Lesson 5.

1 – Traffic Law Enforcement 2020

LESSON 5.1

TRAFFIC LAW ENFORCEMENT

Concept

Traffic Law Enforcement Defined. Traffic Law

Enforcement action is part of enforcement involving the arrest,
issuance of Temporary Operator's Permit (TOP) or Inspection
Report Summons, or warning of any person who is believed to
have violated a law, ordinance, or regulation pertaining to the use
of traffic roads.

Rationale. Traffic enforcement action may prevent such

violation from endangering persons, property, or inconveniencing
other users of traffic users of traffic roads, prevent continued
violation, or discourage future repetition.

As traffic law enforcer, he must decide the kind of action he

will take in case he has knowledge of any violation. Drivers are
guided more by the enforcement actions of traffic law enforcers
than by the way the law is written. It is therefore important that
traffic enforcers should know what to do and be consistent in their
actions so that drivers may know exactly what to expect.
Further, consistency of traffic enforcers in the enforcement of
traffic laws builds respect and compliance with the law.

A. Scope of traffic law enforcement. The range of action of

traffic law enforcement includes but not limited to the following:

1. The action taken by the police and the court to compel

obedience to traffic laws and ordinances regulating the
movement and use of motor vehicles for the purpose of
creating a deterrent to unlawful behavior by all potential
violators.
2. Enforcement of traffic legislation is an area of activity
aimed at controlling road users, let behavior by preventive
persuasive and punitive methods in order to effect a safe and
efficient traffic movement; and
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3. It applies to all statutes, ordinances and legally authorized

regulations relating to the use of street and highways and
operation of motor vehicles.

B. Two Major Functions of Traffic Law Enforcement. For

more effective traffic law enforcement and more specific roles in
enforcement, the function is divided into the following:

1. Police Traffic Law Enforcement. This function includes

the enforcement of traffic laws deterrent to law violations,
special assistance to prosecutors and courts and incidental
service to highway users. Usually these are the
responsibilities of traffic enforcers like members of the PNP-
TMG and the LTO Law Enforcement Service (LES).
2. Court Traffic Law Enforcement. One part of traffic law
enforcement is performed by the court through
PROSECUTION, ADJUDICATION and PENALIZATION of cases.
These actions are usually undertaken by any of the regular
courts where traffic cases fall under their jurisdiction and the
Traffic Adjudication Service (TAS) of the LTO.

C. Three Important Goals of Enforcement Activities. For

more specific actions, enforcement activities aim:

1. To increase safety level - enforcement effort should be

directed towards the reduction of accidents or minimizing
their effects.
2. To increase traffic efficiency - when traffic violators are
reduced particularly those related to traffic obstruction
through an effective enforcement, there will be free-flow of
traffic.
3. To insure harmonious and comfortable environment
- when there is an increase safety level and increase traffic
efficiency, traveling is more comfortable and luxurious and it
may reduce chaotic situations in the traffic way.

D. Major Elements of Traffic Enforcement System. In the

pursuit of effective traffic enforcement, three elements are
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involved. Removing one of the elements or any of the elements,

enforcement is not complete.

1. Enforcement System. This area consists of legislation,

police and the courts. Legislation defines and specifies
correct or incorrect road user behavior. Police and the courts
are charged with the responsibility of insuring that these laws
are adhered to.
2. Road Users System (Traffic Way User). This element
includes pedestrians, pedal cyclist, drivers, passengers and
others.
3. Road System (Traffic System). This area is composed
of the entire road and vehicle complex, as well as all traffic
rules and regulations.

E. Five (5) Essential Steps in the Enforcement Process.

Enforcement of traffic laws includes the following process:

1. Detection (of violation"). A whole police responsibility

that entails looking for defects in the behavior of motorist,
pedestrians, vehicle, equipment and roadway condition.
Requires knowledge of law on the part of the police.
2. Apprehension. It is also a whole police function which
involves the actual taking of enforcement actions.
3. Prosecution. This area is handled by the prosecution
and partly the court where the police also provide
corresponding influences through preparation and
introduction of evidence or close contact with the prosecuting
officer.
4. Adjudication. While this is obviously a court and
prosecutions’ function, the police provide influence on this
step by acting as witness to the prosecution or supplying
additional evidence. This step determines the guilt or
innocence of the accused.
5. Penalization. The court after due process imposes the
penalty upon the accused if found guilty. The penalty is

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greatly influenced by previous records of conviction as

provided by police. Penalty involved is either fine or
imprisonment or both fine and imprisonment or may result to
the suspension or revocation of the driver’s license of the
accused.

F. Reasons for Violation of Traffic Laws. Road users

violate traffic laws and ordinances due to varying reasons. The
following are the common reasons why road users violate traffic
laws, rules and regulations and other traffic statutes:
1. physical disabilities or infirmities
2. ignorance of traffic
3. lack of training and experience
4. wrong attitude towards driving
5. PUV drivers for increased compensation
6. driver's apathy towards signs, signals and markings
7. influential persons violate because they feel they are
exempted from punishment

G. Considerations that act as deterrents to motorist and

pedestrians. Some road users are hesitant in violating any
traffic law or ordinance because of varying reasons which are
enumerated as follows:
1. fear of fine or punishment
2. loss of driving privilege
3. possibility of being involved in accident
4. positive area of good citizenship doing what is right and
setting an example

H. Kinds of Enforcement Action. When traffic enforcers

detected violation of traffic laws, an enforcement action may be
taken against the individual which is either arrest, or citation, or
warning alone.

1. Traffic Arrest. It is an enforcement action which consists

of taking a person into custody for the purpose of holding or
detaining him to answer a charge of law violation before a
court.
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a. When can a traffic violator be arrested?

(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
b. How is arrest made? In general, arrest is made by any
of the following:
(1) by an actual restraint of the person to be arrested,
or
(2) by his submission to the custody of the person
making the arrest.
c. Use of force in arresting. No violation or unnecessary
force shall be used in making an arrest and the person
arrested shall not be subjected to any greater restraint
than is necessary for his detention.
d. Arrest in Traffic. In arresting a traffic violator, the
traffic officer must consider the following:
(1) An arrest can be effected even without warrant if
the offense is committed in the presence of an
arresting officer.
(2) The officer making an arrest must intend to take
the violator into custody for the purpose of bringing
him before a court.
(3) Detention of the arrested person may take place.
(4) Officer making an arrest must act under legal
authority when taking the arrested person into
custody.
(5) The person being arrested must understand that
he is being arrested.
(6) The purpose of arrest is to bring a suspended
violator before a court to answer a charge of violation.
e. Recording the Data of Arrest. Whichever action is used
by the officer or Agency, the following information are
necessary:
(1) Date/time of Arrest.
(2) Place of Arrest.

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(3) The common name of the offense for which the

person is arrested.
(4) The full name of the arrested person, his home
address, his business address and his telephone
number.
(5) Physical description of the arrestee, including his
date of birth, nationality and marital status.
(6) Name of witnesses to the arrest.
(7) Name and badge number of arresting officer.
f. When taking a person into custody. The arresting
officer when taking a person into custody must consider
the following:
(1) the possibility that the person you are arresting
may attempt to injure or kill you or escape in your
custody.
(2) inform him that you are placing him under arrest.
(3) explain to him why you are placing him under
arrest.
(4) reasonable search may be carried out in
connection with the lawful arrest.
g. When transporting arrested person. The arresting
officer should observe the following guidelines in
transporting arrested person:
(1) If your unit is equipped with radio, request for
transportation unit and maintain custody of your
prisoner until it arrives.
(2) Give instructions to the transporting officer about
the place where the arrestee is to be delivered.
(3) Have the necessary information and instructions
written out so that the transporting officer will not err
in the delivery.
(4) In certain conditions, direct the arrested person to
drive his own vehicle to your Headquarters and follow
him with your police mobile.
(5) However, if the driver is not in good condition or
the vehicle is in bad shape, let someone drive the
vehicle to the Headquarters.

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h. Warrantless Arrest or Citizen’s/Civilian Arrest.

Oftentimes, arrest in traffic is made right after the
commission of the traffic violation. Hence, traffic enforcers
should know the following rules to be observed in arresting
a person without warrant of arrest as stipulated by
paragraphs a-c, Sec. 6, rule 113, Rules of Court:
(1) When in the presence of the arresting officer, the
person to be arrested has committed, is actually
committing, or is about to commit an offense.
(2) When an offense has in fact been committed, and
the arresting officer has personal reasons to believe
that the person to be arrested has committed it.
2. Traffic Citation. This is a means of having violators
appear in court without physical arrest. To ensure that an
apprehended traffic violator will appear to the court or to the
proper authority, the traffic officer should confiscate the
violator’s driver’s license and issue Traffic Citation Ticket
(TCT) in some cities and municipalities, Ordinance Violation
Receipt (OVR) also in some cities and municipalities, United
Ordinance Violation Receipt (UOVR) among LGUs in Metro
Manila, Temporary Operator’s Permit (TOP) in cases of RA
4136 violations, or Traffic Violator’s Receipt (TVR) in cases
under the MMDA.

a. Apprehension. As an apprehending officer duly

designated by the LTO, you should observe the following
when apprehending a traffic violator:
(1) You may confiscate the driver's license or
certificate of registration of the vehicle for any
violation of the RA 4136 and its rules and
regulations, City and Municipal Ordinances.
(2) Fill out the blank spaces of TOP/or TCT forms in
order to provide a detailed report of apprehension for
the information, guidance and reference of all
concerned.
(3) Advise the violator to report within 72 hours, but
not less than 24 hours to give allowance for proper
transmittal from receipt thereof to appropriate offices.

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b. Where should the violator report? The violator should

be advised to report to:
(1) Traffic Court, if in Manila and for violation of the
City's Traffic Ordinance.
(2) City/Provincial Prosecutor, if in other chartered
cities or provincial capitals without traffic courts, for
violations of local traffic ordinances.
(3) Municipal Court, in its municipalities, for violation
of local traffic ordinances.
(4) LTO Central Office (TAS) for Metro Manila or its
counterparts [REGIONAL TRAFFIC ADJUDICATION
SERVICE (RTAS)] for violation of the Land
Transportation and Traffic Code (RA 4136), and its
rules and regulations in the provinces.
c. Uses the TOP, the TCT, and the TVR. These are official
documents designed for various purposes, namely:
(1) It serves as a receipt for the confiscation of a
vehicle or the driver's license or the CR/OR of the
vehicle.
(2) It serves as a temporary permit to operate motor
vehicles for 72 hours without extension from the time
of confiscation or apprehension (in case of TVR in
Manila, 7 days).
(3) It is an official form of judicial or administrative
citation to facilitate action on the case for which it is
issued.
(4) It is a record for disposing a case cited therein
either administratively or judiciary.
(5) It is also a receipt for release of the confiscated
items after adjudication and termination of the case.
d. Preparation of the Information/Complaint. Within your
tour of duty, prepare information or complaint by filling up
the TOP for processing of all traffic apprehensions at the
appropriate office.
e. Filing of Information/Complaint. Within 24 hours from
the time of apprehension, file the complaints, together
with the confiscated items, with the Clerk of Court or
Provincial Prosecutor or the court having appropriate
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jurisdiction as previously stated. Table 3 in the next page

(p169) shows the summary steps followed in traffic
citation. However, police officers sometimes use their
discretion, hence; the standard number of days may vary
as the concerned police officer finds it necessary.

Kinds of Place of Period of Where to Period of What What will

Violation Violation Filling-up Report Reporting should happen?
TOP/TCT (Violator) (Violator) the
/TVR violator
do?
Paid the fine,
RA 4136 NCR within 24 LTO-Main 3 - 5 days Pay the DL is returned.
hours TAS fine or Guilty plea,
plea not Traffic Officer
guilty is summoned.
Provinces within 24 LTO-RTAS 3 days or
- do - outside hours 72 hours - do - - do -
NCR
Traffic Court 3 - 5 days
Local Traffic NCR within 24 (if any)/ - do - - do -
Ordinances hours Prosecutor’s
Office
Chartered Traffic Court 3 days or
- do - cities within 24 (if any)/ 72 hours - do - - do -
outside hours Prosecutor
NCR
Municipa- within 24 Prosecutor/ 3 days or
- do - lities hours Municipal 72 hours - do - - do -
Court

Table 3
Steps in Traffic Citation

f. Preliminary findings and disposition of License. Within

72 hours or three (3) days from the filing of the case with
the respective traffic enforcement offices, the hearing
authority shall make immediate preliminary findings on the
basis of police or complainant’s witness reports as to
whether or not there is an imperative necessity of
withholding the driver's license confiscated.
(1) Should there be no such necessity; he shall
promptly order the return of the confiscated license to
the owner without prejudice to re-calling said license.
(2) Where the violator fails to appear before the court
or the investigating official concerned, his license or
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permit shall be forwarded to the LTO for its suspension

or revocation pursuant to Sec. 29., RA 4136.
g. Records of court proceedings.
(1) When the violator appears in Court 15 days and
pleads guilty, the Clerk shows the fine schedule and
the violators pays 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.
(2) If the violator appears after 15 days, his license is
forwarded to the LTO for suspension or revocation; he
shows his TOP copy to the LTO for proper disposition
of his license. Clerks of Courts, in every case, should
inform the LTO and/or the apprehending officer of the
final disposition of the case.
(3) 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 his appearance.
(4) When the accused is found not guilty after trial, his
license, if in the 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.
3. Traffic Warning. This is an enforcement action which
does not contemplate possible assessment of penalty by the
court or otherwise as a result of warning alone. There are
three types of traffic warning: visual, verbal, and written.
a. Visual Warning. This is usually used when you have
observed a minor violation but are more importantly
occupied at a moment. Indicate by gesture of the hand
and /or of the head.
b. Verbal Warning. This is a form of safety education.
Tell the driver/violator that he violated a law and explain
the hazards of such violations.

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c. Written Warning. This is a combination of verbal

warning and citations. It gives the spirit of verbal warning
and the form of citation. This is seldom used nowadays.

I. Decision Enforcement. In determining what enforcement

action to be taken, whether you arrest, cite or warn the
apprehended violator, consider the following:
1. Degree of violation;
2. Accuracy of observation;
3. Traffic and weather condition;
4. Evidence gathered;
5. Whether a new law or not; and
6. Continuous or momentary actions, a factor in some type of
violations.

J. Pursuit in Traffic Enforcement. Pursuit is a part of routine

enforcement activity performed by police and is used when a
violating driver is detected.

Pursuit is a part of the apprehension of a violator. In

general, a driver who is aware of his violation at your presence
will stop his vehicle when signaled to do so. In this instance,
apprehension is complete and pursuit is not necessary. There are
times, however, when a driver is not aware that he has been
detected in violation and must be pursued until apprehended.
Pursuit and successful apprehension of a violator may require the
operation of your patrol vehicle at high speed for an extended
distance.

1. When to pursue? When a violator fails to stop on signal,

your normal reaction is to pursue the violator until you
apprehend him. However, due to traffic congestion or other
complications, such action is sometimes neither practical nor
safe. In pursuing, observe the following:
a. Pursuit must always be tampered with common sense
and foresight of like hazards.

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b. Better judgment is used in deciding to lose a traffic

violator who can be apprehended at another time than
giving great risk to yourself, your vehicle and other drivers.
c. Pursuit requiring high speed operation of police vehicle
may be justified in certain circumstances such as in the
apprehension of a driver endangering the lives of
motorists, pedestrians, and others through operation which
can be classified as other than reasonable and proper
which is dangerous and negligent.
d. Type of serious violation is an important factor in
deciding to pursue:
(1) Non-hazardous violations. Pursuit to apprehend
this violator seldom warrants a prolonged chase or
operation of your police vehicle at high speed. These
violations do not justify the same degree of risk as
may be justified as hazardous violations.
(2) Hazardous violations. These violations present
continuing danger to other road users that require
immediate and sometime aggressive pursuit.
Examples are:
(a) Driving while under the influence of liquor;
(b) Reckless driving; and
(c) Driving on excessive speed.
e. Consider the following when pursuing hazardous
violators:
(1) A violator of this nature is likely to have little
concern for other drivers at their safety.
(2) Successful flight from identification and
apprehension is usually his only concern.
(3) Be prepared for acts of this type of violator which
could give him an advantage while interfering with
your pursuit and successful apprehension. Like
trying to force you or other motorists off the road.
f. Consider your driving skill and experience. Driving skill
is that collection of proper habits which enable a person to
detect and evaluate road and traffic conditions about him,
and to maneuver his vehicle properly without consciously

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thinking about what he is doing. Check your skill in these

areas:
(1) Manipulative skills - making your vehicle behave as
you intend.
(2) Recognizing road and traffic conditions that may
hinder your pursuit.
(3) Defensive driving - anticipating and allowing bad-
driving by others.
g. Resisting distraction. You should know what evasive
actions will permit you to avoid or escape unfavorable
traffic conditions. A driver can often protect himself from
danger if he knows how to recognize the danger in time
and take proper evasive action.

2. Pursuit Techniques. A successful pursuit operation can

be attained if the pursuing officer knows the following:
a. His limitations and strength in driving a patrol vehicle
under normal conditions.
b. Good driving combined with effective techniques will
help to minimize the dangers involved in pursuit in high
speed.
c. Normal driving skill is not automatically improved by
wearing a police uniform, or by having a police car to
operate.

3. Identification of Pursued Vehicle.

a. When alone, use a clipboard with attached paper and
pencil. Anchor the clipboard by sitting on part of it so that
notes can be written without looking down.
b. Post a list of wanted persons or vehicles on a "hot
sheet" within easy viewing range while in driving position.
The list should be arranged by cases of offense for rapid
identification of violators wanted for more serious offense.
c. Identify the violator's vehicle for later identification,
particularly when pursuit is lengthy, interrupted or
abandoned, or in case you are injured by the violators.
d. The registration plate is very important and accurate
method of establishing identity of a vehicle is also
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important. Train yourself to observe complete license

plate number at a glance.
e. Record the registration number as soon as possible,
and check it against your "hot sheet.” Sometimes
prescribed registration number on a clipboard is the only
clue to the identification of an escaping violator who has
struck or injured an officer.

4. Itemized Identification Features of the Vehicle. For

an effective identification of the pursued vehicle, the officer
must be familiar with the following features:
a. COLOR - For example, red, black, etc. When the
vehicle has more than one color, first give the color of the
body and then the top, i.e., black body, gray top.
b. YEAR OF MANUFACTURE - learn to identify the year
model of a vehicle, i.e., "1996".
c. MAKE - Honda, Toyota, Mitsubishi, Isuzu, etc..
d. BODY TYPE - p-up, wagon, 4dr sedan, truck, etc..
e. LICENSE PLATE NUMBER - city or province of issuance,
letter and number prefixes, i.e., AAA 456
f. OUTSTANDING FEATURES AND ACCESSORIES - "wide-
bank racing stripe,” vinyl top, particular damage which are
noticeable as crumbled fender, damaged door, or cracked
door.
g. UNUSUAL FEATURES OF THE DRIVER OR
PASSENGERS - clothing, air, glasses, etc..

5. Keep Headquarters Advised - through the dispatcher

about the progress of the pursuit operation.
a. It is your duty to apprehend violators as soon as
possible. Radio contact with HQs aids in accomplishing
this objective by alerting other patrol units in the area.
b. While in pursuit, use your radio whenever necessary
and advisable. If forced to abandon pursuit and there is
no radio available, use any nearest telephone.

6. Stopping and approaching a violator. It is completed

when you have stopped the violator's vehicle and move to the
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place where you will begin to talk to the driver. The following
should be observed:
a. In stopping a violator, it must be done in safety to you,
the driver you stopped, to other road users.
b. Approach the violator preferably on the left side from
the rear and be alert for the unexpected.

K. Officer-Violator Relationship. The first reminder for an

officer is to establish PLEASANT RELATIONSHIP with offending
motorists or pedestrians. 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.

2. Observance of the following rules when talking with the

violators:
a. Get your emotions under control. Don't appear before
him when you are both at the peak of tension.
b. Advise the violator the nature of the alleged violation in
a manner that he can fully understand.
c. Allow the violator to talk and explain his side.
d. Be courteous and business-like. You may introduce
yourself or use only "good morning", "Sir" or "Madam.”
e. Request compliance. Use requesting words such as
“May I,” "Please" and "Kindly" when directing the violator.
f. Avoid telling the driver what not to do. If you want him
to do something, whenever possible, explain why you want
him to do it.

3. Never open your conversation in a sarcastic or derogatory

way. Avoid such opening as:
a. Don't you know - - - - - ?
b. Who do you think are?
c. Where do you think you are going?
d. What's your hurry?

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4. Being alert at all times for the unexpected, approach the

violator with these cases:
a. Take time to get ready to talk with the violator.
b. Know what you are going to do and say.
c. Have any equipment you will need such as flashlights,
clipboard, or citation pad.
d. Review the facts which led you to your stopping the
violator before you begin to talk.
e. Decide what enforcement action you are going to take
before you approach the violator.

5. In requesting for the driver’s license or vehicle registration

certificate (CR), observe the following:
a. Do not put your head or arms in the car windows.
b. While waiting for the license, ask the driver, "What is
your name, Sir?”
c. Never accept anything other than the papers
requested.
d. Ask the papers being requested be removed from the
billfold or other container.
e. Have the driver hand the requested papers to you
outside the window.
f. Establish the identity of the driver and check the
entries of both the license and the registration papers for
any possible fraud, or false identities or falsifications.
g. Do not return the driver's license and vehicle
registration certificate until you are about to terminate the
interview.

6. In terminating your contact with the violator -

a. Explain to the driver what action he must take.
b. Tell him when and where he must appear.
c. Don't discuss probable bail penalties with the violator.
d. Avoid any naughty suggestion that he should engage
in the services of a counsel or how he should plead.
e. When you are certain the driver understands what he
should do, close the interview by:
(1) Thanking the driver for his cooperation.
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(2) Explaining how he may avoid further difficulty.

f. Help the driver get safely through the traffic.
g. When the violator leaves, don't follow him immediately.
He may feel that you are just waiting to nab him again.

L. Road Check. This is another enforcement activity which

involves the conducting of actual inspection of vehicles, and
motorists on the road.

1. Objectives of road check. The objective of road check

is to detect and inspect the following:
a. faulty vehicle equipment
b. registration and licensing violations
c. intoxicated drivers
d. the load or cargo of commercial transportation vehicle
for load weight
2. Considerations to be taken.
a. minimum delay to motorist
b. thorough checking procedure
c. protection/safety of both motorist and officers
d. timing, location and frequency
In case thorough checking of vehicles will be conducted, take
note of the legalities of searches or the instances that validates
the search, i.e., search incidental to lawful arrest, consented
search, search of moving vessel, and search by “tips”.

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