Title
LTO Rules on Traffic Adjudication Process
Law
Lto Memorandum Circular No. Avt-2015-1923
Decision Date
Mar 18, 2015
LTO Memorandum Circular No. AVT-2015-1923 establishes strict guidelines for the adjudication of traffic violations, requiring timely written protests, expeditious resolutions by the Traffic Adjudication Service, and clear procedures for the release of confiscated licenses and vehicles.
administrative law
adjudication process
traffic law
A

Assignment and Adjudication of Cases

  • Administrative/Records Officer of TAS conducts raffle to assign contested cases to hearing officers.
  • Hearing officers are responsible for immediate resolution.

Appeals Process

  • From receipt of TAS resolution, party may appeal to LTO Assistant Secretary within ten (10) days with complete case records.
  • Decision of Assistant Secretary may be appealed to Secretary of the Department of Transportation and Communications (DOTC) within ten (10) days.
  • Assistant Secretary must transmit all records to DOTC Secretary upon appeal.

Prohibited Pleadings in TAS

  • Only Position Papers/Written Protests are accepted.
  • The following motions are not given due course:
    • Motion to extend validity of Temporary Operator’s Permit (TOP);
    • Motion for bill of particulars;
    • Motion to lift/shorten suspensions of license, plates, official receipts, or registration certificates;
    • Motion to reduce fines;
    • Motion to release confiscated plates, official receipt, or registration certificates prior to defect correction.

Release of Confiscated Driver’s License

  • Requirements prior to release:
    • Copy of TAS Resolution or Official Receipt (if admitted);
    • Pink or driver’s copy of TOP;
    • Identification documents of claimant;
    • Proof of fine payment (if applicable);
    • Other documents stated in resolution.

Release of Confiscated/Impounded Items and Motor Vehicles

  • Only release order from court, prosecutor, or TAS resolution authorizes release.
  • Requirements to release impounded motor vehicle via TAS resolution:
    • Copy of TAS resolution;
    • Original Impound Receipt of Motor Vehicle (IRMV);
    • Copies of Certificate of Registration (CR) and updated Official Receipt (OR);
    • Payment of fines (if applicable);
    • LTFRB Franchise Verification (when required);
    • Stencil of motor and chassis numbers;
    • Additional documents as per resolution.
  • Vehicles used in crimes or found carnapped require court/prosecutor order for release.
  • Illegal items found during apprehension must be reported immediately; vehicle and items remain in LTO custody until turned over to authorities.
  • Removal of illegal items by enforcers leads to administrative and criminal liability.
  • Similar rules apply where a living person is found inside a vehicle.
  • Vehicles under suspension remain in custody until judicial or prosecutorial order.
  • Unauthorized release by LTO officers leads to administrative liabilities and possible criminal complaints.

Qualifications and Disqualification of Hearing Officers

  • Hearing Officers must be:
    • Permanent LTO employees;
    • College graduates of a four (4) year course;
    • At least salary grade 15;
    • Have at least 2 years law enforcement or adjudication experience at LTO (waived if a full-fledged lawyer);
    • Designated in writing by TAS Central Office Director or Regional Director with LTO Assistant Secretary approval.
  • Disqualification grounds:
    • Officer or relative within 4th degree of kinship interested in case outcome;
    • Apprehending enforcer cannot adjudicate own case;
    • Voluntary inhibition for just and valid reasons.

Handling of Multiple Violations and Detained Drivers

  • When multiple violations are cited on the same ticket, penalty for the highest violation is imposed.
  • Apprehended drivers detained for criminal offenses do not have extension for filing protest; statements submitted may be admitted if furnished to TAS.
  • Resolutions should be communicated to detained drivers.

Legal Provisions on License Confiscation and Receipt Issuance

  • Law enforcement and deputized agents must confiscate driver’s license upon any traffic violation and issue an official receipt allowing operation for up to 72 hours.
  • The 72-hour receipt validity cannot be extended and becomes invalid after expiration.
  • Non-settlement of cases within fifteen (15) days of apprehension may result in suspension or revocation of license.

Enforcement and Compliance

  • Strict implementation of these guidelines is mandated to enhance law enforcement and ensure adjudication integrity.
  • Administrative and criminal liability attaches to violations of these guidelines by LTO officers or enforcers.

These guidelines collectively regulate the processing, adjudication, appeal, and enforcement concerning traffic violation apprehensions as prescribed under Joint Administrative Order No. 2014-01, ensuring due process, accountability, and consistent enforcement by the Land Transportation Office and related agencies.


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