DOTR order halting license confiscation risks road safety

Digital advocacy group Digital Pinoys has warned that the Department of Transportation’s (DOTR) recent directive to the Land Transportation Office (LTO) to stop confiscating driver’s licenses could significantly weaken traffic law enforcement, citing serious technological deficiencies in current enforcement systems.

In a statement released Jan. 13, Digital Pinoys National Campaigner Ronald Gustilo criticized the DOTR memorandum, saying it strips the LTO of one of its most effective compliance tools without providing a viable alternative.

“You cannot take away a core enforcement tool when the replacement system is not sufficient. This memo weakens enforcement at a time when road discipline and public safety demand stronger controls, not weaker ones,” Gustilo said.

The DOTR memorandum instructs the LTO and its deputized enforcers to cease the confiscation of driver’s licenses during apprehensions, shifting instead to a post-apprehension enforcement model. However, Gustilo said this assumes a level of technological readiness the LTO has yet to achieve.

He explained that the current system lacks real-time databases, handheld verification devices, or fully interoperable enforcement platforms. As a result, on-the-ground traffic enforcers have no immediate means of verifying whether a driver’s license is valid, suspended, or revoked.

“Imagine allowing a driver whose license should have been confiscated to remain behind the wheel. Even if a license is revoked after several days, enforcers currently have no reliable way to verify that in real time. Drivers can continue presenting a license without fear of detection, putting other road users at risk,” Gustilo said.

The group warned that these systemic gaps could lead to higher rates of non-compliance, repeat offenses, and fragmented enforcement protocols across jurisdictions, ultimately threatening public safety.

Digital Pinoys urged the government to prioritize the modernization of the LTO and the broader traffic enforcement ecosystem. Key reforms proposed include the procurement of modern handheld enforcement tools, secure and interoperable software systems, centralized real-time violation databases, and digital adjudication and payment systems. The group also emphasized the need for comprehensive training for traffic enforcers, covering technology use, due process, and data privacy.

“Modernization is not a press release—it requires tools, systems, training, and time. Until those are in place, removing existing enforcement mechanisms is reckless,” Gustilo added.

Beyond implementation issues, Gustilo also raised legal concerns over the scope of administrative authority. He argued that a department memorandum cannot nullify penalties imposed under existing laws without legislative amendment.

“A memo cannot overrule an act of Congress. If the law is to be changed, it must be done through Congress, not by administrative fiat,” he said.

As of this writing, the DOTR has not publicly responded to the concerns raised by Digital Pinoys.