What Should a Law Enforcer Do Upon Seizing a Motorcycle from a Traffic Offender?

When a law enforcer catches someone breaking traffic rules in the Philippines, they may have to seize the offender’s motorcycle. Upon seizing a motorcycle from a traffic offender, they must report it immediately and surrender it within 24 hours to a local impounding center. Failure to do so can result in serious penalties, including imprisonment and even fines. 

Republic Act No. 11235 or the Motorcycle Crime Prevention Act is quite clear about what the enforcers are to do with motorcycles taken from traffic offenders. In fact, the law is also clear about the penalties that await them in case they fail to do so. So, next time you commit an impoundable violation, here’s a detailed, yet simple, explanation of what happens to your motorcycle next. 

What Should a Law Enforcer Do Upon Seizing a Motorcycle from a Traffic Offender

RA 11235: Understanding the Process After Seizure of Motorbike

When a law enforcer seizes the motorcycle of a traffic offender, they must follow a specific set of procedures outlined in RA 11235, the Motorcycle Crime Prevention Act. This law ensures that seized motorcycles are reported immediately to the Land Transportation Office (LTO) and the Philippine National Police (PNP) and are surrendered to a local impounding center within 24 hours. Here are some of the steps taken after a motorcycle is seized, and each one is designed to maintain transparency, prevent misuse, and uphold the integrity of law enforcement.

1. Immediate Reporting and Surrender

As soon as a law enforcer seizes a motorcycle from a traffic offender, they must report this action right away. This isn’t just a casual note; the officer needs to inform the LTO and the PNP through the Joint LTO and PNP Operations and Control Center. This reporting must happen immediately to keep everything transparent and accountable.

2. The 24-Hour Rule

After reporting the seizure, the law enforcer has a strict timeline to follow. Within 24 hours of seizing the motorcycle, the officer must surrender it to a local impounding center. These centers are set up by the local government unit (LGU) to keep seized vehicles secure. This step is critical because it ensures that the motorcycle is stored safely and legally.

Penalties for Non-Compliance

What happens if the law enforcer doesn’t follow these rules? The consequences are quite serious. 

1. Jail Time

According to RA 11235, if an officer fails to report or surrender the motorcycle within 24 hours, they can face significant penalties like prision correccional, a type of imprisonment defined under the Revised Penal Code and punishable by jail time anywhere from 6 months and one day to 6 years, depending on whether they get the minimum or maximum sentence. Additionally, they might also face suspension and administrative charges, which could affect their career and position in law enforcement.

2. Monetary Liability for Loss or Damage

The law also takes into account the condition of the motorcycle while it’s in the custody of the law enforcer. If the motorcycle is lost or damaged while in their care, the officer is held financially responsible. This means they have to pay for the full value of the motorcycle if it’s lost, or cover the cost of repairs if it’s damaged. This rule ensures that officers handle seized motorcycles with the utmost care.

3. Using Seized Motorcycles: A Serious Offense

It’s important to note that using a seized motorcycle for any reason is strictly prohibited. If any LTO officer, PNP officer, or deputized law enforcement personnel are caught using an impounded motorcycle, they may face criminal, administrative, and monetary liabilities. This ensures that seized vehicles are not misused and are kept for their intended purpose – legal custody and eventual legal processes.

Why These Rules Matter

The strict guidelines and penalties in RA 11235 are designed to not only keep the roads safe but to also help maintain the integrity and trust in the law enforcement system. By ensuring that motorcycles used in crimes or serious traffic offenses are properly managed properly, the law, by virtue of its numerous provisions for penalties, helps deter misuse and corruption. It also provides a clear protocol for law enforcers, making sure that every seized motorcycle is accounted for and handled responsibly.

Video: IRR for RA 11235

To learn more about the implementing rules and regulations related to the enforcement of RA 11235, you may check out this video from Red Dragon Rider:

Summary

The LTO, through the RA 11235, is quite strict when it comes to handling seized vehicles. That said, the agency makes it a point to have their enforcers immediately report and surrender any seized motorcycles from traffic offenders to the proper authorities within 24 hours for accountability and proper handling. Failure to do so can result in serious penalties, which includes imprisonment and fines. So, if you are a car owner, you can rest easy knowing that the law enforcers can be held accountable in case your beloved motorcycle gets misused, lost, or mishandled for whatever reason.

error: Content is protected !!