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(NAR) VOL. 26 NO. 2/ APRIL - JUNE 2015

[ LTO Memorandum Circular No. AVT-2015-1930, March 30, 2015 ]

GUIDELINES IN THE ENFORCEMENT OF THE NO REGISTRATION, NO TRAVEL OF FOUR WHEELED MOTOR VEHICLES UNDER JOINT ADMINISTRATIVE ORDER NO. 2014-01



Adopted: 30 March 2015
Date Filed: 01 April 2015

Pursuant to JAO No. 2014-01 the following guidelines shall be strictly implemented for the conduct of law enforcement operations of the no registration, no travel policy of this Office against four (4) wheeled motor vehicles:

  1. When making an apprehension, and when performing their duties as such, the LTO Enforcer or LTO Deputized Agent must at all times, wear their official uniform and official ID;
  2. The Enforcer shall stop or flag down 4 wheeled motor vehicles which do not bear LTO issued license plates and/ or the corresponding third plate sticker on the windshield;
  3. Upon flagging down of a motor vehicle, the Enforcer shall approach the motor vehicle and require the driver/motor vehicle owner to present the following:

    a)
    Current Official Receipt (OR);
    b)
    Certificate of Registration (CR), or photocopy thereof;
    c)
    Driver’s License.

  4. If the driver/motor vehicle owner is able to present the OR/CR, the motor vehicle owner shall be charged with the Failure to Attach Authorized Motor Vehicle License Plates under Section II. (e) of the joint Administrative Order (JAO) No. 2014-01, which carries the penalty of fine in the amount of Five Thousand Pesos (Php5,000.00);
  5. The above shall not apply if an application for Special Plates was made by the owner of the motor vehicle, provided that he/she is able to present the LTO official receipt for the payment of such application;
  6. If the driver/motor vehicle is unable to present the OR/CR, the motor vehicle being alleged to be under the process of registration with this Office, the Enforcer shall require instead the presentation of the following:

    a)
    Sales Invoice of the Motor Vehicle, the same being dated within seven days prior to the date of apprehension;
    b)
    Certificate of Cover (COC) of Third Party Liability (TPL) Insurance, the same being dated on or after the issuance of the above Sales Invoice;
    c)
    Certificate of Stock Reported (CSR) as issued by this Office, the same dated on or prior to the issuance of the above Sales Invoice.

  7. If the driver/motor vehicle owner is unable to present any of the above documents and/or under the required dates thereof, or if the Motor Vehicle is being operated beyond the seven days the date of the issuance of the Sales Invoice, the driver/motor vehicle owner and motor vehicle shall be penalized under the JAO 2014-01, as follows:

    a)
    The motor vehicle owner shall be fined the amount of Ten Thousand Pesos (Php10,000.00) penalized under Section II. (a) Driving an Unregistered Motor Vehicle;
    b)
    The driver shall be charged with the payment of fine in the amount of One Thousand Pesos (Php1,000.00), under Section I. (j);
    c)
    The driver shall further be cited with reckless driving as provided under Section I. (e), but the fine of Two Thousand Pesos (Php2,000.00), if the same be his/her first reckless driving offense, shall not be collected or imposed against such driver.
    Such citation merely means that in the event that such driver commits reckless driving in the future, he shall be considered as having committed a second offense thereof, and penalized accordingly.
    For this purpose, the Enforcer shall charge the driver with reckless driving but the same shall be reversed during adjudication to prevent the collection of the penalty on reckless driving, but the same shall remain in the record of the driver;
    d)
    In addition, in case the violation or the operation of the unregistered 4 wheeled motor vehicle has exceeded thirty-seven (37) days (the seven day period for registration plus one (1) month under Section II [a] of the JAO) the 4 wheeled motor vehicle shall be impounded and released only upon its valid registration and payment of the appropriate fines and penalties.

  8. For LTO Enforcers: Submit Daily Apprehension Report (DAR) on the enforcement of the No Registration, No Travel Policy, which should be duly received by the encoding section of either the DO or the Operations Division. Said DAR shall be submitted within twenty four (24) hours (office hours) immediately after any law enforcement activity.
  9. For Encoding Section: All apprehensions submitted in the morning (8:00am-12:00nn) shall be encoded in the afternoon (1:00pm-5:00pm) while those submitted in the afternoon (5:00pm onwards) shall be encoded in the morning (8:00am to 12:00nn) of the following day.
  10. For other deputized agents, all TOPs shall be transmitted within twenty four (24) hours from the date of apprehension to the District Offices or Regional Office which has the geographical area of responsibility (GAOR).
  11. All Enforcers are strictly directed to completely fill-up the TOP, to wit:

    a.
    State all the required data relative to the driver/operator and motor vehicle involved including date, time and place of apprehension;
    b.
    The provision of law violated and/or the specific act or omission, in addition to the violation of the No Registration, No Travel Policy;
    c.
    All other data necessary that may help in the effective and immediate adjudication of the apprehension case.

  12. No erasures/ alterations and cancellation of TOP shall be allowed. Any TOP claimed as lost by the Enforcer, must be accompanied by an Affidavit of Loss and Police and/or Barangay Blotter, without prejudice to his accountability.
  13. Failure to observe the procedures stated above shall result in the nullification of the apprehension and the erring personnel shall be subject to appropriate disciplinary action and/or the revocation of the deputation order, without prejudice to the filing of appropriate criminal complaint/s.

The TOP is an accountable form, the violation of these Guidelines with regard to the accomplishment, reporting/endorsement and encoding of violations cited therein shall be sufficient ground for administrative action. Further, any discrepancy found as a result of a post-audit of the TOPs shall be the personal liability of the Enforcer concerned, without prejudice to any administrative action and criminal case which may be taken against him/her.

For your strict and immediate compliance.

(SGD) ATTY. ALFONSO V. TAN, JR.
Assistant Secretary
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