I called Chito Visarra yesterday, 2/11/13, about his firm stand on the Motorcycle Helmet Act or RA 10054 that only in the fourth and succeeding offenses will the driver’s license be confiscated. He was very proud to say that he was correct to the point of being insulting that he didn’t want to listen to reason. He was, really basing on the law under Section 7 that stipulates only in the fourth & succeeding offenses will the driver’s license be confiscated but his basis is wrong that made him incorrect in his stand.. LTO’s MC No. 515-2004 stipulated the TOP or Temporary Operator’s Permit shall be used in apprehension OF ALL VIOLATIONS and it is strictly required to be issued to the apprehended driver/operator at the site and time of apprehension! Based on this LTO’s MC, every apprehension shall be issued a corresponding TOP, and TOP is issued in lieu while the Driver’s License is confiscated. So, in this RA 10054 upon first offense, TOP will be issued while the Driver’s License is confiscated as mandated by MC No. 515-2004! That’s the SOP, and the LTO Registrars were correct on this matter when questioned last Friday. Let us bear in mind that the LTO was directed by Law to issue guidelines necessary to implement the provisions of this Act and the guidelines is in placed already by TOP MC.. Why? If the Driver’s License will not be confiscated, what is the guarantee of the LTO that this erring driver will present himself at the Office to pay the fine for the corresponding penalty upon the given settlement/grace period? And no other form is available from LTO to issue against the erring driver but the TOP. Thus, this provision of the LAW of Section 7 that only in fourth and succeeding offenses will the confiscation of the Driver License is done, is incorrect! And Chito Visarra stand is incorrect.