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Traffic Enforcers ‘Can't Seize Driver's License’

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DIRECTOR Victor Emmanuel Caindec of the Land Transportation Office (LTO) 7 yesterday declined to comment on the Cebu City ordinance authorizing traffic enforcers to confiscate the licenses of erring drivers.

“I have not yet read the ordinance. It’s difficult to comment unless we have read the details,” Caindec said.

An official of the LTO in Manila said that the city ordinance is void from the beginning because this is in violation of Republic Act (RA) 4136, or the Land Transportation Code, which was passed by Congress and approved by the President.

He said no city council can encroach on the power of Congress to pass laws. If they insist, that is ignorance of the law and all those who voted for it can be charged before the Office of the Ombudsman.

It is clear in Paragraph 5, Section 4, Article III of RA 4136 that the LTO, or its deputies (or deputized agents), are authorized to make arrests (or confiscate a driver’s license) for traffic violations, he said.

If a deputized agent will confiscate a driver’s license, he must issue a temporary operator’s permit (TOP) to the erring driver so he/she can still drive the vehicle within 72 hours.

The official said that traffic enforcers from the Cebu City Transportation Office (CCTO) are not deputized, so they cannot confiscate a driver’s license but can only issue a citation ticket.

RA 4136 also provides that even local traffic enforcers, CCTO enforcers for example, can endorse to LTO all cases of apprehension for adjudication.

https://www.sunstar.com.ph/article/1768106/Cebu/Local-News/Enforcers-cannot-seize-license

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Bama

My lawyer has told me that you are required to show your DL to law enforcement but not required to give it to them. Didn't know about the temp license that is to be issued if the LTO takes your DL.Wonder if this is what really happens or just what the law says is supposed to happen.

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cogon88

Seems it depends where you are and what you have done in our area they Highway Patrol will take your DL License and if you have an overloaded truck the LTO will take the drivers License as we'll as the License Plate 

https://motioncars.inquirer.net/50521/traffic-enforcer-cannot-confiscate-drivers-license

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samatm
33 minutes ago, cogon88 said:

Seems it depends where you are and what you have done in our area they Highway Patrol will take your DL License and if you have an overloaded truck the LTO will take the drivers License as we'll as the License Plate 

https://motioncars.inquirer.net/50521/traffic-enforcer-cannot-confiscate-drivers-license

HIghway patrol ... ?   Really ? 

  • Haha 1

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cogon88
40 minutes ago, samatm said:

HIghway patrol ... ?   Really ? 

Yes their are a rare animal here is their facebook page for an unbieliver 

PNP Highway Patrol Group - Home | Facebook

https://www.facebook.com/HPGPIO/

PNP Highway Patrol Group. 11K likes. Highway Patrol Group (HPG) is one of the operational units of the Philippine National Police (PNP) that ensures the...

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MickyG

HPD are not allowed to take your licence unless they are approved to do so and they must present that approval. same way as police are not allowed to take the licence without express authorization.  Gone are the days that would just smile and take it anyway, These days there are consequences

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yingy52

11 years ago the Highway Patrol Group waved me over on my "big bike" at the entrance to Cavite City. A Huskey 150cc. I had a license but I was late a month on the registration. One of them took me to their police car and gave me the choice of paying 10k or they would take my plate. 

At the time I was almost broke cuz it was close to payday so they ended up removing my plate and told me I could claim the plate at the Imus police station in one week. Went there after a week and a half and they knew nothing about it.

Ended up just putting a "for registration" thing on the plate holder before I sold it 2 years later for about 1/4th of what I could have gotten with the plate.

The Highway Patrol Group guys wear the Canadian Mounty type hats and the almost knee high black boots as part of their uniform. If you see em steer clear.

 

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A_Simple_Man
6 hours ago, yingy52 said:

Ended up just putting a "for registration" thing on the plate holder before I sold it 2 years later for about 1/4th of what I could have gotten with the plate.

You do know you can (currently) get a plastic plate made up to look like the official one and so long as you have paid up OR and CR to match then no one cares, right?  I have bought and sold a couple of bikes by putting plastic plates on them AND registered them into my own name through the proper channels AND been through stop checks and passed.  No problem. 

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jtmwatchbiz
15 minutes ago, A_Simple_Man said:

You do know you can (currently) get a plastic plate made up to look like the official one and so long as you have paid up OR and CR to match then no one cares, right? 

yes been that way for as long as i can remember with cars as well.  as long as your paperwork shows the same plate number as your custom made plate no one cares.  many cars and SUVs run custom made plates and there's a guy with a stand on jakosalem st on the corner next to the big produce market that makes up the plates.  been there for over 10 years.  perfectly acceptable.    

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Woolf

A temp. plates should look like this one

car

image.png.73936ef22a303317250e2483123e4345.png

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