Traffic Law Enforcement MIDTERM PDF

TRAFFIC LAW ENFORCEMENT TRAFFIC LAW ENFORCEMENT TRAFFIC LAW ENFORCEMENT Traffic Law Enforcement Is the action taken by the police and the court to compel obedience to traffic laws and ordinances regulating the use and movement of motor vehicles for the purpose of creating a deterrent to unl...

TRAFFIC LAW ENFORCEMENT TRAFFIC LAW ENFORCEMENT TRAFFIC LAW ENFORCEMENT Traffic Law Enforcement Is the action taken by the police and the court to compel obedience to traffic laws and ordinances regulating the use and movement of motor vehicles for the purpose of creating a deterrent to unlawful behavior by all potential violators. Is the area of activity aimed at controlling road user behavior by preventive, persuasive, and punitive methods in order to effect the safe and efficient movement of traffic. TRAFFIC LAW ENFORCEMENT ACTION Traffic law enforcement action is part of enforcement involving the arrest, issuance of Temporary Operator’s Permit (TOP) or Traffic Violation Receipt (TVR) or warning of any person to the use of traffic roads. R.A. 4136 (amended by BP398) Only LTO deputized traffic enforcers are allowed to confiscate driver’s license Consideration which act as deterrent to motorist and pedestrian 1.Fear of fine and punishment 2.Loss of driving privilege 3.Possibility of being involved in accident 4.Positive area of good citizenship, doing what is right and setting an example Decision of Enforcement Action 1.Necessity of establishing policies including tolerance 2. Factors considered Degree of violation Accuracy of observation Continuous or momentary action Traffic and weather condition Evidence gathered A new law or not Functions of Traffic Enforcement 1. Police Traffic Law Enforcement The part of traffic law enforcement performed by the police and other agencies with police power including deterrent to law violation created by the presence of uniformed police officers and their special equipment, special assistance to courts and prosecutors and incidental services to highway users. 2. Court Traffic Law Enforcement The part of traffic law enforcement performed by the court by adjudication and penalization.  Police Court Enforcement Process Involves five essential steps to which the police provides varying responsibilities and influence: A. Detection B. Apprehension C. Prosecution D. Adjudication E. Penalization  Objectives of Traffic Law Enforcement 1. Preventive Activities Such as preventive patrol, directing, supervising, investigating accidents and eliminating road hazards. 2. Persuasive Activities Such as oral, written warning or visible patrols 3. Punitive Activities Normally dealt with by the courts, police or traffic authorities. Traffic Enforcement System The major elements in the traffic enforcement system are: 1. The Enforcement System Consist of the legislation, police, courts and penalties. 2. Road User Include pedestrians, drivers and passengers. 3. Traffic System Consist of the entire road and vehicle complex. Goals of Enforcement Activities 1. To increase safety level 2. To increase traffic efficiency 3. To insure harmonious and comfortable environment Police Traffic Enforcement Action 1. Prevent such violation from endangering persons or property. 2. Prevent continued violation 3. Discourage future violation Kinds of Enforcement Action 1. Traffic Arrest Is an enforcement action that consists of taking a person into custody for the purpose of holding or detaining him to answer a charge of law before a court. 2. Traffic Citation Is made of having a violator appear in court without physical arrest 3. Traffic Warning Is an enforcement action which does not contemplate possible assessment of penalty by the court or otherwise a s a result of warning alone. How to use the TOP or TVR The TOP is an official document designed for various purposes, namely: 1. It serves as a receipt for the confiscation of a vehicle. 2. It serves as a temporary permit to operate motor vehicles for 72 hours without extension from the time of confiscation or apprehension. 3. It is an official form of judicial or administrative citation 4. It is a record for disposing a case cited therein, either administratively or judiciary. 5. It is also a receipt for release of the confiscated items after adjudication and termination of the case. The Traffic Violation Report is issued only in Metro Manila. It conforms with RA 7924 creating MMDA and calls for a single ticketing system in Metro Manila. It serves as a receipt for the driver’s license or plate confiscated.  Apprehension As an apprehending officer duly deputized by the LTO or MMDA, you may confiscate the driver’s license or certificate of registration of the vehicle for any violation of the Land Transportation and Traffic Code and its rules and regulations, City and Municipal Ordinance. You should fill out the blank space of TOP forms in order to provide a detailed report of apprehension for the information, guidance and reference of all concerned. You should advice the violator to report within 72 hours, but not less than 24 hours to give allowance for proper transmittal from receipt thereof to: a. City/Provincial Fiscal, if in other chartered cities or provincial capitals without traffic courts, for violations of local traffic ordinance. b. Municipal Court, in its municipalities, for violation of local traffic ordinances. In the case of the TVR, apprehending officers are required to transmit confiscated licenses to the nearest MMDA Redemption Centers where the violation was committed within 36 hours.  Preparation of Information/Complaint Within your tour of duty, prepare information or complaint by filling up the TOP for processing of all traffic apprehensions at the appropriate offices. Filing of Information/Complaint Within 24 hours from the time of apprehension, file the complaint, together with the confiscated items, with the Clerk of Court, City or Provincial Fiscal or the court having appropriate jurisdiction. When the driver is charged for violating the Land Transportation and Traffic Code or its rules and regulation, the traffic enforcement unit forwards the confiscated license/permit/certificate of registration plus the original copy of the TOP to the LTO or to its nearest branch office within 24 hours from the time of apprehension.  Preliminary Findings and Disposition of License Within 72 hours or 3 days from the filing of the case with the respective traffic enforcement offices, the hearing authority shall make immediate preliminary findings on the basis of police or complaining witness’s reports as to whether or not there is an imperative necessity of withholding the driver’s license confiscated. Should there be no such necessity, he shall promptly order the return of the confiscated license to the owner without prejudice to recalling said license, and it becomes necessary for the prosecution of trial of the case. Where the violator fails to appear before the court or the investigating official concerned, his license/permit shall be forwarded to the LTO for its suspension or revocation.  Records of Court Proceedings When the violator appears in court within 15 days and pleads guilty, the clerk shows the fine schedule and the violator pays the fine at the Treasurer’s office, receipt of which is shown to Clerk of Court who records the same on the TOP, and his license, if cleared for release, is now returned to the driver. If the violator appears after 15 days, his license is forwarded to the LTO for suspension or revocation; he shows his TOP copy to the LTO for proper disposition of his license. Clerk of court, in every case, should inform the LTO and or the apprehending officer of the final disposition of the case. The violator appears in Court and desires not to plead guilty to the charge, the Clerk of Court sets the date of hearing and notifies the accused accordingly and sends a corresponding subpoena to the apprehending officer for his appearance. When the accused is found not guilty after the trial, his license, if in the possession of the court or the LTO, shall immediately be returned to him unless there is any other legal ground for its suspension or revocation.  R.A. 4136 This Act shall be known as the "Land Transportation and Traffic Code."  Classification of Registered Motor Vehicles 1. Private – these are motor vehicles used for the personal use of the owners. 2. Public Utility Vehicles – these are registered primarily for the conveyance of passengers and other commercial goods, i.e., passenger jeepneys, taxi cabs, etc. 3. Government – these are motor vehicles owned by government offices and are used for official purposes only. 4. Diplomat – these are issued to foreign diplomats and consuls assigned in the Philippines. Plate Numbers 1. Green and white background – issued to private or not for hire vehicles. 2. Black with yellow background – issued to public utility vehicles. 3. Red with white background – issued to government-owned motor vehicles. 4. Blue with white background – assigned for foreign diplomats consuls, and other foreign dignitaries. Special vehicle Pattern Class Notes 00000 Diplomatic Other exempted vehicles vehicles ABC-1234 Electric Electric vehicles Types of Plate Numbers A. Vanity License Plate (VLP) refers to the optional motor vehicle (MV) plate for the purpose of establishing personalized identity of the motor vehicle to the registered owner. LIMITED EDITION consists of four (4) or maximum of six (6) characters, either all numeric or all alphas; Example: 999999 AAAAA WWWWWW 8888 can be purchased through public aution with a floor price of Fifty Thousand Pesos (Php 50,000.00) PREMIUM EDITION consists of six (6) characters, a combination of numeric-alpha (reverse of the current license plate number); Example: 555 MCM 888 ARL 168 FFF the price is Fifteen Thousand Pesos (Php 15,000.00)  SELECT EDITION consists of minimum of three (3) or maximum of six (6) characters; Example: GANDA MACHO JST4U 14344 WINNER The price is Ten Thousand Pesos (Php 10,000.00) B. Optional Motor Vehicle Special Plate o Any triple alpha and non-triple alpha + two (2) numeric character combinations 01-99, shall cost Twenty Five Thousand Pesos (Php25,000.00) inclusive of the handling charge by the authorized LTO courier. Example: o Any triple alpha and non-triple alpha + numeric character 100, shall cost Fifteen Thousand Pesos (Php15,000.00) inclusive of the handling charge by the authorized LTO courier. Example: o Any combination of characters such as triple-alpha, triple-numeric and other combination of characters as specified in Section 2.3 hereof, shall cost Fifteen Thousand Pesos (Php15,000.00) inclusive of the handling charge by the authorized LTO courier. Example: Schedule of Registration Registration of motor vehicles should be done annually which follows the numerical suffixes of their plate numbers. Use the last digit of plate numbers 1 – January 6 – June 2 – February 7 – July 3 – March 8 - August 4 – April 9 - September 5 – May 0 - October Weekly Deadline – use middle digit for motor vehicles while third digit for motorcycles. 1,2,3 – first week of the month 4,5,6 – second week of the month 7,8 – third week of the month 9,0 – fourth week of the month  Protocol/High-ranking government plates These plates are green D or DD plates reserved for the top government officials of the Republic of the Philippines. 1 - President 2 - Vice President 3 - President of the Senate 4 - Speaker of the House of Representatives 5 - Chief Justice of the Supreme Court 6 - Cabinet Secretaries 7 - Senators 8 - Representatives (Congressmen) 9 - Associate Justices of the Supreme Court 10 - Presiding Justice and other Justices of the Court of Appeals. 11 - Chairman, Commission on Elections 12 - Cabinet Undersecretary 13 - Solicitor-General 14 - Chief of Staff of the Armed Forces of the Philippines and Chief of the Philippine National Police 16 - Regional Trial Court Judges 17 - First Level Courts (Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities and Shari'ah Circuit courts), added by Memorandum Order No. 297 signed by President Gloria Macapagal-Arroyo on March 2, 2009  OPERATION OF MOTOR VEHICLE Duty to procure license. - 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. 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 to any person with authority under this Act to confiscate the same. Driver’s License – a document issued to a qualified driver who possesses the statutory qualifications as provided therefore. STUDENT PERMIT - This kind of document is issued to persons who desire to learn how to drive. A student driver cannot operate a vehicle unless accompanied by a instructor who may either be a licensed professional or non-professional driver QUALIFICATION 1. Must be at least sixteen (16) years old 2. Must be physically and mentally fit to operate a motor vehicle 3. Must be able to read and write the local dialect, Filipino or English Fees: Student Permit (SP) Fee 150.00 Application Fee 100.00 Computer Fee 67.63 ------------ P 317.63 REQUIREMENTS 1. Original and photocopy of birth certificate. In the absence thereof, any of the following: a. Joint Affidavit of two (2) disinterested persons who know the applicant and who can attest to his/her age and identity accompanied by non-availability of record from NSO or the local civil registry office b. Any legal document to prove his/her age and identity such as GSIS, SSS, passport or any government issued documents 2. For applicants below 18 years old, parent’s or guardian’s written consent with photocopy of ID card to prove his identity 3. Taxpayer’s Identification Number (TIN) 4. Duly accomplished Application for Driver’s License (ADL) form NON- PROFESSIONAL DRIVER’S LICENSE - This kind of license is issued to owners of privately owned motor vehicles or those not for hire. Qualifications: 1. Must be at least seventeen (17) years old 2. Must be physically and mentally fit to operate a motor vehicle 3. Must not be a drug user or alcoholic 4. Must be able to read and write in Filipino or English 5. Must be clean, neat and presentable (wearing of sando, playing shorts and slippers during photo- taking & examinations will not be allowed). Requirements: 1.Duly accomplished Application Form for Driver’s License (ADL) 2.Valid Student Permit (at least 1 month old) 3.Medical Certificate with official receipt (from LTO accredited or Government physician) 4.Negative drug test result (from a DOH accredited drug testing center & Government Hospital) 5.Taxpayer’s Identification Number (TIN) 6.Must have passed the LTO conducted written and practical examinations.  Fees and Charges: Application Fee 100.00 Computer Fee 67.63 ------------ P 167.63 License Fee 350.00 Computer Fee 67.63 ------------ P 417.63 PROFESSIONAL DRIVER’S LICENSE : This is issued to a driver hired or paid for driving or operating a motor vehicle whether private use or for hire to the public. Fees and Charges: Qualifications: 1.Must be at least eighteen (18) years old Application Fee 100.00 2.Must be physically and mentally fit to Computer Fee 67.63 operate a motor vehicle ------------ 3.Must not be a drug user or an alcoholic P 167.63 4.Must not be afflicted with any contagious disease or epilepsy License Fee 350.00 5.Must be able to read and write in Computer Fee 67.63 Filipino or English ------------ 6.Must be clean, neat and presentable P 417.63 Requirements: 1.Duly accomplished Application Form for Driver’s License (ADL) 2.Valid Student Permit (at least 5 months old or four months old Non Prof License) 3.Medical Certificate with Official Receipt from LTO accredited or Government physician) 4.Negative drug test result from a DOG accredited drug testing center or Government hospital 5.Taxpayer’s Identification Number (TIN) 6.Clearances. Any of the following: a. NBI Clearance b. Police Clearance c. Court Clearance 7. Must have passed the LTO conducted written and practical examinations.  CHANGE CLASSIFICATION (NON-PROFESSIONAL TO PROFESSIONAL) Requirements: 1.Current /Expired Non-Prof. Driver’s License 2.Duly accomplished Application for Driver’s License (ADL) form 3.Medical Certificate with Official Receipt from LTO accredited or Government physician 4.Negative drug test result from a DOH accredited drug testing center or Government hospital 5.Clearances. Any of the following: a. NBI Clearance b. Police Clearance c. Court Clearance 6.Must have passed the LTO conducted written and practical examinations if the license is valid, expired or with Additional Restriction Code (ARC) Fees and Charges: Application Fee 100.00 Computer Fee 67.63 ------------ P 167.63 Replacement Fee 225.00 Computer Fee 67.63 Change Classification fee 100.00 ------------ P 392.63 If due for renewal license fee 350.00 Penalty if expired 1 day to 1 yr. 75.00 1 yr. & 1 day to 2 yrs. 150.00 2 years & 1 day to 10 years 225.00 If with ARC 100.00  Driver’s Restriction Code Driver’s Condition 1.A – wear eye glasses 1. Motorcycles/Motorized Tricycles 2.B – drive only with special equipment for upper limbs 2. Vehicle up to 4500 kgs. Gross Vehicle Weight 3.C – drive only with special equipment for lower limbs (GVW) 4.D – daylight driving only 3. Vehicle above 4500 kgs GVW 5.E – accompanied by a person with normal hearing 4. Automatic clutch up to 4500 kgs GVW 5. Automatic clutch above 4500 kgs GVW 6. Articulated vehicle 1600 kgs GVW & below 7. Articulated vehicle 1601 kgs up to 4500 kgs GVW 8. Articulated vehicle 4501 kgs GVW & above 9. Disabled License for enlisted men operating Government motor vehicles. - Enlisted men operating a motor vehicle owned by the Government of the Philippines shall be licensed in accordance with the provisions of this Act, but no license or delinquency fees shall be collected therefrom. All licenses so issued shall bear the words "For Government Vehicles Only" plainly marked or stamped in red ink across the face thereof. Operation of motor vehicles by tourists. - Bona fide tourist and similar transients who are duly licensed to operate motor vehicles in their respective countries may be allowed to operate motor vehicles during but not after ninety days of their sojourn in the Philippines. If any accident involving such tourist or transient occurs, which upon investigation by the Commissioner or his deputies indicates that the said tourist or transient is incompetent to operate motor vehicles, the Commissioner shall immediately inform the said tourist or transient in writing that he shall no longer be permitted to operate a motor vehicle. After ninety days, any tourist or transient desiring to operate motor vehicles shall pay fees and obtain and carry a license as hereinafter provided.  Miscellaneous Traffic Rules Reckless driving. - No person shall operate a motor vehicle on any highway recklessly or without reasonable caution considering the width, traffic, grades, crossing, curvatures, visibility and other conditions of the highway and the conditions of the atmosphere and weather, or so as to endanger the property or the safety or rights of any person or so as to cause excessive or unreasonable damage to the highway. Right of way for police and other emergency vehicles. - Upon the approach of any police or fire department vehicle, or of an ambulance giving audible signal, the driver of every other vehicle shall immediately drive the same to a position as near as possible and parallel to the right-hand edge or curb of the highway, clear of any intersection of highways, and shall stop and remain in such position, unless otherwise directed by a peace officer, until such vehicle shall have passed. Tampering with vehicles. - No unauthorized person shall sound the horn, handle the levers or set in motion or in any way tamper with a damage or deface any motor vehicle. Hitching to a vehicle. - No person shall hang on to, ride on, the outside or the rear end of any vehicle, and no person on a bicycle, roller skate or other similar device, shall hold fast to or hitch on to any moving vehicle, and no driver shall knowingly permit any person to hang on to or ride, the outside or rear end of his vehicle or allow any person on a bicycle, roller skate or other similar device to hold fast or hitch to his vehicle. Driving or parking on sidewalk. - No person shall drive or park a motor vehicle upon or along any sidewalk, path or alley not intended for vehicular traffic or parking. Driving while under the influence of liquor or narcotic drug. - No person shall drive a motor vehicle while under the influence of liquor or narcotic drug. Obstruction of traffic. - No person shall drive his motor vehicle in such a manner as to obstruct or impede the passage of any vehicle, nor, while discharging or taking on passengers or loading or unloading freight, obstruct the free passage of other vehicles on the highway. Duty of driver in case of accident. - In the event that any accident should occur as a result of the operation of a motor vehicle upon a highway, the driver present, shall show his driver's license, give his true name and address 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; 2. If he reports the accident to the nearest officer of the law; or 3. If he has to summon a physician or nurse to aid the victim.