Rider contests wrong LTO apprehension and wins case

Checkpoints that are specific to motorcycles have become part of our daily motorcycle travels. These checkpoints are set up by authorities for various reasons, mostly for verification and security.

There are times, however, when authorities would check things that are beyond the usual registration and driver’s license. One example is the story of a rider from Baguio City where the officer ticketed him for a violation that does not exist.

The rider, with advice from the Motorcycle Rights Organization (MRO), went through the legal adjudication process and won the case.

According to the Letter of Contest that was submitted to the Land Transportation Office (LTO) Cordillera Administrative Region (CAR) in Baguio City, the motorcycle rider was flagged down by the agency’s law enforcement unit along Kennon Road. Since the motorcycle rider had installed an aftermarket horn that was different from the stock horn of his motorcycle, he was then ticketed for a violation of “Motor vehicle operating without or with defective/improper/unauthorized accessories, devices, equipment and parts (Loud Horn).” The penalty is PHP 5,000.

Rider wins adjudication vs ‘Loud Horn’ violation image

Photo courtesy of Motorcycle Rights Organization

 

During the investigation, it was found that the apprehending officer failed to observe the proper procedure under existing LTO guidelines and did not use any device such as a decibel meter to properly measure the emitted sound of the aftermarket horn. The apprehending officer only assumed that the aftermarket horn was beyond the allowable limit.

After the adjudication process, it was resolved that the violation was null and void and the motorcycle rider’s aftermarket horn was following Section 7.4.2.14 of ACL0-2009-018 which states “The horn shall not be siren or bell; the sound of the horn shall be continuous and the sound level and tone quality thereof shall be unchangeable.”

You can find a copy (PDF) of ACL0-2009-018 here.

 

*Main file photo by LTO CAR. Not the actual rider and apprehending officer.