“RA 4136 is already 59 years old and is hopelessly out of date”
Over the years, traffic fines have increased way above inflation.
I just did not realize how high the fines were until I learned of two recent apprehensions.
One was a driver whose van was impounded and fined P200,000 for driving out of line which for that individual was basically a death sentence.
Where would he get the P200,000 considering the van he was using to earn a living and paying on installment basis had been impounded?
Another case was about an elderly driver who was earning a living as a family driver.
The problem was, he was holding a non-professional driver’s license and was caught driving a six-wheeler which was clearly a traffic violation.
His driver’s license was confiscated and fined P3,000.
He was further suspended for one year, rendering him unable to drive to earn a living for his family.
We can all understand the need for resolute enforcement so that erring drivers will not commit the same offense repeatedly.
But must it be so brutal that it will drive traffic offenders to destitution?
Given the difficulty of looking for jobs let alone maintaining them, people in government should try to strike a balance in imposing penalties.
In the Metro area, the favorite go-to traffic solution is to increase traffic fines.
The most recent is the increased fines for drivers entering the exclusive bus carousel.
As we can see, even with the stiffer fines, there are still a lot of violators, majority of whom are motor cycle riders.
Those in convoys with escorts, however, appear to be getting off the hook which is bad optics. The MMDA must remember that the bus carousel is not a completely segregated road.
There are plenty of open spaces where vehicles can easily enter, use the carousel and then get out.
The open spaces is a great temptation, one reason why we still see a lot of violations.
The bus carousel is also not entirely covered by CCTVs, making it difficult to monitor.
Increased fines could also bring unwanted problems.
One is corruption.
When all the attention shifts to another traffic problem, bigger fines will be a bonanza for corrupt enforcement personnel who we know are still out there.
Traffic authorities should combine enforcement with engineering and education. Unfortunately, this is seldom done.
It is not a popular solution to current traffic managers in the Metro area.
This is understandable considering the need for instant solutions to pressing traffic problems. But putting all the burden on the motorists is not fair because the causes of many traffic problems is not their fault.
For example, congestion is due to the limited road network.
This is where engineering and education can come in.
Metro traffic managers however, continue to rely heavily on enforcement even if they know that when it comes to traffic, a combination of the three Es is better for long term solutions.
Like in other laws, traffic fines and other penalties should be commensurate to the offense. Besides, traffic fines as a standalone solution will not do the trick. It is always advisable to combine it with the other two for better results.
One thing that was also never done that should now be undertaken is the review and amendment of RA 4136 in its entirety.
The law is already 59 years old and is hopelessly out of date.
Although there have been minor amendments done, these are not enough.
There are now new technologies out there like flying and driverless cars being tested in other countries.
What happens if a flying or driverless vehicle is brought to the country?
The fines in RA 4136 are also no longer realistic and have now been replaced by many administrative orders whose amounts are often too high.
With a new law, there will be a nationwide guide for every municipality, city or metro jurisdiction on the right amount of fines so that ordinary citizens will not be unduly burdened with enormous and punishing traffic fines.
This is an effort that the DOTr and the LTO should both spearhead.
