ILOILO City – Should public utility vehicle drivers not wearing face shield or facemask be penalized for reckless driving?
Since Aug. 15, 26 jeepney drivers here have been apprehended by agents of the Land Transportation Office (LTO) for not wearing face shield. They were made to pay a fine for reckless driving.
The Sangguniang Panlungsod (SP) wanted to be clarified. A resolution it passed yesterday sought a dialogue with officials of LTO and Land Transportation Franchising and Regulatory Board (LTFRB) in Western Visayas.
“Is not wearing a face shield a health issue or a traffic issue? I agree that wearing face shield is a necessary health precaution (against the coronavirus disease 2019). However, I disagree that not wearing face shield is tantamount to reckless driving,” said Councilor Romel Duron.
Fining a driver for reckless driving because he was not wearing facemask and/or face shield is inappropriate, unreasonable and illegal, said Duron.
“That is tantamount to illegal exaction. A person is being fined inappropriately. LTO should clearly explain this properly to the public,” stressed Duron.
Under Republic Act No. 4136 (Land Transportation and Traffic Code) and Joint Administrative Order No. 2014-01 of the Department of Transportation, a driver is reckless when he or she drives a vehicle without any reasonable caution.
This includes not considering traffic situation, road width, crossing or pedestrian, curves, grades, visibility, and any other highway, weather, and atmospheric conditions.
However, LTO Memorandum Circular No. 2020-2185 which took effect on May 12, 2020 made it mandatory for public transport drivers and passengers to wear facemask. Not doing so, it stated, would be considered reckless driving, too, and a breach of franchise.
On the other hand, LTFRB’s memo 2020-031 issued on Aug. 1, 2020 made mandatory the wearing of face shield in addition to facemask.
The mandatory use of face shield aims to provide the riding public with an additional and essential layer of protection to reduce the risk of spreading the coronavirus disease 2019.
Duron said drivers not wearing facemask or face shield may be penalized but the reason should not be reckless driving.
Richard Osmeña, director of LTFRB in Western Visayas, recently said his office would strictly enforce the face shield policy.
The following are the current penalties for reckless driving:
* 1st offense – P2,000
* 2nd offense – P3,000 and suspension of driver’s license for three months
* 3rd offense – P10,000 and suspension of driver’s license for six months
* Subsequent offense – P10,000 and revocation of driver’s license
A revoked non-professional driver’s license shall be disqualified from being granted a license for two years.
On the other hand, a revoked professional driver’s license shall be perpetually disqualified from getting any driver’s license./PN
