Temporary Operator’s Permit: How to Settle TOP
The Land Transportation Office has strict driving rules that every motorist must follow. Violating a traffic rule leads to a fine, demerit points and confiscation of driver’s license and vehicle. When the license is confiscated, the officer issues a Temporary Operator’s Permit (TOP) to the motorist.
The TOP works as a receipt of traffic violation, the evidence of license confiscation and a temporary permit to drive the motor vehicle for 3 days.
What is Temporary Operator’s Permit (TOP)
The Temporary Operator’s Permit (TOP) is a paper receipt issued to you when your driving license is confiscated for committing a traffic violation. It works as a temporary replacement of your driver’s license for 3 days. Moreover, you need to show the TOP while making payment of fines and finally, you need to submit the TOP to LTO to claim your driver’s license back.
Type of Temporary Operator’s Permit
There are mainly two types of temporary operator’s permit called Manual TOP and Electronic TOP. Let me explain each type in brief.
1. Manual Temporary Operator’s Permit (Paper TOP)
The Manual TOP is a paper permit issued from an LTO Booklet by the Apprehension Officer. The officer stops the motorist if they have committed a violation, then the officer fills up the Paper TOP using the motorist’s driver’s license and gives the TOP to the motorist, while the officer confiscates their license.
2. Electronic Temporary Operator’s Permit (e-TOP)
The Electronic TOP is a digital version of a temporary operator’s permit. The apprehension officer uses a POS like mobile device to scan driver’s license of the motorist and generate the e-TOP (electronic permit) to give the motorist and confiscate their license for the violation conducted.
Temporary Operator’s Permit Validity
The temporary operator’s permit comes with a validity of 3 days from its issuance. During this validity period, the motorist can still drive a motor vehicle, but once the TOP validity is over, they are not allowed to drive any vehicle anywhere in the Philippines.
If you take a look on your temporary operator’s permit, it has clearly stated the validity period of 72 hours. The TOP Validity starts from the time the apprehension officer issues the permit to you. So, you have a legal right to drive your vehicle 72 hours after receiving a TOP.
What If I Drive a Vehicle after TOP Expires
The Land Transportation Office has clearly mentioned the validity of 72 hours in your temporary operator’s permit (TOP). It means that your TOP expires in 72 hours of its issue date & time.
If you drive a motor vehicle after TOP expired then the LTO will consider you as driving without a valid license. This is a serious traffic violation in the Philippines.
If you get caught driving with expired TOP, you will be charged with ₱3,000 fine, 3 demerit points and the apprehension officer may impound your vehicle. Moreover, your license will remain confiscated until you settle both the old and the new apprehensions/violations and pay all the fines.
Can I Contest the Violation/Apprehension?
Yes, you can contest the violation/apprehension if you believe that it was wrongly imposed on you or you have a valid reason for conducting that violation. You must file a written contest within 5 days of the temporary operator’s permit issued.
If you fail to contest the violation in 5 days, the LTO will consider it as you have accepted the violation and you agree with it.
How to Contest Apprehension
In order to contest the apprehension, you must visit the LTO Office (branch) mentioned on the temporary operator’s permit (TOP). You need to file a written contest with your name, driver’s license details, vehicle details, TOP details, violation date & time and place details.
At the end, you need to share the facts and reasons for which you have contested the violation/apprehension. You can attach supporting images or documents that can work as an evidence to prove your point that the apprehension on you was wrong.
After you submit the contest against apprehension at LTO Office, the LTO will take up to 5 days to respond. The LTO may either approve your request and withdraw the apprehension or reject your request and you have to pay the fine to settle the apprehension to claim your driver’s license back.
15 Days Deadline to Settle Apprehension
Starting from the date your TOP is issued, you have 15 days to settle the apprehension with LTO. If you fail to pay the fine and settle the apprehension in 15 days, your driver’s license will be automatically suspended for 30 days (one month).
If you want to contest the apprehension, you must do it in first five days of TOP issued. In case your contest request is rejected by LTO then you must settle the apprehension by paying the said fine amount at the LTO Office in 15 days of TOP issued date.
How to Settle TOP Apprehension
The Land Transportation Office provides two ways to settle TOP apprehension. For minor violations, you can settle (pay) the fine online at LTO/LTMS Portal. But for all other violations, you have to visit the concerned LTO Office and settle the fine in-person.
- Settle TOP Apprehension Online at LTO Portal
- Settle TOP Apprehension In-person at LTO Office
In addition, if you choose to settle the apprehension by paying the fine online, you will still have to visit the LTO Office to claim and collect your Original Driver’s License. So, I suggest you to prefer the in-person method as it takes only one visit to the LTO Office.
Wrapping Up:
The Temporary Operator’s Permit is a replacement of your driver’s license but only for 72 hours from the issued time. If you want to contest the apprehension, you must do it in 5 days of TOP issuance otherwise the LTO won’t accept it.
As per LTO Rules, you must settle the apprehension and pay the fine in 15 days of TOP issue date. If you fail to settle it in 15 days, your driver’s license will be suspended for 30 days.
In case you still have a query or question, you can ask it in the comment section given below. Kindly refer the FAQs and their answers shared here to learn more about temporary operator’s permit and rules related to TOP/e-TOP in the Philippines.
