Revised Guidelines in the Deputation of LTO Regulation Officers

September 13, 2017

LTO MEMORANDUM CIRCULAR NO. 2017-2112

 

I. AUTHORITY TO DEPUTIZE TRANSPORTATION REGULATION OFFICER

The authority to deputize LTO Transportation Regulation Officers (law enforcers) primarily rest with the Assistant Secretary. The said authority is hereby delegated to all Regional Directors limited within their respective regions.

II. DEPUTATION EVALUATION COMMITTEE

a. There shall be Deputation Evaluation Committee (DEC) created that is the lone body which shall recommend for the approval of the Assistant Secretary or the Regional Director applicants for Deputation of LTO Transportation Regulation Officers. The DEC shall be assisted by a Secretariat, who shall not have voting powers, and shall be identified by the LES Director in the Central Office and the Regional Director in the Regional Offices. AScHCD

b. The Central Office DEC which shall be headed by the LES Director is directed and tasked to ensure the nationwide strict implementation of these guidelines.

c. The Regional Director, who had been delegated with the power to deputize LTO Regulation Officers within their office's jurisdiction, is hereby directed to create a regional level Deputation Evaluation Committee to be headed by the Assistant Regional Director.

d. The Central and Regional DEC shall be tasked to evaluate the qualifications of applicants and to supervise the administration of seminar/orientation on the enforcement of transportation and traffic laws. Regional DEC shall be responsible for submission of Deputation Reports to the Central Office DEC.

e. No person may be deputized by the Assistant Secretary or by the Regional Director without having been recommended by the DEC. Any person who has been disqualified or disallowed and/or not recommended by the DEC may not appeal such denial/disqualification provided the same was rendered by the DEC with cause. The name of the applicant that was disqualified shall be furnished to the Central DEC and circulated to all Regional DEC's.

COMPOSITION OF DEPUTATION EVALUATION COMMITTEE

CENTRAL OFFICE	REGIONAL OFFICE
LES Director	Assistant Regional Director
TAS Director	Chief of Regional Operations
Chief FED	Chief of the Administrative Division
Chief TSD	Regional Office Legal Officer
Chief IID	Member — District Head to be assigned by the Regional Director
Secretariat (to be designated by the LES-Director)	Secretariat (to be designated by the Assistant Regional Director)

FUNCTIONS OF CENTRAL OFFICE DEPUTATION EVALUATION COMMITTEE

A. PLANNING	Formulate an overall program to sustain a professionalized, efficient and effective pool of deputized agents
	Prepares and prioritizes nationwide action plans to implement programs for the achievement of skills and knowledge Deputized Transportation Regulation Officers
	Prepares a prescribed uniform for all LTO organic and deputized agents in cooperation with the Accouterment Committee
B. ORGANIZING	In coordination with the concerned regional assist in setting-up the regional committee/Point persons in each Region
	Implement an effective records management of documents received from the Regions
	Identify and train a pool of Speakers at the Central Office and in the Regions that shall be responsible in conducting trainings
	Sets-up a systematic listing of all Deputized Agents
	Monitor the systematic listing and distribution of all accountable forms
C. DEPUTIZED TRANSPORTATION REGULATION OFFICER'S CONTINUING EDUCATION	In coordination with the Traffic Safety Division, prepares a systematic, holistic and graduated module or program of instruction for Transportation Regulation Officers Schedules, conducts and monitors training of Transportation Regulation Officers
D. MONITORING AND EVALUATION	Monitors the training program of the deputized agents
	Monitors and assesses the performance of the deputized agents
	Monitors the availability of accountable forms
	Receives/evaluates commendations/complaints against the deputized agents
E. COORDINATION	Coordinates with Regional Directors
	Sets-up linkages with other Law Enforcement Officers of the Government

FUNCTIONS OF REGIONAL OFFICE DEPUTATION EVALUATION COMMITTEE

A. PLANNING	Formulates an overall program to sustain a professionalized, efficient and effective pool of deputized agents in the Region
	Prepares and prioritizes action plans in the Region
B. ORGANIZING	Organizes the Regional Committee to equally and equitably handle the task
	Sets-up the sub-committee/recommends to the Central Office DEC Point persons in their Region
	Organizes all documents received from the Central Office DEC and consolidate reports to be forwarded at the Central Office DEC
	Organizes a pool of Speakers that shall conduct trainings in the Region
	Sets-up a systematic listing of all Regional Deputized Agents
	Sets-up an Office at the Office of the Assistant Regional Director
	Sets-up a systematic listing and distribution of all accountable forms
C. DEPUTIZED TRANSPORTATION REGULATION OFFICER'S CONTINUING EDUCATION	Schedules, conducts and monitors training of all regional deputized agents
D. MONITORING AND EVALUATION	Monitors and assesses the performance of the regional deputized agents
	Monitors the accountable forms
	Receives/evaluates commendations/complaints against the regional deputized agents
E. COORDINATION	Coordinates with the Regional Director, TSD and the Central Office DC
	Sets-up linkages with other law Enforcement Officers of the Government in the Regions

III. DEPUTIZED TRANSPORTATION REGULATION OFFICERS

a. Mandatory Qualifications of Deputized Transportation Regulation Officers

1. Government employees who are occupying regular position items and whose work is directly and actually related to transportation and traffic law enforcement.

2. Applicants from the AFP, PNP-HPG, LGU, DPWH and DENR, whose duties in their present assignment is directly and actually related to transportation and traffic law enforcement. AcICHD

3. Contract of Service Personnel of the Land Transportation Office whose statement of duties and responsibilities is to enforce land transportation laws and regulations. The contract of the personnel must expressly provide that in cases of termination of contract, the personnel shall surrender all government supplies and properties and shall be obligated to face any/all charges that may be filed relative to his functions.

4. Employees of controlled access highways/roads (toll roads) assigned to enforce land transportation/traffic laws rules and regulations may only be deputized upon recommendation of the Central Office DEC and approval of the Assistant Secretary.

5. The permanent LTO personnel whose work is directly and actually related to transportation/traffic law enforcement need not be deputized in order to perform the functions, however, the employee shall undergo the seminar/training and examination before performing the duties of Transportation Regulation Officer.

b. Documentary Requirements before undergoing Training for Deputation

1. Certified True Copy of Certificate Employment/Appointment; Job Order (Contract of Service);

2. Endorsement from the Head of Office/Agency;

3. Two 2" by 2" photos, signed at the back;

4. Certificate of no pending case (administrative and/or criminal) signed by the Head of Office; and

5. Clearance from Law Enforcement Agencies (i.e.,PNP, NBI)

c. Training of Applicants

1. The training seminar shall be conducted by the Traffic Safety Division (TSD) under the supervision of the Central Office DEC. TSD shall conduct Trainor's Seminars for personnel in the regions and the latter will conduct deputation seminars in their respective regions.

2. The Central and Regional DEC shall ensure that all applicants for deputation must undergo seminar/training on the following subject:

a. Moral Values for Transportation Regulation Officers

b. Republic Act No. 9485 — Anti-Graft and Corrupt Practices and Anti-Red Tape Act

c. Republic Act No. 4136 — Land Transportation and Traffic Code as amended by Batas Pambansa Blg. 74, Batas Pambansa Blg. 398, Presidential Decree 843, Republic Act No. 6374 and other Related Laws, Rules and Regulations

d. Driver's Licensing and Motor Vehicle Registration

e. The Driver and the LTO Transportation Regulation Officer

f. Road Rage

g. DOTC JAO 2014-01 dated 02 June 2014

h. Salient Features of the Following Laws:

- R.A. 8749 (The Philippine Clean Air Act and the Proper Procedure on Smoke Emission Testing)

- R.A. 8750 (The Seat Belt Use Act)

- R.A. 8794 (The Motor Vehicle Road User's Charge Law/Anti-Overloading Act)

- R.A. 10054 (Motorcycle Helmet Act)

- R.A. 10586 (The Anti-Drunk and Drugged Driving Act)

- R.A. 10666 (Children's Safety Aboard Motorcycles)

- R.A. 10913 (The Anti-Distracted Driving Act)

- R.A. 10916 (Road Speed Limiter Act)

i. Commonwealth Act No. 146 — Public Service Act and the Land Transportation Franchising and Regulatory Board including related laws, rules and regulations

j. Determination of Security Features of LTO Documents, Driver's Licenses and Motor Vehicle Plates

k. Guidelines and Procedures on Law Enforcement and Traffic Adjudication System (LETAS)

l. Law Enforcement Service Procedure/Protocol 1

- On the Conduct of Field Enforcement Activities

- On Apprehensions

- Proper Citation of Violation/s on the TOP and IRMV

m. Law Enforcement Service Procedure/Protocol 2

- Preparation of Daily Apprehension Reports and other requirements to account TOPs

- Procedure in the preparation of Incident Report Using H (How),and Five (5) Ws (What, When, Where, Why, Who) TAIaHE

- Submission of Confiscated Items and Impounded Motor Vehicle

n. Workshop 1

- Procedures in the Conduct of Law Enforcement Activities (Role Playing)

- Case Study on the Proper Citation of Violation/s in the TOP and IRMV

- Evaluation of Workshop Outputs

o. Workshop 2

- Preparation of Reports for Critic Evaluation

p. Workshop 3

- Situation Analysis and Preparation of Incident Report applying the H and 5Ws

- Group presentation of the Workshop Output

- Evaluation of Workshop Outputs

q. Basic Driving Principles and Techniques

3. Applicants are required to pass the theoretical examinations at the end of the training seminar. Psychological evaluation and interview may be required if deemed proper. The TSD/the regional trainors concerned shall forward the results of the examination to the DEC within five (5) days from the date of examination for evaluation.

4. The Central and Regional DEC Secretariat shall maintain a database of those who passed the examination and those who have been issued Deputation, IDs, TOP booklets as well as the applications and other records of the deputies.

5. Even after Deputation is made to qualified applicants, the Central and Regional DC, through the TSD, must ensure continuing education by conducting seminars whenever new laws, ordinances, orders or system processes are to take effect or have taken effect during the validity of the Deputation.

6. Previously deputized agents, who failed to surrender any deputation paraphernalia issued to them shall be disqualified from applying anew under these guidelines.

7. Any Transportation Regulation Officer whose deputation was revoked may no longer be deputized by the Assistant Secretary, and vice versa. For this purpose, the Regional Office DEC shall inform the Central Office DEC and, vice versa, of Transportation Regulation Officer whose deputation was revoked.

IV. DUTIES AND RESPONSIBILITIES OF LTO REGULATION OFFICERS

Deputized LTO Regulation Officers shall strictly comply with the following, and other future protocols intended for LTO Transportation Regulation Officers.

1. Accomplishing the Temporary Operator's Permit (TOP)

a. Completely fill-up TOP (With dispatch and without unnecessary delay/argument)

1. Mandatory: Complete name and specific address of driver and Driver's License (DL),and motor vehicle plate number.

2. Cite (TOP) — Listed violation(s) on the face of the TOP by putting a "x" mark on the box.

3. For "other violations" — write the law violated if the violation is not yet provided in the TOP.

4. Fill up the place of apprehension, date and time.

5. Indicate accident status if involved in an accident.

6. Fill up summons commanding driver to appear at the specific LTO District/Office/Central Office within 72 hours by indicating the proper venue. cDHAES

7. Require driver to affix his signature on TOP advising him/her that he/she thereby acknowledges and promises to appear at the venue indicated in (6) above and that if he fails to settle his case within (15) days from date of apprehension, it will cause the suspension of his license for thirty (30) days as prescribed under Part V, Par. 3 of DOTC JAO 2014-01. If the driver refuses to sign or absconded, note Refuse to Sign (RTS) or Absconded.

b. State specific facts at the space intended for remarks, data and information that will enable the adjudicating officer to arrive at a fair decision. Do not write over the list of violations.

c. Confiscate driver's license and issue TOP (pink copy),or impound unit at impounding area designated by LTO and issue IRMV to the driver/operator concerned.

d. Print complete name, unit and station with rubber stamp facsimile thereof on the space provided on the TOP.

e. Submit Apprehension Report (white copy together with driver's license or IRMV) to the LTO office identified as the adjudicating venue or to the authorized LTO receiving personnel, strictly within Twenty-four (24) hours and affix his signature.

f. To surrender to the designated LTO accountable officer the used TOP booklet (blue and yellow copy) when requesting a new TOP booklet with mandatory summary report of all apprehension.

g. To surrender to the designated LTO accountable officer the issued TOP the booklet and ID upon renewal/termination/revocation of deputation.

h. For Deputized Transportation Regulation Officers of Limited Access Roads/Highways, PNP-HPG, DPWH, DENR and other government agencies, they may submit the documents under (e),(f) and (g) to their respective Liaison Officers who shall turn over the same to the mentioned authorized LTO personnel within the prescribed period.

V. REVOCATION OF DEPUTATION

Hereunder are the grounds for Revocation of Deputation.

a. Discourteous Conduct

b. Extortion

c. Negligence

d. Insubordination

e. Grave Misconduct

f. Abuse of Authority

g. Incompetence and inefficiency

h. Corruption

i. Failure to submit apprehension within 24 hours

VI. REPEALING CLAUSE

All orders, memoranda and other issuances in conflict herewith are deemed superseded.

For your guidance and strict compliance.

(SGD.) EDGAR C. GALVANTEAssistant Secretary