Friday, February 19, 2016

LED LIGHTS

Our constitution vested our government to powers to prohibit and regulate private individual's property by law, which is the limit of our liberty given by our constitution. However, there are test whether a certain law is compliant to the mother of laws in our country our constitution. Under the constitution, a law is constitutional if it is vested with public interest and objectives that applies to all, if it is reasonable and does not go against the rights of a person and finally if it is clear and showed all the details of what it is to be followed.

Recently, LTO (Land Transportation Office) passed a memorandum prohibiting the use of LED lights and all other modification not prescribed by the car manufacturers. The purpose is to uphold public safety for the safe use of roads, because LED lights are so bright it tends to blind other motorist. The intention is very good because of the promotion of public safety however; the law may be subjected to the question of constitutionality.

One of the tests is if the law is vested with public with public interest and the objectives will apply to all. It is definitely vested with public interest since it talks about the public safety of our roads however, this may not apply to all since a lot of modern vehicles is already equipped with LED lights straight out of its factory, does this mean that LTO shall confiscate and impound a vehicle that is equipped with the prohibited accessory? If they did, this shall violate the second test which is the reasonable means and that it should not go against the rights of a private individual. With regard to the third test, LTO's memo does not provide clear standards it just bans the use of LED lights and all other modifications thus making it vague.

The constitution is the supreme law and all laws that shall be passed shall abide and jive to it. The LTO should not continue implementing such law that is clearly unconstitutional.










1 comment:

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