Traffic Administration and Law Enforcement Presentation

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

TRAFFIC- is the movement of pedestrians and vehicles on the roadway from their points of destination. ADMINISTRATION- stands for: •Planning •Organizing •Staffing •Directing •Coordinating •Reporting •Budgeting

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

5’Es of Traffic 1. Education

- Plan, direct, conduct and evaluate safety

education and public information campaign.

2. Engineering

takes charge all traffic problems with a view to facilitate smooth flow of traffic. -

3. Enforcement - action taken by the police to compel the obedience to traffic laws and ordinances.

4. Enactment

- legislation of laws, rules,

regulations and ordinances related to transport and traffic. 5. Environment - implement and enforce RA 8749 the Clean and Air Act of 1999.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Why do people violate traffic? Some of the reasons why people violate traffic laws are: •Physical disabilities or infirmities; •Ignorance of traffic laws; •Mental disorders; •Lack of training and experience; •Wrong attitudes towards driving, risk taking, enforcement and traffic laws; •Closeness to power which causes them to be habitual violator; and •Drivers of PUV’s for increase compensation or commission.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Why is Philippine Traffic like this? 1. Undisciplined drivers; 2. Lack of discipline of pedestrians and commuters using the roads and public transportation system; 3. The lack of knowledge of road rules and regulations due to laxity and efficiency of the information/education process; 4. Question of volume and space; 5. Ineffective and corruption-ridden traffic law enforcement; 6. Badly planned, designed and constructed roads and streets with no provisions whatsoever for future expansion; 7. No provisions in our laws for compulsory banning the operation and phasing out of old, unroadworthy vehicles.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Traffic Administration in the Philippines is being under taken by a number of agencies of the government sector both civilian and the military organization. The major agencies that work in concert to bring about safety and orderly movement of people and goods of our highways are as follows:

1. Department of Transportation and Communication (DOTC) This department is the primary policy, planning, programming, coordinating, implementing, regulating and administrative entity of the executive branch of the government in the promotion, development, regulation of a dependable and coordinated network of transportation and communication.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Traffic Administration in the Philippines is being under taken by a number of agencies of the government sector both civilian and the military organization. The major agencies that work in concert to bring about safety and orderly movement of people and goods of our highways are as follows:

2. Department of Public Works and Highways (DPWH) This department is charged with the responsibility of management of roads to include the construction, maintenance and repair roads.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Traffic Administration in the Philippines is being under taken by a number of agencies of the government sector both civilian and the military organization. The major agencies that work in concert to bring about safety and orderly movement of people and goods of our highways are as follows:

3. Land Transportation Office (LTO) This agency is responsible for drivers and conductors licensing, motor vehicle registration, including the enforcement of vehicle standards, rules of driving the enforcement of traffic laws, rules and regulations.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Traffic Administration in the Philippines is being under taken by a number of agencies of the government sector both civilian and the military organization. The major agencies that work in concert to bring about safety and orderly movement of people and goods of our highways are as follows:

4. Land Transportation Franchising and Regulatory Board (LTFRB) This agency created under DOTC has a quasi-judicial powers and functions, and connection with its authority to grant franchise and regulations of all public utility motor vehicle including enforcement of the Public Service Law (CA 146).

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Traffic Administration in the Philippines is being under taken by a number of agencies of the government sector both civilian and the military organization. The major agencies that work in concert to bring about safety and orderly movement of people and goods of our highways are as follows:

5. Local Government Units (LGU’s) Some Local Government Units create Traffic Management Authority an office which is designated and authorized to perform traffic engineering, education and enforcement activities.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Future Directions:

LGU and Devolution

More Powers, authority, resources and responsibility

•Power to appoint/remove officials •Power to broaden sources of revenue •Right to proceeds, from national wealth •Right to group, consolidate, coordinate commonly beneficial efforts and resources. Other benefits…. •Improved coordination of national policies and programs •Technical and material assistance from national government

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

REGULATORY FUNCTIONS OF LGU’S (MUNICIPALITY) IN THE ADMINISTRATION OF LOCAL TRAFFIC Par vi. Sub-sec. 3, Sec. 458, Art. Three, Chap. 3 of RA 7160: The Local Government Code of 1991 provides. “ Regulate the use of streets, avenues, alleys, sidewalks, bridges, parks and other public places and approve the construction, improvement, repair and maintenance of the same, establish bus and vehicle stops and terminals or regulate the use of the same by privately-owned vehicles which serve the public; regulate garages and the operation of conveyances for hire; designate stands to be occupied by public vehicles when no is used regulate the putting up of signs, signposts, awning posts on the streets and provide for the lighting, cleaning and sprinkling of streets and public places.”

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

REGULATORY FUNCTIONS OF LGU’S (MUNICIPALITY) IN THE ADMINISTRATION OF LOCAL TRAFFIC Par. Vi, Sub-sec. 5, Sec. 458, Art. Three, Chap. 3 of RA 7160: The Local Government Code of 1991 provides,

“Regulate traffic on all streets and bridges, prohibit the putting up of encroachments or obstacles thereon. And, when necessary in the interest of public welfare, authorize the removal of encroachments and illegal construction in public places.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

REGULATORY FUNCTIONS OF LGU’S (CITY) IN THE ADMINISTRATION OF LOCAL TRAFFIC Par vi, Sub-sec. 3, Sec. 558. Art. Three, Chap. 3 of RA 7160: The Local Government Code of 1991 provides,

“Subject to the guidelines prescribed by the Department of Transportation and Communications, regulate the operation of tricycles and grant franchises for the operation thereof within the territorial jurisdiction of the city”.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

REGULATORY FUNCTIONS OF LGU’S (CITY) IN THE ADMINISTRATION OF LOCAL TRAFFIC Par vi, Sub-sec. 5, Sec. 558. Art. Three, Chap. 3 of RA 7160: The Local Government Code of 1991 provides,

“ Regulate the use of streets, avenues, alleys, sidewalks, bridges, parks and other public places and approve the construction, improvement, repair and maintenance of the same, establish bus and vehicle stops and terminals or regulate the use of the same by privatelyowned vehicles which serve the public; regulate garages and the operation of conveyances for hire; designate stands to be occupied by public vehicles when no is used regulate the putting up of signs, signposts, awning posts on the streets and provide for the lighting, cleaning and sprinkling of streets and public places.”

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

REGULATORY FUNCTIONS OF LGU’S (CITY) IN THE ADMINISTRATION OF LOCAL TRAFFIC Par. Vi, Sub-sec. 5, Sec. 458, Art. Three, Chap. 3 of RA 7160: The Local Government Code of 1991 provides,

“Regulate traffic on all streets and bridges, prohibit the putting up of encroachments or obstacles thereon. And, when necessary in the interest of public welfare, authorize the removal of encroachments and illegal construction in public places”.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Future Direction: Local Development Council

City Mayor All district heads Chair-Committee on Appropriations Congressman or Representative Non Government Organizations

Executive Committee

Secretariat Transport Committee

Sectoral Committees

Others

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Future Direction: Transport Management Unit Traffic Management & Control Board Traffic Management Center Administrative Section

Traffic Management & Operations Section

Transport Planning & Mgmt. Section

Engineering Section

Law Enforcement Section

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

TRAFFIC MANAGEMENT AUTHORITY Refers to the office designated and authorized to perform traffic engineering, education and enforcement activities.

TRAFFIC LAW ENFORCEMENT LINE CHART Chief Assistant Chief

Traffic Supervisor Traffic Detailee Investigation Follow - up Selective Enforcement

Heads the Traffic Division Acts in the absence of the Chief

Supervises the traffic detailee Posted at critical intersections/areas to direct and control traffic Investigate motor vehicle traffic accident Investigate hit and run vehicle traffic accident Assist in operation to help alleviate

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Philippine National Police/Highway Patrol Group (PNP/HPG) The members of the PNP are the primary traffic law enforcers of the land. The PNP through the HPG supports the local PNP and other agencies insofar as traffic and transportation matters are concerned. They are tasked to conduct the following duties and responsibilities: •Traffic law enforcement •Traffic control and direction •Traffic patrol and surveillance •Traffic accident investigation and reporting and •Driver’s education

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Philippine National Police/Highway Patrol Group (PNP/HPG) Sub par. , 4 par D. Sec. 4 of Article 3 of RA 4136 known as the Band Transportation and Traffic Code of the Philippines. The Commissioner of Land Transportation, with the approval of the Secretary of Public Works, Transportation and Communications, may designate as his deputy and agent any employee of the Land Transportation and Commission, or such other government employee as he may deem expedient to assist in carrying out the provisions of this Act.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Philippine National Police/Highway Patrol Group (PNP/HPG) Sub par. , 5 par D. Sec. 4 of Article 3 The Commissioner of Land Transportation and his deputies are hereby authorized to make arrests for violations of the supervisions of this Act in so far as motor vehicles are concerned; to issue subpoena and subpoena duces tecum to compel the appearance of motor vehicle operators and drivers and/or other persons or conductors, and to use all reasonable means within their powers to secure enforcement of the provisions of this Act.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Philippine National Police/Highway Patrol Group (PNP/HPG)

Sub par. , 6 par D. Sec. 4 of Article 3 The Commissioner of Land Transportation and his deputies may at any time examine and inspect any motor vehicle to determine whether such motor vehicle as registered, or is unsightly unsafe, overload, improperly marked or equipped, or otherwise unfit to be operated because of possible excessive damage to highways, bridges and/or culverts.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Philippine National Police/Highway Patrol Group (PNP/HPG) Sub par. , 7 par D. Sec. 4 of Article 3 The Philippine Constabulary and the City and Municipal Police forces are given the authority and the primary responsibility and duty to prevent violations of this Act, and to carry out the Police provisions hereof within their respective jurisdiction: provided that all apprehensions made shall be submitted for final disposition to the Commissioner and his deputies within twenty four hours from the date of apprehension.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Philippine National Police/Highway Patrol Group (PNP/HPG) Sub par. , 8 par D. Sec. 4 of Article 3 All cases involving violations of this Act shall be indorsed immediately by the apprehending officer to the Land Transportation Commission. Where such violations necessitate immediate action, the same shall be endorsed to the traffic court city of municipal court for summary investigation, hearing and disposition, but in all such cases appropriate notices of the apprehensions and the dispositions thereof shall be given to the Commissioner of Land Transportation by the law enforcement agency and the court concerned.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Philippine National Police/Highway Patrol Group (PNP/HPG) Notation of all such disposition shall be entered in the records and a copy shall be mailed to the owner and to the driver concerned.

Sec. 29. Confiscation of driver’s license- law enforcement and peace officers duly designated by the Commissioner shall, in apprehending any driver for violation of this act or any regulations issued thereto, or local traffic rules and regulations, confiscated the license of the driver concerned and issue a receipt prescribed and issued by the Commission therefore which shall authorize the driver to operate a motor vehicle for a period not exceeding seventytwo hours from the time and date of issue of said receipt the period so fixed shall not be extended, and shall become invalid thereafter. Failure of the driver to settled his case within fifteen days from the date of apprehension and revocation of his license.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Philippine National Police/Highway Patrol Group (PNP/HPG) Sec. 58. Duty of Clerks of Court; It is hereby made the duty of Clerks and Court of the First Instance, the City Court of the Municipal Court trying traffic violations cases or certify to the Commission the result of any case, whether criminal or civil, involving violations of any provision of this Act or of other laws and ordinances relating to motor vehicles. Said certificates shall specifically contain the name of the driver or the owner of the vehicle involved, his address, the number of his license and/or of the certificate or registration of his vehicle and the date thereof, and the offense of which he was convicted or acquitted.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Philippine National Police/Highway Patrol Group (PNP/HPG) Sec. 62. No Provincial Board, city or municipal board or council shall enactor enforce any ordinance or resolution in conflict with the provisions of this Act. , or prohibiting any deputy or agent of the Commission to enforce the Act within the respective territorial jurisdiction and the provisions of any charter withstanding. (see: Joint Memo Cr. Of the LTC, NPC, PC, promulgated June 14, 1975 Post P. 106)

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

TRAFFIC LAW ENFORCEMENT DEFINED: Traffic law enforcement is the action by the police or law enforcer and the court to compel obedience to traffic laws and ordinances regulating the use and movement of motor vehicles for the purpose of creating to unlawful behavior by the potential violators. Enforcement of traffic legislation is the area of activity aimed at controlling road user’s behavior by preventive, persuasive, and punitive methods in order to effect the same and efficient movement of traffic.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

EXPECTED OUTCOME OF EFFECTIVE TRAFFIC ADMNISTRATION AND LAW ENFORCEMENT:

Increased safety level Increased traffic efficiency Ensured harmonious relation Ensured comfortable environment

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

EXPECTED OUTCOME OF EFFECTIVE TRAFFIC ADMNISTRATION AND LAW ENFORCEMENT:

Traffic law enforcement is therefore mean to achieve the safe movement of all road users, including pedestrians, and the free flow traffic. It Is interesting that there can be a degree of conflict between these two goals.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Guides in the implementation of any enforcement programme The program should have clear, concise and detailed statement of objectives and how they might be achieved. To achieve the above goals, enforcement activities are pre-assigned on the ff. objectives: • Preventive activities such as preventive patrols. Directing and supervising traffic, investigating accidents and eliminating road hazards. •Persuasive activities such as oral and written warnings and patrols.

•Punitive activities normal deal with adjudication (LTO) persecution/adjudication (court) penalization ; and •Coordinative activities-deal with joint activities with other law enforcement agencies.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

POLICE TRAFFIC ENFORCEMENT Definition- the part of police traffic law enforcement involving arrest, citation or warning of any person has knowledge of this notion and when this to: a) Prevent such violation for endangering persons or property or inconveniencing others users of the traffic way ; b) Prevent continued violation ; and c) Discouraging future repetition

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

POLICE TRAFFIC ENFORCEMENT As traffic law enforcer, you must decide the kind of action you will take in case you have knowledge of any violation. Drivers are more guided more by the enforcement action of traffic law enforcers than by the way law as written. It is therefore important than you should know what to do and be consistent in your actions so that the drivers may know exactly what to expect. Take note that your consistency in the enforcement of traffic laws builds respect and compliance with the law.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Kinds of Enforcement Action A. Arrest - traffic arrest is an enforcement action enforcement action which consists of taking person into custody for the purpose of heading of detaining him to answer a charge of law violation before a court Arrest is made when the: 1. Offense committed is serious 2. Detention is necessary to avoid continued violation; 3. There is reasonable doubt that the violator will not appear in court.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Kinds of Enforcement Action Arrests: a. An arrest can be affected even without the warrant of the offense is committed in the presence of an arresting officer. b. The officer making an arrest must intend to take the violator into the custody for the purpose of bringing him before a court. c. Detention of the arrested person may take place. d. Officer making an arrest must act under legal authority when taking the arrested person into custody. e. The person being arrested must understand that he should be arrested. f. The purpose of arrest Is to bring a suspended violator before a court to answer a charge of law violation.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Kinds of Enforcement Action B. Impounding of motor vehicle - an enforcement action wherein the custody of the motor vehicle or its license plate/s issue taken by the law enforcer. This could be done into different ways. 1. Physical

impounding- an enforcement action wherein the custody of the motor vehicle itself I being confiscated. Before impounding a motor vehicle physically, its accessories should be properly inventoried first so that the driver or operators will not thinks about complaining about one of those accessories are missing afterwards.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Kinds of Enforcement Action

Motor vehicles that need physical impounding are the ff:

•Hot car or carnapped motor vehicle •Dilapidated or running coffins (Sec 16 of RA 4136) •Vehicle containing contraband •Vehicle used in the commission of crimes

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Kinds of Enforcement Action

2. Symbolic impounding - an enforcement action wherein the motor vehicles license plate/s is/are being confiscated.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Kinds of Enforcement Action

Warning- a traffic law enforcement action contemplate possible assessment of penalty by the court or otherwise as a result of warning alone. C.

•Visual warning •Verbal warning •Written warning .

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Kinds of Enforcement Action

D. Issuance of TOP - An enforcement action which

requires the issuance of a temporary operator’s permit in exchange for the license confiscated.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Decision of Enforcement Action Necessity of establishing policies including tolerance. Factors considered: 1. Degree of violation: serious or minor violation 2. Accuracy of use of mechanical or electronic measuring devices 3. Continuous or momentary action- a factor of some type of violations 4. Traffic and weather condition 5. Evidence gathered 6. A new law or not- that latter requires a period of special consideration

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Manner of Apprehension a. Signal the driver to stop- stopping must be done in safety to you, the driver you stopped, to other drivers and pedestrians. Approach is preferably on the driver side from the car. One must be alert for the unexpected. However guns must not be drawn except when there is eminent danger to life of the law enforcers, who, by the way, should operate by groups to avoid any untoward incidents. b. Inform the violator of the violation committed. c. Prepare TOP on the spot to prevent being misinterpreted as for a fix. d. Advice violator where to settle his case.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Apprehension -As an apprehending officer duly designated by the L.T.O. you may confiscate the driver’s license or certificate of registration of a vehicle for any violation of Land Transportation and Traffic Code and its rules and regulations, City and Municipality Ordinance. You should fill up the blank space of TOP forms in order to provide a detailed report of apprehension for the information, guidance and reference of all concerned. You should advice the violator to report within seventy-two (72) hours, but not less than twenty four (24) hours to give allowance for proper transmittal from receipt thereof to.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Apprehension a. LTO Central office for Metro Manila or Regional Office/District Office in the provinces for violation of Land Transportation and Traffic Code. (RA 4136) and its rules and regulations. b. City/Provincial Fiscal, in other chartered cities or provincial capitals without traffic courts, for violators of local traffic ordinances c. Municipal court in its municipalities, for violation of local traffic ordinances.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Preparations of Information/Complaint

within your tour of duty, prepare information or complaint by filing up the TOP for processing of all traffic apprehension at the appropriate offices. -

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Filing of information/complaint

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within twenty four (24) hours from the time of apprehension, file the complaints, together with the confiscated items, with the Clerk of Court, City of Provincial Fiscal or the court having appropriate jurisdiction. When the driver is charged for violating the Land Transportation and Traffic Code or its rules and regulations, the traffic enforcement unit forwards the confiscated license/permit/certificate of registration plus the original copy of the TOP to the Land Transportation Office or its nearest branch office within twenty four hours from the time of apprehension.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Preliminary Finding and Disposition of License

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within seventy two (72) hours or three (3) days from filling of the case with the respective traffic enforcement offices, the hearing authority shall make immediate preliminary findings on the basis of people or complaining the witnesses reports as to whether or not there is an imperative necessity of withholding the driver’s license confiscated. Should there be no such necessity. He shall promptly order the return of the confiscated license of the owner without prejudice to recalling the said license. It becomes necessary to the prosecution of trial of the case. Pursuant to Circular No. 44 dated July 1, 1967 and Circular No. 53 dated August 11, 1970 of the Honorable Secretary of Justice where the violator fails to appear before the court or to investigating offices concerned. His license/permit shall be forwarded to the LTO for its suspension or revocation pursuant to RA 4136.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Records of Court Proceedings

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when the violator appears in court within fifteen days (15) and plead guilty, the clerk shows the fine schedule and the violator pay the fine at the Treasurer’s Office. Receipt of which is shown to Clerk of Court who records the same on the TOP, and his license. If cleared for release, is now returned to the driver. If the violator appears after fifteen days (15) his license is forwarded to the LTO for suspension or revocation . he shows his TOP copy for the LTO proper disposition of his license. Clerks of Court, in every case, should be informed the LTO and/or the apprehending officer of the final disposition of the case. The violator appears in Court and desires not to plead guilty to the charge. The Clerk of Court sets the date of hearing and notifies the accused accordingly and sends a corresponding subpoena to the apprehending officer for the appearance. When the accused is found guilty after the trial, his license, if in possession of the Court or of the LTO, shall immediately be returned to him unless there is any other legal ground for its suspension or revocation.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Police court enforcement process involves five essential steps with the police provides varying responsibilities and influence

a. b. c. d. e.

Detection- wholly law enforcement responsibility Apprehension- wholly law enforcement responsibility Prosecution- police provides influence through evidence Adjudication- law enforcers present evidence Penalization- penalty impose is based on the evidence presented by the law enforcers

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Officer- Violator Relationships A.

The first reminder for an officer in traffic enforcement is to establish pleasant relationship with offending motorists or pedestrian. This may be accomplished by:

1. The appearance of your uniform. Equipment and person which will create the violator’s impression of you. A neat, clean uniform properly worn and well –groomed person will create a good impression.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Officer- Violator Relationships 2. Observance

of the following rules when talking with

the violators:

2.a Get your emotions under control. Don’t appear before him when you are both at the peak of tension or excitement.

2.b Advise the violator the nature of the alleged violation in a manner that he can understand.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Officer- Violator Relationships 2. Observance of the following rules when talking with the violators: 2.c Allow the violator to talk and explain his side. 2.d Don’t argue, berate or threaten the violator. 2.e Be courteous and business-like. You may introduce yourself or the only “ good morning”, “Sir” or “Madam” By using “Sir” or “Madam” you are identified as a gentlemen.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Officer- Violator Relationships 2. Observance of the following rules when talking with the violators:

2.f Request compliance. Use requesting words such as “ May I “ “ Please “ and “ Kindly “ when directing the violator. 2.g Avoid telling the violator what not to do. If you want him to do something, whenever possible, explain why him to do it.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Officer- Violator Relationships 2. Observance

of the following rules when talking with

the violators:

2.h Never open your conversation in a sarcastic or derogatory way. Avoid such opening as: Do you know……… “Who do you think you are?” “Where do you think you are going?” “What’s your hurry?”

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Being alert at all times for the unexpected, approach the violator with these cases 1. Take time to get ready to talk with the violator 2. Know what you are going to do and say 3. Have any equipment you will need such as flashlights, clipboard, or citation pad 4. Review the facts which led you to your stopping the violator before you begin to talk. 5. Decide what enforcement action you are going to take before you approach the violator.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

In requesting for the driver’s license and vehicle registration certificate, observe the following suggested procedures 1. Do not put your head or arms in the car window. 2. While waiting for the license, ask the driver “What is your name, Sir”. 3. Never accept anything other than papers requested. 4. Ask that the papers being requested be removed from the blindfold or other container.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

In requesting for the driver’s license and vehicle registration certificate, observe the following suggested procedures

Have the driver hand the requested papers to you outside the window. 6. Establish the identity of the driver and check the entries of both the license and registration papers for any possible fraud, or false identities or falsifications. 7. Do not return the driver’s license and vehicle registration certificate with you are about to terminate the interview. 5.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

In terminating your contact with the violator observe the following:

1. Explain to the driver what action he must take. 2. Tell him where and when he must appear. 3. Don’t discuss probable bail or probable penalties with the violator. 4. Avoid naughty suggestion that he should engage in the services of counsel or how he should plead.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

In terminating your contact with the violator observe the following: When you are certain the driver understands what he should do, close the interview by: a. Thanking the driver for his cooperation. b. Explaining how he may avoid further difficulty. 6. Help the driver get safely through the traffic. 7. When the violator leaves, don’t follow him immediately. He may feel that you are just waiting to nab him again. Either turn around and patrol in the opposite direction or you may stay where you are for a moment to decide what to do next. 5.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

In terminating your contact with the violator observe the following:

“An officer seldom gets complaints on the violation but usually on the manner he treated the violator.”

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Two objectives in dealing with violator

1. Immediate objective – enforcement action against the driver.

2. Ultimate objective – change his future driving behavior in consonance with the law.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Important points to remember

Violators are vastly different from each other. There are many conflicts in a violator as there are in an officer. Policemen are professional officersthere are no professional violators. Let the violator remember why he was stopped and that a professional officer handled him. Be alert for the unexpected.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Enforcement Related to Accidents

Whenever a law enforcer in the course of a traffic accident investigation discovers evidence of a law violation of any kind, it is his duty to initiate enforcement action the offender or offenders.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Enforcement Related to Accidents

Three Kinds of Offenses: 1. Simple traffic law offenses Ex: Overloading 2. Complete traffic law offenses Ex: Reckless driving 3. Non-traffic offenses Ex: Out of line operations

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Responsibilities of a traffic law enforcer A. Knowledge of the Law *Legal basis for the exercise of authority

R.A. No. 4136- Land Transportation and Traffic Codes of the Philippines C.A. No. 146 - Public Service Law (Law For Hire MV’s) R.A. No. 6539- Anti Carnapping Law R.A. No. 8749- Clean Air Act of 1999 R.A. No. 8750- Seat Belt Law

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Responsibilities of a traffic law enforcer A. Knowledge of the Law *Legal basis for the exercise of authority

R.A. No. 8794- Motor Vehicle User’s Charge DOTC D.O. No. 93-693- Revised schedule of administrative fees and charges of Land Transportation Office. DOTC D.O. No. 2008-39- Revised schedule of LTO fines and penalties for traffic and administrative violations. R.A. No. 10054- Helmet Law Other related laws, PDs, LOIs, AOs, Memos and Circulars.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Responsibilities of a traffic law enforcer B. Performance of duties as LTO enforcer deputized agent 1. Citing violator for correct traffic offense *minimize complaints between enforcer and drivers/operators-less or no complaints from drivers/operators . 2. Completing citation/TOP, including the issuance of TOP in the three(3) minutes at most: *in order not to delay the passengers and avoid the occurrence of traffic jams;

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Responsibilities of a traffic law enforcer B. Performance of duties as LTO enforcer deputized agent

3. Submission of apprehension including DL/MV plates confiscated within 24 hours from the date and time of apprehension for timely retrieval of them. 4. Filing of summary of apprehension and reports made regularly and properly. 5. Never to cancel TOP already filled up. Once filling up of TOP is started, it must issued to erring drivers or operators. TOPs are accountable forms.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Responsibilities of a traffic law enforcer Purposes of Temporary Operator’s Permit(TOP) 1. It serves as a receipt for the confiscation of a license. 2. It serves as a temporary permit to operate MVs for 72 hours without extension from time of confiscation or apprehension. 3. It is an official form of judicial or administrative citation to facilitate action on the case for which is issued. 4. It is a record for disposing a case therein, either administratively or judicially. 5. It is also a receipt for release of the confiscated items for adjudication and termination of the case.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Responsibilities of a traffic law enforcer Guidelines in accomplishing TOP (With Dispatch/Fast/Without necessary Delay/Argument) 1. Mandatory: Complete name and specific address of driver, DL number and plate number. 2. Write and specify the violation(s) on the space provided for using the violation code of RA 4136 and other related laws. 3.Fill up the place of apprehension, date and time. 4. Indicate accident status. 5. Fill up summons commanding the driver to appear at LTO. 6. Sign the TOP on the space provided. 7. Have the TOP signed by the violator expressing conformity to the charges filed against him.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Responsibilities of a traffic law enforcer

C. Manner of Reporting Apprehension Cases

1. Law Enforcers – to report to LTO Central Office or District Office within 24 hours. 2. Apprehended Driver/Operator – to claim within 72 hours

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Responsibilities of a traffic law enforcer

D. Approaching motorists with courtesy

  

Do it in polite and tactful manner. Request compliance. Be courteous but firm.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Responsibilities of a traffic law enforcer

E. Exercise due diligence in the care of deputation paraphernalia issued.

•Issued firearms •Parts of uniform •Deputation ID/order •TOPs

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Responsibilities of a traffic law enforcer

G. Respect for Officials, fellow LEOs and public at large H. Being physically, mentally and fit for the job.

the

spiritually

I. Continuing education while on the job through reading, attendance in seminars, trainings and conferences. J. Exercising professionalism on the job.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Directing/Guiding Traffic a. Definition of Traffic Direction – The part of police traffic supervision that involves telling drivers and pedestrians when, how and where they may not move or stand at a particular place , especially during periods of congestion or in emergencies.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Directing/Guiding Traffic b. Normally Directing Traffic is needed at: Accident scenes Emergencies

Planned special events

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Directing/Guiding Traffic c. Signals and Gestures for directing Traffic When you are assigned to direct traffic, you are expected to indicate to drivers and pedestrians how, when and where they may move. This could be done through hand signals. In order to do this, use a type of sign language which shall be clearly understandable to all persons you will be directing. You should of course use many different kinds of signals for starting, stopping or turning lines of traffic. However, if your signals were to differ from those used by other officers, drivers would probably fail to understand them and ignore you altogether. Therefore, it is important for efficient direction of traffic that the officers use uniform gestures and signals.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Directing/Guiding Traffic c. Signals and Gestures for directing Traffic Moreover, the signals should be able to be seen over a fairly long distance. When directing traffic, you first want drivers and pedestrians to recognize that you are the officer who will tell them what to do. But you also know how to tell them when to stop, go or turn by using gestures alone. To command a traffic situation, stand where they cannot fail to see you. Normally, this is in the center of intersection. Stand as though you mean business. Stand straight with your weight equally distributed to each foot. When you are not signaling, let your hands fall on your sides. When you authorize vehicles to move, do not face them. Stand so that your side is toward the oncoming vehicles.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Duties of an officer conducting traffic 1. Regulate cross flow

2. Control turning movements 3. Coordinate vehicle movements 4. Detour traffic 5. Supervise signal obedience 6. Protect pedestrians 7. Restraints pedestrians 8. Prevent illegal parking 9. Provide for the safety passage of emergency vehicles 10. Assist in people seeking information 11. Handle accidents 12. Carry out general police work within your area according to the policies

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Among the common strategies are: 1. enforcement affected traffic detailee

by

uniformed

2. patrol enforcement by uniformed traffic officers in marked cars and motorcycles 3. safety checks uniformed officers

or

4. eye in the sky patrol

road

block

by

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

How to handle a traffic jam?

Traffic jam is caused by such factors as vehicular accidents, stalled motor vehicle due to engine trouble, absence of traffic officer at an intersection or road construction.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

How to handle a traffic jam? A. Steps to be taken by Traffic Officer in case of traffic jams:

1. Determine the cause of traffic jams. 2. Where traffic jam is caused by vehicular accident, conduct fast, immediate but complete investigation and remove vehicle at the scene of accident.

3. If traffic jam is caused by mechanical trouble, assist motorist to push the vehicle to place where it will not obstruct the flow of traffic.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

How to handle a traffic jam? A. Steps to be taken by Traffic Officer in case of traffic jams:

4. Establish yourself and conduct systematic flow of traffic. 5. Observe if the flow of traffic became smooth, if not refer back to number 1.

6. Implement proper traffic regulation to avoid further traffic jam.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

How to handle a traffic jam? B. Rules to prevent traffic jams 1. Keep opposing lane(s) open. 2. Never overtake on opposing lane(s) in slow or stopped traffic.

3. In a constriction, merge alternate.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

How to handle a traffic jam? C. Traffic Patrol – Consists of driving or walking here and there in an area or to and from a road for the purpose to traffic law enforcement and to provide traffic services to the public.

1. Objectives: •Detecting violations and dangerous driving •Detecting and apprehending violators •Observing and reporting of traffic conditions •Providing certain services to the public handling emergencies and keeping traffic

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

How to handle a traffic jam? 2. Types of Traffic Patrols 2.a. Line Patrol – conducts observation either in moving or stationary observation. 2.b. Area Patrol – conducts observation either by moving patrol or stationary observation in a certain area which included a number of streets, roads or sections of a highway.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

How to handle a traffic jam? 2. Types of Traffic Patrols 2.c. Stationary Observation – observation of traffic conditions of selected place, usually one with unfavorable accident experiences for traffic supervision. Stationary observation may be conspicuous, visible, or concealed, depending upon the location of the patrol unit in relation to the street under observation. 2.d. Conspicuous Observation Stationary observation in which the observer remains in full view of traffic conditions.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

How to handle a traffic jam? 2. Types of Traffic Patrols 2.e. Visible Observation – stationary observation in which the observer is in full view but so located, for example, at side street, so far as to require effort on the part of traffic users to discover the observer. 2.f. Concealed observation – stationary in which the observer is not visible to person using ordinary power of observation from the roadway being observed.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Pursuit a. Decision – type and seriousness of violation is an important

b. Pursuit techniques c. Safety driving

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Road Check 1. Road check is being done to detest or inspect: i. family vehicle equipment ii. registration and licensing violations iii. intoxicated drivers iv. violation of franchise conditions in the case of public utility vehicles

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Road Check 2. Types or Road Checks (check points)

a. physical barriers b. officer-directed road checks

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Road Check 3. Considerations ii. minimum delay to motorists

iii. thorough checking procedure iv. protection and safety of both motorists and law enforcer v. timing, location and frequency

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Traffic Control Traffic control is the control of the movement of the people and goods on the existing road network by means of such devices as signals, signs, and markings in the short term and at a low capital cost in order to achieve safety mobility, good environment and energy conservation.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Traffic Control Objectives of traffic control:

a.

to increase safety level

b.

to increase traffic efficiency and mobility

c.

to ensure harmonious and comfortable environment

d.

to conserve energy

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Traffic Control Elements of traffic control:

a. b. c. d. e. f. g. h. i. j.

speed limit turn regulation U-turn regulation Parking control No standing Stop/yield Channelization Lane use control Reserved lane Bus lane/road

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Traffic Control Elements of traffic control:

k. l. m. n. o. p. q. r. s. t.

reversible lane/road one way vehicle ban vehicle only special routing pedestrian crossing pedestrian precinct pedestrian crossing traffic cell road pricing

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

ELEMENTS – BASIC TECHNIQUES OBECTIVES MATRIX OF TRAFFIC CONTROL Basic Techniques

Safety Mobi Environ Energy lity ment

Simplification

P

S

Segregation

P

S

S

P

S

S

S

P

P

Capacity Increase Restraint Legend:

S

P – PRIMARY CONCERN S – SECONDARY CONCERN

Elements Speed limit, turn, Regulation, Parking Control, Reserved Lane, One way, etc. Stop/Yield, pedestrian crossing, Channelization, Lane use control, etc. Turn regulation, U-turn, Parking control, One – way, Stop/Yield, etc. Bus Lane/Road, Parking control, Vehicle ban, Pedestrian, etc.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

The two key characteristics of a good law enforcement agency ,in fact are highly personal in nature. The INTEGRITY OF THE FORCE AND THE WILLINGNESS OF ITS PERSONNEL TO WORK HARD.

TRAFFIC ADMINISTRATION AND LAW ENFORCEMENT

Remember: “PUBLIC OFFICE IS A PUBLIC TRUST”