TOPIC 4 Flashcards
Driving a MV’s in the Philippines is ________ granted by the Philippine Government
is not a right but it is PRIVELEGE
- No person shall operate any MV without first procuring a license to drive.
DUTY TO PROCURE LICENSE (SEC 19 of RA 4136)
- the authority in the form prescribed by LTO granted to a person to operate MV that is either nonprofessional or professional driver’s license.
DRIVER’S LICENSE
- every and any licensed operator of a motor vehicle.
DRIVER
mandates that a driver’s license may be confiscated for violation of RA 4136, the rules and regulations issued by the Commissioner and of local traffic rules and regulations.
CONFISCATION OF DRIVERS LICENSE (SEC 29 of RA 4136)
When a driver’s license is confiscated for any reason, the traffic enforcer must, however issue a receipt which is called?
TEMPORARY OPERATOR’S PERMIT
- Pursuant to Memorandum Circular No. 515- 2004 dated 25 MAY 2004 , it shall be used in apprehension of all violations and it is strictly required to be issued to apprehend driver/operator at the site and time of apprehension.
TOP (TEMPORARY OPERATOR’S PERMIT)
- issued if the MV is impounded
IRMV (IMPOUNDING RECEIPT OF MOTOR VEHICLE )
TOP (TEMPORARY OPERATOR’S PERMIT) pursuant to ______ - 2004 dated 25 MAY 2004 , it shall be used in apprehension of all violations and it is strictly required to be issued to apprehend driver/operator at the site and time of apprehension.
Memorandum Circular No. 515
-It is accomplished by apprehending officer and validated by the Motor Vehicle Custodian (MVC) assigned at impounding area.
IRMV (IMPOUNDING RECEIPT OF MOTOR VEHICLE )
HOW MANY DAYS THE VALIDITY OF TOP?
-72 hours or 3 days is the validity of the TOP unless specified for a shorter period of time.
IRMV (IMPOUNDING RECEIPT OF MOTOR VEHICLE ) is accomplished by apprehending officer and validated by the _______ assigned at impounding area.
Motor Vehicle Custodian (MVC)
CAN TOP BE TEMPORARILY USED AS A DRIVER’S LISCENCE OF APPREHENDED OPERATOR/ DRIVER?
-YES, TOP serves as driver’s temporary license
CAN TOP BE EXTENDED AFTER 3 DAYS?
NO, there is no extension of TOP after 72 hours or 3 days
WHEN CAN BE APPREHENDED OPERATOR / DRIVER SETTLE HIS CASE?
-within 15 days from the date of apprehension provided the apprehension is reported and encoded in the LTO-IT system.
WHAT WILL HAPPEN IF HE FAILS TO SETTLE HIS CASE WITHIN 15 DAYS FROM THE DATE OF APPREHENSION?
it will cause suspension/ revocation of his driver’s license (suspend up to 6 months to 1 year)
WHERE WILL BE THE APPREHENDED OPERATOR SETTLE HIS CASE? CAN HE SETTLE IT IN ANY LTO REGIONAL /DISTRICT OFFICES?
- The place of settlement of apprehension is indicated in the TOP. Not all apprehended operator/driver is allowed to settle his case in any LTO Regional/District Office. IF he was apprehended within Metro Manila, he will appear at the LTO Traffic Adjudication Service (TAS), Central Office, East Avenue, Quezon City to settle his case. But, if he was apprehended in other LTO Regional/District Offices, he will appear at the concerned LTO Operations Division as specified in his TOP.
HOW DOES THE APPREHENDED OPERATOR DETERMINE THE AMOUNT OF FINES / PENALTIES AS WELL AS THE ACCESORY PENALTIES OF THE VIOLATION INDICATED IN THE TOP?
determined by the Traffic Adjudication Service based on the violations specified in the TOP and through the LTO-IT system.