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| If the law does not apply to all, it shouldn't apply at all... |
Greetings!
My name is Jobert Bolanos, Chairman of Motorcycle Rights Organization and President of Motorcycle Advocates of the Philippines. I would like to seek help in a brewing issue surrounding the apprehension of motorcycles in your City.
A few weeks ago, a few riders have sent word to the community that Pasig City enforcement had started apprehending motorcyclists for loud exhaust systems. I applaud the city for taking such measures to enforce the nation's laws that govern all vehicles however, there has been several things that are amiss or has not been explained properly.
I have been in contact with several people and offices of the DOTC to see if there has been anything written on the standards of the sound levels for all vehicles. And as far as my information gathered, there is still no definite law on this or it is still in the works as of this writing. Which brings me to the question of the said ordinance being implemented in Pasig City.
Here are a few of the things that I would like to clarify:
1. Has there been a public hearing for the ordinance that apprehends loud exhaust systems?
2. When and where was this ordinance published for public dissemination?
3. Was there a study made on what the standard is? What is the set standard?
4. How is the standard, if any, being measured?
5. Has all enforcement been trained for this?
6. Where is the procedure or Implementing Rules and Regulations for the ordinance?
As it seems, the ordinance as implemented and being carried out by your enforcers has been specifically targeted to apprehend motorcycles users only. And to be more specific, small motorcycle or underbone/scooter users only while the other bikes with higher displacements are being ignored. And what is more intriguing is other vehicles such as Jeeps, cars, vans, suv's, trucks and buses who have the same problem are also being ignored. As far as the ordinance is concerned, isn't it supposed to apply to every vehicle that passes through your city?
I was also provided a copy of the said ordinance by your Barangay Affairs Office (bao@pasigcity.gov.ph) and nothing in the said ordinance or any law in that matter has any Implementing Rules and Regulations on "Noise Contolling Devices" unlike the "Clean Air Act" which has it's own. Not even a hint or a simple description on what separates an open pipe to an aftermarket or performance muffler.
This creates a very vague picture of the law and is prone to subjective apprehensions. Each enforcer interprets the law in such a way that he does not even know the difference between an aftermarket pipe and open pipe.
And needless to say, how can you prohibit something that is openly sold in the market and punish the end users unnecessarily? If something readily available to the consumers are being sold is outlawed, should we take this off the market first before we regulate the end users? And should all vehicles be included as we see this not only on Motorcycles but on other vehicles as well?
I write this to clear out the issue and to prevent the community from escalating this issue any further.
If there is anything that our two organizations can do to assist the city in clearing out this ordinance or perhaps, making it more understandable and acceptable to the riding public, please do not hesitate in reaching us.
If it is also possible that we request for an audience to be able to talk to your principals so that we can discuss this matter.
Thank you and more power!
Jobert Bolanos
Motorcycle Rights Organization
Motorcycle Advocates of the Philippines
mro@motorcyclephilippines.com
+63921-775-4388
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