TMC, LTO still not ready to implement new law

By ARMANDO B. FENEQUITO JR.
A week after the Republic Act (RA) No. 10586 or the Anti-Drunk and Drugged Driving Act took effect, law enforcement agents in Davao City have yet to implement the new law.
The Davao City Traffic Management Center (TMC) admitted that their personnel have not undergone training on how to carry out the new law while the Land Transportation Office (LTO) 11earlier said they have no capabilities as of yet pending formal training and availability of equipment like breath analyzers.
In yesterday’s I-Speak Media Forum, TMC chief RhodelioPoliquit told reporters that the implementation of the law is still pending since the enforcers have not been briefed by LTO 11 on the guidelines and the use of gadgets.
“Hopefully, the LTO will complete all the gadgets and the implementing guidelines so that we will have a uniform guidelines in implementing the law,” Poliquit said.
Poliquit said the enforcers may find themselves in a compromising situation if they could not properly carry out the law. He cited that Davao motorists are smart and often question the propriety of apprehensions.
“They will immediately question the apprehension and invoked their rights,” he said.
He said if there are motorists driving under the influence of alcohol or drugs, will collide with other vehicle, some of them refused to undergo liquor test and the police cannot impose it since there is no exact guideline to be followed.
Poliquit said although the prohibition of drunk driving is already stipulated in RA 4136 or the Land Transportation and Traffic Code, the latter has no specific implementing guidelines on apprehension of violators.
He said once the RA 10586 will be fully implemented, the motorists will somehow avoid driving while under the influence of liquor since the law has a stiffer penalty.
“With this law, if we see probable cause on the driver for example the car is swerving in the road, we can apprehend them and subject for breath analyzer test,”he said.
Poliquit said if a driver hits another vehicle or property causing injury, the violator will be slapped with up to P80,000 fine and three months imprisonment. In case the accident causes death, the driver will be fined up to P500,000 and a penalty of reclusion perpetua.
Poliquit said it is stipulated in the law that the law enforcer can compel the violator to a test once death is caused by the drunk driving accident.
Last week, the LTO 11 regional director Gomer Dy admitted that it cannot implement the Anti-Drunk and Drugged Driving Act right away because it lacks trained personnel and breathe analyzers.
Dy said the office targeting to start the training of the LTO enforcers between March 23 and March 31.
The initial two teams of LTO 11 that will be trained by the end of March will then train other deputized LTO enforcers in seven district offices in the region. These are located in the cities of Mati, Tagum, and Digos and the provinces of Davao Oriental, Davao del Sur, Davao del Norte, and Compostela Valley.
Aside from LTO enforcers, officials of the Philippine National Police (PNP) are also deputized to enforce the law.
Dy said the region also lacks breath analyzers and drug testing kits.