Can Traffic Enforcers Actually Confiscate Your Driver's License?

Many of us in Metro Manila have faced an embarrassing situation when a traffic enforcer, say an MMDA constable, pulls us over on a hapless day. It could mean you violated a traffic rule or road sign. You may have an obligation legally to show the officer your driver's license, insurance and vehicle ownership and identity documents. At the same time, you may have certain rights in such a situation as a responsible motorist. In such a situation more than your rights, can traffic enforcers actually confiscate your driver's license?

Question from Mr. AJM of Muntinlupa City: I was pulled over again today in Mandaluyong City, for an illegal left turn. The traffic officer wanted to hold my driver's license until I paid the fine – as is common practice in Metro Manila.
However, I've been told by friends that it is illegal for traffic officers to confiscate driver's license, as the officer must possess a "mission order" in order to do so (whatever that really means).
I said this to the officer, and he said he doesn't have a mission order. Instead, he showed me some official-looking "rule book" stating that the officer could demand a license for a traffic violation. I asked to photograph his rule book, and he told me that was not allowed because it was an official document.
So the question: Can a traffic officer confiscate my driver's license when issuing a traffic violation, or is there any sort of law that prohibits this?

Well, the answer depends on who the arresting officer is.




What does the law say?

The law that covers all traffic codes is RA 4136 – or the Land Transportation and Traffic Code – which generally states that all drivers must carry their driver’s license at all times when operating a motor vehicle. It says there that in cases of traffic violations, any LTO (Land Transportation Office) agent or anyone duly deputized by the said agency may confiscate your driver’s license.

Clear enough? Now, let's talk about "mission orders."


What is a "mission order" under the MMDA Guidelines?

On the Metropolitan Manila Development Authority (MMDA) website, the agency defined the mission order as that document "which includes (the traffic enforcer's) area of responsibility, time of duty, official function. It also indicates whether or not the enforcer is authorized to issue tickets."

"Apprehended drivers are free to ask for the apprehending officer's mission order," the website confirmed.

It also added that "a driver's license cannot be confiscated by an MMDA traffic enforcer during traffic apprehensions" except on certain situations.

So, if that's the MMDA guideline, what's with the situation mentioned by Mr. AJM of Muntinlupa City? Why was his license confiscated? Was the MMDA website faithful to its contents?

Are the "mission orders" and "non-confiscation of driver's license" even true?


Yes, it's true. But....

Of course, the MMDA website is telling us the truth, otherwise, they won't post these guidelines on the Internet. The problem is: these rules might only apply to MMDA traffic enforcers. They might not work with other traffic units.

Wait, what do you mean "other traffic units"?

I drove around Metro Manila and talked with several traffic enforcers to give me clarifications on the question of Mr. AJM of Muntinlupa City. They all answered in consonance – MMDA is not the only traffic enforcement authority in the metropolis. There are actually four (4) groups.

Surprised?

Aside from (1) MMDA, there's the (2) Philippine National Police District Traffic Enforcement Units (PNP-DTEU) and PNP Highway Patrol Group (PNP-HPG)), (3) the Land Transportation Office (LTO) Flying Squads and (4) the local government unit (LGU) traffic enforcers.

So what's the difference?

Big difference – with a capital B. The three other units aside from MMDA have their own set of rules with regards to apprehending and issuing traffic violation tickets. And they all confiscate driver's licenses, as opposed to MMDA's guideline on non-confiscation of driver's license.

These groups don't have mission orders like what the MMDA have. What they do have are "deputization" orders -- meaning they are deputized and has legal authority to apprehend and issue tickets within their area of jurisdiction. (Remember RA 4136? The part which said, "...any LTO (Land Transportation Office) agent or anyone duly deputized by the said agency may confiscate your driver’s license.")

For example, a Quezon City deputized policeman is authorized to apprehend any time and anywhere within the Quezon City area, as well as the LGU City and Barangay traffic enforcers. And they will confiscate driver's licenses.


But what happens if you don't give up your license?





They said you'll be cited for another violation, which is "Failure to Surrender Driver's License," on top of your initial violation, plus they will detach your license plate from your vehicle (pursuant to Section 74 and 75, MC 89-105). If you won't let them do so, then they will charge you with a much heavier offense which is "Resistance and Disobedience," a criminal offense punishable by the Revised Penal Code. When you are charged with an RPC violation, it means jail time for you.


The question of Mr. AJM of Muntinlupa City explained

I read Mr. AJM's question to an MMDA traffic enforcer and he told me that the enforcer who apprehended the driver – basing on the location in Mandaluyong City where he was apprehended – was not one of their own but is a member of an LGU group, probably an enforcer of the city or of a certain barangay.

He said that's probably the reason why that certain enforcer didn't have a mission order with him and also the reason why the driver's license was confiscated. LGU traffic enforcers are deputized agents of the LTO, thus, in every right is authorized to confiscate a driver's license. The "rule book" he was talking about may be a copy of RA 4136 or may even be a city memorandum copy, the reason why Mr. AJM was not allowed to take its photograph, he added.


Be A Good Citizen

The information I mentioned above were all based on the interviews I took with MMDA personnel, PNP traffic policemen, LGU and Barangay traffic enforcers; and of course, on RA 4136. In case of doubt, however, you still have the option to seek legal advice whenever possible.

One thing's for sure, though: To avoid all of these traffic hassles and stuff, it's always best to just simply try to be a good citizen, follow all traffic laws and get your own copy of RA 4136.

Safe driving, buddies!


Do you have any experiences lately with traffic enforcers worth sharing?
Please submit them in the comment box below.
(Image from MMDA Facebook Page)