Suggestions as DILG reiterates policy on driver’s license confiscation

September 23, 2022 - 1:59 PM
MMDA enforcers check vehicles during a dry run of the High-Occupancy Vehicle traffic scheme on EDSA in Cubao, Quezon City. (The STAR/Boy Santos)

As the Land Transportation Office (LTO) issues a reminder about driver’s license confiscation, suggestions were made to reinforce the policy on the road.

The LTO on Thursday welcomed the memorandum released by the Department of Interior and Local Government (DILG) reiterating the provision found in a 2008 joint memorandum circular.

Section 3.4 of the DILG-DOTC Joint Memorandum Circular No. 01 (series of 2008) reads:

The LGUs can issue traffic citation tickets but only the LTO and their deputized agents can confiscate driver’s licenses.

The DILG directed local government units “to review their ordinances, orders and local policies, to ensure conformity and compliance with the said provision and with the entirety of the above-cited JMC.”

“All DILG Regional Directors are directed to cause the widest and immediate dissemination of this Memorandum in their areas of responsibility, and to ensure LGU’s compliance herewith,” DILG said.

The LTO welcomed the DILG’s memo on a separate Facebook post.

“Ang hakbang ng DILG ay pagbibigay-diin lamang na ang LTO ang pangunahing law enforcement agency na may mandatong tiyaking naipatutupad at nasusunod ang mga batas-trapiko para sa kaligtasan ng publiko,” the LTO said.

This was welcomed by Filipinos, while others hoped the policy would be strictly enforced on the road. Some gave their suggestions in the comments section.

“Dito dapat [sine-seminar nang] mabuti ang mga local trapik enforcers,” a Facebook user wrote in response to LTO’s post.

“Bigyan ng parusa ang sino mang magkumpiska ng driver’s license na hindi LTO,” another online user commented.

“Dapat ang ipinupwesto ng LGU [na] mga traffic enforcers ay ‘yung nakakaintindi, hindi ‘yung trip lang manghuli [nang] manghuli. Dapat properly knowledgeable,” a different Pinoy said.

“Dapat may deputized jacket as uniformed itong mga LGU enforcers! Para identify sila na totoong deputized at dapat each one enforcers may original mission order from the LTO!” another Facebok user wrote.

Other existing policies 

The Land Transportation and Traffic Code, also known as Republic Act 4136, additionally notes that “law enforcement and peace officers duly designated by the Commissioner [of Land Transportation]” can confiscate a license and issue a receipt that temporarily allows the driver to operate a vehicle for 72 hours.

This is known as the Temporary Operator’s Permit (TOP), of which only deputized agents can issue. Others can only issue traffic citation tickets.

RA 4136 also notes that “no provincial board, city or municipal board or council shall enact or enforce any ordinance or resolution in conflict with the provisions of this Act.”

The Metro Manila Development Authority additionally said that while an enforcer cannot confiscate a driver’s license, it has the authority under the following situations:

  • The driver was involved in a traffic accident
  • The driver has accumulated three or more unsettled violations
  • The driver has been apprehended for certain violations such as driving against traffic, overspeeding and reckless driving (second offense), among others. A full list can be seen on its website.