Authority and governing administrative framework
- The Memorandum Circular is issued by the Land Transportation Office (LTO) through its Assistant Secretary.
- JAO No. 2014-01 governs the substantive violations and penalties applied through the Memorandum Circular’s enforcement mechanics.
- The Memorandum Circular binds LTO Enforcers and LTO Deputized Agents conducting apprehensions under the no registration, no travel policy.
- Enforcement is carried out using an accountable form called the TOP.
Policy focus: No registration, no travel
- LTO enforces no registration, no travel against four (4) wheeled motor vehicles.
- The enforcement starts when a vehicle is stopped for not bearing LTO-issued license plates and/or the corresponding third plate sticker on the windshield.
- The enforcement proceeds through document verification and charging penalties tied to JAO No. 2014-01 provisions.
- The enforcement includes reporting, encoding, and accountable-form completion requirements.
Required conduct during apprehension
- Every LTO Enforcer or LTO Deputized Agent must always wear the official uniform and official ID when making an apprehension and performing official duties.
- An Enforcer must stop or flag down a four (4) wheeled motor vehicle that does not bear LTO-issued license plates and/or the corresponding third plate sticker on the windshield.
Document presentation and charging rules
- Upon flagging down, the Enforcer must approach and require the driver/motor vehicle owner to present a set of documents.
- If the driver/motor vehicle owner presents the required documents, the owner must be charged under the Failure to Attach Authorized Motor Vehicle License Plates provision in Section II (e) of JAO No. 2014-01 with a penalty of PHP 5,000.
- The obligation to apply the Failure to Attach Authorized Motor Vehicle License Plates charge is not imposed if the owner has applied for Special Plates and can present the LTO official receipt for payment of that application.
- If the driver/motor vehicle owner cannot present OR/CR, the Enforcer must require substitute documents to show the vehicle is undergoing registration.
Substitute documents for vehicles “under process”
- When OR/CR cannot be presented because the vehicle is alleged to be under registration, the owner/driver must present:
- Sales Invoice of the motor vehicle, dated within seven (7) days prior to the date of apprehension;
- Certificate of Cover (COC) of Third Party Liability (TPL) Insurance, dated on or after the issuance of the Sales Invoice;
- Certificate of Stock Reported (CSR) as issued by LTO, dated on or prior to the issuance of the Sales Invoice.
- If required documents are missing and/or not within the required dates, the driver and owner must be penalized under JAO 2014-01, applying the specific fine rules below.
Penalties when documents are lacking or dates exceeded
- If the required documents are not presented or are outside the required dates, the motor vehicle owner must be fined PHP 10,000 under Section II (a) Driving an Unregistered Motor Vehicle.
- In the same circumstance, the driver must be charged a fine of PHP 1,000 under Section I (j).
- The driver must be cited with reckless driving under Section I (e), but the fine of PHP 2,000 applies only if it is the driver’s first reckless driving offense and that fine shall not be collected or imposed on that occasion.
- The reckless driving citation is recorded even if not collected at the time of adjudication, so that if the driver commits reckless driving in the future, the driver is treated as having a second offense and is penalized accordingly.
Impoundment trigger and release condition
- If the violation or operation of the unregistered four-wheeled motor vehicle exceeds thirty-seven (37) days—computed as the seven (7) day period for registration plus one (1) month under Section II (a) of JAO 2014-01—the four-wheeled motor vehicle must be impounded.
- The impounded vehicle must be released only upon valid registration and payment of the appropriate fines and penalties.
Reporting, encoding, and TOP completion
- For LTO Enforcers, a Daily Apprehension Report (DAR) on enforcement of the No Registration, No Travel Policy must be submitted and must be duly received by the encoding section of either the DO or the Operations Division.
- For LTO Enforcers, the DAR must be submitted within twenty four (24) hours (office hours) immediately after any law enforcement activity.
- For encoding:
- Apprehensions submitted in the morning (8:00am–12:00nn) must be encoded in the afternoon (1:00pm–5:00pm).
- Apprehensions submitted in the afternoon (5:00pm onwards) must be encoded in the morning (8:00am–12:00nn) of the following day.
- For other deputized agents, all TOPs must be transmitted within twenty four (24) hours from the date of apprehension to the District Offices or Regional Office having GAOR (geographical area of responsibility).
- Enforcers are strictly directed to completely fill-up the TOP, including:
- All required data for the driver/operator and motor vehicle, including date, time, and place of apprehension;
- The provision of law violated and/or the specific act or omission in addition to the no registration, no travel policy violation;
- All other data necessary to support effective and immediate adjudication.
Prohibitions on TOP alterations; accountability
- No erasures/alterations and cancellation of TOP are allowed.
- If a TOP is claimed lost by the Enforcer, it must be accompanied by an Affidavit of Loss and Police and/or Barangay Blotter, without prejudice to Enforcer accountability.
- Failure to observe the required procedures results in nullification of the apprehension.
- The erring personnel are subject to appropriate disciplinary action and/or revocation of the deputation order, without prejudice to the filing of appropriate criminal complaints.
- The TOP is an accountable form; violations of the guidelines on accomplishment, reporting/endorsement, and encoding of violations cited are sufficient ground for administrative action.
- Discrepancies found in a post-audit of TOPs create personal liability for the concerned Enforcer, without prejudice to any administrative action and criminal case.
Final directive
- The Memorandum Circular mandates strict and immediate compliance by all concerned personnel for enforcement operations under the no registration, no travel policy.