Groups against move to allow traffic enforcers to seize licenses

At least five transport groups are opposing the proposed ordinance that aims to authorize traffic enforcers in Cebu City to confiscate the license of drivers found violating traffic laws.

Members of the Visayas United Drivers Transport and Allied Services Cooperative (VUDTRASCO), Pagkakaisa ng mga Samahan ng Tsuper at Opereytor Nationwide-Cebu (PISTON), Cebu Integrated Transport Service Multipurpose Cooperative (CITRASCO), Alliance of Transport Organization Member IntraCebu City (ATOMIC), and Metro Taxi Operators Association were present at the public hearing for the proposed ordinance yesterday.

Lawyer Jose Glenn Capanas, counsel of taxi operator Chiquito Obeso, said there is nothing under Section 29 of Republic Act No. 4136 or the Land Transportation and Traffic Code that authorizes a local government to pass an ordinance that authorizes the confiscation of a driver's license.

“Regulation of traffic does not include confiscation of driver's license which is prohibitive in nature and is not anymore regulatory,” Capanas said.

He also said that the City Council should not invoke the Local Government Code as basis of passing the proposed measure.

While saying that the proposal is noble, Capanas said traffic enforcers are not deputized by the Land Transportation Office, as provided under Section 29 of RA 4136. For now, only LTO enforcers and other agents deputized by LTO can confiscate a driver's license.

“It is LTO which issues and releases licenses of drivers and not the local government unit,” he said.

Section 29 of RA 4136 states that “law enforcement and peace officers duly designated by the Commissioner shall, in apprehending any driver for violations of this Act or of any regulations issued pursuant thereto, or of local traffic rules and regulations, confiscate the license of the driver concerned and issue a receipt prescribed and issued by the Commission therefor which shall authorize the driver to operate a motor vehicle for a period not exceeding seventy-two hours from the time and date of issue of said receipt...”

So far, only the representative of Cebu Road Heroes Organization in the person of Pepper Quisumbing is supporting the proposal.

The proponents of the measure, Councilors Eugenio Gabuya and Margarita Osmeña, believe it can address the worsening traffic situation in the city, which is caused by erring motorists.

Capanas argued, however, that no data can support this claim. Instead, he said, the city must fix traffic lights that are busted.

Alita Pulga, acting regional director of LTO, also said the proposed measure contradicts RA 4136.

She recommended that the council review certain provisions in the proposal to “avoid any legal complications” in the future.

She pointed out that LTO has no existing guidelines that can conform to Section 3 (b) of the proposed measure, which states that the apprehending officer will appear in the Traffic Adjudication Section.

OTHER SENTIMENTS

Greg Perez of PISTONCebu said the proposed measure will be an additional burden on drivers of public vehicles.

“Kung kana mapatuman mahimong dugang tinubdan sa pang-abuso sa pipila ka CCTO traffic enforcer ug ahente nga gamiton ang gahom sa pagpanakop ug moresulta sa kurapsyon,” he said.

Section 2 of the proposed measure states that "any person violating any provision of RA 4136, or any regulations issued pursuant thereto, or any traffic ordinance of the City of Cebu shall be issued an Ordinance Violation Receipt (OVR) or Citation Ticket by duly deputized enforcement or officer of CCTO.”

Alex Bordadora of VUDTRASCO said his group might support the proposal if the OVR will be issued only for violations of city ordinances, rules and regulations.

“This is to avoid a situation wherein a nondeputized enforcer by the LTO would still be able to confiscate a driver's license for violating provisions of RA 4136 by authority of the ordinance subject of this discussion,” Bordadora said.

Atty. Froilan Quijano, Jr. of Metro Taxi Operators Association said the “confiscation of driver's license is very sweeping.”

“There is no delineation as to the severity of the offense. So, mo-no left turn lang gyod, driving in the opposite lane, pwede ma-confiscate,” he said.

Ryan Benjamin Yu, chairman of CITRASCO, pointed out that taxi drivers travel from one city to another with their licenses issued by the national government and recognized by all agencies in the country.

Like Osmeña and Gabuya, CCTO head Rafael Yap believes the proposed measure can strengthen enforcement of traffic laws.