[ LTO Memorandum Circular No. AVT-2014-1900, December 23, 2014 ]
WORK-AROUND PROCEDURE IN THE PROCESSING OF LETAS TRANSACTIONS RELATIVE TO THE IMPLEMENTATION OF DOTC JOINT ADMINISTRATIVE ORDER NO. 2014-01
Date Filed: 05 January 2015
In compliance with DOTC Joint Administrative Order No. 2014-01 dated 02 June 2014 re: Revised Schedule of Fines and Penalties for Violations of Laws, Rules and Regulations Governing Land Transportation, all concerned officials and employees are hereby directed to implement the following guidelines and procedures effective 05 January 2015, to wit:
- All LTO & deputized law enforcers shall submit within twenty-four (24) hours, of any law enforcement activity to the LETAS Encoding Section (Central Office) and either the District Office (DO) or Operations Division (Regional Office) the following:
- Temporary Operator s Permit (TOP) - the required data must be completely filled up, accurate and readable, i.e., the data relative to the driver/operator and motor vehicle (mv) involved including the date, time and place of apprehension must be specified.
Also, the provision of law violated and/or the specific act or omission shall be clearly indicated.
- Confiscated driver s license (DL)
- Daily Apprehension Report (DAR)
- Temporary Operator s Permit (TOP) - the required data must be completely filled up, accurate and readable, i.e., the data relative to the driver/operator and motor vehicle (mv) involved including the date, time and place of apprehension must be specified.
- The DAR shall be duly received by the Receiving Clerk of the Encoding Section indicating the date and time received.
- All apprehensions submitted from 8:00 a.m. - 12:00 noon shall be encoded in the afternoon while those submitted from 5:00 p.m. onwards shall be encoded in the morning of the following day, i.e., from 8:00 a.m. to 12:00 noon.
- All apprehensions shall be encoded under the Apprehension Data Entry tab.
Violations in connection with franchise shall likewisebe encoded under the Alarm Data Entry tab prior to adjudication.
- In the Alarm Summary the following shall be indicated as:
- TOP Number
- Date of Apprehension
- Violation
Example: Overcharging/Undercharging of fare
(2nd Offense) - MV impounded for thirty (30) days
- Confiscated Item
Example: MV
- Apprehending Officer
- TOP Number
- In the Alarm Summary the following shall be indicated as:
- Violator shall proceed to the Traffic Adjudication Service (TAS), C.O. or either the DO or Operations Division, R.O. for adjudication and/or payment indicating the appropriate fines/penalties shall be issued to the violator.
- Admitted violations shall be immediately processed at the Traffic Adjudication Service (TAS), C.O. or either the DO or Operations Division, R.O.
For all admitted cases, a Resolution shall be automatically issued by the Evaluator/Hearing Officer/Approving Officer to the violator; since it is a requirement to be generated in the current system.
For violations with suspension, a Notice of Suspension of DL / MV Registration shall be generated by the Evaluator/Hearing Officer/Approving Officer.
However, the signatures of the violator and the Evaluator/Hearing Officer/Approving Officer of the TAS (Central Office)/Operations Division (Regional Office) will no longer be required in the said printed Resolution.
Any TOP claimed as lost by the violator must be accompanied by an Affidavit of Loss and Police Blotter.
- For contested cases, a written protest, which may be in the form of a position paper, contesting such apprehension must be filed with the TAS within five (5) days from the date of apprehension.
If the apprehension was made by the Regional Law Enforcement Unit (RLEU) except for the National Capital Region (NCR), the protest shall be filed with the D.O. of the concerned Region or the Operations Division of the Regional Office of the Region itself and the same shall be transmitted to the Operations Division (R.O.) within twenty-four (24) hours from receipt thereof.
If the apprehension was made by Enforcers of the LTO C.O. or of the members of RLEU of NCR, the protest shall be filed directly with the TAS, Central Office for adjudication.
Note:
- Failure to timely file a position paper shall result in the consideration of the apprehension as an admitted case
- Failure to appeal within five (5) days from receipt by the protestant of the TAS Resolution shall make the same final and executory
- Failure to timely file a position paper shall result in the consideration of the apprehension as an admitted case
- All contested cases shall be resolved within five (5) days from receipt of the written protest.
- After the adjudication process, the violator shall proceed to the Cashier for payment of the appropriate fines and penalties.
- For admitted case, the violator shall proceed to the LETAS Releasing Unit for the redemption of the confiscated item/s including impounded mv.
- For violation with accessory penalty, the driver/operator shall comply with the said penalty prior to the release of the confiscated item/s.
- After the accessory penalty has been served/complied, violator shall return to the LETAS Releasing Unit (C.O.) / Operations Division (R.O.), present the OR and other pertinent documents as basis for the release of the confiscated item/s.
Note: Suspension of DL / impoundment of mv shall commence upon payment of fines / penalties
- The LETAS Releasing Unit/Operations Division shall likewise update the status of Alarm and update the REMARKS/SOURCE PAID under OR No. (OR No.) .
- After the accessory penalty has been served/complied, violator shall return to the LETAS Releasing Unit (C.O.) / Operations Division (R.O.), present the OR and other pertinent documents as basis for the release of the confiscated item/s.
All personnel who failed to observe the procedures stated above shall be subject to appropriate disciplinary action under the existing CSC rules and regulations and/or the revocation of the Deputation Order, without prejudice to the filing of appropriate criminal case.
For strict and immediate compliance.
Assistant Secretary