AO, and the tendency of the motorist to do away with the ticket through lagay and the AO is breeding corruption among the LTO enforcers. The rep said the AO was rushed without even consulting the DTI. They are still going to discuss the issue re the LTO AO.

There is even a moratorium on the type of helmet that a motorist will use, since DTI still has to release a correct standard to follow re the type of helmet (DOT,ECE, etc.) So a rider can be issued a ticket for NOT WEARING A HELMET but not the wrong type of helmet.

So I invite my fellow riders to call up your local DTI offices to ask them about the new LTO AO.

Cheers!

This is to educate and inform. There is also an internal memorandum from within DTI regarding setting up a meeting with LTO circulating around Cebu. Hope I get a hold of one. Later.

Dress 'Em Right

The Gollum side speaks. As the signature in the website goes, "Fairings are for homos."

The Slow Crawl

This took out most of my savings for this month.. ok, all of my savings. With bills to pay and still more pending, at least I get to have things rolling before bonus comes, still way off, and I'd finally fill in the missing links on the shop. This will do for now. But I do need a darn lathe.
A day at a time for each tool and the shop grows continually. Only fools hurry. Perfection - takes time. I prefer the slow steady climb as opposed to a quick rise.

The Drama Unfolds

I think someone's head is about to crack with this comedy. Where else will you find people with sesame-seed-sized brains holding public office? It would be interesting to see how this play would turn out. You don't need to be stupid to see this is one big fund raiser for the perpetrator in question. Heck, they don't even know the difference between the words "modified" and "replacement". The AO is a joke, and is a clear indication of a disturbed old man who is having a hard time going through puberty.

But then again there are those who would not take this sitting down. Go on pops, tell 'em their fly's open.

Motorcycle group to fight LTO's AO 2008-015

By Maricar M. Calubiran

An association of motorcycle enthusiasts in the city is preparing to seek remedy from the court should the Land Transportation Office (LTO) will impose Administrative Order 2008-015 prescribing the rules and regulations for the use and operation of motorcycles on highways comes September 1, 2008.

City Councilor Antonio Pesina said the Ultimate Motorcycle Association sought his assistance to contest the implementation of the order particularly on the section which prohibits "modification of the original standard design of a motorcycle or scooter.

Section VII, Paragraph 3 of the AO states that "any modification of the original standard design of a motorcycle or scooter shall first be subject to the approval of LTO and the Department of Trade and Industry (DTI)." Modified motorcycles not approved by the DTI would be fined P2,000.

Pesina said the particular section is "unconstitutional." It deprives the owner to enjoy his motorcycle. Also, Pesina said, the fines imposed in the said AO are too much. The group would be compelled to seek relief from the court if the LTO pushes through with its implementation next week, he said.

Pesina stressed that the modification of the motorcycle will not affect the safety of the driver and the passenger. They should focus more on the safety if the same order was indeed meant to protect the driver and passenger. The gray areas in the AO must be cleared before its implementation on September 1, said Pesina.

There are owners who want to modify their motorcycle units depending on their needs. He said there are owners who want to replace their side mirrors to give better view as they traverse the streets. The replacement of side mirrors will not pose danger to the lives of the drivers and passengers. It will even be a part of their safety measures, he said.

Meanwhile, the group maintains that there is no question with the LTO's directive to used to use protective gears when riding motorcycles. However, there should be clear cut instruction regarding the wearing of helmets and there must be consideration on the imposition on the use of other protective clothing as stated in the AO.

As provided in the AO those caught without helmets would be fined P1,500; motorcycles with excessive passengers and cargo would be fined P1,000. Those with defective accessories would be fined P1,000. While, Motorcycle riders not wearing protective devices would be fined P500 for the first offense, P700 for the second offense and P1,000 plus revocation of drivers license for the third offense.

Pesina observed that the drivers understand that importance of using protective devices to protect themselves.

Earlier, LTO regional director Gerard Camiña said they will be implementing AO 2008-015 starting September 1 despite strong protests from motorcycle owners.

Camiña emphasized that the AO 2008-015 is for the safety of motorcycle riders. He said they are merely implementing the order which came from the LTO central office.

Camiña said the AO was supposed to have been implemented last June yet but they moved it to September in order to give time for massive information dissemination.

*lifted from The News Today

Here's a juicy bit from Jobert Bolanos a.k.a. click-me over at MCP. It's worth the read:

Another defense against the LTO AO that can be raised at adjudication is that it exceeds the mandate of the DOTC and LTO.

Under Executive Order No. 125-A (http://www.lawphil.net/executive/exe...25_a_1987.html), the DOTC/LTO has no lawmaking power with respect to laws governing land transportation:

"(o) Establish and prescribe the corresponding rules and regulations for the enforcement of laws governing land transportation, air transportation and postal services, including the penalties for violations thereof, and for the deputation of appropriate law enforcement agencies in pursuance thereof;"

The DOTC/LTO's role is clearly limited to issuing implementing rules and regulations to existing transportation laws (e.g., RA 4136). Specific provisions in the LTO AO clearly introduce rules that do not exist as national laws. Just some examples:

(1) Section VI - This is entirely new law!
(2) Section VIII - Headlight always on is again entirely new law.
(3) Section IX.b and c - New law.
(4) Section VIII - No modification rule is new law.
(5) Section 1.h - New law.

In bringing up the matter at adjudication, I would simply call the attention of the hearing officer to the limitations spelled out in EO 125-A with respect to the DOTC/LTO's lawmaking power.

Brief the riders to expect that the apprehending officers will not show up in the first and second hearings. I understand that the hearing rules dictate the the apprehending officers are given up to three notices to attend the hearings. Not responding to the first two notices is part of their delaying and intimidation tactic. They hope that the motorist will be too discouraged to pursue the case by the second or third hearing and no longer attend. Should the riders make it to the third hearing, expect that the hearing officer will delay making a decision if they know that the riders are in the right. Under the rules, they have thirty days from final hearing to render their decision. Again, the riders should not be discouraged by this "delay" as there are legal ways to work the system to their favor. For example, the riders are always free to claim their licenses (if they do not have the TVR's license validity extended by LTO-LETAS) at anytime by paying the fines under protest; this means the hearing officers are still required to come out with a decision on their case, and if not, the hearing officers can be held liable under the rules and other laws (e.g., the newly issued Anti-Red Tape Law).

The riders should always remember that the system survives and thrives on the ignorance and impatience of the citizenry with respect to understanding the rules that operate it. If the riders choose to arm themselves with knowledge and exercise patience, the system (especially a corrupt one) will collapse on itself. With hundreds, if not thousands, of riders filing for adjudication, it will likely cost the Government more to hear all the cases than it could earn even if all the cases were eventually decided in favor of the Government.

Fingerbikes

Someone had a heck of a lot of time in their hands :) This is what happens when a snatcher finds out most of his stash are ripoffs.

Whut Duh..

Nearly the end of the month and just three posts. Must be mental block month.

Dutdutan '08

Big expectations with this one. Too bad I missed the last. This should be a treat. A night worth documenting! See you there! :)

The Storm That Refuses to Cease

Nowadays, its getting to be a glaring fact that riding motorcycles is a criminal act. I got tired of reading again and again, stories of abuse by those in authority - and for what? A measly sum of money to bring home to their wife and children with. Can they really look at their children at the end of the day and say, "I have worked hard and honestly for that money, son.." Money that could have been the last for some father's medicine for a child in critical condition, or to pay for a deceased mother's coffin and funeral. Reading the forums brings me nothing but dismay as riders desperately hope for the last resort to it all: the workshop to be held this September 10, 2008, between some personnels of the Land Transportation Office and leaders of a few bike groups. This is to discuss an administrative order that - apparently a high school student from a debate team could've easily drafted better - takes away the right of all motorcycle owners to modify their private property.

Opening up the proverbial Pandora's Box to countless abuse by many, not all, of those in uniform. As if the order itself is not enough, many new "laws" are conjured and added right then and there to the brew at every check point, for the "supposed" safety of riders. Many of the police that were invisible just a few years back are now all over the place, with the smell for the hunt, perhaps realizing that the motorcycle community is really a vast harvest after all.

One need only to drive around the metro and in virtually every major thoroughfare you would pass by throngs of motorcyclists huddled on the side of the road haplessly surrendering to needless inspection, and a small violation, such as changing seat covers, would mean P2500 less for your family needs.

With the workshop - if ever that would accomplish anything - still to come, the LTO is turning a blind eye to the continuing abuse by its deputized and so-called "protectors of the people" and as not to lose face - refuse to back down with regards to re-writing the bill (stating that they've already passed it or something so it's too late - I see someone's been eating too much MSG) that any neanderthal lawyer can read in glaring words: "d u m b a s s . .".

I know and have very close friends who are in the highest ranks of the local police force. Not just a precinct head, but in charge of the metro-wide force, who are working so damn hard to change how the common people would look at the police, someone you could go to for help without fear of being taken advantaged of.

Coming from their own mouth, these officials know and acknowledge the fact that the image of the police force is stained only by the corrupt practice of a few, and that the answer everyone is hoping for lies not in a change of image, a disciplinary action, a dismissal from service, a month long suspension, a media flurry - but in a change of heart for those in service. A renewed burden to carry out what their badges stand for, and new eyes to see that the people they have sworn to protect are not mere milking cows, but strangers who are worth catching a bullet for.

I for one still believe in the PNP and what it stands for. The force as a whole. Regardless of how a minority of it may give it a bad name, if only for those in it who are still fighting the good fight, and those solitary few who despite the danger are still fighting for what's right.