Creating Order from the Traffic Chaos

If I were assigned to head a traffic enforcement agency like the PNP-TMG, MMDA, or LTO, I would design a new system that can create order out of the traffic chaos that’s currently prevailing in the country.

But first, I will propose to create and enact a law that requires all drivers to get insurance every year, specifically during the renewal of driver’s licenses which will be done annually. This insurance is like the Third Party Liability (TPL) insurance of automobiles except that it is assigned to the driver and not the vehicle. This insurance will cover not just the injuries to the third party when the driver is involved in an accident, but the driver’s injuries as well. (TPL will no longer be required for vehicles, but the owners have the option to insure their cars under “Comprehensive Property Insurance” to cover accidental damages and theft.) Of course, the driver’s insurance rates will increase if the insured has a bad driving record as evidenced by number of traffic tickets racked up against him during the previous year. Likewise, his or her insurance will be substantially lower when he has a spotless record. When the driver’s insurance becomes a mandatory requirement and it becomes an additional financial burden to Filipino drivers, many will be forced to drive more carefully. “Hit them where it hurts most – in their pockets!” That’s the beauty of driver’s insurance.

Of course, in the interest of fairness, a Traffic Court must be created where drivers can contest the legitimacy of the traffic tickets that were written against them by traffic enforcers. Like in a court of law, there will be a minimal filing fee and a hearing date but unlike in an actual court where justice grinds ever-so-slow, there will be a strict policy on case maturity where cases must be heard and decided one week after the ticket was written to avoid backlogs and case pile-ups.  If the traffic charges against the driver were found to be faulty, the driver gets the filing fee back and gets a written apology from the agency. If the driver is found guilty as charged, the driver pays the indicated traffic fine and forfeits the filing fee. This way, nuisance appeals will be minimized and the agency creates additional income from the filing fees.

By the way, in my proposed system, driver’s licenses are never confiscated. Offenders are issued traffic tickets and once a driver is issued a ticket, they should pay the agency within three months or their driver’s license will be suspended and they cannot operate a motor vehicle until their license is reinstated. All these can be accomplished and implemented with today’s technology.

To strictly implement this system, traffic enforcers will be trained extensively. They shall be well-versed with the Land Transportation Code, that when faced with smart-talking lawyers and smart-alecks, they can confidently cite traffic violation codes from memory. They shall be well-dressed and well-equipped, possibly with a weapon, camera and communications equipment. They shall be trained in proper communication techniques, including courtesies required of an officer in uniform. They shall individually ride motorcycles and they shall always be paired in a “buddy” system so they will always be with a partner to watch their backs.

To ensure that traffic enforcers will toe the line, a policy will be implemented where the enforcers’ paychecks are commensurate to their performance and accepted responsibilities. Besides their monthly salary, they will get a commission from each traffic fine that they bring in to the agency, while their superiors will get overriding commissions. This way, they will be able to resist bribes and other “mulching” activities during the execution of their duties. If the traffic enforcer loses a case filed in the abovementioned Traffic Court, he forfeits his commission for the entire month as payment for the Court’s time and gets the ire of his superior whose commission will also be affected. This way, all traffic enforcers will be careful in apprehending violators and in writing up traffic tickets.

How will this system work? Please allow me to explain with an example.

Imagine two traffic enforcers are cruising along EDSA when they spot a bus unloading and loading passengers in a clearly-marked “No Loading/Unloading” zone. That’s automatically a P150 fine for violating Section 54E (Disregarding traffic signs) of the Land Transportation Code. The officers flag down the bus and inform the driver of his violation and ask for the driver’s license and vehicle’s registration. If the driver gives one of those fake TCTs that almost every PUV driver is currently using to evade legitimate traffic arrests, and upon repeated demand, he cannot produce his real driver’s license, he is in violation of Section 2 (Driving with a delinquent, suspended, ineffectual or revoked license) or Section 6 (Fake or counterfeit license) which carries penalties of P300 and P1,500 respectively.

If the bus driver is not wearing a seat belt (Section 10A) he can be fined P500 for the first offense (P250-driver, P250-operator), P1,000 for the second offense (P500-driver, P500-operator) and P2,000 for the third offense (P1,000-driver, P1,000-operator). The bus could also be in violation of Section 10B (Failure to post signage instructing passengers of public motor vehicles to wear seatbelts) which carries a P600 fine (P300-driver, P300-operator) as well as Section 10C (Infraction to retrofit / install required seatbelt / anchorage / seat orientation as required) that carries a P1,000 fine on the first offense, P2,000 on the second and P3,000 on the third.

If the bus is a smoke-belcher, and they are quite easy to spot, additional fines can be levied against the bus operator which costs P1,000 on the first offense, P3,000 on the second and P5,000 on the third offense. Lastly, if the bus is not authorized to ply the route, it is therefore a colorum bus, many of which traverse EDSA at night. The fine for violating Section 40 (Colorum operation) is P1,500 (1st offense), P2,750 (2nd offense) and P4,000 (3rd offense). Assuming that the violations were all written up as first time infractions, the traffic fines against the bus driver and operator could rack up to P5,050 on a single apprehension.

Knowing that all of the charges indicated on the traffic ticket are true, the bus driver and operator opted not to contest the ticket in the Traffic Court. The operator pays the fines, reprimands his driver and fixes his bus to conform to standards and avoid future apprehensions. The driver gets a hefty premium on his insurance next year, is threatened with dismissal by the operator and vows to drive more carefully. The apprehending officers get their commissions and they are proud of their jobs and their place in society.

Now, multiply that singular traffic fine by the number of buses plying the country and multiply that product by the total number of days in a year, and we’re talking millions of pesos in fines on buses alone. Then, there are the common traffic violations committed by jeepney drivers (Section 22F: No or defective headlights – P150 fine; 22G: No or defective tail lights – P150 fine; 22L: No or disconnected muffler – P150 fine, etc.), taxi drivers (Section 61: Refusal to render service to the public or convey passenger to destination – P2,000 fine), tricycles drivers (Section 39: Out of line, operating outside authorized route – P500 fine; 68B: Driving against the flow of traffic – P150 fine, 68Z: Obstruction to traffic – P150 fine, etc.), truck drivers (Section 68P: Failure to yield to the right of way – P150 fine; 54D: Arrogance or discourtesy – P150 fine; T28: Unsafe load – P500 fine), private car drivers (Section 68Q: Failure to yield to pedestrians in a crosswalk – P150 fine; 16C: Inconspicuously displayed plates; among others) and motorcycle riders (Section 54F: No helmet - P150 fine; 55: Reckless driving – P500 (1st offense), P750 (2nd offense) and P1,000 (3rd offense); 27H: No rearview mirror – P150 fine; etc.). Add them all up and the income from traffic fines can shoot up to the hundred millions, which would be enough to make the agency self-sufficient. The enforcers’ commissions may even be enough to reactivate the middle class segment and invigorate local economic activities.

These are all existing traffic laws and the traffic fines quoted are all current. Eagle-eyed and well-trained enforcers can easily spot these violations and flag down violators to issue tickets when they’re motivated especially if there’s a commission waiting for legitimate flag downs. As I look at it, the proposed system would be able to instill traffic discipline across the board, and as it does so, it can also generate the needed funds for the operation and maintenance of the traffic enforcement agency and professionalize the ranks of traffic officers.

If implemented, this system will benefit the insurance industry, the road users, the judicial system, the traffic law enforcers and the economy in general. All these can be easily implemented to minimize, if not eliminate, our horrendous traffic problems and improve traffic enforcement at the same time. It would only take a traffic czar with an unquestionable character, strong determination and iron will to implement this system. That, and a President that will support him all the way.

Now, if I was the President and I would choose a traffic czar to do this, who would I choose? Hmmm…

Here are some of your Backseat Driver reactions from last year.

The last u-turn slot along EDSA going to the Mall of Asia is becoming a “tong” trap, especially to unwitting motorists from the province, like me. – 09175042436

In SM South Mall, the outdoor parking slots beside the stairs are used by some jeepneys. Otherwise the guard reserves them for the handicapped. – 09202664571

You want people to remember street names? Stop changing the names, start building new roads and give those new names! – 09272510696

Speak out, be heard and keep those text messages coming in. To say your piece and become a “Backseat Driver”, text PHILSTAR<space>FB<space>MOTORING<space>YOUR MESSAGE and send to 2840 if you’re a Globe or Touch Mobile subscriber or 334 if you’re a Smart or Talk ’n Text subscriber or 2840 if you’re a Sun Cellular subscriber. Please keep your messages down to a manageable 160 characters. You may send a series of comments using the same parameters.)