A visiting “Balikbayan” named “James” sent me an email to share his thoughts about traffic in Metro Manila. For the most part James pointed out what many of us don’t notice or take for granted. James noticed that the dilapidated taxis and buses are nowhere to be seen; he didn’t see any actual jaywalkers, although there are now more motorcycles on EDSA.
James did have a very interesting idea; “making traffic violations a crime resulting in serious jail time for drivers and also for pedestrians. The law should provide not merely a slap on the wrist but a lengthy incarceration. And the law needs enforcement.”
The email brought back memories of a time when I used to live in Westport, Connecticut back in 1987. During my stay there, I made the acquaintance of a free spirited individual who loved to drive fast and sometimes under the influence of “spirits.” As expected, my friend would get caught by the local cops every so often and would pay the stiff fines of about $100 to $200. Unlike in the Philippines, they have a different system in the US and particularly in Westport, Ct. Authorities there kept a very good record of traffic violations, even of warnings given by troopers. Drivers would end up piling up a score and once you reach the limit, you end up in court.
And so it was with my American friend. Upon receiving the summons, he showed up in court with a haircut, clean-shaven and dressed up in a rented suit, all meant to impress the judge that he was a good citizen. When the clerk called up his case, my friend’s lawyer politely stood up alongside my friend and said: “Your Honor, my client humbly admits his guilt and takes responsibility for his various traffic offenses. In fact, to show his sincerity in the matter, my client willingly offers to pay the stiff fine as prescribed by law on the matter.”
The Lady Judge, looked down at my friend, smiled and looked at his lawyer and said: “Counsel I am glad that your client recognizes his irresponsible behavior and has taken the initiative to pay whatever fine is imposed upon him. However, after looking at his record of violations, please be advised that this court is not interested in his money. No I don’t want his money; I want his ass in jail. 30 days in lock up.”
After due consideration of the suggestion of James and remembering my friend’s imprisonment in Westport, Connecticut, I have to say “Why not?”
Under the present situation, erring drivers especially bus and jeepney drivers, are merely “inconvenienced” for their infractions. Whenever they are caught and issued a ticket, the drivers may loose one day or two and an average fine of P1,000 in order to redeem their license. It is also not uncommon to find drivers still driving with two tickets in the same week. In the end, our penalty system is all about making money from traffic violations, but it does nothing to ultimately make sure that the drivers will behave.
First of all, I would suggest that there be a 24- or 48-hour limit for a driver to go and settle his violation and redeem his ticket (if it is not yet a policy). A driver caught twice before he settles his first violation should be escorted by MMDA enforcers to finish off loading his passengers then brought to the impounding area, made to settle his traffic violation and then retrieve his bus or ask his company to do so. This series of inconvenience will surely make people think twice.
To make sure that our law enforcement is not all about commerce, it is about time that the government through the LTO or the MMDA established or implemented a point system where drivers caught for traffic violation get pin holes on their license and a corresponding number of points. After three strikes within a number of months, the driver gets a hefty fine like P5,000. When he hits five strikes within a year, he gets a one-month suspension, if he hits 10 it becomes three and if he gets 20 in two years he is suspended for a year. If a driver is arrested for drunk driving or multiple reckless driving in a year, he goes to jail for 30 days just like my friend did!
After 30 days, my friend had to wait for a year or so to get his license back. In the mean time he had to take cabs, hitch a ride or take the county bus. That secondary consequence to his bad driving habits finally made him realize how valuable his privilege to drive really was. If the MMDA and the LTO want to fix the problem they have to get serious with the solutions.
* * *
Mayor Jun-Jun Binay might want to investigate claims that a group of Anti Smoke Belching Unit enforcers in Makati are once again harassing motorists. One reader claims that in order to put an end to the nuisance arrests, his friend resorted to buying “certificates” from the ASBUs themselves at their office near the Makati fire station!
If the ASBUs and the city of Makati are really serious about cleaning up the air pollution and reckless driving in Makati, they should prove it by arresting jeepney drivers who disregard traffic lights in Makati and who turn intersections into their own loading bay. The question is, do city officials have the political will or do jeepney drivers have political protection?