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Cdi 3 Chapter 6
Cdi 3 Chapter 6
CHAPTER 6
TRAFFIC ENFORCEMENT
Objectives:
• Develop understanding of Traffic Law Enforcement.
• Kinds of Enforcement Action.
Order in any society is already dependent upon the uniformity of behavior by its
members. Traffic laws are an attempt to provide specifications for conventional behavior
on highways. The rules for conventional driving behavior were developed mostly from
experiences over the years Those, which have survived the test of time, are the basis for
our present laws and ordinances. The first laws concerning driving behavior resulted from
custom and common usage. When the automobile first appeared on the highway it
becomes necessary to establish certain rules as to how individual drivers should use the
highway Since most conflicts occur because two vehicles attempt to occupy the same
space at the same time It is not surprising that most early traffic laws are concerned with
specifying who had the immediate right to use the road As motor vehicles become more
numerous, highway system becomes more extensive and people learned more about the
problem involved in driving Additional laws were developed to define safe driving behavior
in general.
Traffic laws, like other laws, reflect the belief, behavior, and standard agreed on by
society. They do not relate to behaviors that are necessarily bad in themselves, such as,
laws against theft, assault, and indecency. They exist to identify and encourage behavior
in accord with the accepted pattern, and to deal with those who will not conform and who
aggravate the hazards of traffic.
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1. The words in the law book which state explicitly the kind of behavior to be followed
2. Judicial interpretation of how the laws are to be applied, 3. Administrative
interpretation of how the laws are to be applied usually reflected by policies,
tolerance, and assignments of enforcement personnel, and
3. How the individual officer feels about driving behavior that occurs in his presence
The law, therefore, is one of the characterizing symptoms of our civilization, and the
quality of the law tends to reflect the quality of civilization that produces it. At its best, it
tends to make it possible for civilized people to live together in peace and happiness. In
this connection, one of the major purposes of the law, is the restraint of those persons
and the preservation of those acts which tend to obstruct and limit the peace and
happiness of society Since the ends of the law are the promotion of justice and the
protection of the welfare, it must serve no master.
The law becomes a mockery when is reduced to the service of special privileges. A
citizen charged with a minor traffic offense sometimes exhausts every means to have his
case disposed of other than established procedures. Such activity is destructive of
enforcement and corrosive of the law, weakening the foundation of society and its
government.
Under these considerations, the purpose of traffic law enforcement, like that of general
law enforcement, is to off-set the selfish motivation and to condition community habits
through conditioning habits of individual It is a basic requirement in the orderly economic
and social development of street and highway transportation Traffic law, like anybody law,
is sterile unless it is inherently sound and supported by effective enforcement machinery.
Since it affects human conduct directly, traffic law enforcement whenever adequate to
the problem in both quantity and quality produces substantial, and meaningful results.
When such productive enforcement is contained over a period of years, community habits
are improving to the extent that less enforcement is necessary to maintain the more
orderly and safer conditions thus produce.
ENFORCEMENT THEORY:
It is the action taken by the police and the court to compel obedience to traffic laws
and ordinances regulating the use and movements of motor vehicles to create a deterrent
to unlawful behavior by all potential violators.
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As a Traffic Law Enforcer, you must decide the kind of action you will take in case
you know any violation Drivers are guided more by the enforcement actions to traffic law
enforcers than by the way the law is written It is therefore important that you should know
so that driver may know exactly what to expect.
Note: Your Consistency in the enforcement of traffic laws builds respect and
compliance with the law.
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1. The first laws concerning driving behavior which was developed mostly from
experience over the years resulted from custom and common usage.
2. Traffic laws, like all other laws, reflect the beliefs, behavior, and standard
agreed by society
3. Traffic law violation are classified into two (2) groups, and they are:
A. Hazardous traffic law violation - any violation of any law, ordinance, or regulation
affecting the use or protection of the streets and highways enacted primarily to
regulate the safe movement of vehicles and pedestrians
There are two (2) general kinds of hazardous violation
1. Unsafe behavior - is an action or omission which is hazardous even when
vehicles, streets or people involved comply with the legal provision, and
2. Unsafe condition - is causing or permitting illegal or possibly hazardous
conditions of a driver, street or highways, and vehicles used in traffic.
B. Other traffic law violations - are violations of any law, ordinance, or regulation
affecting the use and protection of streets or highways but which are not enacted
primarily to regulate the safe movement of vehicles and pedestrians.
Note: Understanding how enforcement actions affect drivers often subtle and far-
reaching Understanding these effects will help provide an understanding of the
objectives of enforcement.
POLICE TRAFFIC ENFORCEMENT ACTION - The part of the police traffic law
enforcement involving arrest, citation, or warning of any person believed to have violated
a law, ordinance or rules and regulations pertaining to the use of traffic ways, when the
person has knowledge of this action and it is to
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a. Consider the possibility that the person you are arresting may
attempt to kill you.
b. Inform him that you are placing him under arrest.
c. Inform him of his right’s re-RA # 7438.
d. A reasonable search may be carried out in connection with the lawful
arrest.
a. If with radio, request for a transportation unit and maintain custody of your
prisoner until it arrives.
b. Give instructions to the transporting officer about the place where the
suspect is to be delivered.
c. Have the necessary information and instruction written out so that the
transporting officer will not err in delivery?
d. In certain conditions, direct the arrested person to drive his vehicle to your
Headquarters and follow him with your police mobile. If the driver is not in
good condition or the vehicle is in bad shape, let someone drive the vehicle
to the Headquarters.
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FILING OF COMPLAINT - The filing of the complaint shall be made within the
prescribed period as provided for under Article 125 of the Revised Penal Code
unless the suspect waives his right and avail for preliminary investigation.
a. During the investigation and within the regulatory period to submit the
suspect for an inquest or if the latter avail for preliminary investigation, the
investigator shall determine if there is a necessity to confiscate or not the
driver's license of the former.
b. And within 72 hours from the filing of the case, the hearing authority shall
make immediate preliminary findings based on police or complaining
witnesses' reports as to whether or not there is the necessity of withholding
the Driver's License confiscated.
a. When the violator appears in Court within 15 days and pleads guilty, the
clerk of court shows the fine schedule and the violator pays the fine at the
Treasurer's Office.
b. If cleared for release, Driver's License returned to the driver
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II. TRAFFIC CITATION - is made of having violator appear in court without physical
arrest. The issuance of citation is the most common enforcement action by the
police This is an efficient system since the majority of violations with minor offenses
are punish promptly by paying their fine at an administrative body with a court
appearance. Or any traffic enforcement action contemplates trial adjudication or
disposition to determine the guilt or innocence of a person charged for a violation
when the individual record of which is kept by the police or some other official
agency for future reference.
The Traffic Citation is a ticket issued to an erring driver apprehended for
certain violations in exchange for his confiscated driver's license and stand as a
temporary driver's license for the period provided for in the face of the ticket. There
are three types of traffic citation such as Temporary Operator's Permit (TOP),
Traffic Violation Receipt (TVR), and Ordinance Violation Receipt (OVR).
1. TEMPORARY OPERATOR'S PERMIT (TOP) - A traffic citation used in the
enforcement of traffic management measures (DOTC MC No. 93-693) and
other special laws by the Land Transportation Office (LTO) Traffic Law
Enforcers (Flying Squad) and other deputized officers It is considered as a
temporary driver's license within the jurisdiction of the issuing agency (Entire
Philippines) for seventy-two (72) hours, upon its issuance. (Republic Act 4136
as amended).
2. TRAFFIC VIOLATIONS RECEIPT (TVR) - A traffic citation used in the
enforcement of traffic management measures (MMDA Traffic Ordinances) and
other special laws by the Metropolitan Manila Development Authority (MMDA),
Traffic Operation Center (TOC) Traffic Law Enforcers, and other deputized
officers. It is considered as a temporary driver's license within the jurisdiction
of the issuing agency (Metropolitan Manila) for seventy-two (72) hours upon its
issuance (Republic Act 7924).
3. ORDINANCE VIOLATIONS RECEIPT (OVR) - A traffic citation used in the
enforcement of traffic management measures (City and/or Municipal traffic
ordinances) and other special laws by the Local Government Units Traffic Law
Enforcers and other deputized officers under the Department of Public Safety
and Traffic Management and/or Manila Traffic and Parking Bureau in case of
the City of Manila. It is considered as a temporary driver's license within the
jurisdiction of the issuing agency (The Local Government Unit) for five (5) day
upon issuance (Republic Act 7160) Nure Executive Order 712 dated March 10,
2008, mandates the DOTC to come up with a single ticketing system in Mein
Manila.
THE APPREHENSION:
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THE USE OF THE TRAFFIC CITATION TICKETS (TOP, TVR AND OVR)
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TRAFFIC PATROL
• That part of police traffic supervision consists of driving and walking here and there
is an area or to and from on a road for traffic law enforcement and to provide traffic-
connected service to the public.
• It is also the observation of road conditions, the behavior of the drivers and other
users of vehicles for traffic supervision and law enforcement, and providing
authorized traffic-connected services to the public.
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• Stopping a violator must be done with consideration to your safety, the driver you
stopped, to other drivers and pedestrians.
• Approach the violator perfectly on the left side from the rear and be alert for the
unexpected.
• Do not extend your hand inside the motor vehicle when you are asking for the
driver's license or any identification card.
• Consider your strong arm when asking for a driver's license or any identification
card.
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OFFICER-VIOLATOR'S RELATIONSHIP
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• Decide what enforcement action you are going to take before you approach the
violator.
• Ask that the papers being requested be removed from the billfold or other container
• Have the driver hand the requested documents to you outside the window.
• Establish the identity of the driver and check the entries of both license and
registration papers for any possible fraud, or false identities, or falsifications.
TRAFFIC SUPERVISION - Keeping order on the street and highway within existing
regulations to make their use safe and expeditious. The following are police work:
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• Accident scene
• Other emergencies
• Planned special events
• Regular point and integration control
• Directing pedestrian’s movement
• Un signaled intersection
• Signaled intersection
• Between intersection
WHISTLE SIGNALS:
SIGNALING
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• OBJECTIVES:
1. Traffic Law Enforcer assigned to traffic control
a. Expected to indicate to drivers and pedestrians how, when, and where they
move.
b. An inexperienced traffic law enforcer immediately presents a problem of
communicating to the people what he wants them to do. This leads to chaos
and confusion and resulted in an impassable traffic flow.
2. The purpose of the instructions receive is to make the meaning clear to drivers and
pedestrians.
a. The instruction to start and to stop a given line of traffic must be clear.
3. Uniformity of signals and Gestures.
a. To all traffic law enforcement and volunteers.
4. Attire and appearance of a traffic law enforcer directing traffic.
a. Be in the official uniform
b. Clean-shaven, haircut, clean uniform, etc.
c. To enable the motorist and pedestrians to recognize the traffic law enforcer.
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d. The manner of his appearance and action either gains or loses the respect
of citizens.
• PRESENTATION:
A. Command of traffic:
1. Stand where you can be seen
a. Normally in the middle of the intersection
b. Exceptions
2. Postures and stances
a. Show that you mean business
b. Weight should be the same on each foot
c. When not signaling, hung at sides.
d. Do not face vehicles, you authorized to move and stand
sideways
B. Gestures used to stop traffic:
1. Point your arm and index finger and look straight to the driver you want to
stop and give him time to stop Them raise your hand only so your palm is
toward the driver
2. Repeat the process for traffic in the opposite direction.
3. Do not lower arms until vehicles from both directions stopped.
C. Gestures to start traffic moving:
1. Stand sideways toward the lanes of traffic in the opposite direction
2. Point your arms and index finger toward the vehicles you want to start. Hold
it until the driver sees you and with your palm up, swing your hand up and
over to your chin. Bend arm only at the elbow.
3. With one side started drop the arm to the side and raise the other arm and
repeat processes for an opposite lane.
4. Use signals when drivers are moving too slow or are hesitant in moving.
D. Right turn gesture:
1. Usually not required at an intersection
2. If required for vehicles to the right point arm at the vehicle, and then point
in the direction he is to move
3. Moving vehicles to your left for right turn you may bend your left arm at the
elbow and with thumb and forearm indicate movement
E. Two officers traffic direction:
1. Left turn vehicles from your left.
a. Stop vehicles from right and direct vehicles making a left turn
to proceed.
2. Left turn vehicles from your right
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a. Turn around facing direction, the vehicle will turn and use the
same procedure above.
3. Streets with only one available moving lane
a. Allow space for cars going straight and turning left
b. Direct the left turn cars with the proper finger, hand, and arm
motions e.g. point an index finger at the vehicle, arm out, get
his attention, point to spot near you where he is to stop, then
stop him with the palm of your hand.
c. Semaphore signals (Signaling arm properly, place it for the
driver to see, straight, the signal arm should be lighted).
F. Two officers traffic direction:
1. Occasional need for two men.
a. If need the first command must be given by the team leader
followed up by the member
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The traffic law enforcer assigned in a traffic post has complete responsibility and
commensurate authority in dealing with traffic flow. He is responsible for the following:
• Enforcement of traffic laws, ordinances, rules, and regulations without fear and
favor and assist the general public when necessary and requested.
• Keep in mind that in an intersection or any traffic post the following factors should
be considered on the placement of the traffic policeman.
a. The personal safety of the policeman/enforcer.
b. Visibility of the policeman/enforcer to traffic
c. Visibility of the traffic to policeman/enforcer
d. Non-obstruction to traffic by policeman/enforcer
e. Ability to effect necessary control.
f. Accessibility to persons wishing information or making complains
• The officer shall not leave his post during his hour of duty without permission,
except when properly relieved by another policeman/enforcer. In case of personal
necessity or required by the situation in any police emergency, he shall notify his
station before leaving and upon return to his post.
• He shall respond immediately to any emergency call, for police service within a
responsible distance of his post and if it cannot be done, he shall promptly notify
his station accordingly
• He must be calm and control his temper ever under trying and provoking
circumstances. In warning or correcting a person for a slight infraction of the traffic
regulations. He shall do so in a firm but brief and civil manner and without
obstruction to the flow of traffic or creating congestion
• Shall be in proper uniform, equipment and must personify the best image of the
policeman/traffic enforcement institution.
• In apprehending or issuing a citation to a traffic violator, one (1) minute shall be
the maximum time spent dealing with the offender.
• He must wear their official-issued identification card when undertaking traffic
duties.
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KINDS OF TRAFFIC
https://www.youtube.com/watch?v=HTk4sbdim2g
ENFORCEMENT ACTION
References:
Traffic management and accident investigation.
Deliso, Darlito Bernard 2014
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