Lawmaker wants compensation for wrongly-apprehended motorists

bosita files hb 3366

In a bid to protect motorists against erring enforcers and improper apprehensions, a first-term lawmaker proposed a measure that would provide proper compensation to would-be victims.

KEY TAKEAWAYS

  • What kind of compensation can wrongly-apprehended motorists expect should theHouse Bill (HB) 3366 turns into law?

    Based on the proposal, motorists shall receive financial compensation should they prove that the alleged violation is incorrect.
  • What will happen if the incorrect apprehension leads to the impounding of a vehicle?

    According to proposed legislation, a driver is entitled to additional compensation should the improper apprehension lead to the impounding of the vehicle.
  • 1-Rider Partylist Representative Bonifacio Bosita filed House Bill (HB) 3366, which aims to “reasonably compensate, at least financially, the incidental expenses incurred, and damages suffered by the drivers of improper apprehension while providing the guidelines for establishing the same.”

    HB 3366 — to be known as “Fair Traffic Apprehension Act” when approved into law — “proposes to create a drivers’ compensation fund which shall be sourced from the collection of fines and penalties for all kinds of traffic violations and impose administrative sanctions to the erring apprehending officer.”

    In his explanatory note, Bosita noted that “improper traffic apprehension may be attributed to the existing ticketing quota system, percentage on fines and penalties (10-20 percent) being given by some of the local government units to its traffic enforcers and deputized enforcers, or simply the lack of necessary knowledge by some enforcers in the implementation of traffic laws, rules or regulations, or by intent for personal gains.”

    bosita files hb 3366 2

    Bosita said that a driver of a motor vehicle could contest the charges and can have the violation canceled. However, the victims “who are oftentimes on a ‘no-work, no-pay’ policy, have to take a leave of absence from work to contest the improper apprehension.”

    Despite a favorable resolution, those who have been improperly apprehended lose a part of their income that is usually higher than the imposable fine or penalty.

    Per the proposed measure, wrongly-arrested motorists are given 60 days to contest the violation. The apprehending officer, on the other hand, must present the burden of proof and substantiate before the traffic adjudication board that the apprehended driver has indeed committed a traffic violation through the presentation of evidence, apart from the testimony.

    Should the traffic enforcer fail to prove the traffic violation, the driver in question will be entitled to compensation.

    As for the amount, HB 3366 says that “the amount of compensation shall include the incidental expenses incurred, moral damages suffered by the driver, and rate of wage.” Employed drivers can receive compensation that is “equivalent to the amount of daily wage multiplied by the number of times the driver took leave of absence from work to contest the improper apprehension.”

    In this case, the driver “must present a certificate of compensation as proof of the driver’s employment and daily wage.”

    Those who are unemployed or self-employed will receive compensation “equivalent to the prevailing minimum wage in the locality where the driver was apprehended multiplied by the number of times the driver appeared before the traffic adjudication board to contest the improper apprehension.” Should this be the case, the driver must present a barangay certification or other documents as proof that the driver he or she unemployed, self-employed, or with business.

    EDSA

    If the improper apprehension results to the impounding of the driver’s vehicle, the driver will get additional compensation. In addition, the traffic enforcement agency will also pay for the expenses incurred for towing the vehicle, including “the impound fee, if any, and the cost of damage to, or missing parts of, the motor vehicle if any, that ensued during the impounding.”

    As for the enforcers who have been proved to improperly apprehend a motorist, an administrative case under existing civil service laws, rules, and regulations shall be filed.

    Earlier, Bosita has been involved in a scuffle with Metro Manila Development Authority’s (MMDA) Bong Nebrija due to the former’s alleged interference in an with one of the agency’s enforcers in February 27 last year.

    The aforementioned incident — which went viral on various social media platforms — involved an MMDA traffic enforcer filing a ticket against a couple riding on a motorcycle. The rider’s passenger was not wearing shoes and was issued a citation ticket for not following the dress code.

    In a video posted over Bosita's Youtube channel (Colonel Bosita RSAP), the RSAP founder was seen lecturing an MMDA officer. You can check it out here.

    Prior to the confrontation, Bosita contacted a personnel from the MMDA Metrobase, to confirm and validate the grounds for the issuance of the citation ticket. 

    Photos from 1-Rider Partylist's official Facebook page and Ruben D. Manahan IV

    Also read: 

    Motorcycle owners might soon be required to join LTO-accredited riders club

    Pangasinan lawmaker wants stricter penalties for criminal negligence involving motor vehicles

    Read All

    Featured Articles

    Recommended Articles For You

    Read All

    Featured Cars

    • Upcoming

    Car Articles From Zigwheels

    • News
    • Article Feature
    • Advisory Stories
    • Road Test
    • Porsche Taycan EV conquers flooded street in Dubai
      Porsche Taycan EV conquers flooded street in Dubai
      Paulo Papa . Today
    • PHRX, AAP ready for upcoming Kagitingan Rally of Capas
      PHRX, AAP ready for upcoming Kagitingan Rally of Capas
      Ruben Manahan IV . Today
    • Dongfeng PH offers extended battery warranty for EV lineup
      Dongfeng PH offers extended battery warranty for EV lineup
      Paulo Papa . Today
    • MMDA to partially close portion of EDSA-Kamuning flyover starting May
      MMDA to partially close portion of EDSA-Kamuning flyover starting May
      Paulo Papa . Today
    • Mazda MX-5 dominates 2024 Petron Makabayan Endurance Cup
      Mazda MX-5 dominates 2024 Petron Makabayan Endurance Cup
      Paulo Papa . Today
    • Which is the better choice: Toyota Corolla Cross or Yaris Cross?
      Which is the better choice: Toyota Corolla Cross or Yaris Cross?
      Paulo Papa . Apr 22, 2024
    • Hard-hitting hybrids: Toyota Corolla Cross vs. Nissan Kicks e-Power
      Hard-hitting hybrids: Toyota Corolla Cross vs. Nissan Kicks e-Power
      Paulo Papa . Apr 22, 2024
    • Toyota Corolla Cross: Old vs. new
      Toyota Corolla Cross: Old vs. new
      Paulo Papa . Apr 17, 2024
    • Here are the new Toyota Corolla Cross variants
      Here are the new Toyota Corolla Cross variants
      Paulo Papa . Apr 17, 2024
    • MIAS 2024: Here’s what transpired on the first day of the annual auto expo
      MIAS 2024: Here’s what transpired on the first day of the annual auto expo
      Paulo Papa . Apr 06, 2024
    • Here are some ideal destinations and safety tips for the upcoming Holy Week
      Here are some ideal destinations and safety tips for the upcoming Holy Week
      Paulo Papa . Mar 08, 2024
    • Here are some New Year’s resolutions for car owners
      Here are some New Year’s resolutions for car owners
      Paulo Papa . Jan 03, 2024
    • PH auto market: 2023 in retrospect
      PH auto market: 2023 in retrospect
      Paulo Papa . Dec 15, 2023
    • Here’s a holiday gift guide for car enthusiasts
      Here’s a holiday gift guide for car enthusiasts
      Hazel Nicole Carreon . Dec 15, 2023
    • Oil players cut pump prices anew
      Oil players cut pump prices anew
      Paulo Papa . Nov 14, 2023
    • ELECTRIA: Toyota Zenix Q Hybrid is fit for modern families
      ELECTRIA: Toyota Zenix Q Hybrid is fit for modern families
      Ruben Manahan IV . Apr 02, 2024
    • First look: JMC Vigus
      First look: JMC Vigus
      Paulo Papa . Apr 01, 2024
    • First look: JMC Grand Avenue
      First look: JMC Grand Avenue
      Paulo Papa . Mar 27, 2024
    • Above average: Toyota Raize G
      Above average: Toyota Raize G
      Paulo Papa . Mar 22, 2024
    • BYD Atto 3: from the metro to the mountains
      BYD Atto 3: from the metro to the mountains
      Paulo Papa . Mar 18, 2024