*Traffic Laws, Rules and Regulations and Other Related Statutes

*Important Provisions of R.A. 4136 and its

amendments*Registration of motor

vehicles*Driver’s Licenses

Traffic Laws, Rules and Regulations and Other Related Statutes

-the mass of the traffic laws, rules and regulations have their source in laws, Presidential Decrees (P.D.s), Executive Orders (E.O.s), Letters of Instructions (L.O.Is), Administrative Orders and Implementing Memoranda and other Special Laws relative to traffic operation and traffic law enforcement. As a traffic law enforcer, it is essential that you should be familiar with these rules and regulations.

Republic Acts (R.A.s)

R.A 4136. This is the basic law regulating land transportation in the Philippines. It has repealed Act no. 3992. Further, as amended by R.A Nos. 5715, 6374, PD Nos. 382, 843, 896, 1057, 1934,1950, 1958, BP Blg. 43, 74 and 398.

R.A 6539. The act which is known as the “Anti Carnapping Act of 1972”, the act preventing and penalizing carnapping.

R.A 5448. Act imposing a tax on privately owned passenger automobiles, motorcycles and scooters, and a science stamp tax, to constitute a special science fund defining the programs, projects and activities of science agencies to be financed there from and for other purposes.

R.A 8749. Also known as the “Clean Air act” which regulates emission of toxic gases of both gasoline and diesel engines and bans the use of leaded gas for gasoline engines.

R.A 8750. It provides for the attachment of seat belts for all types of motor vehicles and imposes penalty for the non-compliance thereof.

R.A 7924. The Act creating the Metropolitan Manila Development Authority, defining its powers and functions, providing funds therefor and for other purposes.

Presidential Decrees (P.D.s)

P.D No. 96. Regulating the use of sirens, bells, horns, etc.,, by prohibiting the attachment of any siren, horn bell, etc. on motor vehicles which produce unusual or startling sounds as well as blinkers and other similar devices unless the vehicle belongs to the AFP, NBI, LTO, PNP, BJMP, hospitals and Fire Departments and are specifically intended for use in emergencies.

P.D No. 101. Expediting the methods of prescribing, redefining or modifying the lines and modes of operations of public utility motor vehicles in the Philippines.

P.D No. 207. Declaring as part of the laws of the Philippines the Vienna Convention on Road Traffic, Signs and Signals.

P.D No.612. Requiring compulsory insurance for all types of vehicles against third party liability as an additional pre-requisite for registration by the LTO.

P.D 1686. Imposing a tax on every motor vehicle equipped with air conditioner.

P.D 1181. Providing for the abatement of air pollution from motor vehicles and for other purposes.

P.D 1605. Granting the Metropolitan Manila Commission certain powers related to traffic management and control in Metropolitan Manila providing penalties, and for other purposes.

P.D 98. Regulating the insurance of license plates of all motor vehicles.

P.D 109. Modifying P.D 98.

P.D 1729. Authorizing the Bureau of Land Transportation to dispose of impounded motor vehicles unclaimed by owners for a certain period of time.

P.D 1730. Declaring the syndicated printing, manufacture, distribution, possession or use of fake official Bureau of Land Transportation forms, documents, plates and stickers as offenses involving economic sabotage.

Letters of Instruction (L.O.I.s)

L.O.I No. 43. Providing for the removal of all impediments on roads, streets and highways such as constructions, stalled or parked vehicles and other movable property that obstruct free passage. This LOI abrogated city or municipal ordinances governing the disposition of traffic on city and municipals streets throughout the country.

L.O.I No. 112. Prohibiting freight and cargo trucks from using roads, highways and bridges whose load capacities are in excess of specific allowable limits.

L.O.I No. 229. Requiring all motor vehicle owners, users, or drivers to have in their possession at all times while driving at least one (1) pair of early warning device (EWD) for use when the vehicle is disabled on roads, streets and highways or other emergencies compelling the vehicle to be on stop position.

L.O.I No. 716. Every motor vehicle to equip at least a pair of early warning device.

L.O.I. 551. Directing the law enforcement agencies to implement the pollution Control Program.

L.O.I 853. Calling for the National Tripartite Conference to consider the establishment of viable labor-management relations based upon the “boundary” system in land transportation.

L.O.I 1009. All owners of private motor vehicles who desire to stop operating or using their numbers plates and registration certificates to surrender to BLT.

L.O.I 1071. Owners and/or operators of motor vehicles

are authorized to pay the annual premiums for the insurance of their motors vehicles on quarterly basis.

Departments Orders (D.O.s)

DOTC D.O.88-305. Rules of pleadings, practice and procedure for appeals on franchising, fare rates charges and other related matters pertinent to land Transportation Public Utilities.

D.O. 93-693. Revised Schedule of Administrative Fees and charges of the Land Transportation Office.

Administrative and Special Orders

Administrative Order No. VIII, S-1968, LTC. Requiring the towing and impounding of stalled motor vehicles on public highways and the imposition of corresponding fees thereof.

Administrative Order No. 1, S-1973, LTC. Prescribing guidelines and procedure in implementation of PD No. 96.

Administrative Order No. 1, S-1975, LTC. Laying down the specific rules and action in the imposition of uniform fines and penalties for violations of the provision of R.A.4136.

Special Order No. 101-IRM, LTC. Enumerating and identifying various city streets where parking is prohibited.

Memorandum Circulars› LTC Memorandum to All Patrol Officers. Deputies and

Agents – dtd 09 august 1975. Directing that motor vehicles whose loads are rice, cereals, fertilizers and other prime commodities are not to be apprehended and stop on roads and highways except only in cases of serious violations.

› LTC Memorandum Circular No. 33. Dated 12 September 1972. Providing guidelines in the apprehension of illegally parked motor vehicles.

› LTC Circular No. 15, dated 19 January 1972. Regulating and laying instructions in the use of Special Commemorative Motor Vehicle Plates.

› M.C 94-199. Aide-memoir regarding retention and authority by LTO to regular motorized tricycles under R.A 4136, and guidelines to implement devolution of LTFRB’s Franchising Authority over TC’s per R.A 7160 issued by DOTC.

› M.C 94-188. Issuance of driver’s license to disabled persons.

› M.C. 92-146. Re-implementation of LOI 229, as amended by LOI 479 directing the installation of early warning devices of motor vehicles.

› M.C. 94-192. Diesel smoke emission test for motor vehicles.

› M.C. 90-020. Directing all public land transportation service operators and drivers to display in any conspicuous place of their vehicles the authorized fare matrix for the specific route granted them to avoid conflict.

› M.C. 93-011. Enjoining all public utility operators to use garage instead of public places or side streets in parking their vehicles.

› M.C 94-002. Sanctions on operators arising from the violations of their drivers.

› M.C. 94-209. Clarificatory guidelines for the registration/operation of new private vehicles particularly in the use of conduction sticker.

Executive Orders (E.O.s)› E.O 125. Reorganizing the DOTC, defining its

powers and functions and for other purposes.

› E.O.266. Providing for two service units in the office of the Asst. Sec. for land Transportation in the DOTC (Law Enforcement Service-LES and Traffic Adjudication Service-TAS), defining the powers and functions thereof and for other purposes.

› E.O. 202. Creating the Land Transportation Franchising and Regulatory Board (LTFRB).

› E.O. 248. Empowering the Land Transportation Commission to control and supervise the operations of motor vehicle driving schools.

Other Special Laws, Statutes, etc.

› Batas Pambansa Blg. 344 (B.P. 344). Act to enhance the mobility of disabled persons by requiring certain buildings, institutions, establishments and public utilities to install facilities and other devices.

› Memorandum Unnumbered Dated July 13, 1992. Early Warning Device (EWD) not a requirement for registration.

› SC BarsLawmen from Removing Car Plates (187 SCRA 432).

A. IMPORTANT PROVISIONS OF R.A 4136

Motor Vehicle. Shall mean any vehicle propelled by any

power other than muscular power using the public highways, but excepting road rollers, trolley cars, street-sweepers, sprinkles, lawn mowers, bulldozers, graders, fork-lifts, amphibian trucks, and cranes if not in used in public highways, and traction engines of all kinds used exclusively for agricultural purposes.

Passenger Automobiles. Shall mean all pneumatic tire vehicles of types

similar to those usually known under the following terms: touring car, command car, speedster, sports car, roadster, jeep, cycle car (except motor wheel and similar small outfits which are classified with motorcycles), coupe, landaulet, closed car, limousine, cabriolet, and sedan.

Articulated Vehicle. Shall mean any motor vehicle with a trailer

having no front axle and so attached that part of the trailer rests upon the motor vehicle and a substantial part of the weight of the trailer and of its load is borne by the motor vehicle. Such trailer shall be called as “semi-trailer.”

Driver. Shall mean every and any licensed operator of a

motor vehicle. Professional Driver.

Every and any driver hired for driving or operating a motor vehicle, whether for private use or for hire to the public. Any driver driving his own motor vehicle for hire is a professional driver.

Owner. The actual legal owner of a motor vehicle, in whose

name such vehicle is duly registered with the LTO. Dealer.

Every person, association partnership, or corporation making, manufacturing, constructing, assembling, remodeling or setting up motor vehicles; and every such entity acting as agent for the sale of one or more makes, keeping the same in stock or selling same or handling with a view to trading same.

Gross Weight. The measured weight of a motor vehicle plus the

maximum allowable carrying capacity in merchandise, freight and/or passenger, as determined by the Commissioner of the LTO.

Highways. Every public thoroughfare, public boulevard, driveway,

avenue, park, alley and callejon, but shall not include roadway upon grounds owned by private persons, colleges, universities, or other similar institutions.

Parking or Parked. Shall mean that the motor vehicle is parked or parking if

it has been brought to a stop on the shoulder or proper edge of a highway, and remains inactive in that place or closed thereto for an appreciable period of time.

Tourist. A foreigner who travels from place to place for pleasure

culture.

B. Selected Provisions of R.A.4136

Exceeding Registered Capacity (OVERLOADING)

Passengers, freight or cargo load of a motor vehicle should not be more than its registered carrying capacity. Conductors of public utility trucks or buses are held liable for the overloading of vehicles under their charge.

Cargo Carrying Devices. The construction of devices for carrying cargo

at the rear or sides of trucks may be allowed, subject to the approval of the commissioner but the total net weight of the device, including cargo, must not exceed 100 kilos.

Riding on Running Board. It is strictly prohibited, except for

conductors collecting passengers fare.

Riding on the Top of the Motor Vehicle.

Passengers shall not be allowed to ride on top of motor vehicles, but baggage or freight may be carried on top of the truck, provided that the weight thereof is not more than 20 kilos per square meter distributed in such a way as not to endanger passengers or vehicles stability.

Required Motor Accessories. Every motor vehicles when operated on a traffic

way should have the following specified accessories:

Tires- Motor vehicles having metallic tires are prohibited from operating on any public highway. If the tires are solid, it should be thick enough to present the metal rims from touching the roads.

Brake- Every motor vehicle with four (4) or more wheels shall be provided with dual hydraulic brake system so that in case of hydraulic line failure affecting the braking efficiency of any of the four (4) wheels at least either the front or rear wheels shall retain normal braking capabilities.

Horns- Every motor vehicle shall be provided with a horn or signaling device in good order. Provided, however, that no horn or signaling device emitting exceptionally loud, startling, or disagreeable sound shall be installed or used on any motor vehicle.

Headlight- The vehicle should have two (2) headlights, one on each side, which must be dimmed when meeting another vehicle.

Tail Lights- installed at the rear portion of the vehicle, this should be visible at least 100 meters away.

Stop Lights- installed also at the vehicle’s rear.

Red lights are prohibited at the forward portion of the vehicle. Motorcycles must have one head lamp and one tail lights. Lights should be put on when vehicle is parked or disabled. Appropriate parking lights or flares are required for vehicles when parked or disabled in such a way as not to endanger passing traffic.

Windshield Wiper. Every motor vehicle shall be equipped mechanically or electrically operated device for wiping off raindrops or other moisture from its windshield.

Use of Red Flag- Whenever the load of any vehicle extends more than one (1) meter beyond the bed or body thereof, there shall be displayed at every projecting and of such load, a red flag not less than 30 cms. Both in length and width, except that during the hours fixed under sub- section, there shall be displayed, in lieu of the red flag, red lights visible at least 50 meters away.

Mufflers- Every motor vehicle propelled by an internal combustion engine shall be equipped with a muffler, and whenever said motor vehicle passes through a street of any city, municipality, or thickly populated district or barrio, the muffler shall not be cut out or disconnected. No motor vehicle shall be operated in such a manner as to cause it to emit or make any unnecessary or disagreeable odor, smoke or noise.

Hitching on to a Vehicle. The following practices are prohibited : Hanging on- to or riding on the outside

or rear end any vehicle. Holding on- to any moving vehicle

whether on foot or otherwise. Driver allowing any person to hang on

or ride outside of or at the rear end of the vehicle.

Driving while under the influence of liquor or other prohibited drugs.

> It is absolutely prohibited to operate any motor vehicle under the influence of liquor or other prohibited drugs.

Obstruction of Traffic. Obstruction of traffic by operating a motor

vehicle in such a manner as to obstruct, block, or impede the passage another vehicle is prohibited. This prohibition applies even when discharging or loading passengers.

Duties of Driving in case of Accident.

In the event that any accident should occur as a result of the operation of motor vehicle upon a highway, the driver shall observe the following :

  Stop immediately. Show his driver’s license to inspecting

traffic law enforcer. Give his true name and address, including

that of the owner of the vehicle. Assist injured persons. Take measures to protect belongings of

passengers. Report the accident.

When could the driver leave the area of accident without being held liable for HIT-AND-RUN?

His life is in imminent danger of being harmed by other person/s by reason of the accident;

He surrenders to proper authority; and

He summons the assistance of physician or nurse to aid the victim.

REGISTRATION OF MOTOR VEHICLES

R.A. 4136 mandates that all motor vehicles shall be registered by its owner before the designated District Offices of the Land Transportation Office. Law enforcement officers should keep themselves abreast with the proper procedures of registering motor vehicles for them to easily identify unregistered motor vehicles or motor vehicles having expired registrations.

On the other hand, motor vehicle owners as well as drivers should be aware of the provisions on motor vehicle registration to avoid unnecessary delays and penalties whenever registration-related apprehensions occur.

Classification of registered Motor Vehicles.

Private (not for hire) - These are motor vehicles use for the personal use of their owners.

Public Utility Vehicle (for hire)- These are registered primarily for the conveyance of passengers and other commercial goods.

Government- These are the motor vehicles owned by the government offices and is used for official use purposes only.

Diplomat – These are issued to foreign diplomats and consuls assigned in the Philippines.

Plate numbers – Upon registration, motor vehicles are assigned with plate numbers. The letter and numeral prefixes as well as the assigned colors are based on the date and place of registrations and purpose of the registered motor vehicle.

Green with white background – Issued to private or not for hire motor vehicles.

Black with yellow background – Issued to PUVs. Red (maroon) with white background – Issued to

government owned MVs. Blue with white background – Assigned for foreign

diplomats, consuls, and other foreign dignitaries. Commemorative plate - These special plate

numbers are issued for specific purposes such as fund-raising for government projects and programs.

Last Digit of Plate Number

Middle Digit of Plate Numbers

Weekly Deadline (working days of the month only)

1. Jan2. Feb3. Mar4. Apr5. May6. Jun7. Jul8. Aug9. Sep10.Oct

1 2 3 4 5 6 7 8 9 0  

1 2 3 4 5 6 7 8 9 10 11 12 13 14

15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31  

•Schedule of Registration – Registration of motor vehicles should be done annually which follows the numerical suffixes of their plate numbers. Note: Vehicles must be registered one month in advance of weekly deadlines. For motorcycles, used the 3rd digit. Example; Plate Number – TNG 984The above motor vehicles shall be registered in April every year because the last digit is “4” and the day of registration falls in April 15-21 since the middle digit is “8”.

Letters Prefixes on Plate Numbers. The letter prefixes indicates: Place of initial registration of the motor vehicle; Year if initial registration and the possible year

model of the registered motor vehicle could be determined from the order of the letter prefixes, i.e., the higher the letters the later the year of registration and year model of the motor vehicle.

Example: Vehicle 1 = PLT 255 Vehicle 2 – TNU 636

Special Plate Numbers for Government Officials Between the above motor vehicles, Vehicle 1 was

registered earlier than Vehicle 2 and possibly, Vehicle 2’s model is later than Vehicle 2.

President of the Philippines Vice President of the Philippines Senate President, etc.

DRIVERS LICENSES

Driving a motor vehicle in the Philippines as in other countries is NOT a right but a privilege granted by the Philippine Government through the LTO based on Republic Act 4136 and Batas Pambansa Blg. 398. Further, it is a privilege which may be suspended or revoked.

Driver’s License. A document issued to a qualified driver

who possesses the statutory qualification as provided therefore. It is also a public document which has the legal presumption of genuineness.

Duty to procure License. Sec.19 of R.A. 4136 states that no person shall operate

any motor vehicle without first procuring a license to a drive for the current year. To be effective the hands of its holder, it must not be delinquent, invalid, suspended or revoked and should be carried at all times and shall be shown or surrendered for cause when demanded by a person authorized by R.A 4136 to inspect the same.

Confiscation of Driver’s license. Sec.29 of R.A 4136 mandates that a driver’s license may

be confiscated for violations of R.A 4136, the rules and regulations issued by the commissioner and local traffic rules and regulations.

When a driver’s license is confiscated for any reason, the traffic enforcer must, however, issue a receipt (temporary Operator’s Permit (TOP) which is good for 72 hours within which the driver may be continue to operate his vehicle. Failure to settle the case within 15 days will cause suspension or revocation of the license.

Types of Licenses, Procedures and Requirements.

A driver is licensed by the LTO as proof of his proficiency in driving his knowledge of road rules and regulations while operating a motor vehicle. Upon proving his proficiency and knowledge, he will be issued a document the form of the following licenses:

International Driver’s License. Bonafide tourist and transients

who are duly licensed to operate motor vehicles in their respective countries may be allowed to operate motor vehicles during their stay but not beyond 90 days of their sojourn in the Philippines. The applicant must submit the following requirements:

The original foreign license plus a photo copy of the same license.

In the event that the foreign license is written in the language of the license holder other than ENGLISH, a translation of the contents of the license into ENGLISH from the embassy from which license was issued.

In the event that the applicant applies for a license or if his foreign license is expired at the time that the application is filed, the applicant will have to undergo both a WRITTEN EXAMINATION AND AN ACTUAL ROAD TEST.

An application form filled by the applicants.

Military Driver’s License. Enlisted personnel of the AFP operating

motor vehicles owned by the government shall be licensed in accordance with R.A. 4136 but no license or delinquency fees shall be collected thereof.

All licenses so issued shall bear the words “FOR GOVERNMENT VEHICLES ONLY” plainly marked or stamped in red inks across the face thereof. A Military Driver’s License does not authorize the holder to operate a privately-owned motor vehicle.

Professional Driver’s License. This licensed is issued to a driver hired or paid for

driving or operating a motor vehicle whether private use or for hire to the public. Any person driving his own motor vehicle for hire is a professional driver.

The change of status from non-professional driver’s license does not require the holder to submit to other test or examinations. The distinctive features of the holder of professional driver’s license are the privilege to make driving a means of livelihood.

Restriction - the type of category of authorized to drive is indicated on the face of the license.

Validity- The license is valid for 3 birth years of succeeding year and automatically expires if not renewed on due date.

Non-professional Driver’s License. This kind of license is issued owned of privately-owned motor

vehicles or those not for hire or paid for driving. There are two kinds of applicants for no-professional driver’s

license: holder of student permit for 4-5 months and, the applicant for the renewal of the expired non-professional driver’s license.

Student Driver’s License. This kind of document is issued to persons who desire to

learn how to drive. A student driver cannot operate a vehicle unless accompanied by an instructor who may either be a licensed professional or non-professional driver.

The submission by the applicant of the birth certificate, 3- copies of ID picture, payment receipt for the corresponding fees and having met the entire basic requirements for the issuance or student permit. It is at this stage, where novice drivers learn the rudiments of driving, the essential components of motor skill and control of vehicles. Under existing provision of law, the validity of a student permit is one (1) year, but after four (4) months and the holder’s competency is proven beyond question. He is eligible to apply non-professional driver’s license.