Title
LTO Drug Testing Rules for Drivers
Law
Lto Memorandum Circular No. Bgc-mc-99278
Decision Date
May 14, 1999
The LTO Memorandum Circular establishes guidelines for the accreditation and operation of drug testing laboratories for professional driver's license applicants, ensuring road safety by prohibiting those with drug dependencies from obtaining licenses.
A

Q&A (LTO MEMORANDUM CIRCULAR NO. BGC-MC-99278)

The purpose is to ensure road safety in the Philippines by regulating drug testing for professional driver's license applicants, pursuant to directives from the President, AO No. BGC-AO-001, and Republic Act No. 4136 as amended by Batas Pambansa Blg. 398.

The drugs specifically mentioned are Methamphetamine (shabu) and Cannabinoids (marijuana).

A 'Drug-test' is any chemical, biological, or physical instrument analysis administered by a laboratory for determining the presence or absence of a drug or its metabolite.

The classes are: Class A (qualitative and quantitative exams with full instruments), Class B (qualitative and quantitative exams with sophisticated equipment other than GC-MS), Class C (qualitative exams collaborating with A or B labs for confirmation), and Class D (preliminary exams collaborating with A or B labs for confirmation).

The Land Transportation Office (LTO), in coordination with the Dangerous Drugs Board (DDB), handles the accreditation process through a Committee on Accreditation.

Requirements include: Certificate of accreditation from DDB, certification authorizing lab director/physician to conduct tests, medical licenses, training certificates, business permits, tax IDs, income tax returns, specimen signatures, and others as listed in the memorandum.

First offense: administrative fine; second offense: one year suspension; third offense: cancellation of the Accreditation Permit. Violations include submission of anomalous reports, non-compliance with requirements, and misrepresentation.

They shall be penalized and/or denied transactions with the LTO.

Drug test results must be treated confidentially. Laboratory physicians must submit periodic reports to the LTO Central or Regional Offices, specifying the drug tested and whether the result was positive or negative.

The positive sample must be sent to the PNP Crime Laboratory or DDB for confirmation within 15 days. After confirmation, the accredited physician conducts clinical evaluation for appropriate management.


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