Improved version. For those who were apprehended by the ambiguous 'anti-bullet/open pipe ordinance' in Olongapo City, here's a template that you can use if you want to contest your ticket. Edit as applicable to your case. Good luck!
Improved version. For those who were apprehended by the ambiguous 'anti-bullet/open pipe ordinance' in Olongapo City, here's a template that you can use if you want to contest your ticket. Edit as applicable to your case. Good luck!
Original Title
Request for Adjudication- Bullet Open Pipe Ordinance v2
Improved version. For those who were apprehended by the ambiguous 'anti-bullet/open pipe ordinance' in Olongapo City, here's a template that you can use if you want to contest your ticket. Edit as applicable to your case. Good luck!
Improved version. For those who were apprehended by the ambiguous 'anti-bullet/open pipe ordinance' in Olongapo City, here's a template that you can use if you want to contest your ticket. Edit as applicable to your case. Good luck!
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_____________, 2017
Office of the Traffic Management & Public Safety (OTMPS)
Left Wing, Ground Floor, Olongapo City Hall Complex West Bajac-Bajac, Olongapo City, Phlippines, 2200 To the Adjudicator-in-Charge, My name is _________________, of legal age and currently residing in __________________, ______ City. I am the holder of license number No__________ and I was flagged down by Traffic Enforcer__________ on ________, 2017 for the alleged violation of City Ordinance No. 36, Series of 2016 (AN ORDINANCE PROHIBITING THE INSTALLATION AND USE OF BULLET/OPEN PIPE IN MOTOR VEHICLES IN THE CITY OF OLONGAPO PROVIDING PENALTIES FOR VIOLATION THEREOF AND FOR OTHER PURPOSES), along ________, a national hi-way (specify if national highway). I am writing this letter to contest my apprehension and to file a formal complaint on this unjust activity being pushed on motor vehicle users based on this ordinance. The initial statement by the enforcer was that my vehicles exhaust system falls under the categories bullet pipe mufflers or open pipe mufflers (choose what your ticket says) as allegedly defined by the said ordinance. I am contesting the apprehension based on the following provisions: 1. 2. 3. 4.
When was the hearing conducted and who represented the motor vehicle users? When was the ordinance put on publication for information dissemination? Does the ordinance hold jurisdiction over National Highways? The ordinance defines that bullet pipe mufflers are a device attached to the motor vehicle that produces tremendous noise which is used for drag racing and competitions. Open pipe mufflers, on the other hand, are defined as a muffler which produces excessive noise. How do enforcers determine if a muffler produces tremendous or excessive noise, thereby classifying those as
bullet pipe mufflers or open pipe mufflers?
5. If an aftermarket exhaust is equipped with a noise-suppressing device, commonly known as silencer, does it mean it is exempt from the ordinances definition for bullet pipe muffler or open pipe muffler, as what Mayor Rolen Paulino said so in an online discussion in FB page Batang Gapo? 6. What is the standard in decibel (dB), for exhaust noise, in Olongapo City? 7. Does the city have such a standard? 8. Is there a measuring device recommended or specified by the ordinance or it IRR in order to measure vehicle exhaust noise? 9. What is the process for determining if a muffler passes or violates the ordinance? 10. Is there an existing IRR (implementing rules and regulation) for the ordinance? Can your good office provide a copy to the public to the undersigned if there is such one? 11. If there is no IRR specific to the city ordinance, is its implementation considered legal? 12. Are the enforcers properly trained on the implementation of the IRR of the said ordinance? 13. If they have not received the proper training to implement the ordinance, how do enforcers determine the differences among bullet pipe muffler, open pipe muffler, and road-legal mufflers ?
14. Why is the penalty for the first offence include impoundment of the motor vehicle, considering that this is a new ordinance and that there are motor vehicles users who areenot yet aware of it? 15. Why are motorcycles being targeted most of the time in checkpoints, even though cars and other vehicles equipped with aftermarket exhaust systems also pass through those areas? (include this only if applicable) 16. If the motor vehicle user believes he is unjustly accused of violating the said ordinance, what is the legal remedy provided by the ordinance for him or her? The way we are being apprehended, singled out as motorcycles is both subjective and discriminatory in nature. With that said, I find this in violation of Section 1 of our Bill of rights as Olongapo City segregated motorcycles as the prime target of this ordinance even if the ordinance includes all motor vehicles, thus eliminating our right to the EQUAL protection from the laws. (include this paragraph only if applicable) I humbly pray that my apprehension, and that of other motor vehicle users, be voided, and our licenses and impounded properties returned, and the penalties we paid be reimbursed. I would also like to ask that this ordinance be suspended until it becomes applicable to all motor vehicles, a process, a standard and a measuring system is made and practiced by the enforcement of Olongapo City. I also submit this as a formal complaint as the apprehensions should have not happened and the previous motor vehicle users who were fined should have been given the proper and fair treatment. I have with me, a copy of the video taken during the apprehension to show what they were apprehending me for and that it complies with the requirements of a muffler as per LTO standards based on Administrative Order ACL-2009-018. (include this paragraph only if applicable) Furthermore, LTO has declared that the legal limit is 115dB on half throttle while following the measuring standard set by International Surface Vehicle Standard on Measurement of Exhaust Sound Levels of Stationary Motorcycles - SAE J1287 which is attached to this document as reference. Hoping that your swift and fair judgment on this matter is provided and a resolution be provided to protect other motor vehicle users from falling into the subjective and discriminatory apprehension of this section of the ordinance. May you find the merits, points and aspects of this letter in favor of the unfairly apprehended motor vehicle users within the City of Olongapo.
Sincerely yours, PRINTED NAME OVER SIGNATURE A Concerned Citizen
