DRAFT ORDINANCE FILED

A PROPOSED ordinance declaring as public nuisance motorcycles and scooters that emit exceptionally loud, startling and annoying noise that affect public health, safety and peace was filed in the city council.

Authored by Councilor Redford Erfe-Mejia, the proposed measure seeks to impose fines of P1,500 to the violators for the first offense, P3,000 for the second offense and P5,000 for the third offense, plus confiscation of license of the driver.

In his proposed ordinance, Erfe-Mejia noted numerous complaints mostly from senior citizens, persons with disabilities and sick persons in different barangays that they are greatly disturbed by motorcycles, scooters and other vehicles using mufflers that create exceptionally loud noise during ungodly hours.

He said the noise pollutants in the streets are so loud and annoying that it can lead to permanent hearing loss, serious health problems and even prove fatal in some instances.

However, Councilor Jose Netu Tamayo prefers that the existing national law prohibiting vehicles with open modified mufflers be applied where the minimum penalty for violators is P5,000, plus impoundment of the vehicle apprehended.

Tamayo learned about the national law during the public hearing on the draft Ordinance No. 063, attended by OIC Police Chief Jandale Sulit, Public Order and Safety Chief Carlito Ocampo, City Legal Officer Victoria Cabrera and Aileen Peteros of the Land Transportation Office (LTO).

However, since it is a national law, only the enforcers of the Land Transportation Authority can apprehend motorists for violating the law.

The POSO as well as the police can not apprehend the erring motorists since their deputation by LTO has expired, Tamayo said.

Previously, Ocampo and four policemen were deputized by LTO as their agents in Dagupan.

For this, Tamayo said he will pass a resolution in next session of the Sangguniang Panlungsod to ask LTO Regional Director Teofilo Guadiz Jr. to renew the deputation of Ocampo and the four policemen.

He said the city of Dagupan can not impose higher fines than those prescribed by the national law nor impound the apprehended vehicles as this is only vested on LTO. Only the LTO and its agents can also confiscate driver’s license.

The councilor said the motorists, motorcycle riders and tricycle drivers cruising the streets in their units with modified mufflers at night should be made to pay higher fines.

He recalled that in Koronadal City, a kagawad shot and killed a motorcycle driver with modified muffler when he was annoyed by the noise created by his unit.

At the same time, Tamayo is also mulling an ordinance banning the sale of modified mufflers in any place in Dagupan. (Leonardo Micua)

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