1-Rider Party-list Rep. Bonifacio Bosita has filed a measure that seeks to compensate with cash motorists who have been wrongfully apprehended by traffic enforcers.
The spirit of the measure, House Bill (HB) No.3366, is consistent with the notion of fairness that Bosita has espoused in the past as the defender of drivers and riders.
The full title of HB No.3366 is, "An Act enforcing fair traffic apprehension, granting for the purpose compensation to drivers of motor vehicles for improper traffic apprehension and imposing administrative sanctions for erring traffic enforcement personnel."
The popular Bosita, founder of the Riders’ Safety Advocates of the Philippines (RSAP), has highlighted in the past the difficulties that motorists need to go through in case they want to challenge a traffic apprehension made against them.
https://mb.com.ph/2021/03/11/bosita-explains-why-he-rejects-nebrijas-due-process-on-wrongful-traffic-violations/
"Drivers, who are oftentimes under a 'no-work, no pay' policy, have to take a leave of absence from work to contest the improrer apprehension. Even if a favorable resolution on the contest has been issued by the traffic adjudication board, the driver is still left aggrieved and distraught," the neophyte congressman said in the bill's explanatory note.
Bosita lamented that such wrongful apprehensions result from the "lack of necessary knowledge by some enforcers in the implementation of traffic laws, rules, or regulations, or by intent for personal gains".
The measure provides that, upon the failure apprehending traffic enforcement personnel to prove the traffic violation, the traffic adjudication board will include in its decision the award of compensation to the complainant aside from dismissing the contested traffic apprehension.
The compensation is equivalent to the daily wage of the complainant multiplied by the number of times the driver took a leave of absence from work to contest the apprehension. If the driver is unemployed, the amount will be based on the prevailing minimum wage.
If the apprehension includes impounding of the motor vehicle, the driver will be entitled to an additional compensation regardless of the ownership of the vehicle impounded, equivalent to daily wage multiplied by the number of wheels of the vehicle and multiplied by the number of days of impoundment.
The erring traffic enforcer shall also pay for the expenses incurred for towing the motor vehicle, including the impounding fee and if any, the cost of the damage to, or missing parts of the vehicle.
The Bosita bill also tasks traffic enforcement authorities to establish a drivers’ compensation fund for the payment of compensation to drivers.
Administrative charges will also be filed against erring traffic enforcers behind the wrongful apprehension. Concerned officers who will fail to file the administrative case shall also be held accountable.