SOSIA issues advisory on the confiscation of driver’s license by security guards
Hey readers! Has any security guard confiscated your driver’s license in recent times? The latest news and details below deserve your attention.
The Supervisory Office for Security and Investigation Agencies (SOSIA) issued on June 15 a new advisory signed by Acting Chief Police Colonel Sidney N. Villaflor regarding the confiscation of driver’s license by security guards. This is pursuant to Republic Act Number 4136 (An Act to Compile The Laws Relative To Land Transportation and Traffic Rules, To Create a Land Transportation Commission and For Other Purposes) regarding the power to secure and/or confiscate drivers licenses are lodged under the capacity of LTO personnel and others who are duly deputized by the said Agency.
Below for your viewing and reading is the picture of the June 15, 2020 advisory from SOSIA.
Item #2 on the advisory states as follows: This pertains to incidents wherein security guards deployed in private villages and subdivisions require the drivers of vehicles to surrender their driver’s licenses prior entering the premises, as directed by the Home Owners Associations’ (HOAs’) leadership.
Item #3 makes clear that the power to secure and/or confiscate driver’s licenses are lodged under the capacity of personnel of the Land Transportation Office (LTO), and others who got deputized by the said Agency.
Item #4 is the hot one and it makes clear who or what organizations do NOT have any authority to confiscate driver’s licenses. It reads as follows: the HOAs and the security guards of subdivisions, villages and condominiums are not authorized under traffic laws to take custody, even on a temporary basis, the license issued by the LTO.
For more insight, Section 29 of RA 4136 states as follows:
Confiscation of Driver’s License. – Law enforcement and peace officers of other agencies duly deputized by the Director shall, in apprehending a driver for any violation of this Act or any regulations issued pursuant thereto, or of local traffic rules and regulations not contrary to any provisions of this Act, confiscate the license of the driver concerned and issue a receipt prescribed and issued by the Bureau therefor which shall authorize the driver to operate a motor vehicle for a period not exceeding seventy-two hours from the time and date of issue of said receipt. The period so fixed in the receipt shall not be extended, and shall become invalid thereafter. Failure of the driver to settle his case within fifteen days from the date of apprehension will be a ground for the suspension and/or revocation of his license.
Item #5 clarifies that drivers of vehicles entering the above stated properties may present to the security guards any valid ID cards issued by the government. As such, the security guards are supposed to be professional in their work while being courteous to everyone.
Here in South Metro Manila, the cities of Parañaque, Las Piñas and Muntinlupa have a lot of subdivisions or villages combined. From time to time, I saw written feedback by other uses on social media that some incidents occurred in which drivers trying to enter a village had no choice but to surrender the driver’s license because other government-issued ID cards (example: COMELEC ID card) were not accepted by the security guard at the gate.
Now that the SOSIA June 15, 2020 advisory above makes clear that HOAs and security guards are not authorized to confiscate driver’s licenses at all, drivers are more protected. In fact, Section 19 of RA 4136 specifically states: The license shall be carried by the driver at all times when operating a motor vehicle, and shall be shown and/or surrendered for cause and upon demand to any person with authority under this Act to confiscate the same.
So there you have it, my readers, SOSIA’s June 15, 2020 advisory is a big reminder when it comes to the driver’s license and encountering security guards.
If anyone of you motorists was forced to surrender your driver’s license to an insistent security guard when trying to enter or was traveling inside a private subdivision, please feel free to inform me about it privately (send me a message at Carlo.Carrasco@gmail.com) or by commenting below if you want to express it openly.
Also feel free to print a hard copy of this article (which includes the picture of the June 15, 2020 SOSIA advisory) to bring with you when traveling to other villages. Thank you.
This article was published for public information related to travel and local communities.
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