1. What is TOP?
TOP means Temporary Operator’s Permit. Pursuant to Memorandum Circular No. 515-2004 dated 25 May 2004, TOP shall be used in apprehension of all violations and it is strictly required to be issued to the apprehended driver/operator at the site and time of apprehension.
2. What is an IRMV?
IRMV means Impounding Receipt of Motor Vehicle. It is issued if the motor vehicle was impounded. IRMV is accomplished by the apprehending officer 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 serves as driver’s temporary license within 72 hours or 3 days only.
4. How many days is the validity of the TOP?
72 hours or 3 days is the validity of the TOP, unless specified for a shorter period of time.
5. Can TOP be extended after 72 hours or 3 days after its validity?
No. There is no extension of TOP after 72 hours or 3 days.
6. When can an apprehended operator/driver settle his case?
An apprehended operator/driver can 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, it will cause the suspension/revocation of his driver’s license.
8. Where will the apprehended operator/driver settle his case?Can he settle his case in any LTO Regional/District Office?
The place of settlement of apprehension is indicated in the TOP (middle portion). Not all apprehended operator/driver is allowed to settle his case in any LTO Regional/District Office.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 LTO Regional/District Offices, he will 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 does the apprehended operator/driver determine the amount of the fines/penalties as well as the accessory penalties of the violation/s indicated in the TOP?
The corresponding amount of the fines/penalties as well as the accessory penalties are determined by the Traffic Adjudication Service based on the violations specified in the TOP and through the LTO-IT system.
10. What is an Admitted Case?
An admitted case is a case wherein the apprehended operator/driver admits the violation/s cited in his TOP.
11. Can the apprehended operator/driver protest the violations charged/cited in his TOP to deny the violations and/or to lessen the payment of the fines/penalties?
Yes. An apprehended operator/driver may protest the violations specified in the TOP. This is a contested case.
12. What is a Contested Case?
A contested case is a case wherein the apprehended operator/driver signifies his intension to oppose to the violations indicated in the TOP. It should be acted upon with dispatch by preparing the summons both for the apprehending officer and respondent. The apprehending officer shall have been summoned at least once with proof of service for clarification purposes. Violation/s listed in the TOP and/or encoded in the LTO-IT system shall be dropped/dismissed provided that the apprehended driver/operator presents sufficient documentary evidence to warrant its dismissal and/or if the violations cited in the TOP are interrelated or common.
Common violations - Obstruction and Disregarding Traffic Sign (DTS)
Interrelated violations – Out of Line and Breach of Franchise and No Panel Route Painted
13. Can the confiscated items such as the driver’s license and/or motor vehicle plates be immediately released to the apprehended operator/driver after the payment
of the fines/penalties?
Yes.The confiscated items may be immediately released after the payment of the corresponding fines/penalties provided that there is no accessory penalty/s and/or suspension indicated in the Resolution and/or Judgment.
If the apprehended operator/driver is required to attend the seminar/exam before the release of the confiscated items, the accessory penalty is the seminar/exam.
14. Can the impounded motor vehicle be immediately released by the apprehended operator/driver after the payment of the fines/penalties?
Yes.The motor vehicle may be released after the payment of the corresponding fines/penalties provided that there is no accessory penalty/s and/or suspension stipulated in the Resolution and/or Judgment.
If the violation is unregistered motor vehicle, the operator/driver is required to surrender first the two (2) motor vehicle license plates before the release of the apprehended unit.The accessory penalty is to register the motor vehicle before the release of the surrendered plates.
15. Who will determine as to when will the apprehended operator/driver pay the accessory fine of One Thousand Five Hundred (P/1,500.00) pesos per day for the
violation of Colorum or Out of Line?
Based on Department Order No. 2008-039, the accessory fine of one thousand five hundred (P/1,500.00) pesos per day applies only to impounded motor vehicles (issued IRMV) with violation of Colorum or Out of Line. The Traffic Adjudication Service (TAS)/Operations Division determine the accessory fine of P/1,500.00 pesos per day.Collection of the said accessory fine covers the period from the time the apprehension case was encoded in the LTO-IT system (Posting Date) until the settlement of the case.
16. What is Technical Impounding?
Technical impounding is the confiscation of both the driver’s license and the two (2) motor vehicle license plates at the time of apprehension instead of impounding the motor vehicle.
17. Is the accessory fine of One Thousand Five Hundred (P/1,500.00) pesos per day also applies to Technical Impounding?
No.The accessory fine of one thousand five hundred (P/1,500.00) pesos per day does not apply to technical impounding.
18. When will a suspension of a confiscated item such as driver’s license and/or motor vehicle plate/s be lifted in order to be released?
The confiscated item/s shall only be released after serving the required suspension.
Colorum (1st offense) violation - driver’s license and motor vehicle plates will be suspended for three (3) months.
19. Do all apprehended operator/driver required to attend/undergo the seminar and exam?
No.Not all apprehended operator/driver is required to attend/undergo the seminar and exam.Seminar and exam is an accessory penalty and only apprehended operator/driver who committed running violations such as but not limited to Disregarding Traffic Sign (DTS), Reckless, Obstruction, Illegal Parking, etc…. and private or for hire motor vehicles are required to undergo the seminar and exam.
20. What is an LES Clearance?
An LES Clearance or Law Enforcement Clearance is a Certification issued by the LTO Law Enforcement Clearance Unit to the operator and/or authorized liaison officer/personnel.
21. When is an LES Clearance required?
LES Clearance is required only in securing duplicate motor vehicle license plate/s and windshield stickers/year tags.
22. Does an LES Clearance apply to private and for hire motor vehicles?
LES Clearance applies only to for hire motor vehicles.
23. Is an LES Clearance a requirement in securing a duplicate Driver’s License (DL) /Official Receipt (OR) / Certificate of Registration (CR)?
No. An LES Clearance is not a requirement in securing a duplicate DL/OR/CR.