Lawmaker seeks hearing on NCAP, pause on implementation
1-Rider party-list Representative Rodge Gutierrez on Tuesday sought the suspension of the No Contact Apprehension Policy (NCAP) and an inquiry into authorities' preparedness to implement the measure, citing lingering unresolved issues.
The NCAP, implemented by the Metro Manila Development Authority (MMDA), is designed to enforce traffic regulations through automated camera systems.
In House Resolution 2293, Gutierrez described the lingering issues hounding the NCAP since before a temporary restraining order (TRO) was placed on it in 2022 as "including but not limited to: the lack of a clear legal framework, concerns on due process, the accuracy and integrity of the surveillance system, enforcement transparency, accessibility of violation records to motorists, penalties and fines, and mechanisms for redress and appeals[.]"
The Supreme Court partially lifted the TRO last week.
'We have always had questions on NCAP implementation. This involves issues of fairness and due process. We have to remember the concerns about it in the past such as unclear lane markings, conflicting road signs and delayed issuance of notice of violation and the accumulation of penalties,' Gutierrez told reporters.
'These were the original concerns in 2022 but because the Supreme Court issued a TRO, the policy was suspended. And now the Supreme Court partially lifted the TRO for those roads under MMDA jurisdiction. We waited to see if the NCAP implementation will be any different now since the TRO was lifted, but it would appear that the lifting of the TRO is not so much in relation to any remedies that were done, but more on the appeal of the MMDA that it will be required for EDSA rehabilitation,' Gutierrez, a lawyer, added.
The NCAP, Gutierrez said, cannot proceed as it is.
'This is not to say that NCAP is a bad thing. NCAP's goal is good, but the problem lies in the implementation because at least, sa nakikita po namin, walang pagbabago 'yung [as far as we can see, there is nothing new in the] implementation ng NCAP according to the MMDA. We need a public hearing on this to see the real status of its implementation,' he said.
Gutierrez added that roads are not equipped with necessary signages. Furthermore, notices of violation are sent belatedly, which makes it very hard for motorists to contest or settle since the fine has already accumulated.
"Just outside the House of Representatives, the road markings along Commonwealth Avenue are confusing. Palagi may asphalting, wala pang lane markings, so paano po yun? Of course, sabi po nila that they vow to be fair. Pero mahirap na po 'yun," he said.
(there's always asphalting, and there are no lane markings, so how would that work? Of course, they said they vow to be fair. But that's hard to see.)
"For [another] example, may pothole 'yung gitna. Ang gusto, ang usual allegation is dapat diretso pa. Kung solid line, dapat diretso lang. Pero kung may pothole na iiwasan, notice for violation,' he added.
(In another example, there's a pothole in the middle of the road. What they want is for motorists to go straight, if it's a solid line. But when you avoid the pothole, you get a notice for violation.)
'And at least for me, the biggest transgression is due process, 'yung sobrang tagal po ng notice of violation [when the notice of violation takes so long to get to the motorist]. Kung maalala po natin [If we can recall], there's this one instance of a van which was issued a notice of violation so belatedly, after a year, so the fines are already worth P100,000. These are the things we'd like to avoid, that we'd like to study again, and that's why we are seeking this hearing,' Gutierrez added. — BM, GMA Integrated News
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