DOTC suspends order on NBI clearance for driver’s license

MANILA, Philippines – Transportation and Communications Secretary Joseph Emilio Abaya ordered last night the suspension of new administrative order AVT 2015-029 that mandates all applicants for professional drivers’ licenses to present police and National Bureau of Investigation (NBI) clearances as part of requirements.

Abaya was pressured into ordering the suspension of the administrative order after Senate President Pro-Tempore Ralph Recto questioned the new directive, which he thinks adversely affects the livelihood of professional drivers.

Recto noted that the additional NBI and police clearances would affect at least a day’s income for a driver to secure the requirements, plus some P400 in additional expenses.

“Why burden the motorists again?” he added.

Abaya and LTO chief Alfonso Tan Jr. signed Administrative Order No. AVT-2015-029 that required applicants for renewal of professional driver’s license to submit NBI and police clearances.

Under qualifications and requirements, the LTO has required drivers to submit NBI and police clearances that they have not been convicted of any offense involving “moral turpitude or reckless imprudence resulting from reckless driving.”

The LTO’s regulation took effect on Nov. 9, 2015. The order also covers applicants for student’s permits and bus conductor’s licenses.

“Why is it going to be more difficult now for the ordinary man on the street to get a professional drivers’ license? This means he needs it to do his work. This is his source of livelihood,” Recto asked.

The new directive is also additional burden for drivers, who also have to pay an extra P500 for the new design license plates.

The Land Transportation Office (LTO) reported that there is a current backlog of 700,000 in the issuance of license cards. About 1.5 million drivers’ license holders will be affected by the new order annually.

Upon Recto’s proposal, Senate President Franklin Drilon recommended the suspension of the implementation of the AO to avoid further delay in the approval of the DOTC budget, which has been subject of the senators’ queries for the past two days.

Drilon even asked if a person facing a libel case should be deprived of a driver’s license.

“Libel is a crime which involves moral fortitude… the reason why we are pointing this out… it is an arbitrary listing… then it is an arbitrary determination that if you are facing this, you cannot drive,” Drilon said.

The DOTC secretary spoke through Sen. Loren Legarda, chairperson of the Senate finance committee, who is defending the DOTC’s P42.6-billion budget before the plenary yesterday.

“The NBI has a larger database,” Legarda said, quoting Abaya in answer to Recto’s queries on the sidelines.

“Why do you need two clearances?” Recto asked.

Legarda said the database of the NBI and the Philippine National Police (PNP) are not merged.

Legarda also explained that the DOTC has to put more stringent measures on the issuances of driver’s licenses to prevent freak accidents.

“It is better to err on the side of safety because there are certain crimes apprehended by the NBI but not recorded by the local police,” the senator added.

Recto proposed that the NBI and the PNP provide a “negative list” where those charged with crimes be put into the LTO database so that they can be barred from getting their professional licenses.

“Why can’t the LTO think of better ways… so that there will be no additional expense for the applicant?” he added.

Interviewed after the hearing, LTO chairman Tan said the agency would speed up the writing of the guidelines for the new directive.

“We are looking at public safety. The worst-case scenario, would you want that if you have a daughter who would go home at night, would you want the tricycle driver who will drive her home to have an existing warrant for rape?” Tan said.

“This is a not a new requirement. But we know that their databases do not cover all records,” Tan said.

The assistant secretary said the guidelines enumerate the crimes to be covered by the administrative order that would bar a person from getting a professional driver’s license.

Meanwhile, a group of tricycle drivers has asked a Pasig court yesterday to stop the LTO from requiring more than 2 million drivers to submit additional requirements for the renewal of professional driver’s license. – With Non Alquitran, Robertzon Ramirez, Jess Diaz, Jennifer Rendon