Lawmaker wants compensation for wrongly-apprehended motorists

bosita files hb 3366

In a bid to protect motorists against erring enforcers and improper apprehensions, a first-term lawmaker proposed a measure that would provide proper compensation to would-be victims.

KEY TAKEAWAYS

  • What kind of compensation can wrongly-apprehended motorists expect should theHouse Bill (HB) 3366 turns into law?

    Based on the proposal, motorists shall receive financial compensation should they prove that the alleged violation is incorrect.
  • What will happen if the incorrect apprehension leads to the impounding of a vehicle?

    According to proposed legislation, a driver is entitled to additional compensation should the improper apprehension lead to the impounding of the vehicle.
  • 1-Rider Partylist Representative Bonifacio Bosita filed House Bill (HB) 3366, which aims to “reasonably compensate, at least financially, the incidental expenses incurred, and damages suffered by the drivers of improper apprehension while providing the guidelines for establishing the same.”

    HB 3366 — to be known as “Fair Traffic Apprehension Act” when approved into law — “proposes to create a drivers’ compensation fund which shall be sourced from the collection of fines and penalties for all kinds of traffic violations and impose administrative sanctions to the erring apprehending officer.”

    In his explanatory note, Bosita noted that “improper traffic apprehension may be attributed to the existing ticketing quota system, percentage on fines and penalties (10-20 percent) being given by some of the local government units to its traffic enforcers and deputized enforcers, or simply the lack of necessary knowledge by some enforcers in the implementation of traffic laws, rules or regulations, or by intent for personal gains.”

    bosita files hb 3366 2

    Bosita said that a driver of a motor vehicle could contest the charges and can have the violation canceled. However, the victims “who are oftentimes on a ‘no-work, no-pay’ policy, have to take a leave of absence from work to contest the improper apprehension.”

    Despite a favorable resolution, those who have been improperly apprehended lose a part of their income that is usually higher than the imposable fine or penalty.

    Per the proposed measure, wrongly-arrested motorists are given 60 days to contest the violation. The apprehending officer, on the other hand, must present the burden of proof and substantiate before the traffic adjudication board that the apprehended driver has indeed committed a traffic violation through the presentation of evidence, apart from the testimony.

    Should the traffic enforcer fail to prove the traffic violation, the driver in question will be entitled to compensation.

    As for the amount, HB 3366 says that “the amount of compensation shall include the incidental expenses incurred, moral damages suffered by the driver, and rate of wage.” Employed drivers can receive compensation that is “equivalent to the amount of daily wage multiplied by the number of times the driver took leave of absence from work to contest the improper apprehension.”

    In this case, the driver “must present a certificate of compensation as proof of the driver’s employment and daily wage.”

    Those who are unemployed or self-employed will receive compensation “equivalent to the prevailing minimum wage in the locality where the driver was apprehended multiplied by the number of times the driver appeared before the traffic adjudication board to contest the improper apprehension.” Should this be the case, the driver must present a barangay certification or other documents as proof that the driver he or she unemployed, self-employed, or with business.

    EDSA

    If the improper apprehension results to the impounding of the driver’s vehicle, the driver will get additional compensation. In addition, the traffic enforcement agency will also pay for the expenses incurred for towing the vehicle, including “the impound fee, if any, and the cost of damage to, or missing parts of, the motor vehicle if any, that ensued during the impounding.”

    As for the enforcers who have been proved to improperly apprehend a motorist, an administrative case under existing civil service laws, rules, and regulations shall be filed.

    Earlier, Bosita has been involved in a scuffle with Metro Manila Development Authority’s (MMDA) Bong Nebrija due to the former’s alleged interference in an with one of the agency’s enforcers in February 27 last year.

    The aforementioned incident — which went viral on various social media platforms — involved an MMDA traffic enforcer filing a ticket against a couple riding on a motorcycle. The rider’s passenger was not wearing shoes and was issued a citation ticket for not following the dress code.

    In a video posted over Bosita's Youtube channel (Colonel Bosita RSAP), the RSAP founder was seen lecturing an MMDA officer. You can check it out here.

    Prior to the confrontation, Bosita contacted a personnel from the MMDA Metrobase, to confirm and validate the grounds for the issuance of the citation ticket. 

    Photos from 1-Rider Partylist's official Facebook page and Ruben D. Manahan IV

    Also read: 

    Motorcycle owners might soon be required to join LTO-accredited riders club

    Pangasinan lawmaker wants stricter penalties for criminal negligence involving motor vehicles

    Read All

    Featured Articles

    Recommended Articles For You

    Read All

    Featured Cars

    • Upcoming

    Car Articles From Zigwheels

    • News
    • Article Feature
    • Advisory Stories
    • Road Test
    • Chevrolet PH’s latest aftersales promo offers discounts, freebies until May 2025
      Chevrolet PH’s latest aftersales promo offers discounts, freebies until May 2025
      Ruben Manahan IV . Apr 19, 2025
    • Mercedes-Benz PH launches limited-time deals for C-, V-Class until May 31
      Mercedes-Benz PH launches limited-time deals for C-, V-Class until May 31
      Ruben Manahan IV . Apr 19, 2025
    • BYD to establish presence in 77 locations nationwide this 2025
      BYD to establish presence in 77 locations nationwide this 2025
      Ruben Manahan IV . Apr 17, 2025
    • Honda Cars PH revives HEAT program for Holy Week 2025
      Honda Cars PH revives HEAT program for Holy Week 2025
      Ruben Manahan IV . Apr 17, 2025
    • SMC toll roads ready for Holy Week rush
      SMC toll roads ready for Holy Week rush
      Ruben Manahan IV . Apr 17, 2025
    • Here’s what to expect on the road this Holy Week
      Here’s what to expect on the road this Holy Week
      Paulo Papa . Apr 16, 2025
    • Here are some iconic Manila churches you can check out for Visita Iglesia via the NLEX Connector
      Here are some iconic Manila churches you can check out for Visita Iglesia via the NLEX Connector
      Paulo Papa . Apr 16, 2025
    • Suzuki Dzire Hybrid: strengths and weaknesses
      Suzuki Dzire Hybrid: strengths and weaknesses
      Cesar Miguel . Apr 16, 2025
    • Here are some spiritual sanctuaries you can visit this Holy Week via SCTEX
      Here are some spiritual sanctuaries you can visit this Holy Week via SCTEX
      Paulo Papa . Apr 16, 2025
    • Here’s how Prestone can help make your Holy Week getaways safe, hassle-free
      Here’s how Prestone can help make your Holy Week getaways safe, hassle-free
      Paulo Papa . Apr 16, 2025
    • What should you visit first at MIAS 2025?
      What should you visit first at MIAS 2025?
      Cesar Miguel . Apr 11, 2025
    • Do you really need 4x4 for overlanding?
      Do you really need 4x4 for overlanding?
      Cesar Miguel . Mar 26, 2025
    • Number coding 2025: what you need to know
      Number coding 2025: what you need to know
      Paulo Papa . Mar 09, 2025
    • EVs still require lubrication, JAMA execs say
      EVs still require lubrication, JAMA execs say
      Paulo Papa . Mar 09, 2025
    • Ensure your vehicle is Summer road trip-ready by following these tips
      Ensure your vehicle is Summer road trip-ready by following these tips
      Paulo Papa . Mar 06, 2025
    • First drive: Jetour X70 Lightning i-DM
      First drive: Jetour X70 Lightning i-DM
      Paulo Papa . Apr 03, 2025
    • Changan CS15: no-fuss daily driver
      Changan CS15: no-fuss daily driver
      Cesar Miguel . Mar 27, 2025
    • First drive: Mercedes-Benz EQE 350+ AMG Line
      First drive: Mercedes-Benz EQE 350+ AMG Line
      Paulo Papa . Mar 21, 2025
    • BYD Shark 6 DMO: first impressions
      BYD Shark 6 DMO: first impressions
      Cesar Miguel . Mar 19, 2025
    • Changan Uni-T: bold and classy
      Changan Uni-T: bold and classy
      Ruben Manahan IV . Mar 14, 2025