presenting an authorization letter or a Special Power of Attorney (SPA) is not required under the law if a motorcycle is just borrowed from a family member, a friend or from work. This was stated by Land Transportation Office Executive Director, Romeo Vera Cruz, on Saturday.
During an interview in the motorcycle radio talk show, Motorsiklo Xklusibo hosted by Edwin Go, Vera Cruz said that presenting an authorization letter is not required.
“Ganito lang, dapat updated ang rehistro. Pwede mo gamitin yung sasakyan 'pag you are authorized or with a consent from the owner. (Just make sure the registration is updated. You can use the vehicle if you are authorized or have consent from the owner).”
The statement was in response to issues during routine checkpoints. Law Enforcement Officers (LEOs) have been requiring motorcyclists to present an authorization letter as proof that the motorcycle lent to them was in fact legitimate. Some riders have been penalized with a stiff fine or had their motorcycle impounded if they were unable to present an authorization letter to the officer at the checkpoint.
“Basta authorized lang sya. Let's say yung owner, ipagamit lang nya, bumili ka nga ng 'ano dun. Hindi na kailangan gumawa pa ng Special Power of Attorney. (As long as the rider is authorized. So long as the owner lets you use it, there's no need for a special power of attorney.)”
In a separate interview with MotoPinas.com, the LTO executive director clarified that unless the motorcycle is a “hot car” – reported as stolen – an updated OR/CR should suffice as evidence of the bike as being loaned to the rider.
“Hindi naman kailagan [ng authorization letter/ SPA]. Pag nareport na ninakaw, unless hot car [yan] doon lang may problema. Hindi naman practical na lahat kailangan ng authorization letter. Wala naman sinabi sa batas. Basta sabi lang gamitin mo, gamitin mo. (It's only when it's reported as stolen that there's a problem. It's not practical to have an authorization letter for everything. There's nothing about that in the law. As long as you're allowed to use it, use it.)”