A PROPOSED ordinance authorizing traffic enforcers in Cebu City to confiscate the driver’s license of motorists who violate traffic rules has been made to undergo more scrutiny.
The Cebu City Council referred the proposal of Councilor Eugenio Gabuya Jr. to the Cebu City Legal Office to ask their legal opinion on the proposal.
Gabuya pointed out that although the proposed ordinance already went through a public hearing, there is still no legal opinion about it.
Under the proposed ordinance, local traffic enforcers or deputized personnel can confiscate drivers’ licenses.
Section 2 of the proposed ordinance states that those caught violating traffic rules will be issued an Ordinance Violation Receipt (OVR) or citation ticket upon the confiscation of his license.
The OVR will then serve as their temporary driver’s license for five days from the issue date.
“Notwithstanding vigorous implementation by appropriate law enforcement agencies of existing traffic laws, there has been an alarming increase in traffic accidents on the highways, thoroughfares, streets and roads of Cebu City caused by motorists perennially violating traffic rules and regulations,” read Gabuya’s proposed ordinance.
This is why, he said, the city needs to be stricter in implementing traffic rules and regulations.
The proposal was included in the City Council’s agenda during their regular session last week supposedly for final deliberation and passage.
But Gabuya opted to refer it to the City Legal Office first.
During a public hearing last March, several groups expressed their opposition to the proposal.
The Land Transportation Office (LTO) 7 said that the proposed ordinance is in conflict with Republic Act 4136 or the Transportation and Traffic Code of the Philippines.
LTO-7 Acting Regional Director Alita Pulga said that under Section 29 of RA 4136, only law enforcement and peace officers duly designated by the LTO commissioner can confiscate the driver’s license of those caught violating traffic rules.
Transport groups like the Pagkakaisa ng mga Samahan ng Tsuper at Opereytor Nationwide (Piston) Cebu said the confiscation of driver’s license will be an added burden for them who only depend on public transportation as livelihood.
Piston-Cebu President Greg Perez also said this can be a source of abuse for some traffic enforcers in the city who might use it for corrupt acts like asking for money.