Reasonable force

When the city council approved in third and final reading the antinoisy motorbike law last Wednesday, the public made a resounding sigh of relief that finally an air tight ordinance assuring the removal of noisy motorcycles from the road is passed.

Regardless of its variations in the manner of implementation by three agencies namely the Highway Patrol team of the PNP; the Land Transportation Office LTO and the Traffic Management Office TMO the bottomline is to rid our city streets with noisy unregulated motorbikes who perform drag-racing zooming sounds especially ih the late hours of the night and dawn.

Impounding noisy motorcycles is no longer an option by enforcers. They have to impound motorbikes which do not conform with the prescribed silencers and or mufflers in order to minimize their sounds to tolerable levels. The Ordinance defines a prima facie case meaning, by the looks of it, a motorbike which has no silencer and or mufflers is prima facie evidence as a noisy motorcycle. Let the owner prove otherwise, but in the impounding areas.

The Highway Patrol team of the PNP under PS/Insp. Robelito Mariano; the Land Transportation Office LTO under Marliza Elesterio and the Traffic Management Office under Danilo Atillo, may have different methods of implementation but they all go down to the brass tacks of impounding noisy motorbikes who could fall in any of their manual’s “impoundable grounds.”

In fairness, there is due process. The government cannot ban the sale of gadgets that make the motorcycle sound noisy because it is a restraint of trade according to its authors. The gadget per se is not the maker of the noise, it is the driver who installs such safe gadgets but in such a wrong way that it will produce a noisy annoying sound. This is what makes this objectionable.

These three agencies are utterly undermanned. So the city government in whose interest this new ordinance is passed, must now deputize barangay tanods and accredited NGOS to make it an incentive for honoraria, a share in the fines and penalties imposed and received by the city.

Sorry for the imposition of reasonable force to impound, if the owner resists arrest for the good of the public. Besides no act can be declared illegal if these violate no law or Charter.

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