- Proposed ordinance draws new lines on aftermarket, modified pipes
THE DAVAO City Council’s committee on peace and public safety is tackling the proposed ordinance to eliminate confusion on aftermarket mufflers through more comprehensive enforcement procedures and stricter penalties to deter violators.
The measure is entitled “An Ordinance Regulating the Use and Installation of Illegally Modified Mufflers, Providing Penalties for Violation Thereof, and for Other Purposes,” or will be known as the Muffler Regulation Ordinance of Davao City.
Councilor Luna Acosta, committee chair, said the proposed ordinance seeks to update existing rules on the use and installation of illegally modified mufflers, following complaints over noise pollution.
The proposed Muffler Regulation Ordinance aims to update provisions of City Ordinance No. 0334-12, Series of 2012, also known as the Comprehensive Transport and Traffic Code of Davao City.
“The muffler regulation ordinance will repeal the provisions of the Traffic Code and insert new provisions such as the definition of terms that were not defined in the existing Code,” Acosta said during the Pulong Pulong sa Dabawenyos on Tuesday.
The new law will define aftermarket, illegal modifications, kalkal, bora-bora, open pipe or drag pipes, and the comprehensive step-by-step process of apprehension of violators.
Aftermarket mufflers, as defined in the proposed ordinance refers to any muffler, exhaust system, or component installed after original manufacture and registration, which is from the original equipment manufacturer or any other manufacturer.
“We also need to listen to the riders without sacrificing the peace and order in the city. This is about balancing the concerns of riders with the right of communities to peace and order,” Acosta said.
Illegal Modification includes removal of part of the muffler or exhaust system or replacement of the same with components not conforming to the existing LTO standards; installation or modification such as the installation of sound boosters or sound enhancers, the removal of silencers, using kalkal, bora-bora, open pipe or drag pipe, intended to alter the engine’s sound beyond the existing LTO standards.
Kalkal, bora-bora, open pipe, or drag pipe refers to mufflers or exhaust pipes that are tampered with, removed, punctured, or modified to produce louder or sharper sounds to boost noise output beyond the manufacturer’s standards.
Apart from motorcycles, 3-wheeled and 4-wheeled vehicles are also included as long as they have a muffler and exhaust system.
Also included are prohibitions on business owners in the city operating a repair shop who provide muffler modification services.
For the enforcement procedures, the enforcer may stop and visually inspect the vehicles suspected of having no muffler, a disconnected muffler, or having illegal modifications.
After the visual check, the vehicle will be subject to an internal check of the muffler system. Meanwhile, the third step is the sound meter inspection to check compliance with the LTO standards.
Penalties for the violation under the ordinance range from P2,500-P5,000 and immediate removal and confiscation of the muffler and impounding of the vehicle.
The ordinance is expected to be finalized by March, with an information education campaign, and the full implementation targeted for August. At present, apprehensions for violations of clearly prohibited acts are based on the existing Comprehensive Transport and Traffic Code.
