If a driver’s license is confiscated, motorists are issued a temporary operators’ permit, which remains valid for a duration of 72 hours. Additionally, motorists are required to submit a written contest within five days from the date of apprehension. Failure to do so will result in automatic admission, while written contests will be resolved within five days of submission. Fines, on the other hand, can only be settled within 15 days from the date of apprehension. Failure to comply will lead to an additional 30-day suspension of the driver’s license.
Settling a traffic violation with the Land Transportation Office (LTO) is a process you need to know, but hopefully won’t ever experience. Nevertheless, it’s one experience that is bound to happen to every newbie car owner at one point or another, so it’s best to learn how to deal with it when it happens.
Dealing with fender benders, spilled drinks, maintenance hiccups, or any traffic violation is relatively simple. Just stay calm and cooperate with the apprehending officer so as not to cause disruption of traffic and worsen the problem. Settling the violation may require you to take time off, so you need to learn about how long it takes to settle one to prepare accordingly.
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Settling a Traffic Violation with LTO
Though some violations need to be settled with the Metro Manila Development Authority (MMDA), some traffic violations can be settled with the LTO. There are two types of apprehensions—admitted and contested—which can be settled with the LTO. Both types are unpleasant and we’re pretty sure having your car towed or your driver’s license confiscated by enforcers while the public looks at you with unpleasant and incriminating eyes is something you won’t want to even imagine.
Nonetheless, apprehensions are apprehensions. They will need to be settled one way or another, that is, if you wish to continue driving legally using your own car. You can learn more about settling admitted apprehensions as well as contested ones, using the guide to settling admitted apprehensions and the procedures for settling contested apprehensions that we have prepared for you.
Who Needs to Know How Long it Takes to Settle LTO Violations?
The only ones who need to know how much time or how many days it takes to settle LTO apprehensions are the apprehended drivers, conductors, and operators.
How to Settle Apprehensions with the LTO
Pursuant to LTO Memorandum Circular 515-2004 dated May 2004, LTO apprehensions from all types of violations entail receiving a Temporary Operator’s Permit (TOP) which is strictly required to be issued to the apprehended driver at the site and time of apprehension. With the TOP serving as a temporary license and a violation note, drivers may continue working for up to 72 hours or three days only.
To settle the violation, the apprehended driver would need to visit the LTO office indicated in the middle portion of the TOP to settle his case within fifteen (15) days from the date of the latest apprehension. This remains true provided that the apprehension is reported and encoded in the LTO-IT system. Do note, however, that not all apprehended drivers are allowed to settle his case in any LTO Regional/District Office. In Metro Manila, LTO apprehensions must be settled in person at the LTO Traffic Adjudication Service, in the LTO Central Office, East Avenue, Quezon City or at any concerned LTO Operations Division as specified in his TOP.
How Many Days Does it Take to Settle an Apprehension Via LTO
You have up to 15 days to settle a violation from the date of apprehension.
If your driver’s license is confiscated, you’ll be given a temporary operator’s permit that’s valid for 72 hours. Plus, you’ll need to submit a written contest within five days from when you were apprehended. Don’t forget, if you don’t do it, you’ll automatically be considered guilty. The good news is, written contests will be resolved within five days of submission. Now, when it comes to fines, you’ll have 15 days from the date of apprehension to settle them. If you don’t, your driver’s license will be suspended for an additional 30 days.
The procedures to settle doesn’t require much. With a complete set of requirements, it takes about 30 minutes to settle simple admitted apprehensions, whereas auto-contested barely takes about an hour and 8 to 18 minutes at the LTO office to complete the procedures.
Note that this estimated time doesn’t include waiting in lines. This does include waiting for the LTO Officer of the day to complete the evaluation of requirements as well as the preparation of the Payment Order Slip and the completion of procedures and releasing of whatever document was confiscated during the apprehension. Do note, however, that if the apprehension requires taking LTO exams, Motor Vehicle (MV) inspection, or reorientation seminar training as a consequence of the violation, then the time to complete the procedures may be longer than this, depending on the exam, inspection, or seminars that are required.
In cases when an apprehended driver protests the violations specified in the TOP, it becomes a contested case wherein the apprehended operator or driver expresses his intention to oppose the LTO violations. This type would take even more time, as it requires the Traffic Adjudication Service (TAS) to act upon the dispute with dispatch by preparing the summons both for the apprehending officer and complainant.
The apprehending officer shall be summoned at least once with proof of service for clarification purposes. Some type of violation may require summary hearing or procedure so the violation/s listed in the TOP and/or encoded in the LTO-IT system shall be investigated and dropped/dismissed provided that the apprehended driver/operator presents sufficient documentary evidence to hours, and 55 minutes (if it requires a summary procedure).
How Much Time Does the Apprehended Driver/Conductor/Operator Have to Settle his Violations?
Apprehended drivers, conductors, or operators are issued a TOP with a 72-hour validity. That said, common sense dictates settling the violation within this period, at least if the apprehended driver, conductor, or operator does not intend to lose out on days when the vehicle can’t be driven. Nevertheless, in cases when three days seems too short, apprehended drivers, conductors, or operators are actually allowed up to fifteen (15) days from the date of the last apprehension to settle the violation at the LTO.
What Will Happen If The Apprehended Operator/Driver Failed To Settle His Case Within 15 Days From The Date of Apprehension?
If the apprehended driver, conductor, or operator failed to settle his case within 15 days from the date of apprehension, then they can expect high possibility of suspension or revocation of their license.
Frequently Asked Questions (FAQs)
For your reference, here are some common questions and answers related to settlement of apprehensions at the LTO:
1. What is TOP?
TOP refers to the Temporary Operator’s Permit, a ticket of sorts issued to apprehended drivers, conductors, or operators tagged with a violation at the site and time of apprehension. It is issued pursuant to Memorandum Circular No. 515-2004 dated 25 May 2004 and can be used as a temporary license for up to 72 hours.
2. What is an IRMV?
IRMV means Impounding Receipt of Motor Vehicle. In cases when violations resulted in the impounding of your vehicle, the IRMV serves as a receipt signed by the apprehending officer from the LTO and validated by the Motor Vehicle Custodian (MVC) assigned at the impounding area.
3. Can TOP be temporarily used as a driver’s license of the apprehended operator/driver?
Yes. TOP is issued not only as a violation receipt but also as a driver’s temporary license valid within 72 hours or 3 days only.
4. How many days is the validity of the TOP?
The TOP is only valid for a maximum of 72 hours or 3 days though in some cases, it is specified for a shorter period of time.
5. Can TOP be extended after 72 hours or 3 days after its validity?
No. Unfortunately, there is no way to extend the validity of the TOP after 72 hours or 3 days. That said, it is in your best interest to settle the apprehension in as fast as you can to avoid suffering from the damage of having to take time off.
6. When must an apprehended operator/driver settle his case?
An apprehended operator/driver must settle his case within 15 days from the date of apprehension provided the apprehension is reported and encoded in the LTO-IT system.
7. What will happen if the apprehended operator/driver failed to settle his case within 15 days from the date of apprehension?
If the apprehended driver/operator failed to settle his case within 15 days from the date of apprehension, then he or she can look forward to potential suspension/revocation of his driver’s license. Do note, however, that the violation can still be settled after serving the suspension.
8. Can apprehended operator/driver settle his case in any LTO Regional/District Office?
No. Apprehended drivers or operators can only settle his apprehensions at the LTO office indicated in the TOP (middle portion). Not all apprehended operator/driver is allowed to settle his case in any LTO Regional/District Office, too. If he was apprehended within Metro Manila, he will appear at the LTO Traffic Adjudication Service (TAS), Central Office, East Avenue, Quezon City to settle his case. But, if he was apprehended in other regions or areas, then the LTO Regional/District Offices will do. He just needs to appear at the concerned LTO Operations Division as specified in his TOP.
Note: An apprehended operator/driver may settle his case in any LTO Regional/District Office IF his violation/s is included in the list of the “LETAS Settle Anywhere”.The Traffic Adjudication Service (TAS) / Operations Division may determine it through the LTO-IT system.
9. How to check on the amount of the fines/penalties as well as the accessory penalties of the violation/s indicated in the TOP?
The full amount of the fines/penalties as well as the accessory penalties are determined by the Traffic Adjudication Service (TAS) based on the violations specified in the TOP and through the LTO-IT system. In case you want to check, just log into your account at the Land Transport Management System (LTMS) portal. If you don’t have one, you may learn how to register an LTMS account soon.
10. Are all apprehended operators/drivers required to attend/undergo the seminar and exam?
No. Not all apprehended operators/drivers are required to attend/undergo the seminar and exam. The seminar and exam are only accessory penalty and only apprehended operator/driver who committed running violations as well as private or for hire motor vehicles are required to undergo the seminar and exam.
Summary
Having a driver’s license is a privilege. As such, you are expected to be responsible in using it. In cases when you aren’t, then you can pay for your violations by spending time, money, and effort on settling them. Once you have acquired your license based on your abilities and your agreement with the law, it is important for you to equip yourself with proper knowledge of your duties and rights as a driver.
