Title
MM Commission powers over traffic control
Law
Presidential Decree No. 1605
Decision Date
Nov 21, 1978
Presidential Decree No. 1605 grants the Metropolitan Manila Commission powers to manage and control traffic in Metropolitan Manila, including imposing fines and penalties for traffic violations, collecting fines for stalled vehicles, and implementing graduated fines for repeat offenses.
A

Creation of Metropolitan Manila traffic authority

  • Section 1 empowers the Metropolitan Manila Commission to impose fines and otherwise discipline drivers and operators of motor vehicles for violations of traffic laws, ordinances, rules and regulations in Metropolitan Manila.
  • Section 1 transfers to the Metropolitan Manila Commission the powers of the Land Transportation Commission and the Board of Transportation over traffic violations and punishment thereof, for violations within Metropolitan Manila.
  • Section 1 authorizes the Metropolitan Manila Commission or its representatives to suspend or revoke a driver’s license or certificate of public convenience when the proper penalty is suspension or revocation.
  • Section 1 requires that the suspended or revoked driver’s license or the report of suspension or revocation of the certificate of public convenience be sent to the Land Transportation Commission or the Board of Transportation for their records update.

Policies and purpose: reduce congestion

  • The Decree requires greater Metropolitan Manila Commission authority to rationalize the use of roads, streets, and thoroughfares in Metropolitan Manila.
  • The Decree declares an imperative need for an efficient traffic management system focused on traffic violations to ease the traffic problem.

Fines and towing rules for stalled vehicles

  • Section 2 requires operators of public utility motor vehicles and owners of private motor vehicles (and their attachments, if any) that stall on public roads, streets or thoroughfares in Metropolitan Manila to pay a fine of PHP 200 to the Metropolitan Manila Commission.
  • Payment in Section 2 is made through the city or municipal treasurer of the locality where the vehicles stalled.
  • Section 2 requires the treasurer to allocate portions of the fine to local government units of Metropolitan Manila for use exclusively for traffic management and control activities in that local government.
  • Section 2 imposes an additional towing fee for vehicles towed by traffic enforcement agencies, in amounts determined by the Commission, paid to the treasurer of the city or municipality where the vehicles are impounded.
  • Section 2 empowers the Metropolitan Manila Commission to prescribe penalties and surcharges, and the manner of impounding and disposition of stalled motor vehicles and their attachments, and other related matters, for effective implementation.

Graduated penalties by number of violations

  • Section 3 provides that violations of traffic laws, ordinances, rules and regulations committed within a twelve-month period, reckoned from the date of birth of the licensee, subject the violator to graduated fines and license sanctions.
  • Section 3 sets the graduated schedule as follows:
    • PHP 10 for the first offense
    • PHP 20 for the second offense
    • PHP 50 for the third offense
    • one-year suspension of driver’s license for the fourth offense
    • revocation of the driver’s license for the fifth offense
  • Section 3 authorizes the Metropolitan Manila Commission to impose higher penalties for violations of its ordinances prohibiting or regulating the use of certain public roads, streets or thoroughfares in Metropolitan Manila.
  • Section 3 states that if death, physical injury, or damage to property results from the violation, payment of the stated fine does not relieve the offender from any civil as well as criminal liability arising from the death, physical injury, or damage to property.

How fines are collected and funded

  • Section 4 requires that fines imposed by the Metropolitan Manila Commission for traffic violations if uncontested be paid to either the city or municipal treasurer of the locality where the offense occurred or to the Philippine National Bank or the Philippine Veterans Bank and their branches.
  • Section 4 requires the treasurers and banks to immediately transfer all collections to the Metropolitan Manila Commission.
  • Section 4 requires the Metropolitan Manila Commission to hold the fund and allocate it for use exclusively for traffic management and control activities in Metropolitan Manila.

Citations, license handling, and enforcement steps

  • Section 5 prohibits confiscation of the driver’s license for traffic violations under this Decree.
  • Section 5 requires immediate issuance of a traffic citation ticket prescribed by the Metropolitan Manila Commission stating:
    • the violation committed
    • the amount of fine imposed
    • advice that payment can be made to the city or municipal treasurer or to the Philippine National Bank or Philippine Veterans Bank and their branches within seven days from the date of issuance.
  • Section 5 requires that if the offender fails to pay within the prescribed period, the Metropolitan Manila Commission or the law-enforcement agency concerned shall endorse the case to the proper fiscal for proceedings preparatory to filing with the competent traffic court or city or municipal court.
  • Section 5 provides that if a driver renews a driver’s license and records show an unpaid fine, the driver’s license shall not be renewed until the fine and corresponding surcharges are paid.

Enforcement assistance and implementing rules

  • Section 6 requires the PC METROCOM, the Metropolitan Police Force, and the Constabulary Highway Patrol Group to assist the Metropolitan Manila Commission in enforcing and carrying out the Decree.
  • Section 7 requires the Metropolitan Manila Commission to promulgate rules and regulations necessary for proper and effective implementation.

Repeal, modification, and nationwide timing effects

  • Section 8 provides that, for Metropolitan Manila, all laws, decrees, orders, ordinances, rules and regulations, or parts thereof inconsistent with the Decree are repealed or modified accordingly.
  • Section 9 mandates immediate effect from November 21, 1978 (date of issuance), without a publication period requirement stated in the Decree.

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