PRESCRIBING THE NO PHYSICAL CONTACT POLICY OF METROPOLITAN MANILA DEVELOPMENT AUTHORITY (MMDA) IN APPREHENDING TRAFFIC VIOLATORS IN METRO MANILA THRU THE USE AND RECORDING OF DI…

WHEREAS, the present system of apprehending traffic violators
sometimes causes traffic build up thereby aggravating the traffic
problem in Metro Manila;

WHEREAS, to provide better services to the motorists and the riding
public, there is a need to introduce some technologies to further
improve and strengthen traffic management and operations in Metro
Manila;

WHEREAS, Republic Act No. 7924 empowers the MMDA to formulate,
coordinate and monitor policies, standards and programs relating to
traffic and transport management to rationalize the existing transport
operations and to administer and implement all traffic enforcement
operations, traffic engineering services, traffic education programs
including the institution of a single ticketing system in Metro Manila;

WHEREAS, Republic Act No. 7160 as amended as well as the City
Charters of the LGUs in Metro Manila empowers the LGUs to regulate
traffic and the use of all streets including the establishment of
vehicle stops and terminals as well as the regulations of its use
including garages and operation of conveyances for hire in their
jurisdiction;

WHEREAS, the Metro Manila Council (MMC) as the policy making body of
the MMDA recognizes the need to improve the system of apprehending
traffic violators by way of prescribing the “No Physical Contact Policy”
in apprehending traffic violators thru the use of digital camera and/or
new technologies used in capturing images;

WHEREAS, the use of digital camera and/or new technologies in
apprehending traffic violators will ensure efficiency in traffic
enforcement and avoid traffic build up in areas where violations are
committed.

NOW THEREFORE, be it resolved as it is hereby resolved, pursuant to
Section 6 of RA 7924, that the Council hereby prescribes the “No
Physical Contact Policy” in apprehending traffic violators in Metro
Manila thru the use of digital camera and/or new technologies used in
capturing images on a trial basis for a period of ninety (90) days:

Section 1. COVERAGE

This Resolution shall cover the apprehensions or citations made by
traffic operatives deployed by the Metropolitan Manila Development
Authority (MMDA) in Metro Manila.

Section 2. REGULATIONS

The following regulations must be observed when implementing the “No Physical Contact Policy”:

2.1 The image of the vehicle violating traffic laws, rules and
regulations shall be recorded or captured thru the use of digital
cameras and/or other technologies. This shall be applied to all
motorists/drivers of vehicles.

2.2 First Notice signed by the TOC Executive Director and the
cameraman who took/ shot the pictures thru the use of digital camera
and/or new technologies shall be issued to the Traffic
Violator/Owner/Operator of the vehicle.

The first notice shall indicate the date, time, location,
traffic violation(s)/infractions committed, the assessed fines/penalties
therefore and a photo-clip of apprehended vehicle.

The notices shall likewise contain a statement that the traffic
violator shall have the right to file a protest before the Traffic
Adjudication Board (TAB) within seven (7) days from receipt thereof and
that failure to file the same within the prescribed period shall be
deemed a waiver of such right and shall be construed as an admission of
the traffic violation(s) cited therein. The TAB shall resolve the case
within seven (7) days from receipt of the contest and its decision shall
be deemed final and executory.

2.3 Payment of fines/penalties shall be made within seven (7)
days upon receipt of the first notice, unless a protest was filed by the
traffic violator as provided for in the preceding paragraph.

2.4 Assessed fines/penalties and all charges indicated in the
first notice shall be paid at any branch of METROBANK unless a protest
is filed before the MMDA Traffic Adjudication Board, in which case, the
fines as finally adjudicated, shall be paid at the Central Office,
Collection Division of the MMDA located at the MMDA Bldg., EDSA cor.
Orense St., Guadalupe, Makati City.

2.5 After the lapse of the 7-day prescription period, there being
no protest filed and the fines/penalties remain unpaid, a final notice
to pay/settle the same shall be issued. If the traffic
violator/owner/operator failed to settle/pay the assessed
fines/penalties from receipt of the final notice, the Driver’s license
number or vehicle license plate number shall be included in the Alarm
list and be reported to the LTO with the request that the registration
of the same shall not be renewed until the penalties or fines are fully
settled.

2.6 Notices shall be sent thru registered mail or courier service either by government or private service provider.

2.7 Traffic violators/owners/operators who refuse to
receive/accept without any valid reason the notice issued to them shall
be deemed to have received the same, hence, shall comply with the above
provisions of pars. 2.3 and 2.5.

Section 3. SEPARABILITY CLAUSE

If any provision of this Resolution is declared unconstitutional or
invalid for any reason, the same shall not affect the validity of the
other provisions.

Section 4. REPEALING CLAUSE

All other issuances contrary or inconsistent hereof are hereby repealed, amended or modified accordingly.

Section 5. EFFECTIVITY

This Resolution shall take effect fifteen (15) days upon its publication in two (2) newspapers of general circulation.

Adopted: 21 Jan. 2009

Approved by the Majority of the Members of the Metro Manila Council during the Regular Council Meeting held on January 21, 2009.