Traffic enforcers can’t confiscate licenses
The Land Transportation Office (LTO) has clarified that traffic enforcers deployed by local government units (LGUs) have no legal authority to confiscate the driver’s license of a motorist, contrary to a recent statement issued by the city government of Bacoor.
In a statement on Thursday, the LTO said existing policies only allow traffic enforcers in LGUs to issue citation tickets to motorists, adding there is no legal basis for them to confiscate driver’s licenses.
The agency noted that it is “currently implementing Memorandum Circular No. 001-2026 of the Department of Transportation (DOTr), which establishes the policy that prohibits the confiscation of a driver’s license at the moment of apprehension.”
“In compliance with the order, law enforcement officers deputized by the LTO have temporarily stopped the confiscation of driver’s licenses of motorists that violate traffic laws,” LTO said.
Limited authority
It also pointed out that administrative issuances from the DOTr and Department of the Interior and Local Government, including Joint Memorandum Circular No. 01 issued in 2008, recognizes that traffic enforcers of LGUs may issue citation tickets but cannot confiscate driver’s licenses.
The LTO also cited jurisprudence by the Supreme Court which does not give traffic enforcers the authority to confiscate driver’s licenses.
“The LTO continues to encourage all LGUs, traffic enforcement agencies and motorists to follow existing laws and regulations to ensure the equal, orderly, and fair implementation of traffic rules across the country,” the agency said.
LTO made the clarification following a statement from the Bacoor city government reminding residents that its traffic enforcers are “duly authorized to confiscate driver’s licenses of motorists who violate traffic laws within the city” under City Ordinance No. 11‑2019.
