Tuesday, July 01, 2008 Malig: Ordinance vs loud motorcycles By Jun A. Malig Cognition
IT'S hard to understand why our town and provincial legislators remain deaf to the growing clamor by majority of their constituents to enact ordinances against loud motorcycles that produce nerve-wracking noise even in the late hours of the night not just along major roads but also along quiet neighborhood streets.
In some parts of Metro Manila ordinances against the use of loud noise producing open or free flow pipes for motorcycles is being prohibited. Makati City was the first to do it. Marikina City is set to implement its own ordinance today. (I was told that even some far away localities like Tagbilaran City in Bohol have their own versions of the statute.)
It's very easy to distinguish between elected officials who truly care about the sentiments of their constituents from those who just love to feel that they're important or between those who are sensitive to public opinion and those who care more about their own.
Elected officials who are not affected by the nauseating noise being produced by the "modified" motorcycles, particularly the barebones, scooters and other mini-motorcycles which zigzag the roads even amid heavy traffic, must either be riding sound-proof vehicles or live in houses too large to hear the noise outside.
The new leadership of the Land Transportation Office (LTO), perhaps also tired of waiting for concrete action from local legislators in some places like Pampanga, has issued its own guidelines in operation of motorcycle on roads and highways for the benefit of the general public. Among these is the prohibition of modifying any part of the original design of a motorcycle or scooter without approval from the agency and the Department of Trade and Industry.
The LTO must have noticed that many motorcycle riders modify their stock exhaust pipes with much louder open or free flow pipes. The agency has imposed a P2,000 penalty for violators of this rule. But since the LTO has very few field staffs, local government officials must still do their share.
It's good that ordinances and rules against the fast growing numbers of loud motorcycles are gradually being adopted by Philippine localities.
In many countries like the United States, motorcycle noise level standards are being implemented.
In the State of Arizona, for instance, rules for motorcycle riders are very clear: "A person shall not operate or as an owner permit the operation of a motorcycle in this state that is not equipped with the MANUFACTURER'S ORIGINAL MUFFLER OR OTHER ORIGINAL NOISE REDUCTION EQUIPMENT or with a replacement muffler or replacement noise reduction equipment capable of reducing the noise levels below the maximum operating noise levels. A person shall not use a muffler cutout, bypass or similar device on a motorcycle operated in this state."
Because of the public's clamor, state and local legislatures in America, still enact laws against loud motorcycles although under current federal noise statutes, it is illegal to modify an exhaust system to increase noise.
In Boulder County, Colorado, for example, has a law stating: "No person shall operate anywhere in unincorporated Boulder County any vehicle having a muffler that has been equipped or modified with a cutoff, bypass, or any similar device or modification."
All the measures against the use of open and free flow pipes by motorcycle owners inside and outside our country have only a single purpose - to reduce noise, which is defined as "any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans."
The LTO has issued amended guidelines in the operations of motorcycles on roads and highways for the safety the public in general.
The official administrative order issued by DOTC assistant secretary and LTO Chief Alberto Suansing stressed that the license with restriction Code No. "1" shall be carried by the driver/rider of the motorcycle or scooter at all times.
Other guidelines recommended by the technical working committee headed by Engineer Joel Donato, chief of the LTO-Motor Vehicles Inspection Section, said the driver shall anytime of the day; switch on the headlight of the motorcycle or scooter while it is being operated on the highway.
"'Yung automatic head on sa mga motorcycle at scooter world rules ito," Suansing said.
Suansing said the driver should be apprehended if they would not wear any protective devices such as helmet, goggles, protective clothing, and leather boots, gloves and rain suits, heavy jackets, heavy pants.
"’Yung boots at ibang heavy devices sa mga big bikes applicable 'yun. Gusto kong ding sabihin na 'yung rules na sinasabi namin dito ay applicable rin doon sa kanilang mga back riders," Suansing said.
For his part, Donato said the LTO-MVIS is also discouraging the motorcycle owner to modify their motorcycle or scooter.
Donato added that in the interest of public safety, the LTO has also increased the fines and penalties for those who would violate the rules and regulations.
Donato said those drivers and back riders who fail to wear prescribed helmet will be fined P1,500 plus attending seminar for traffic safety to be conducted by LTO.
For carrying more passenger other than the back rider or cargo, a penalty of P1,000.
For defective accessories such as headlight, tail light, signal light, brake light, side mirror and horn a fine of P1,000 for the violators.
Lastly for wearing flip flop, sandals, or slippers fine of P500 for the first offense, P700 for the 2nd offense and P1,000 for the 3rd offense and revocation of driver's license.
