Did LTO and DOTr say they can't establish legality of speed radar?
Use of speed radar/gun not yet legal
As a driver or motorcycle rider who is duly licensed by the Land Transportation Office (LTO), we are all aware of following the prescribed speed limits on national, secondary and tertiary roads, as well as the speed limits on expressways.
Authorities must use a device to properly measure the vehicle or motorcycle’s speed, such as a speed gun or speed radar.
However, it seems that these speed-measuring devices have not yet been established as speed-measuring devices since Republic Act 4136 or The Land Transportation and Traffic Code was signed in June of 1964.
During the House Committee on Transportation inquiry today, June 27, 2024, Leyte 4th District Representative, Cong. Richard Gomez, asked the LTO and the Department of Transportation (DOTr) what devices are used to distinguish the actual speed of an oncoming vehicle (or motorcycle) on the road. LTO Director Francis Almora explained the prescribed speed limits on all types of roads.
When Cong. Gomez clarified how these agencies know if the vehicle or motorcycle is in fact overspeeding, it was determined that speed guns are the speed measuring device that they use.
“Papaano nyo nalalaman na overspeeding ang isang sasakyan? Ano ang ginagamit nyo pang measure o pang sukat? Mata mata lang ba ito or turo turo lang ‘uy, mabilis oh’, or what equipment do we use?”
(How would you know if the vehicle is overspeeding? What measuring device are you using? Do you only use your eyes or just estimate by pointing your finger 'hey, that's fast' or what equipment do we use?)
The LTO, being the primary enforcer of traffic laws, through Dir. Almora, answered Cong. Gomez’ question by saying it should be the speed gun.
“Under the law, is the speed gun acceptable? Or is there any law in the Philippines that allows us [authorities] to use a speed gun?” rebutted Cong. Gomez.
The LTO, the DOTr, as well as the Philippine National Police (PNP) all responded that there are currently no laws that establish speed guns (or similar speed measuring devices) as means to apprehend overspeeding vehicles and or motorcycles.
“So, gumagawa tayo ng mga speed limits sa kalsada, pero hindi natin alam kung nagba-violate sila? Kahit tayo mismo na nagmamaneho, alam natin, nakikita natin na may speed limit, [but] it doesn’t matter kung sumo-sobra tayo because we can always question it in court if nahuli tayo ng overspeeding,” said Cong. Gomez.
(So. we have speed limits and yet we do not know if motorists violate them? Even us who drives know and see that there are speed limits but it doesn't matter if we go over the limits because we can always question it in court if we are apprehended for overspeeding.)
Cong. Gomez has proposed the Committee on Transportation to come up with a House Bill to legalize the use of speed guns or similar devices as speed measuring devices to apprehend overspeeding violators.
