Is LTO’s ‘no registration, no travel’ policy unconstitutional?

The Metropolitan Manila Development Authority (MMDA) yesterday said that the enforcement of the “no registration, no travel” policy of the Land Transportation Office ( LTO) “might be unconstitutional” as it deprives an individual of the right to use his own property without due process of law.

The MMDA’s statement greeted the first day of enforcement of

the LTO policy that prohibits the use of unregistered vehicles to travel, which falls on the weekend of the Holy Week when at least a million people drive out of Metro Manila. (See infograph on Holy Week Exodus on page 2)

MMDA Chairman Francis Tolentino said the LTO policy is untimely and “un-Christian” considering the exodus of people going to the provinces in observance of the Lenten season.

“The LTO should have considered that it’s Lenten season. They should have allowed motorists to enjoy their travel going to their provinces without the hassle before enforcing this policy,” said Tolentino.

Not inclined to apprehend violators

Tolentino said the MMDA and the 17 metro local government units are not inclined to apprehend violators of the LTO order because it is ill-timed and restricts the timely observance of Filipino religious tradition.

Under the policy, any four-wheeled motor vehicle (MV) running without a license plate may be apprehended by a traffic enforcer.

3 owners fined

At the start of the day, three owners of brand new vehicles were fined and two private cars were impounded yesterday in Metro Manila for not carrying license plates.

According to LTO Law Enforcement Service chief Director Roque Versoza Jr., most of the violators at the National Capital Region were apprehended along Epifanio delos Santos Avenue (EDSA).

“The owners of the three brand new vehicles were flagged down because they don’t have license plates. They were fined because they have exceeded the seven-day grace period in order to register their vehicles,” he said.

Exceeded 37-day period

“Two other vehicles were apprehended and impounded because they have exceeded the 37-day period within which to register their vehicles and secure their license plates,” Versoza added.

‘Motorists cannot be faulted’

Meanwhile, the MMDA chief said that majority of the motorists cannot be faulted for driving new cars with no license plates because their vehicles have been registered with the LTO and are awaiting issuance of their license plates.

In his letter to the LTO, Tolentino asked the agency to reconsider and hold back the enforcement of the new policy.

“They ( owners of brand- new vehicles) should not be penalized for not having their license plates on time, they already have their conduction stickers. They are paying their monthly amortizations and have no deliberate intention to violate the law,” the MMDA chairman said.

Instead, Tolentino suggested that LTO should go after old vehicles without license plates.

“In fact, at this time of the year, we need to freely move people especially now that there is shortage of provincial buses, we must also consider the forthcoming arrival of super-typhoon ‘Chedeng.’ We must move people immediately out of harm’s way utilizing safe vehicles,” he said.

Penalties

Violators will be slapped with

10,000 fine for driving an unregistered vehicle which is assessed against the vehicle owner and a 1,000 fine on the driver.

If the driver is able to present a certificate of registration and an official receipt of the vehicle to prove that it has been registered, the driver will be fined only 5,000 for failure to attach plates.

For vehicles that are within the seven-day registration process, the driver must present the Certificate of Stock Reported, sales invoice dated within seven days prior to the apprehension, and a Certificate of Insurance Cover dated on or after the date of sales invoice. If such documents are presented, no penalties will be meted out.

Car dealers blamed

Meanwhile, LTO Chief Assistant Secretary Alfonso Tan said most of the violators blamed their auto dealers for the delay in the processing of their license plates.

“We encourage motor vehicle owners to contest within five days from apprehension as this will allow us to investigate if the delay is indeed the fault of the dealers,”

he said.

Fine for dealers

According to Tan, erring dealers will be fined P100,000 for the first offense, three months suspension of accreditation for the second offense, and revocation of accreditation for the third offense.

Tan said the LTO has already penalized local Maserati-distributor Formula Sports, Inc., for the failure to register the blue Maserati Ghibli sports car of businessman Joseph Russel Ingco, who made headlines last year for assaulting traffic enforcer Jorbe Adriatico of the MMDA.

Dealerships have refused to answer questions after being sought for comment.

Earlier, the LTO has reportedly submitted to the DOTC its list of dealerships, rebuilders, and importers in the National Capital Region and their corresponding transactions from January to March 27.

According to DOTC Secretary Joseph Emilio Abaya, the list proves that license plates for new motor vehicles became available upon issuance of registration documents as early as February 13.