Title
Clarification on fines for illegal vehicle operation
Law
Lto Memorandum Circular No. Acl-2009-1193
Decision Date
Jun 19, 2009
Arturo C. Lomibao's memorandum clarifies the imposition of additional fines for the illegal operation of motor vehicles, specifying that fines apply only to actual impoundments and outlining guidelines for enforcement and penalties.

Additional Fine for Impoundment

  • An additional fine ranging from PHP 1,500 to PHP 2,500 per day is imposed based on the following schedule:
    • PHP 1,500 per day for the first offense
    • PHP 2,000 per day for the second offense
    • PHP 2,500 per day for the third offense
  • This additional fine applies only when there is actual or physical impoundment of the motor vehicle.
  • The fine does not apply to "technical impoundment," which involves only the taking custody of the license plates.

Applicability to Specific Violations

  • The additional fines apply exclusively to cases involving "out of line operations" and the operation of "colorum motor vehicles."
  • These fines are imposed on owners or operators found guilty of these specific violations.
  • Other violations that might carry impoundment as an accessory penalty are not subject to the additional fines.

Commencement of Fine Imposition Period

  • The counting of impoundment days for the purpose of fines starts on the date of encoding.
  • The encoding must be done within 72 hours from the date of apprehension.
  • The 72-hour period refers strictly to working days; Saturdays, Sundays, and holidays are excluded from this timeframe.

Enforcement and Accessory Penalties

  • Suspension penalties imposed on both owners and drivers are to be strictly enforced alongside the fines.
  • No lifting of suspension for registration documents or driver’s license is allowed until the full suspension period has been served.
  • Release of impounded motor vehicles or licensed plates (in case of technical impoundment) is prohibited until compliance with suspension penalties is confirmed.

Implementation and Administrative Instructions

  • The STRADCOM is ordered to adjust the LETAS system to enable effective enforcement of the circular.
  • Any prior memoranda or circulars inconsistent with this directive are considered superseded or modified accordingly.
  • The circular took effect immediately upon issuance on June 19, 2009.

Summary of Legal Concepts and Penalties

  • Emphasizes strict adherence to rules on vehicle impoundment fines and suspensions for prohibited operations.
  • Differentiates between physical impoundment and technical impoundment in imposing additional fines.
  • Clarifies that additional fines apply only to specific offenses affecting vehicle operation legality.
  • Establishes procedural timelines for administrative processing of fines and encoded records.
  • Ensures that suspension penalties are enforced as a condition precedent to vehicle or plate release.
  • Seeks uniformity in penalties and enforcement through updated administrative systems and rules.

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