We know this scene too well. It usually happens in an anti-smoke belching operation wherein the offending vehicle gets its plates confiscated for failing the test. As it turns out, that practice is illegal. No, we’re not talking about apprehending smoke belching vehicles. We’re talking about the confiscation of the plates or ‘baklas plaka’.
Of course, there are other instances wherein enforcers or deputized marshals take the plates away, but either way, that move is not allowed, said the Land Transportation Office (LTO). But because the agency has received numerous queries and complaints about the matter, it has released a memorandum that prohibits this practice.
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The memorandum reiterates one of the provisions of Joint Administrative Order (JAO) No. 2014-01. It states:
“In all cases where the penalty includes the confiscation, suspension or revocation of a driver's license or student permit as well as the suspension or revocation of the registration of a motor vehicle or impounding the motor vehicle, and the same cannot be immediately implemented, the driver’s license, the student permit, or motor vehicle as the case may be shall be put on alarm until the proper penalty may be implemented.”
To simplify, all traffic violations that don’t involve the confiscation of plates or licenses, the enforcer or deputized official shouldn’t take any of those away. The only time the plates should be confiscated is if the apprehended vehicle is being sent to the impound.
So, the next time an enforcer insists on taking your plates, always refer to JAO No. 2014-01.
