Mulcting motorists (revised blog)

Local governments argue over traffic ticketing—but read between the lines

 

It seems simple in theory; a single traffic and vehicular enforcement system for Metro Manila roads and to be implemented by the Metro Manila Development Authority (MMDA). As the situation is now, each "city" within the greater Manila metropolitan area sets its own rules and enforcement procedures. Executive Order 712 issued by President Arroyo on March 11, the same day as a one-day transport strike that crippled the national capital, was intended to resolve this problem by making the MDDA the agency responsible—but as is so often the case, the local mayors cannot agree.

Republic Act 7924 which provides the mandate for operation of the MMDA states that the agency "will install and administer a single ticketing system, fix, impose and collect fines and penalties for all kinds of violations of traffic regulations, whether moving or non-moving." However the Supreme Court has ruled that the MMDA can only enforce traffic laws or regulations when given the power to do so by local government units involved. So far, four of the cities that make up the greater Metro Manila area are opposing the scheme. Those opposed are Makati, San Juan, Navotos and Pasay City, each of which wishes to continue to issue their own regulations and set their own standards for traffic violations.

This can lead to absurd situations in that vehicles that are perfectly legal in one metro jurisdiction can be illegal in another. Protective number plate covers—for example—is illegal in Makati even those affixed to a vehicle at the factory prior to delivery. Yet so-called "vanity plates" (special plates such as "ASEAN SUMMIT" that cover and disguise the real licence plate number are tolerated.

As of the time of writing an interim compromise appears to have been reached whereby, according to MMDA Chair, Bayani Fernando, MMDA will enforce laws on national roads while local roads will continue to come under the supervision of local mayors. The new scheme, supposedly went into force on Saturday March 29. In the meantime a "technical working group" will seek to thrash out the differences.

On the surface this issue is about a logical rationalisation and harmonisation of Manila's chaotic road system but many suspect the real fight is about money. Mulcting of motorists by so-called "enforcers" is a lucrative pastime on Manila roads and the confusing mismatch of rules and regulations makes it so much easier to redistribute wealth from motorists to the enforcers. Traffic violations are usually settled on the spot with payment of a non-receipted fee.

So at risk of getting personal, let us quote a few examples:

The "no right turn on red" sign outside the InterContinental Hotel in Makati appears to be there just to catch motorists. It is a non-standard sign in a non-standard place that might just as well be hand-written and goes unnoticed by many motorists. The first time that is. Why is it that when traffic is turning left (thereby preventing any through traffic) it is illegal to turn right? The option is to get a ticket or pay on the spot.

While in Makati, we cannot overlook the scam that occurs at the Ayala and Makati Avenue intersections where one group of enforcers waves the traffic on in spite of a red light while a second group waits the other side of the intersection to fine the motorists who obey the first group. This is designed to catch people who wish to make a left turn towards Greenbelt.

From experience, Makati police typically charge motorists Php200 as an alternative to license confiscation while MMDA enforcers charge between Php500 and Php850. Receipts are not issued.

Motorists of course have an option. Option 1 is that the enforcers will write a ticket, take your license and force you to go to their head office to pay the P2,000 fine before you can legally drive again.

Or to save the inconvenience, you have Option 2. You can plead guilty to a lesser charge (unspecified) and pay an on-the-spot fine of Php850 which goes unreceipted. Ask for one and the stock answer is "If you want a receipt we have to fine you Php2000 and you can get the receipt when you pick up your license." Is it surprising that most motorists plead "no contest."

Want to know what you are being charged with? Usually it is "reckless driving." This can be manoeuvring ("swerving") to avoid a tricycle, an alleged illegal turn or crossing an intersection on an orange light. This at least was the claim of the officials that stopped us last weekend in Alabang (but what were they doing on a local road anyhow if the MMMDA were supposed to be on national roads?) The defence that the choice was between proceeding across the intersection as the lights changed or jamming on the brakes and being rear-ended by the jeepney behind us cut no ice. Our only consolation—the jeepney got collared also.

A few weeks back we were travelling north on EDSA and trying to enter the Farmer's Market in Cubao but were unable to make the right turn needed because buses were blocking the intersection. We had no choice but to continue along EDSA. We had gone only a few yards when the MMDA stopped our vehicle because we were in a "bus only" lane. "No, we are not we declared, we are trying to make a right turn." But we didn't make the turn did we? It cost us Php500 on that occasion. And yes, you are right, the MMDA had no interest in the buses causing the obstruction.

Last weekend in Alabang, we stood and observed the sting operation (for that is what it was) for 30 minutes and on average with each change of lights, five vehicles were flagged down. If that works out to one vehicle per minute and each motorist chooses to pay the P850 (rather than the unattractive alternative of going without a license, having to go to MMDA headquarters to reclaim it and then pay a Php2000 fine) then that one intersection nets the enforcers around Php50,000 per hour. No wonder there is a fight over who controls this particular racket.

In the overall scheme of things, this hardly rates as an issue except that it is yet a further example of how petty corruption pervades society and undermines the image that the Philippines tries to project of itself as a friendly and caring society. The system appears designed to confuse and hinder—thereby providing the opportunity for mulcting.

There are solutions of course: legalise on-the-spot fines for genuine offenses, have a single national set of rules for vehicle enhancements rather than the absurd situation where places such as Makati can override national rules, and make receipts for violations mandatory. But that would spoil the fun wouldn't it?