Introduction
A license is not a right but a privilege. Do you still remember how difficult it was to get a license? The long queue, the rudeness of the interviewer, the existence of a gap in the LTO system, and so on. Then, when you were granted a license, and you were driving, someone wanted to confiscate your license. This is the question most motorists have, who has the right to confiscate a license?
Who has the right to confiscate driver’s license?
This is the answer, not just anyone can confiscate, but only LTO or deputized officers. This is stated in Republic Act No. 4136. When deputized officers confiscate, you can ask if there is a mission order and deputation ID in their area only, duty hours, and proof that they have the authorized right to confiscate licenses and issue tickets. In my experience, because of the stupidity of the traffic enforcer and it was not my fault, he handed over the ticketing to an LTO deputized, rather than issuing the ticket himself. This is a prohibited technique of traffic officers. Whoever catches you, they should be the one to issue the ticket. Ordinary traffic officers who do not have the right to take licenses, when asked, “The license is mine,” just show the license and do not confiscate it. They only need to see the details of your license to issue the ticket. As for abusive people, those who do not have the right to obtain a license, they can be charged, especially those who pretend to be police officers or LTO enforcers. They can be imprisoned for six (6) months and two (2) days to four (4) years and two (2) months for usurpation of official function.
What are the grounds for a driver’s license to be confiscated?
For those who are asking, what is the basis for confiscating the license, this is it (administrative violations):
- The motorist was in an accident. The police or traffic enforcer needs this for their identification.
- If there are three (3) or more violations that are not settled.
- Allowing someone else to use the license.
- Fake license.
- Illegal use or transfer of license plate or sticker.
- Reckless driving, second offense.
- Overspeeding.
- Driving under the influence of alcohol or drugs.
- Use of a motorcycle in crime.
- Other traffic law violations involving PUV drivers, such as colorum fares, exceeding the set fare, refusing to accept passengers, and so on.
A minimum of two (2) hours seminar at the MMDA or any local traffic academy is required to redeem the license. For those who do not have any violations as mentioned above, a seminar is still required if there are three (3) or more violations that have not been settled.
Conclusion
Remember, if your license is confiscated without a basis, it is not appropriate. If the confiscator is not authorized, do not consent. The authorized confiscator must explain what violation you committed before confiscating. If you do not consent and there is a basis, they have the right to remove your license plate. Also, in a subdivision, it is not appropriate to force you to provide your driver’s license upon entry. The person who does this can be reported and charged. Just provide a different ID.
As Filipino citizens with a license, we have rights. But that does not mean we are entitled, but rather it is a privilege to have a license. So, let’s try to be respectful and calm even if the enforcer does not treat us well. And for the enforcers, do your part to enforce the traffic law in an orderly manner.
