Motorist tips on ‘No Contact Apprehension’

As of April 15, the “No Contact Traffic Apprehension Policy” of the Metro Manila Development Authority (MMDA) took effect.

The No Contact Traffic Apprehension Policy allows the MMDA to apprehend motorists for violations of traffic laws and regulations without any physical contact from MMDA Traffic Enforcers. Instead, CCTV, digital cameras and other types of technologies that capture videos or images are used to identify traffic violations.

Here are some simple tips to remember:

1. BE EXTRA CAREFUL WITHIN METRO MANILA

The No Physical Contact Apprehension applies only within Metro Manila. Hence, motorists should take extra care when driving around this area. While some erring motorists may be able to plead, reason with ( or worse, bribe) an MMDA Traffic Endorser, there is no reasoning with a CCTV camera.

2. MMDA TRAFFIC ENFORCERS ARE STILL AROUND

While CCTV and digital cameras are now installed in several areas around Metro Manila, MMDA Traffic Enforcers will still perform their regular functions. That means MMDA Traffic Enforcers may still apprehend motorists who are caught violating traffic rules or regulations. MMDA Traffic Enforcers may also confiscate a motorist’s driver’s license in situations which allow such confiscation.

3. IF YOU TRANSFER, REGISTER

For car owners who sell or give away their cars, do not delay in registering the transfer of ownership. Under the No Contact Apprehension Policy, the “registered” owner will receive the first notice of violation. This applies even if the car has already been transferred by sale, gift, or donation to another person. The registered owner (who is no longer using the car) may file a protest at the MMDA Traffic Adjudication Division and show a notarized Deed of Sale (or Deed of Donation, etc) as evidence, as well the name and address of the current owner.

Whether the original owner has sold a car or given it to his/ her child or family member, register the transfer immediately. Note that payment of the applicable taxes is required prior to the transfer of registration (e.g., capital gains tax, donor’s tax, etc.).

Timely registration will save the previous owner the hassle of receiving the first notice of violation and having to undergo the process of filing a protest with the MMDA.

4. UPDATE YOUR INFORMATION DETAILS WITH THE LTO

For every violation identified by CCTV or digital cameras, the MMDA No Contact Apprehension Team will search for the violator’s motor vehicle records in coordination with Land Transportation Office (LTO). Thus, motorists should ensure that their records have correct, up- todate information. Motorists should immediately notify the LTO if they changed their residential or office address.

Notices of violation are sent by the MMDA to the registered owner’s address as indicated in their or LTO’s records. Timely receipt by the registered or real owner of notice from the MMDA is crucial as will be explained in numbers 6 and 7 below.

5. BE CAREFUL WHEN LENDING YOUR CAR

As previously mentioned, the registered owner receives the first notice of violation. If the registered owner still owns the car but was not the driver responsible for the violation, such registered owner must identify the car’s driver at the time and place indicated in the notice. The registered owner must also provide the MMDA with the address of the driver.

Failure to undertake the steps above within the required period ( see number 7 below) will make the registered owner liable for the traffic violation of the erring driver. This may sound unfair, but note that there is no other way for the MMDA to know who the real driver was at the time of the violation. Thus, the registered owner is responsible for identifying the driver who committed the violation. The important lesson from this is— car owners should be cautious about lending their cars to save themselves from the hassle of another driver’s violation.

6. YOU HAVE THE RIGHT TO QUESTION

The car owner or driver is given several chances to question or challenge a violation identified through the No Contact Apprehension Policy.

From the time the registered owner or driver receives the “First Notice” of violation from the MMDA, such person may file a protest with the MMDA- Traffic Adjudication Division (TAD). The protest must be filed within seven days from receipt of the Notice.

The owner/driver who receives an adverse or unfavorable decision from TAD may file a Motion for Reconsideration with the TAD. Such Motion for Reconsideration must be filed within 15 days from receipt of the decision.

If the Motion for Reconsideration was denied, the owner/driver may file an appeal with the Office of the MMDA Chairman. The appeal must be filed within 30 days from the receipt of the Motion for Reconsideration’s denial.

The decision of the Office of the MMDA Chairman is final and executory.

7. REMEMBER “SEVEN”

Seven is an important number to remember when it comes to the No Contact Apprehension Policy. The owner or driver has seven days to question a notice of violation and/or to pay the required penalties.

Upon receipt of the First Notice from the MMDA, the registered owner or driver has seven days to question the notice or file a protest. For instance, a registered owner who has already sold or transferred the car, or was not driving the car at the time of the violation, must notify the MMDA of such facts within seven days. The real driver who contests the finding of violation must file a protest within seven days from receipt of the First Notice. Failure to do so within seven days is considered a waiver of such right to contest the violation or present evidence as a defense. If the registered owner or driver does nothing within seven days, a Final Notice will be issued and the remedy to question or contest the violation will be lost.

If the registered owner or driver does not want to question or file a protest against the violation, the fines and penalties must be paid within seven days from the receipt of the First Notice.

8. YOU DON’T NEED A LAWYER

Motorists don’t need a lawyer when filing a protest, motion for reconsideration, or appeal with the MMDA. Car owners or drivers are not expected to file complicated documents or undergo a complicated proceeding with the MMDA for these matters.

There are benefits to the No Contact Traffic Apprehension Policy such as simplifying the process of apprehending traffic violations, removing or minimizing the possible temptation to escape liability for traffic violations through bribing or being bribed (for drivers and MMDA Traffic Enforcers, respectively), or training drivers to always observe traffic rules even if there are no MMDA Traffic Enforcers in sight.

As the saying goes—the camera does not lie. While CCTV or digital cameras do not exercise discretion, car owners and drivers retain full discretion to be careful and lawabiding.