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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

5.
6.
7.
8.

or excessive noise, thereby classifying those as bullet pipe mufflers or open pipe mufflers?
What is the standard in decibel (dB), for exhaust noise, in Olongapo City?
Does the city have such a standard?
What is the process for determining if a muffler passes or violates the ordinance?
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?
9. If there is no IRR specific to the city ordinance, is its implementation considered legal?
10. Are the enforcers properly trained on the implementation of the IRR of the said ordinance?
11. 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 ?
12. Is there a measuring device to measure the sound and standard of vehicle exhaust noise?
13. 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)

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 riders 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

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