Local government units have the power to craft ordinances imposing penalties on traffic violations, based on the mandates of the local government code.
The statement came as a dousing reality over the solution to the traffic enforcement problems in Bohol where the range of issues extend to notoriously ignorant drivers to non-road worthy vehicles plying the streets.
Fiscal Macario Delusa explained that any LGU can craft an ordinance on traffic rules and enforcement within the locality. But, he warned that these “should be consistent with the national lawsâ€.
Delusa was asserting legal information during a forum where Boholanos tackled traffic enforcement problems related to the apparent lack of traffic enforcement authorities at the Land Transportation Office.
The provincial prosecutor was also reacting to Board Member Brigido Imboy, who first complained about the on and off operations of deputized traffic agents.
Imboy was asking instead if an LGU can craft an ordinance regarding violations and that the LGU can apprehend motorists for these violations at the local levels.
With the LTO clearly undermanned, registrar Joel Maloloy-on admitted his office only has 22 personnel and its daily office operations entail a manpower of 16, leaving only six to do road operations.
With an augmentation of police as traffic deputies, LTO has managed to survive and perform, but only after it has deputized agents as force multipliers.
However, despite deputized agents, may observers still think that LTO and its deputized agents could not keep up with the tasks at hand.
Over this, Imboy has asked if a local legislation to help rid the streets of erring drivers and non-road-worthy vehicles by maximizing on local legislative powers.
Governor Edgar Chatto also stressed that “legislative powers of LGUS are not inherent but delegated by Congress, so it can be done but it should not contravene with the higher lawsâ€.
And so as not to tall into the trap of an ultra-vires legislation, Chatto advises LGUS to consult with Capitol research unit or the Provincial Legal Office before coming up with their measures. (racPIABohol)
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