Without license confiscation, will drivers follow LGU rules?

EDITORS DESK

With face-to-face classes and working in the office returning, traffic has predictably climbed back to pre-pandemic levels. Many can expect that surge of volume to be accompanied by a surge of reckless driving and traffic violations as well.

Naturally, many LGUs will be keen to enforce traffic rules within their jurisdictions to ensure smooth traffic flow and efficiency. Yet the timing couldn’t be worse as both the Supreme Court and Department of Interior and Local Government (DILG) have effectively de-fanged their means of disciplining drivers.
Some months ago, the Supreme Court had issued a Temporary Restraining Order (TRO) that suspends the operation of No Contact Apprehension Programs (NCAP). This affects all those operating NCAP means of catching traffic violators, whether it’s the MMDA or a Metro Manila LGU. Thus far, all those involved have agreed to abide by the TRO, resorting instead to in-person apprehension for particularly problematic areas.

Just a few days ago, yet another blow was delivered in the form of a memorandum from the DILG. It stresses to LGUs that, while they are allowed to enforce traffic within their jurisdiction, they are not allowed to confiscate licenses. The most they can do is issue traffic citation tickets.
Why confiscate licenses?

Confiscating licenses has become the de-rigueur means to enforcing traffic because it presents a real and serious threat to people’s mobility. Without a license, one cannot drive, forcing erring drivers to settle whatever fine their offense has incurred as soon as possible. In the case of traffic infractions committed in an LGU or MMDA controlled area, that means heading to city hall or the MMDA headquarters to settle the fine and get the license back. The traffic ticket only serves as a license for just a few days, forcing erring drivers to settle it soon. Without confiscation, there’s no real urgency for any driver to settle their traffic ticket if at all, especially if they don’t live within that LGU.

The NCAP had another alternative: placing an alarm on the offending vehicle. With a warning of outstanding fines or offenses sent to the LTO, the registration of the vehicle involved is prohibited until the offense is settled. Again, this forces the erring driver to settle their traffic offense or else risk not being able to register and use their vehicle. Like license confiscation, without LTO alarms, there’s no real urgency for any driver to settle their traffic ticket if at all, especially if they don’t live within that LGU.

Citations with no bearing

As such, any citizen can simply accumulate traffic citation tickets with no real repercussions until they are forced to transact with that LGU. Not surprisingly, this is why Manila has said it will continue confiscating licenses, citing a local government code that empowers them to do such. Without the threat of losing one’s license, what will, as some say, ‘put the fear of God’ in undisciplined drivers?

Granted, the NCAP and license confiscation systems had their own flaws, with some drivers falling prey to overeager traffic officers, bizarre city ordinances, and some junctions seemingly purposely designed to become traffic violation traps.

On the flip side, it can be a boon to traffic enforcement. After all, Filipino drivers can be quite stubborn creatures of habit, keen to find ways around the debilitating traffic jams, many of which involve violating traffic rules. License confiscation easily instills fear in any driver, particularly when it can mean losing the privilege to drive.

Yet if all you get is a ticket, how many will actually make the trip to city hall and lineup for an hour, or just to clean a traffic record that has no bearing on your license or vehicle registration?

(Iñigo S. Roces is the Motoring Editor of Manila Bulletin)