CDI-4 Traffic Mgnt and Investigation Lecture PDF

CDI-4 TRAFFIC MGNT AND INVESTIGATION PLTCOL ROQUE P TOME (RET) PROFESSOR, COLLEGE OF CRIMINOLOGY HISTORY OF TRANSPORTATION TRANSPORTATION - Is an act or process of conveying from one place to another. - From the Latin word “Terans “ meaning across or and move and “Portare”...

CDI-4 TRAFFIC MGNT AND INVESTIGATION PLTCOL ROQUE P TOME (RET) PROFESSOR, COLLEGE OF CRIMINOLOGY HISTORY OF TRANSPORTATION TRANSPORTATION - Is an act or process of conveying from one place to another. - From the Latin word “Terans “ meaning across or and move and “Portare” means to carry. ANCIENT MODES OF TRANSPORTATION -Manpower, animal power, and wind power. HISTORY OF TRANSPORTATION ROADS AND VEHICLE HISTORY A. WHEEL – was invented probably in Western Asia. - One of man’s great inventions. B. The ROMANS - were the major road and builders in the ancient world. - Roman road networks reached a total of about 50,000 miles (80,000 km). HISTORY OF TRANSPORTATION ROADS AND VEHICLE HISTORY C. CANALS - A body of water used to be a channel of sea transportation. - The first canal was constructed by Engr. James Brindley. D. RAILWAYS - Channel of transportation wherein a parallel line of iron was used as roads. - The first railroad is the Stockton and Darlington line (1925). TRAFFIC MANAGEMENT Traffic Management, defined: - It is an executive function such as planning, organizing, directing, supervising, coordinating, operating, and budgeting traffic affairs. TRAFFIC - It refers to the movement of persons, goods, or vehicles, other powered by the combustion system or animal- drawn vehicle, from one place to another for the purpose of safe travel. - Originated from the Greco-Roman word Trafico and Greek word Traffiga, the origin of which is not known. TRAFFIC MANAGEMENT THE 5’Es OF TRAFFIC 1. ENFORCEMENT - The action being taken by the police, such as arresting, issuing traffic citation tickets, and providing warnings to the erring driver to determine and discourage and/or prevent such violations. AGENCIES INVOLVED IN THE ENFORCEMENT OF TRAFFIC A. Land Transportation Office - Tasked to enforce laws, rules, and regulations governing the regulation of motor vehicles, operation of motor vehicles, and traffic rules and regulations as provided by RA 4136 as amended. TRAFFIC MANAGEMENT THE 5’Es OF TRAFFIC 1. ENFORCEMENT (continuation) AGENCIES INVOLVED IN THE ENFORCEMENT OF TRAFFIC B. Land Transportation Franchising and Regulatory Board - Task to regulate transport routes, regulate franchising, prescribe fare rates, investigated traffic cases, perform a judicial function, promulgate rules, impose and collect fees, formulate and enforce rules and regulations for transport regulation for promotion of safety and convenience of the public. - Coordinate with concerned agencies and enforce E.O. No.125, 124-A, and E.O. 202 dated June 19, 1987. TRAFFIC MANAGEMENT THE 5’Es OF TRAFFIC 1. ENFORCEMENT (continuation) AGENCIES INVOLVED IN THE ENFORCEMENT OF TRAFFIC C. Department of Transportation and Communication - In charge of planning programs, coordinating, implementing, and performing administrative function and promotion development, and regulation of a dependable and coordinated network of transportation and communication in order to have fast, safe, efficient, and reliable postal transportation and communication services (E.O. 125.) TRAFFIC MANAGEMENT THE 5’Es OF TRAFFIC 1. ENFORCEMENT (continuation) AGENCIES INVOLVED IN THE ENFORCEMENT OF TRAFFIC D. Metro Manila Development Authority (MMDA) - created under R.A. 7924 and sets policies concerning traffic in Metro Manila, and coordinates and regulates the implementation of programs related to traffic. TRAFFIC MANAGEMENT THE 5’Es OF TRAFFIC 1. ENFORCEMENT (continuation) AGENCIES INVOLVED IN THE ENFORCEMENT OF TRAFFIC E. Congress and Local Council - The branch of government is primarily tasked to create laws for the welfare of the public. F. Judiciary - The branch of government that interprets the law through adjudication of cases. TRAFFIC MANAGEMENT THE 5’Es OF TRAFFIC 1. ENFORCEMENT (continuation) AGENCIES INVOLVED IN THE ENFORCEMENT OF TRAFFIC G. Traffic Management Group (TMG) - The basic service of the PNP is tasked to direct and control traffic, perform accident investigations, enforce the laws, and issue citations. TRAFFIC MANAGEMENT TRAFFIC ENFORCEMENT: - The action being taken by the police to compel obedience to traffic laws and ordinances regulating the use and movement of the motor vehicle for the purpose of creating a deterrent to unlawful behavior of all potential violators. TRAFFIC LAW ENFORCER: - a person duly deputized by an agency of government authorized by law to enforce traffic laws, rules, and regulations. TRAFFIC MANAGEMENT POLICE TRAFFIC LAW ENFORCEMENT: - The part performed by the police and other agencies with police powers including deterrent to law violations created by the presence of uniformed police officer and their special equipment, special assistance to court and prosecutor, and incidental service to highway users. COURT TRAFFIC LAW ENFORCEMENT: - performed by the court through adjudication and penalization. TRAFFIC MANAGEMENT POLICE COURT ENFORCEMENT PROCESS: - FIVE (5) ESSENTIAL STEPS 1. DETECTION – wholly police activities and entails looking for defects in the behavior of motorists, pedestrians, vehicles, equipment, and roadway condition. 2. APPREHENSION – a police responsibility wherein the police are required action to prevent continued and future violations. 3. PROSECUTION- it is a court function, the police also provide corresponding influence through the preparation and introduction of evidence or close contact with the prosecution office. TRAFFIC MANAGEMENT POLICE COURT ENFORCEMENT PROCESS: - FIVE (5) ESSENTIAL STEPS 4. ADJUDICATION – is a court function, the police provide influence on this step as a witness to the prosecution by supplying additional evidence. It determines the guilt or innocence of the accused. 5. PENALIZATION – The imposition of penalty upon the accused. The penalty can be influenced by previous records of conviction as provided by the police. TRAFFIC MANAGEMENT TRAFFIC ENFORCEMENT: (continuation) GOALS OF ENFORCEMENT ACTIVITIES: 1. Increase safety level 2. Increase traffic efficiency 3. Ensure harmony and a comfortable environment 4. Maximize safety TRAFFIC MANAGEMENT TRAFFIC ENFORCEMENT: (continuation) OBJECTIVES OF TRAFFIC LAW ENFORCEMENT: 1. Preventive activities – such as preventive patrols, directing, supervising, traffic, investigating accidents, and eliminating road hazards. 2. Persuasive – such as oral, written warning, or visible patrol. 3. Punitive activities - activity is normally dealt with by the courts, police, or traffic authorities. TRAFFIC MANAGEMENT TRAFFIC ENFORCEMENT: (continuation) MAJOR ELEMENTS OF THE TRAFFIC LAW ENFORCEMENT SYSTEM: 1. Enforcement System – consists of the legislation, police, court, and penalties. 2. Road Users – includes pedestrians, pedal cyclists, drivers, and passengers. 3. Traffic system – consists of the entire roads and vehicle complex. TRAFFIC MANAGEMENT TRAFFIC ENFORCEMENT: (continuation) TRAFFIC LAWS AND THE ROLE OF ENFORCEMENT: - CHARACTERISTICS OF TRAFFIC LAWS 1. The first law concerning driving behavior which was developed mostly from experience over the years resulted from custom and common usage. 2. Traffic laws, like all other laws, reflect the beliefs, behavior, and standards agreed upon by society. TRAFFIC MANAGEMENT TRAFFIC ENFORCEMENT: (continuation) VIOLATIONS – those acts or omissions against traffic laws. Classification of violations: 1. Hazardous – traffic violation that causes danger to road users. Unsafe behavior or unsafe conditions are the causes of these violations. 2. Non-hazardous – violations that do not affect the safety of the public but affect the use of roads. TRAFFIC MANAGEMENT TRAFFIC ENFORCEMENT: (continuation) REASONS WHY PEOPLE ARE VIOLATING TRAFFIC LAWS: 1. Physical infirmity 2. Ignorance 3. Mental disorder 4. Lack of training 5. Wrong attitude 6. Habitual violators 7. PUV drivers are aiming for more compensation. TRAFFIC MANAGEMENT TRAFFIC ENFORCEMENT: (continuation) POLICE TRAFFIC ENFORCEMENT ACTIONS – this includes arrest and citation of any person. PURPOSES: 1. Prevent such violations from endangering the public and inconvenience. 2. Prevent continued violation 3. discourage future violation KINDS OF ENFORCEMENT ACTIONS: 1. TRAFFIC ARREST – the taking of a person into the custody of the law. It is made when; a. offense is serious b. detection is needed to avoid continued violation c. reasonable doubt that violators will appear in court TRAFFIC MANAGEMENT TRAFFIC ENFORCEMENT: (continuation) KINDS OF ENFORCEMENT ACTIONS: (continuation) 2. Traffic citation – made to compel violators to appear in court in the absence of arrest. 3. Traffic warning – an act reminding the driver of his violation in order for him not to do it again. NO arrest or citation is made. Types of warning: 1. visual warning – using gestures and signals. TRAFFIC MANAGEMENT TRAFFIC ENFORCEMENT: (continuation) Types of warning: (continuation) 2. Verbal warning – an oral warning is made when there is a newly enacted law. 3. Written warning – the combination of two preceding types with a written note of citation. TRAFFIC MANAGEMENT THE 5’Es OF TRAFFIC 2. Traffic Engineering - The science of measuring traffic and travel, the study of basic laws relative to the traffic law and generation; the application of this knowledge to the professional practice of planning, deciding, and operating traffic systems to achieve safe and efficient transportation of persons and goods. TRAFFIC MANAGEMENT THE 5’Es OF TRAFFIC 2. Traffic Engineering The Sidewalk - is an integral part of the roadway in any metropolis city or municipality, and it is one of the species of geometric designs. The sidewalk is the answer to the safety of pedestrians from any road hazards. TRAFFIC MANAGEMENT THE 5’Es OF TRAFFIC 2. Traffic Engineering (continuation) Agencies Responsible for Traffic Engineering A. Department of Public Works and Highways - has the responsibility of determining traffic flow, and planning approval of a program and budget. - finding of construction and maintenance of roads and instruments. TRAFFIC MANAGEMENT THE 5’Es OF TRAFFIC 2. Traffic Engineering (continuation) Agencies Responsible for Traffic Engineering B. Local Public works and Engineering Office - Local Government Units and instrumentalities that have the same function as the DPWH. - Perform such powers within their territorial boundary. TRAFFIC MANAGEMENT THE 5’Es OF TRAFFIC 3. Traffic Education - The process of giving training and practice in the actual application of traffic safety knowledge. - Is the priceless gem in the entire scale of the social order on the road. - Is the process of inculcating in an individual the knowledge, skill, responsibilities, and values to become a fully developed person. - The key to smooth traffic flow is discipline and acquiring the same, people must be educated. TRAFFIC MANAGEMENT THE 5’Es OF TRAFFIC 3. Traffic Education (continuation) Agencies involved in Traffic Education - Elementary – Tasked to educate children to obey traffic rules through their programmed curricula. - Secondary – Tasked to educate students in obeying the traffic rules by imposing school; policies intended for the welfare of the students. - Higher Education – They offer subjects in driving and traffic safety courses or any allied subjects. TRAFFIC MANAGEMENT THE 5’Es OF TRAFFIC 3. Traffic Education (continuation) - Traffic Safety Education - This can be carried out on the following levels such as; 1. Imparting knowledge concerning traffic safety 2. Training and practice in the actual application of traffic safety. 3. Developing traffic morality. TRAFFIC MANAGEMENT THE 5’Es OF TRAFFIC 3. Traffic Education (continuation) The Driver’s Duties: - The driver is any licensed operator of a motor vehicle. Sec 3(d) RA 4136 as amended. - Thus, no person shall operate any motor vehicle without first procuring a license to drive a motor vehicle for the current year, nor while such license is delinquent, invalid, suspended, or revoked. TRAFFIC MANAGEMENT THE 5’Es OF TRAFFIC 3. Traffic Education The Driver’s Duties (continuation): - The license shall be carried by the driver at all times when operating a motor vehicle and shall be shown and or surrendered for cause and upon demand by any person with authority under Sec. 19, RA 4136 as amended. TRAFFIC MANAGEMENT THE 5’Es OF TRAFFIC 3. Traffic Education Purpose of Driver Education: - 1. To instill awareness of one’s legal and moral responsibilities in traffic. - 2. To teach abilities acquired for one to be eligible for a driver’s license. TRAFFIC MANAGEMENT THE 5’Es OF TRAFFIC 3. Traffic Education In case of an Accident: - The driver shall stop immediately and if requested by any person present shall show his driver’s license, give his true name, and also the true name and address of the owner of the motor vehicle. - No driver of a motor vehicle concerned in a vehicular accident shall leave the scene of the accident without aiding the victim, except under any of the following circumstances; 1. If he is in imminent danger of being seriously harmed by any person or persons by reason of the accident. TRAFFIC MANAGEMENT THE 5’Es OF TRAFFIC 3. Traffic Education In case of an Accident: (continuation) 2. If he reports the accident to the nearest office of the law. 3. If he has to summon a physician or nurse to aid the victim (Sec 55, RA 4136 as amended). TRAFFIC MANAGEMENT THE 5’Es OF TRAFFIC 3. Traffic Education Safety Campaign: - the aim of this campaign is to make road users behave properly. - focuses on public information attitudes; this is characterized as road propaganda. TRAFFIC MANAGEMENT THE 5’Es OF TRAFFIC 3. Traffic Education Licensing System and the Rules for Safety Traffic: - Licensing System- Under Chapter III, Art.1, Sec. 19 RA. 4136 as amended provides for the administration and issuance of driver’s licenses to be administered by the Land Transportation Office (LTO). - Driver’s License- is issued to a person who has all the qualifications as provided by the law. The license is not a right but only a privilege granted by the state to its citizen who possesses the statutory qualification. TRAFFIC MANAGEMENT THE 5’Es OF TRAFFIC 3. Traffic Education Licensing System and the Rules for Safety Traffic (continuation) Requisites for Issuance of License: - At least 16 years old for a student’s permit. - 17 years old for a sub-professional. - 18 years old for a professional. TRAFFIC MANAGEMENT THE 5’Es OF TRAFFIC 3. Traffic Education Licensing System and the Rules for Safety Traffic (continuation) Kinds of Driver’s License: 1. Student Driver’s Permit – The applicant must be at least 16 years of age as evidenced by his birth certificate, payment receipt for the corresponding fees, and have met all the basic qualifications for the issuance of a driver’s permit. Allowed to drive only in the presence of a duly licensed driver, a holder of a professional driver’s license, or an accredited driving instructor from the LTO. TRAFFIC MANAGEMENT THE 5’Es OF TRAFFIC 3. Traffic Education Licensing System and the Rules for Safety Traffic: Kinds of Driver’s License(continuation) 2. Non-Professional Driver’s License – The applicant must be at least 17 years old. The holder is allowed to drive his own vehicle or any other privately owned vehicle only and not to earn a livelihood. 3. Professional Driver’s License- The applicant must be 18 years of age. The distinctive feature of the holder of said license is the privilege to make driving a means of livelihood. TRAFFIC MANAGEMENT THE 5’Es OF TRAFFIC 3. Traffic Education Licensing System and the Rules for Safety Traffic: Kinds of Driver’s License(continuation) 4. International Driver’s License- This is one of the two special types of driver’s licenses issued for a special purpose by the Philippine Motor Association (PMA). In other countries like ours, it is mandatory that the applicant must be a holder of a domestic driver’s license before a such license could be issued. Foreigners or tourists with foreign driver’s licenses who desires to drive after 90 days of stay or sojourn in the country, could likewise be issued the same kind of license. TRAFFIC MANAGEMENT THE 5’Es OF TRAFFIC 3. Traffic Education Licensing System and the Rules for Safety Traffic: Kinds of Driver’s License(continuation) 5. Military/Government Driver’s License – This is the second special type of driver’s license issued by the agency for a limited and special purpose. While the issuance is made by the AFP. The holder must be military personnel and authorized to drive a military vehicle only. TRAFFIC MANAGEMENT THE TEN (10) COMMANDMENTS OF TRAFFIC SAFETY (cont.) 2. OBSERVED ROAD COURTESY - the emergency vehicles(cont.) 3. vehicles with a wounded or sick person for emergency treatment. 4. AFP/PNP vehicles on official emergency business. 5. vehicles in pursuit of a crime including a law enforcer overtaking in pursuing traffic violence. 6. Fire department vehicle on call/emergency. TRAFFIC MANAGEMENT MOTOR VEHICLE shall mean any vehicle propelled by power other than muscular power using the public highways, but except road rollers, trolley cars, street sweepers, sprinklers, loan movers, bulldozers, graders, fork-lift, amphibian trucks, and cranes if not used in a public highway and vehicles run only on rails or tracks, and tractors, trailers, and traction engines of all kinds used exclusively for agricultural purposes. TRAFFIC MANAGEMENT VEHICLE - Means any conveyance or other device propelled or drawn by any means and includes a bicycle and where the context permits, includes an animal driven or ridden but does not include a train. THE TEN (10) COMMANDMENTS OF TRAFFIC SAFETY 1. KEEP RIGHT – the driver of a motor vehicle shall always drive his motor vehicle to TRAFFIC MANAGEMENT THE TEN (10) COMMANDMENTS OF TRAFFIC SAFETY (cont.) -...overtaking another vehicle proceeding in the same direction and shall pass at the same distance to the left thereof. Except, on a highway, within the business or residential districts, having two or more lanes for the movement of traffic in one direction, the motor vehicle driver may overtake and pass other vehicles on the right. Sec. 39, RA4136. In case of an incoming emergency vehicle, the non-emergency vehicle shall immediately drive to the right to enable the former to overtake the latter. TRAFFIC MANAGEMENT THE TEN (10) COMMANDMENTS OF TRAFFIC SAFETY (cont.) 2. OBSERVED ROAD COURTESY - One must yield to an emergency vehicle, pedestrians, trains, vehicles with right of way, vehicles ahead, large vehicles, uphill traffic, traffic with momentum, straight traffic, and traffic signs. - the emergency vehicles: 1. vehicle with a physician on an emergency call. 2. an ambulance on an emergency call. TRAFFIC MANAGEMENT THE TEN (10) COMMANDMENTS OF TRAFFIC SAFETY (cont.) 2. OBSERVED ROAD COURTESY The Right of Way Rule: 1. Right of way – means the right to proceed ahead of another vehicle or pedestrian. 2. Intersection – when two vehicles approached or enter an intersection at approximately at the same time, the driver on the left shall yield the right of way to the vehicle on the right. TRAFFIC MANAGEMENT THE TEN (10) COMMANDMENTS OF TRAFFIC SAFETY (cont.) 2. OBSERVED ROAD COURTESY The Right of Way Rule: 3. Pedestrian – in crosswalks, motorists shall yield right of way to the crossing pedestrians, except in an intersection when the same is being manned by an enforcer or traffic signals/lights. Pedestrians crossing not on designated crosswalks shall yield the right of way to the vehicles. (Sec. 42 (c), RA 4136). TRAFFIC MANAGEMENT THE TEN (10) COMMANDMENTS OF TRAFFIC SAFETY (cont.) 2. OBSERVED ROAD COURTESY The Right of Way Rule: 4. Through-Highway or railroad crossing - The driver should bring his vehicle to a “full stop” upon reaching trough-highways, railroad crossings, or stop intersections. Sec 43 (c) RA 4136. 5. Police and other emergency vehicles. Sec. 49 RA 4136. TRAFFIC MANAGEMENT THE TEN (10) COMMANDMENTS OF TRAFFIC SAFETY (cont.) 2. OBSERVED ROAD COURTESY The Right of Way Rule: 6. From the Private road to the highway - vehicles from the private road shall yield to that of the highway. The vehicle from inner streets must yield to that of “through- street/highway”. Sec. 43 (a) RA 4136. TRAFFIC MANAGEMENT THE TEN (10) COMMANDMENTS OF TRAFFIC SAFETY (cont.) 3. PROHIBITED PARKING - within an intersection, on crosswalks or pedestrian lanes, within 6 meters of the intersection of the curb lines, within 4 meters of the driveway entrance to any fire station, within 4 meters of a fire hydrant, in front of a private driveway, double parking, on top of the bridge, on the foot of the bridge, and any place where official signs are posted prohibited parking. TRAFFIC MANAGEMENT THE TEN (10) COMMANDMENTS OF TRAFFIC SAFETY (cont.) 4. IF IN DOUBT, DO NOT OVERTAKE – Always signal the intention. 5. THE BUS STOP RULE 6. RULES TO PREVENT OR UNTANGLE TRAFFIC CONGESTION OR TRAFFIC JAM - keep the opposing lane or intersection open, In heavy slow or stopped traffic, there shall be no overtaking. In a road wherein constructions are ongoing, the vehicles should merge alternately. TRAFFIC MANAGEMENT THE TEN (10) COMMANDMENTS OF TRAFFIC SAFETY (cont.) 7. OBSERVED THE TRAFFIC MANAGEMENT MEASURES -like bus lanes, motorcycle lanes, bicycle lanes, truck ban, counterflow-reversible lanes, and one- ways. 8. THE PHILOSOPHY OF THE PINOY DRIVERS - motorists should observe equity of the lead vehicle, the doctrine of the “last clear chance”, and the first come first serve or rotunda rule. TRAFFIC MANAGEMENT THE TEN (10) COMMANDMENTS OF TRAFFIC SAFETY (cont.) 9. ON PEDESTRIAN - keep off roadways except to cross on crosswalks or pedestrian lanes. Wait, embark, and alight at the bus or jeep stop. 10. REMEMBER THE INTERNATIONAL DRIVING SAFETY REMINDER. - “Safety First”.