SC to DOTC: Answer plea vs higher traffic fines

MANILA, Philippines - The Supreme Court (SC) ordered yesterday the Department of Transportation and Communications (DOTC) and its attached agencies, the Land Transportation Office (LTO) and the Land Transportation Franchising and Regulatory Board (LTFRB), to answer a petition against higher fines for traffic violators.

However, the DOTC can still proceed with the imposition of higher fines after the transport groups that filed the petition failed to secure a temporary restraining order (TRO) from the SC in time for the implementation of the Joint Administrative Order 2014-01 or the Revised Schedule of Fines and Penalties for Violations of Laws, Rules and Regulations Governing Land Transportation starting tomorrow. 

In a resolution, the high court deferred action of the prayer for TRO in the petition filed by the Samahan Ng Mga Tsuper at Operator ng Pilipinas Genuine Organization (Stop & Go) last week.

The SC gave the DOTC and the two agencies 10 days from receipt of notice to comment on the petition before it rules on the TRO plea.

Trade restraint

The petitioners alleged that the new measure is a form of restraint in trade in violation of Section 1, Article III of the Constitution. 

They believe the increase in fines would only encourage corrupt traffic enforcers to step up their mulcting activities. 

Stop & Go also claimed that DOTC Secretary Joseph Emilio Abaya, LTFRB chairman Winston Ginez and LTO chief Alfonso Tan committed grave abuse of discretion in approving the “vague” order, which did not specify whether the operator or the driver will pay the fine. 

They also alleged that the new policy “was clearly focused on public utility buses.”

A local forwarding and trucking company, Ximex Delivery Express Inc., filed a similar petition earlier this week. 

Under the assailed order, severe penalties would be imposed on “colorum” vehicles or public utility vehicles (PUVs) plying the routes without a franchise from the government.

Colorum buses stand to pay a fine of P1 million from the present P6,000 penalty, while colorum trucks will be fined P200,000; colorum jeepneys, P50,000; colorum vans, P200,000; colorum sedans, P120,000; and colorum motorcycles, P6,000. 

Aside from the increase, the order said that colorum vehicles will also be impounded for a minimum of three months while the entire certificate of public convenience to which the vehicle belongs will be revoked together with the vehicle registration. 

It will also be blacklisted from being used as a public utility vehicle in the future.

On the second offense, the entire fleet of the erring operator will be revoked, the vehicles will be blacklisted from being used as PUVs in the future while their vehicle registrations will also be revoked.

Also under the order, a P5,000 fine will be imposed on those who fail to attach and those who improperly attach or tamper with motor vehicle license plates and third-plate stickers.

The DOTC said this includes the attachment of any unauthorized accessory or device that impedes the visibility or reflectivity of the valid license plate or third-plate stickers.

Apart from colorum PUVs, the order also imposes higher penalties for other violations, including driving without a valid driver’s license, reckless driving, failure to wear a seatbelt, driving an unregistered motor vehicle, and other breaches of traffic rules and regulations.