Bill seeking compensation for improper traffic apprehension filed in Senate

MANILA: Senate Bill No. 1976, also known as the Fair Traffic Apprehension Act, aims to compensate motorists who are wrongly apprehended for committing traffic violations.

The explanatory note of the bill filed by Senator Raffy Tulfo states that “this compensation is aimed at covering the losses incurred by drivers due to the wrongful apprehension, such as lost time, missed appointments, and additional transportation costs.”

The bill also aims to foster transparency and accountability in the traffic enforcement system for the benefit of motorists and the government.

The Land Transportation Franchising and Regulatory Board, Metro Manila Development Authority, Land Transportation Office, and local government units are all covered by the bill.

According to the bill, any driver of a motor vehicle apprehended by any traffic enforcer may appeal the apprehension before the traffic adjudication board of the traffic enforcement authority to which the traffic enforcer serves within 60 days from the time of the arrest or discovery of the offense.

The driver has the right to seek legal counsel from the Public Attorney's Office and the Integrated Bar of the Philippines, as well as guidance and other forms of support from advocacy groups like the Road Safety Advocates of the Philippines and other non-governmental organizations that have been officially registered with the Securities and Exchange Commission. The driver is also allowed to record or document the apprehension with a photo or video, and to use that as evidence before the traffic adjudication board.

The apprehending traffic enforcement personnel has the burden of proof and must prove to the traffic adjudication board that the driver was properly apprehended.

The driver is entitled to compensation if the apprehending traffic enforcement personnel fails to prove the traffic violation or if the driver properly demonstrates with sufficient evidence that the traffic apprehension was improper and that there was no violation of any traffic laws, rules, or regulations. After dismissing the disputed traffic apprehension, the traffic adjudication board of the concerned traffic enforcement authority shall decide the award of the compensation.

The total compensation is three times the amount as may be computed.

If the driver is employed, the compensation will be equal to their daily wage multiplied by the number of times the driver took leaves from work to appeal the unjust apprehension.

If the driver is unemployed, self-employed, or a business owner, the compensation will be equal to the minimum wage in the area where the driver was apprehended, multiplied by the number of times the driver appeared before the traffic adjudication board to dispute the wrongful apprehension.

If the improper traffic apprehension resulted in the vehicle being impounded, the driver will receive additional compensation, which is equivalent to the daily wage multiplied by the number of wheels of the impounded vehicle and then multiplied by the number of days of the impoundment.

Any traffic enforcement personnel who intentionally or negligently causes an improper traffic apprehension may be subject to administrative cases, and the responsible traffic enforcement authority shall file the appropriate administrative case against the erring personnel in accordance with the applicable civil service laws.

Photo from Metro Manila Development Authority

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