8

Chapter 2

REVIEW OF RELATED LITERATURE

This chapter contains the review related literatures which have relevance

to the problem encountered by city traffic enforcers in implementation against

colorum vehicle and authority response.

Charles Valadez were on patrol when they stopped a 1974 Honda

motorcycle towing a small plastic cart. There was an adult male driving the

motorcycle and another adult male crammed into the cart. Neither man was

wearing a helmet. When ECO Colesante exited his patrol vehicle, he noticed the

man in the cart trying to hide something. ECO Colesante immediately found a .22

caliber rifle hidden underneath the extended leg of the man in the cart. Lt.

Valadez found a live round in the chamber and unloaded the rifle. The 1974

Honda motorcycle, held together with duct tape, was unregistered and uninsured

(Didion, 2007).

The Mississippi Department of Transportation (MOOT) join the Federal

Motor Carrier Safety Administration to address the problem of unregistered,

overweight, out-of-service commercial vehicles continuing to operate on

Mississippi roads. The increased efforts are made possible by a $3.5 million

Commercial Vehicle Information Systems and Networks grant. The goal is to

make highways safer by using more efficient ways to inspect trucks. Measures

include the latest "smart" technologies such as roadside mobile applications

installed at a fixed weigh station on I-10, virtual weigh stations on secondary

roads used to bypass the fixed scales, and a mobile Smart Roadside Inspection
 9

System van with infrared capability for use in remote areas or on highways

without scales (“Mississippi implements”, 2011).

Real power in Bolivia often seems to lie with the transportistas, the owner-

drivers of buses and taxis who ferry people and goods around a big, sparsely

populated country of difficult geography and alarming roads. Twice in recent

months they have clashed with Evo Morales, the country's socialist president,

who has a record of successfully dispatching his political opponents. Both times

the transportistas have won. But this month the government performed a U-turn,

and declared a 25-day amnesty in which owners could register illegally imported

vehicles and pay a fine. That recognised reality. The ban notwithstanding,

Bolivia's roads are choked with unregistered vehicles, which skip road tax or use

false number plates. Last month the police chief was fired after it was revealed

that some of his officers were providing the plates (“Car crash”, 2011).

Stockbrokers who sell products that promise high returns without the

approval of their broker-dealers once again have become a leading concern for

state securities regulators. The practice, known as "selling away," is one of the

most common difficulties that independent and franchisee broker-dealers face in

their oversight of registered representatives. Leading franchisee and independent

broker-dealers, including Edward Jones, Raymond James Financial Services Inc.

have had former brokers investigated by states this year for their roles in alleged

selling-away schemes (“Selling away”,2011).

Department of Transportation and its partner agencies launched here the

Inter Agency Council for Traffic (I-ACT), a convergence that will help ensure
 10

safety, comfort and convenience of the riding public in the city’s main through

fares and other national roads in Cordillera and some parts of Northern Luzon.

DOTr Assistant Secretary for Special Concerns and i-ACT Task Force chief

Manuel Gonzales led other officials from the Land Transportation Office, Land

Transportation Franchising and Philippine National Police, Armed Forces of the

Philippines, Department of Environment and Natural Resources and private

volunteer groups in the signing of covenant for the implementation of the -ACT

mandate (“Philippine: interagency”, 2019).

The Commissioner of Police, Lagos State, Hakeem Odumosu, yesterday

advised owners of unregistered vehicles plying the state roads to register them or

risk arrest when caught. Saying the same warning goes to those whose plate

numbers had been defaced, Odumosu also told escort vehicles to register

their vehicles and get the right documents from the vehicles registry, saying

defaulters would be penalised. The police boss warned escort vehicles without

plate numbers and those illegally bearing plate numbers showing names, titles or

positions to desist from such a practice, adding that the wrath of the law would be

meted out on such offenders. He gave those who fall within the above-stated

categories a seven- day ultimatum to comply with the provisions of the law or

face enforcement (“Nigeria: Lagos police”, 2020).

Filipinos are fearful, they may soon have to say goodbye to the iconic

jeepneys millions of commuters ride every day. The Department of

Transportation is working on a modernization plan that is expected to replace all

jeepneys 15 years and older with electric vehicles, a step towards decreasing the
 11

country's carbon emissions. The newer models would also help ease traffic in

Manila by reducing the gridlock caused by) mechanical breakdowns of older

vehicles (“The economic Philippines”, 2017).

Savari announces completion and certification on passing EU Radio

Emissions Directive testing Auto Business News - 06 January 2020 Savari Inc, a

producer of vehicle-to-everything software and hardware for automobiles, road

infrastructure and cloud-based traffic management, has announced its

completion and certification for passing EU Radio Emissions Directive testing.

The company received certification for both its C-V2X MobiWAVE MW2000 on-

board unit (OBU) and its StreetWAVE 2000 roadside unit (RSU) products. The

MW2000 and SW2000 will be ready for shipment around March 2020 (“Savari

announces”, 2020).

Integrated Corridor Management (ICM) and active management (ATM)

has currently captured the practitioners' imaginations in the USA. ICM allows for

the integration of all facility types (freeways and arterials) and modes along a

specific corridor, and optimizes flow for all modes of transportation. ATM

optimizes the flow along a given section of freeway by utilizing hard shoulders as

an extra lane during peak hours, ramp metering, and variable speed limits.

Individually, each of these is a powerful tool in the hands of operators that can

significantly improve the quality and quantity of transportation capacity along

specific links and corridors. Various corridors have been identified for the

implementation of both ICM and ATM across the US, but to my knowledge there

has not been a corridor identified that incorporates both (Marcuson, 2013)
 12

France's Court of Auditors says regional express (TER)  passenger rail

services need major reform to increase traffic and reduce costs, and that only

three regions are ready to start tendering services the report.he French Court of

Auditors published a report on October 23 on the performance of regional

express (TER) passenger rail services, which carry about

900,000 passengers per day on 20,489km of the French rail network. The report

says that despite the French regions investing 3.3bn [euro] in rolling stock and

2.1bn [euro] in the network and stations between 2012 and 2017, patronage of

TER service fell during this period (Briginshaw, 2019)

A federal truck driving hours of service rule that goes into effect this week

leaves plenty of room for risk management. While the restriction on the time truck

drivers are allowed behind the wheel during their workday goes some way

toward easing concerns about driver fatigue, it could go a lot further. As reported,

the final version of the Federal Motor Carrier Safety Administration's commercial

drivers' hours of service rule now is in effect. The rule, which restricts driving to

11 hours within a 14-hour period, modifies previous regulations that allowed truck

drivers to drive for longer periods during a work period (“New truck driving”,

2009).

Because there's more to consider now than ever before--from what to buy

to how to drive to how to get your car to stop telling you how to drive (1) The

electric car is a thing now. Some are golf carts (Smart For two ED), some are

good at everything (Ford Focus Electric), and some make you want to sell your

kidneys to buy one (Tesla Model S). But they are no longer a novelty, just an
 13

option. (2) Sometimes you have to turn the nannies off. Since 2012, every new

car in America has been equipped with government-mandated electronic stability

control. Unlike a lot of government mandates, this is good stuff: software that

saves your ass on an ice-covered road but is also smart enough to keep a 600-

hp Corvette from spinning into a culvert if you don't know what you're doing. You

turn it off if you do know what you're doing in a 'Vette or if you're stuck in snow

and need to spin the wheels to get out (Smith, 2015).

Signs in the United Kingdom are specified by the Statutory Instrument

Traffic Signs, Regulations and General Directions (TSRGD) (DfT, 2002) and the

Traffic Signs Manual (DfT, 2004). TSGRD 2002 lists all signs and lines, usually

referred to by their 'diagram number' and any suffices which denote variations.

The signs manual contains the specifications for highway signs and lines,

including design, reflectivity and illumination requirements and sizing.

Manufacturers have been bringing a wider range of different qualities and

standards of reflective material for sign faces to the market in recent years, yet

Department for Transport guidance remains limited to two grades of material:

reflective or non-reflective (DfT, 2004). And the results have been used to

consider current practices in the positioning and specification of installed signs in

three counties in Northern England (Colville & Parkin, 2013).

HB 4086, entitled "An Act penalizing persons found to be operating or

owning motor vehicles identified as colorum and for other purposes. Its pending

With the House Committee on Transportation chaired by Hon. Cesar V.

Sarmiento Hon. Jesulito A. Manalo (Angkla Partylist), principal author of HB

 14

4086, laments that amidst the many public land transport mechanisms presently

in force, there are also numerous traffic and vehicular accidents that are

encountered, most of which result to injury and even loss of countless lives. One

of the patent causes of these accidents is the unabated and blatant operations

of colorum (“Philippines: stiffer”, 2015).

One of the patent causes of road tragedies is the unabated and blatant

operation of colorum or unauthorized public motor vehicles, which are considered

as menaces that further clog our roads," ANGKLA Party-list Rep. Jesulito A.

Manalo said. Manalo is author of HB 4086 or the proposed "Anti-Colorum Act"

which imposes the penalties of fines and prison terms. HB 4086 provides, among

others, that: (a) the owner and operator of a colorum vehicle shall be meted out

the penalty of imprisonment of prison correctional (six months and one day to six

years) in its maximum period or a fine, or both, subject to the discretion of the

trial court hearing the case. The schedule of fines shall be: 1) Public utility bus -

P1-million; 2) UV Express - P200, 000; 3) Taxi - P125, 000; and 4) Public Utility

Jeepney - P50, 000.In the event that the owner and/or operator is a juridical

person, the partners, in case of partnership, and the members of the board, in

case of a corporation, shall be held liable (“Philippines: Heavy”, 2014).

In line with President Rodrigo Dutertes firm stance

against colorum vehicles, the Department of Transportation (DOTr) will launch an

inter-agency task force that will implement a crackdown on all colorum

vehicles nationwide. The task force, which will be launched at the 4th floor

(Conference Hall), Land Transportation Franchising and Regulatory Board

(LTFRB), was established under the strict guidance of Transportation Secretary

 15

Arthur Tugade who, since day 1, has been actively campaigning for against the

imminent hazards posed by mere patronage of colorum PUVs (“Phiippines:

Dotr”,2018).

The city’s intensified campaign to rid its roads of colorum vehicles continues

to make headway. Pierre Galicia of the City Business Permit and Licensing

Division reported Public Order and Safety Office said, the stiffer inspection of

vehicles plying the city being conducted by traffic enforcers resulted to the

renewal of Motorized Tricycle Operators' Permit of 962 tricycles. The drive also

covers public utility vehicles (PUV) with 148 operators complying with the permit

renewal requirement. In the past, consideration has been extended but it seemed

some operators just deliberately ignore and refuse to cooperate with the city

programs, Galicia said. He warned that the city-LGU is bent on impounding non-

compliant units following reports that many operators still ignore this city

ordinance. Tricycles and PUVs must be properly registered with the Land

Transportation Office (Philippines: Tabuk”, 2019).

The Quezon City Government has partnered with the Land Transportation

Office (LTO) for the strict enforcement of the No Contact Apprehension Program.

Mayor Herbert Bautista and LTO Chief Gen. Edgar Galvante, recently signed a

Memorandum of Agreement (MOA) with the Land Transportation Office (LTO) for

closer coordination and implementation of the No Contact Apprehension

Program. Bautista said, there was an emerging need to interconnect the QC

Governments traffic apprehension database with the LTOs Information System

 16

on Motor Vehicle Registration System and/or Drivers Licensing System to ensure

effective traffic apprehension enforcement (“Philippines: QC”,2016).

The LTO assures that the new standardized plates will be issued to

motorists who have settled the payment as soon as the issue with COA is

resolved. The DOTC and the LTO rolled out the Plate Standardization Program

on May 2014 for newly registered vehicles. In January this year, the LTO issued

Memorandum Circular No. AVT-2014-1895, mandating vehicle owners to replace

their old license plates with the new standardized plates. The standardization

program aims to curb illegal practices such plate removal or switching which is

prevalent in carnapping and colorum public utility vehicles. It will also phase out

the nine various designs of license plates (“Philippines: LTO”, 2015).

The Department of Transportation - Land Transportation Franchising and

Regulatory Board (DOTr -LTFRB) today clarified that it is not singling out the

motor vehicles operated by Transportation Network Companies (TNCs) in the

government's anti-colorum drive. LTFRB Chairman Martin Delgra III said that the

national governments anti colorum operations have been relentless in order to

further improve traffic concerns not only in Metro Manila but also in other parts of

the country. The LTFRB head also doused the perception of some groups that

the government is biased in favor of other public transport providers. The anti-

colorum operations of the government have been relentless Hindi lang Uber at

Grab ang tinitira namin dito, Delgra told a press briefing at Malacanang Palace in

Manila (“Philippines: LTFRB”, 2017).

 17

This is the Land Transportation Franchising and Regulatory Board

(LTFRB) stance amid the online petition to lift the suspension against TNCs such

as Uber and Grab. The LTFRB clarified that ride-hailing services have not been

suspended. However, only those with Provisional Authority (PA) or Certificate of

Public Convenience (CPC) may be allowed to operate. The TNCs agreed to fully

comply with the rules at the time they were granted accreditation. With their open

and candid admission, it is clear that they have broken those rules grossly,

putting at risk the tens of thousands of TNVs without PA or franchise to commit

colorum activities, said LTFRB Chairman(“Philippines: Uber”,2017).

BRTs are game-changers. are as effective as rail systems in terms of

moving people around quickly and efficiently, but are much cheaper to build and

are faster to develop. Since they will be granted as concessions, their riders will

not be at the mercy of colorum vehicles or transport strikes. They will be spared

from unnecessary disruptions and unsafe traveling conditions, Abaya noted. The

BRT concept began in Curitiba, Brazil in 1974, but the BRT name and the system

s popularity did not come until it was introduced in Bogota, Colombia in 2000.

Currently, there are over 200 BRT systems either operating or being built

worldwide (“Philippines: Bus”, 2014).

The data was released by LTFRB through Twitter as a response to the

Senator's query on "selective crackdown" on Transport Network Vehicle Service

(TNVS) providers but not on abusive taxi drivers and colorum units. Earlier this

week, LTFRB suspended the accreditation and operations of TNVS provider

Uber System, Inc. (Uber) for a month, citing several violations. "It's not a
 18

crackdown if you compare 618 impoundings in a year when transport groups'

estimate of colorum vehicles is at one million in the entire country," Hontiveros

said. "LTFRB's data prove exactly my point: they are carrying out a selective

crackdown to the detriment of the riding public (“Philippines: Hontiveros”, 2017).

RA.4136, mandates that all motor vehicles shall registered by its owner

before the designated district office of the land transportation office. Law

enforcement officers should keep themselves abreast with the proper procedures

of registering vehicles for them to easily identify unregistered motor vehicles or

motor vehicles having expired registration. On the other hand, motor vehicles

owners as well should be aware for provisions on motor vehicle registration to

avoid unnecessary delays and penalties whenever registration-related

apprehensions occur, private or not for hire, these motor vehicles used for

personal used only (Delizo, 2009).

The concept of land transportation system in the Philippines started when

our ancestors invented means of locomotion’s. The early means of transportation

used was animals in moving people and goods from place to place. Although the

means of the land transportation during the early were not as sophisticated as

the modern vehicles of todays and the road were as well constructed, the early

Filipinos also observe from forms of laws to govern their mobility. The laws were

as informal and simple as specifying which animal could be used for certain

purposes. However the existence of these rules showed that our ancestors had

already felt the need to regulate the transportation system. As early as 1910, few
 19

motor vehicles were seen operating in the public roads and highways in manila

and suburbs (Valdueza, 2013).

Article 1732 of civil code makes no distinction between one, whose principal

business activity is the carrying of person’s goods or both. And one who does

such carrying only as an ancillary activity (in local idiom, as sidelines”). Article

1732 also carefully avoids making any distinction between a person or enterprise

offering transportation service on a regular or scheduled basis and one offering

such service on an occasional, episodic or unscheduled basis. Neither does

article 1732 distinguish between carrier offering service to general public , the

general community or population, and one who offers services or solicits

business only from a narrow segment of the general population. We think that

article 1732 deliberately refrained from making such distinctions (Caltex Phil’s, in

vs. court of appeals (Perez,2010).

Oct 05, 2017 the Zimbabwe Republic Police has launched a nationwide

all unregistered motor vehicles code-named "No to unregistered vehicles". The

police said they were concerned that some unregistered cars were being

involved in hit and run accidents and criminal activities. Police manning

roadblocks and on patrol around the city had by Tuesday afternoon impounded a

number of vehicles and were packed at various police stations including Harare

Central Police Station. National Traffic Section spokesperson Inspector Tigere

Chigome said unregistered vehicle owners should abide by all traffic regulations

and should not assume that the 14-day period to register was a license to drive
 20

around. According to the Vehicle Registration and Licensing any vehicle to be

used on the road should be registered by the owner (“Blitz Target”, 2017).

Police in Harare have impounded 240 unregistered vehicles on April

09,2012 as they clampdown on errant motorists. The impounded cars are at

various police stations in the city and will only be released after the owners have

been fined and obtained the required documents. Harare provincial police

spokesperson Inspector James Sabau said that the vehicles were impounded

between Saturday and yesterday. He said the operation was continuing until

sanity prevailed on the country's major roads. "We realised that some of

these unregistered vehicles were behind a spate of criminal activities while

others have been involved in accidents and we have been failing to account for

them since they were not registered," Insp Sabau said. Motorists should abide by

all traffic regulations and the 14-days period was not meant for vehicles to be on

the roads (“240 unregistered”, 2012).

There are several cars in Harare that do not have registration numbers

while most are suspected to have been used in criminal activities, making it

difficult for police to trace them. Police said once such vehicles are stolen, it

would be difficult to track them. Harare provincial police spokesperson Inspector

James Sabau yesterday said the vehicles were impounded under Operation

Name Tag Phase Three. "This operation was necessitated by an increase in the

number of vehicles that were being driven without number plates. “This has

resulted in members of the public losing valuables to robbers using vehicles

without number plates after being offered lifts. “Armed robbers have been using
 21

some of these vehicles as getaway cars after robbing members of the public.

Cases of hit-and-run accidents involving vehicles without number plates have

been on the increased (“Police impound”, 2011).

More than 500 000 vehicles on the country's roads are not registered and

their owners risk losing them to government if they are not registered by

December”, Transport and Infrastructural Development Minister Dr Obert Mpofu

said yesterday. Most of the unregistered vehicles are those that were distributed

to various government departments by the Reserve Bank of Zimbabwe during

the farm mechanization program around 2006. Zimbabwe has an estimated 1.2

million vehicles according to the Zimbabwe National Roads Administration

statistics. Speaking on the sidelines of a tour of Airport Road, which is being

constructed by zinara in Harare yesterday, Minister Mpofu said parliamentarians

also constituted a significant number of motorists with unregistered vehicles in

the city (“Govt. to confiscate”,2015).

Chief police spokesperson Senior Assistant Commissioner Wayne

Bvudzijena said yesterday that they would soon launch an operation to curb this.

“We are going to impound such cars and we are not going to announce when,

but it will be imminent," he said. The blitz will incorporate visiting the premises of

car dealers. Snr Asst Comm Bvudzijena said, the only unlicensed foreign

vehicles allowed on the roads were those in transit to other countries. ’’Those

staying in the country should be registered in accordance with the law and within

the stipulated time," he said. Imports should be registered within 14 days of

entry.Snr Asst Comm Bvudzijena said, new imported vehicles should be driven
 22

from border posts to prescribed places of registration. Criminals were taking

advantage of the situation to move freely on the roads (“Illegal to drive”, 2010).
 23

Chapter 3

METHODOLOGY

This chapter presents the research methodology which includes the

research design, research instrument, locale of the study, respondents and

sampling used, data gathering procedure, and statistical tools used.

Research Design

The Researchers used correlational survey because the main objective of

the researchers wass to determine whether there is a relationship between the

problems encountered by city traffic enforcers in implementation against colorum

vehicles and authority’s response. According to Creswell,2008 correlational

research designs are used by the investigators to describe and measure the

degree of relationship between two or more variables or sets of score.

In this study, the problems encountered by city traffic enforcers in

implementation against colorum vehicles and authority’s response was

determined first, then, a test was conducted to find out whether a relationship

exists between the variables of the study.

Locale of the Study

This research work was conducted in the downtown of General Santos

City specifically in Barangay West.

Research Instrument

The researchers used a questionnaire in gathering data to determine the

problems encountered by city traffic enforcers in implementation against colorum

 24

vehicles and authority’s response. It was presented to the adviser for the

correction and the experts were requested to scrutinize and validate the content

of the instrument.

Respondents and Sampling Used

The respondents of the study were all traffic enforcers on how they

response on preventing colorum vehicles entering public highways. Random

sampling method was used to determine the respondents of the study.

Data Gathering Procedure

The researchers observed the following steps in data gathering:

Asking permission to conduct the study. The researchers wrote a letter

the head of Traffic Management Office, asking permission to conduct the study.

Distribution of Questionnaire. Upon the approval of the letter request,

the researchers personally distributed the survey questionnaire to the

respondents.

Retrieval of the Questionnaire. The researchers personally collected the

questionnaire as soon as the respondents accomplished them.

Collation and Tallying of Data. The data from the retrieved questionnaire

were then collated, tallied and submitted to the researcher`s statistician for

statistical treatment.

Statistical Treatment of Data

The following statistical measures were used to answer the problem:

Frequency count was used to tally the responses of the respondents.

 25

Mean was used to determine the problems encountered by city traffic

enforcers in implementation against colorum vehicles and authority response.

There’s a significant relationship between Problems encountered by city

traffic enforcer and authority response.

26
 27

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 29

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