Rights you must know when getting arrested by a traffic enforcer

Rights you must know when getting arrested by a traffic enforcer

The individuals ignoring the traffic rules must answer for their violations. However, that does not mean you should surrender yourself the moment you get arrested by authorities. You must know your rights on the road and arm yourself with proper knowledge of the law. It will surely save you from misfortune and also aid you in driving with more confidence.

arrested by traffic enforcer

Driving license confiscation

Traffic enforcers who stop you for a violation may demand you to present your driver’s license. You should show it to them, but there’s no rule stating that you should surrender your license to them. Displaying the license is the rule but surrendering the same depends on your wish. According to an article, confiscating licenses can only be performed by the Land Transportation Office (LTO) and its deputized officers. You should keep your license away even from village security guards if your regional homeowners’ federation demands it. However, according to RA 7160, LGU units can seize your driving license only if the city possesses its own traffic laws. Having said that, they can not seize your license if you have committed an ordinary traffic violation. Traffic enforcers are allowed to confiscate your driving license only if you are involved in a car accident or have committed a traffic violation before resolving previous ones. So, next time, when an MMDA asks you to surrender your license, recall this right.

Driving license confiscation

A traffic enforcer can take your driving license away if you have three or more unsettled violations and have committed any of the following offences:

  • Permitting another person to drive with your driver’s license
  • Using a taxi meter with a broken seal
  • Driving with a damaged sealing wire
  • Driving with a fake driver’s license
  • Driving on the wrong way
  • Having a fake taxi meter seal
  • Driving with a non-operational taxi meter and charging against the rules
  • Using a flagged up meter in the taxi
  • Transferring of plates/tags/stickers illegally
  • Unauthorized counter-flow
  • Not paying attention to the Organized Bus Route (OBR) interval timers (if you commit this as the 2nd offense)
  • Driving without any driver’s ID
  • Avoiding appointed OBR terminals or any loading bays
  • Exceeding the speed limit
  • Operating a vehicle on a contractual basis
  • Refusing to provide service to the public while driving a Taxis or any Public Utility Vehicles
  • If found tampering the OR/CR/CPC or other spurious documents
    Committing a crime with the aid of a motor vehicle

Traffic checkpoint

It’s close to impossible to evade a Manila traffic checkpoint on the road. Also, you should understand that it’s not a hectic thing to deal with; it’s for our benefit. Philippine National Police has also released a 10-points advisory that can be useful while imposing your rights on a checkpoint.

Traffic checkpoint

Here is the 10-point advisory that can come in handy on a checkpoint:

1. A traffic checkpoint should be easily recognizable, must have all the identifications, should be managed by personnel with a proper uniform and must have enough lightings. You should slow down, turn on your cabin lights and turn off your headlights while passing through a checkpoint

2. You should not step out of your car

3. You must lock the car’s doors

4. Do not allow the traffic enforcer to perform body or physical search

5. According to the law, you do not require to open the car’s trunk and glove box

6. You are required to answer the questions asked by the traffic enforcer

7. You should be alert and take the aid of your rights without getting scared

8. Keep necessary documents ready for inspection such as your car registration and driver’s license

9. Must keep your phone dialer ready in case of any emergency. It is advisable to put a speed-dialer active for the emergency numbers

10. If any enforcer makes any sort of violations, then you must report it right away so that it does not happen to other motorists

driver's right on road

Always remember that you have your own rights while driving on the road. The knowledge of such rights will help you to deal with situations where you will be asked to pay shady fees or surrender your driving license.

Also Read: All about reckless driving and why you should not engage in it

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