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DoTC admits lack of power to punish snobbish cabbies
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By JC BELLO RUIZ

Despite the much publicized "Oplan Isnabero" campaign, officials of the Department of Transportation and Communications (DoTC) Action Center admitted yesterday that they do not have the power to penalize erring taxicab drivers.

The DoTC "Oplan Isnabero" campaign involves the deployment of traffic enforcers in malls as well as airports all over the country to go after taxi drivers who refuse to convey passengers and those who practice "contracting" wherein the drivers ask their passengers for a specific fare without using their meters.

Alexander Lumen, the chief of the DoTC Action Center’s Complaints and Public Assistance Group, said that since department personnel do not have law enforcement function, they could not penalize outright erring taxicab and other public utility drivers.

Now that DoTC Action Center hot line 7890 has been disseminated to the public as the number to be called for complaints on abusive PUV drivers, Lumen said they are apprehensive that the complainants might be disappointed if their complaints are not quickly acted upon.

Lumen said they could summon the erring driver and the complainant for a hearing of their case at the DoTC Action Center headquarters in Mandaluyong City.

But determining the penalty for the driver, if proven guilty, would still be referred to the Land Transportation Office (LTO), if the offense was the driver’s fault, or to the Land Transportation Franchising and Regulatory Board (LTFRB) if it was the operator’s fault.

"We don’t know if the penalty we recommended will be imposed by the LTO or the LTFRB," Lumen said, adding that in many cases, the penalty is questioned by the LTO or LTFRB.

The DoTC Action Center used to have the power to issue traffic citation tickets to erring drivers and operators, but that power has been taken away from the Center by the DoTC.

"As much as we would want to satisfy complainants by immediately penalizing the erring driver when he is found guilty of his wrongdoing, we cannot do that. But hopefully, next year we will be allowed to have at least two LTO-deputized agents which could immediately penalize the erring driver. This way, justice will immediately be served to the victim," Lumen said.

In a memorandum issued last June 2, DoTC Secretary Leandro Mendoza directed the Action Center to focus its functions and responsiblities in rendering assistance to the public through the operation of the DoTC Action Center hotline 7890 and public assistance help desk.

Mendoza ordered the Action Center to "cease from doing any function relating to traffic management and law enforcement which are both under the jurisdiction of the LTO and the Metropolitan Manila Development Authority."

In another order dated June 29, 2006, Mendoza directed the DoTC Action Center to cease from issuing traffic violation tickets to erring drivers and operators, stop conducting special operations on traffic management/law enforcement, and cease conducting seminars and orientation for drivers.

Lumen said they received 143 complaints against erring PUV drivers from Dec. 1 to Dec. 17. "Ninety percent" of the complaints, he said, are against erring cabbies for overcharging, contractual, and refusal to convey violations.

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