Transport group protests high fines for road traffic violations

By Aldwin Quitasol

BAGUIO CITY — Members of the militant Pagkakaisang mga samahang Tsuper at Operators Nationwide (Piston) Metro-Baguio slammed the latest joint administrative order that seeks to impose higher penalties against public utility vehicles (PUVs) found to be out-of-line, “colorum” or unlicensed.

They held a “protest caravan” here Friday at the Pacdal Circle in front of the Land Transportation Office denouncing rates and penalties.

JAO 2014-01 was drafted by the Department of Transportation and Communication, Land Transportation Office and Land Transportation Franchising and Regulatory Board

The administrative order stipulated revised fines and penalties for the violation of laws governing land transportation.

It was issued on June 4 and took effect on June 19.

According to earlier pronouncements of Transportation Secretary Jun Abaya to the media, they saw the need for harsher penalties to deter illegal PUV practices and to protect the public because of recent road accidents that claimed numerous lives.

A P1 million fine was imposed by the transportation office on first time “colorum” bus operators for the first offense.

The fine for other first-time colorum offenders are: (1) Trucks – P 200,000; (2) Jeepney – P 50,000; (3) Vans – P 200,000; (4) Sedans – P 120,000; (5) Motorcycles – P 6,000. 

The “colorum” vehicles will be impounded for a minimum period of three months.

The certificate of public convenience (CPC) which “colorum” vehicles have will be subject for revocation, including vehicle registration.

They will also be blacklisted from being used as PUVs in the future.

In the second offense, the entire fleet or all CPCs of the violator will be cancelled and the vehicles will be blacklisted from being used as PUVs in the future.

Their vehicle registrations will also be revoked. The operator and in case of corporations, the stockholders and directors -- will be barred from operating any kind of public land transportation.

The new order also covers other violations such as refusal to render services to the public or to convey passengers to their destination; overcharging; employing reckless, insolent, discourteous, or arrogant drivers; operating PUVs with defective parts and accessories; using tampered taximeters; trip cutting; and others.

Piston-MB President Carlito Wayas said during their picket in front of the regional office DOTC Cordillera they were never consulted before the JAO was issued.

He said there was only one consultation held but stakeholders rejected the idea right there and then.

He said there is nothing wrong in disciplining traffic violators and erring operators.

He said however that the fines are beyond the capacity of small drivers and operators.

He added they are unbearable aside from being unconstitutional.

Wayas added that the JAO instead of being a disciplinary action, may again be an instrument for corruption.

He said the government through  transportation agencies (DOTC, LTO and LTFRB) consider imposing fees and charges as income generation.

The transport leader said the  JAO seems intended to reinforce the earlier LTO Department Order 2008- 39 which also seeks higher fines and penalties.

The Maria Basa Express Jeepney Operators and Drivers Association (MBEJODA), here,  a member organization of Piston-MB petitioned the said order saying fines were exorbitant and unjust for ordinary jeepney drivers.

They questioned the order with the local LTO but it was a department directive and therefore they sought the court in 2009.

On May of 2012, Branch 5 of the Regional Trial Court, First Judicial Region under Judge Antonio M. Esteves on May 3, decided in favor MBEJODA and its president then, Manuel S. Kitan who filed a petition for a permanent writ of preliminary injunction against the said LTO directive.

The same judge denied the motion for reconsideration filed by the LTO on September 2012.

At present, the case is pending at the Supreme Court.

Wayas said the JAO 2014-01 was actually petitioned before the SC. But on Tuesday, the high court rejected a petition for temporary restraining order (TRO) filed by Angat Tsuper Samahan ng mga Tsuper at Operator ng Pilipinas-Genuine Organization (AngatTsuper/Stop & Go).

Wayas said they will not stop opposing the said JAO until it is scrapped.