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FAQ: Aftermarket Exhaust pipe & PD 96

Posted by on August 21

FREQUENTLY ASKED QUESTIONS ABOUT
MOTORCYCLE AFTERMARKET EXHAUST PIPE and PD 96

 

What is an exhaust system
-An exhaust system is composed of header, tube, muffler. It is used by motorcycles and vehicles to
direct the flow of exhaust gas to the rear side and to lessen the engine noise

Motorcycle Exhaust System

Motorcycle Exhaust System

 


What is Aftermarket exhaust pipe?
-It is an exhaust system made for motorcycles and cars to improve performance, optimize the engine
and to give additional power and better fuel efficiency.

Aftermarket Exhaust System for Motorcycle

Aftermarket Exhaust System for Motorcycle

What is a muffler
-part of the exhaust system where it lessens the noise emitted by the engine (to muffle the sound)
Muffle means silence.

 

What is open pipe
-It is a commonly used term to call non original motorcycle exhaust pipe. Basically it is an exhaust
system wherein there is no obstruction to the flow of exhaust gases from the engine to tube to muffler.
That is where the term “open pipe” came from. Also called the aftermarket exhaust muffler/pipe.

Some people describe open pipe as an exhaust where there is no muffler (drag pipes), while most of the
riding community refers open pipe as any exhaust system that is aftermarket exhaust/pipe.

 

What is power pipe
-a original exhaust system modified to increase the flow of exhaust gases. Also called “kalkal” pipe.

 

What is loud pipe
-an exhaust system that gives excessive noise (excessive noise is subjective to an individual). An original exhaust system
can be considered a loud pipe if a person is so sensitive to noise. There is no existing law that defines how
many decibels is loud and not loud. In summary, Loud pipe refers to all exhaust system depending on
persons hearing sensitivity.

 

What is drag pipe
-a exhaust system without a muffler. Purely exhaust tube. Used by some dragracers in their race bikes.
also used as the standard exhaust of Yamaha Vmax, Harley Davidson and other chopper big bikes

 

What is PD96 (Presidential Decree 96)
-Declaring unlawful the use or attachment of sirens, bells, horns, whistles or similar gadgets that emit
exceptionally loud or startling sounds, including domelights and other signalling or flashing devices on
motor vehicles and providing certain exceptions therefor  (Read the full info here: lawphil.net)

 

Is it a violation to use Aftermarket Exhaust pipe in the Philippines?
-YES and NO
-Yes if there is a local city ordinance or municipal ordinance that prohibits usage of non original exhaust
system in your area.
-No if there is NO local city ordinance or NO municipal ordinance that prohibits usage of non original
exhaust system in your area.

 

I was apprehended by an officer about my aftermarket exhaust pipe, he said my violation is “loud pipe”
-First check your area if there is such city/municipal ordinance about loud pipe/aftermarket pipe.
-If there is an ordinance, then you have a violation of city ordinance but not PD96.
-If there is NONE, then you don’t have a violation.

 

I was apprehended by an officer about my aftermarket exhaust pipe, he said my violation
is “PD 96 (muffler)”, Is this correct?

-No, PD 96 was made for the purpose of preventing the people to use “wang-wang” in their own private vehicles.
Only AFP, NBI, Police, Fire departments, Ambulance can use “wang-wang”.

 

The PD 96 says “other similar gadgets that produce exceptionally loud or startling sound”,
Does the aftermarket pipe belongs to other similar gadget?

-If “Aftermarket Pipe” belongs to the “other gadgets” as stated in PD96, Then that means only motorcycles
issued to be used by the Police officers, AFP, NBI, Fire Departments ARE ALLOWED TO USE aftermarket
exhaust pipe as stated in PD 96

However, Heres some proofs that says “Aftermarket exhaust pipe” does not belong to the PD 96’s “other gadgets”

  • Proof #1 LTO main office (head office) is not apprehending motorcycles using aftermarket pipes
  • Proof #2 The fact that some cities like Marikina, Pasig, Makati have their own city ordinances related
    to using aftermarket pipes, That means legislators knew beforehand that aftermarket pipe is not included
    in existing PD96 law or any existing transportation laws so they need to create their own city ordinance.
  • Proof #3 As clearly stated by by the LTO 7 (cebu) in their memo ADZ-2010-11-01
                 It has come to the attention of this office that apprehensions relating to PD 96 on loud and
    startling sound, loud pipes and 
    mufflers created confusion among motorist and law enforcement officers…..
                          – After market exhaust mufflers are allowed

 Please click image to enlarge

LTO interpretation on PD96

LTO interpretation on PD96

 

 

Local LTO agent said the memo is only for cebu, its not applicable outside cebu!

  • Fact#1:  LTO MAIN OFFICE is not apprehending motorcycles with aftermarket pipe, thus they
    know the laws better than regional LTO offices.
  • Fact#2:  PD96 is a NATIONAL LAW, that means it will be applied NATIONWIDE.
  • Fact#3: LTO 7 cebu again stated, Implementation of transportation laws and memos must be the same nationwide.See screenshot below
Same interpretation of law

Same interpretation of law

  • Fact#4: LTO 7 stated in their Facebook account, Due to they dont have a decibel meter (db meter) to
    measure the loudness of the sound, They dont operate against them. Thus they will not apprehend
    aftermarket pipe/open muffler/open pipe.See facebook screenshot below (sorry its in cebuano dialect)
  • LTO on decibel meter

    LTO on decibel meter

 

In our area, LTO deputized agent still apprehended me regarding open pipe/
aftermarket pipe/muffler using from  PD96 as violation, What will i do?

-Be happy! Your not alone 🙂
Do the ff:

  1. Smile, Dont raise your voice, Do not be arrogant, Be polite!
  2. Ask them whats your violation
  3. If its PD96 muffler, Tell them that you will “contest” the violation. Say it in a professional manner
  4. Get the TOP ticket and leave

Now i have the TOP ticket, What will i do?
-ask help from your motorcycle groups in your area
-Ask for an advice from Motorcycle Rights Organization (MRO) headed by Sir Jobert Bolanos of BikerPinoy
-Ask for an advice from ARMAS NG MOTORISTA (ARMAS) headed by Sir Rod Cruz
-If you have a lawyer friend ask him to go with you in the LTO office, dont forget to bring your TOP.

But still, The local LTO wont acknowledge that aftermarket pipe is not a violation of PD96!?
-Ask your lawyer/group to file a complaint sa LTO main office, cc to DOTC complaining the said violation

If all else fails
-Go to abroad, Earn some money. Go back to Philippines and buy Yamaha Vmax, Harley Davidson, Bigbikes.
-Use your new bike, Surely you will not be flagged down by your local officer for violation of the so called PD96 “muffler”

Really?
-Yes! , Pack you bags now and go to abroad!!!, Then after some time let me know thru comments if it works  😀

 

DISCLAIMER:
I am not a lawyer, just happens to have some lawyer friends, fiscal, judge.
The author/owner/blogger will not in anyway be liable to any incorrect information, or any direct, indirect or
consequential loss arising or damages suffered resulting from the reading/writing/viewing/linking of any of
the material or posts made on this blog website.

In no way that this FAQ is 100% CORRECT, Please verify and study the facts.
The author tries his best to make this as accurate as possible. But laws do change time to time.
Thus some/all/few of the informations here might not be valid anymore. Please research.

” Happy riding and be responsible in using your aftermarket exhaust pipe”

8 Responses to FAQ: Aftermarket Exhaust pipe & PD 96

  1. ryan

    gensan area lang ako admin. if mahuli ako about violation of pd96 pwede ba ako patulong sayo for protest?

  2. Dr. Ugs Production

    RA 4136, Article IV, Section (J): Mufflers

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  7. sol

    sometimes are law has a hole…we have national law now a city ordinance it getting conflict…..minsan pera lang gud nila sana sa after market palang ni stop na nila sa dti palang ni stop na nila ang sale na bwal pala yon….khit my silincer ang pipe mo bwal parin….

  8. sol

    sometimes are law has a hole…we have national law now a city ordinance it getting conflict…..minsan pera lang gud nila sana sa after market palang ni stop na nila sa dti palang ni stop na nila ang sale na bwal pala yon….khit my silincer ang pipe mo bwal parin….
    specially dto sa gen.santos city kht subrang traffic na sila pa huli….daming promblema dto like culorum mga walang silbi pa ang ginagawa nilang batas…

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