RA 4136 - Transportation Code.docx

8/20/2019 RA 4136 - Transportation Code.docx

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REPUBLIC ACT No. 4136

AN ACT TO COMPILE THE LAWS RELATIVE TO LANDTRANSPORTATION AND TRAFFIC RULES, TO CREATE A LANDTRANSPORTATION COMMISSION AND FOR OTHER PURPOSES

CHAPTER IPRELIMINARY PROVISIONS ARTICLE

ARTICLE ITitl !"# S$o% o& A$t

S$tio" 1. Title of Act. - This Act shall be known as the "LandTransportation and Traffic Code."

S$tio" '. Scope of Act. - The provisions of this Act shall control, as faras they apply, the registration and operation of motor vehicles and thelicensing of owners, dealers, conductors, drivers, and similar matters.

ARTICLE IID&i"itio"(

S$tio" 3. Words and phrases defined. - As used in this Act

!a "#otor $ehicle" shall mean any vehicle propelled by anypower other than muscular power using the public highways, bute%cepting road rollers, trolley cars, street-sweepers, sprinklers,lawn mowers, bulldo&ers, graders, fork-lifts, amphibian trucks,and cranes if not used on public highways, vehicles which runonly on rails or tracks, and tractors, trailers and traction enginesof all kinds used e%clusively for agricultural purposes.

Trailers having any number of wheels, when propelled orintended to be propelled by attachment to a motor vehicle, shallbe classified as separate motor vehicle with no power rating.

!b "'assenger automobiles" shall mean all pneumatic-tirevehicles of types similar to those usually known under thefollowing terms touring car, command car, speedster, sports car,roadster, (eep, cycle, car !e%cept motor wheel and similar small

outfits which are classified with motorcycles, coupe, landaulet,closed car, limousine, cabriolet, and sedan.

#otor vehicles with changed or rebuilt bodies, such as (eepneys, (itneys, or station wagons, using a chassis of the usualpneumatic-tire passenger automobile type, shall also beclassified as passenger automobile, if their net allowable carryingcapacity, as determined by the Commissioner of LandTransportation, does not e%ceed nine passengers and if they arenot used primarily for carrying freight or merchandise.

The distinction between "passenger truck" and "passengerautomobile" shall be that of common usage 'rovided, That amotor vehicle registered for more than nine passengers shall beclassified as "truck" And 'rovided, further, That a "truck withseating compartments at the back not used for hire shall beregistered under special ")" classifications. *n case of dispute,the Commissioner of Land Transportation shall determine the

classification to which any special type of motor vehicle belongs.

!c "Articulated vehicle" shall mean any motor vehicle with atrailer having no front a%le and so attached that part of the trailerrests upon motor vehicle and a substantial part of the weight ofthe trailer and of its load is borne by the motor vehicle. )uch atrailer shall be called as "semi-trailer."

!d "+river" shall mean every and any licensed operator of amotor vehicle.

!e "'rofessional driver" shall mean every and any driver hired orpaid for driving or operating a motor vehicle, whether for privateuse or for hire to the public.

Any person driving his own motor vehicle for hire is aprofessional driver.

!f "wner" shall mean the actual legal owner of a motor vehicle,in whose name such vehicle is duly registered with the LandTransportation Commission.


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The "owner" of a government-owned motor vehicle is the head of the office or the chief of the ureau to which the said motorvehicle belongs.

!g "+ealer" shall mean every person, association, partnership, or corporation making, manufacturing, constructing, assembling,remodeling, rebuilding, or setting up motor vehicles and everysuch entity acting as agent for the sale of one or more makes,

styles, or kinds of motor vehicles, dealing in motor vehicles,keeping the same in stock or selling same or handling with aview to trading same.

!h "/arage" shall mean any building in which two or more motorvehicles, either with or without drivers, are kept ready for hire tothe public, but shall not include street stands, public servicestations, or other public places designated by proper authority asparking spaces for motor vehicles for hire while awaiting orsoliciting business.

!i "/ross weight" shall mean the measured weight of a motorvehicle plus the ma%imum allowable carrying capacity inmerchandise, freight and0or passenger, as determined by theCommissioner of Land Transportation.

!( "1ighways" shall mean every public thoroughfare, publicboulevard, driveway, avenue, park, alley and calle(on, but shallnot include roadway upon grounds owned by private persons,colleges, universities, or other similar institutions.

!k "The Commissioner of Land Transportation or his deputies"

shall mean the actual or acting chief of the Land TransportationCommission or such representatives, deputies, or assistants ashe may, with the approval of the )ecretary of 'ublic 2orks andCommunications, appoint or designate in writing for the purposecontemplated by this Act.

!l "'arking or parked", for the purposes of this Act, shall meanthat a motor vehicle is "parked" or "parking" if it has been broughtto a stop on the shoulder or proper edge of a highway, andremains inactive in that place or close thereto for an appreciableperiod of time. A motor vehicle which properly stops merely todischarge a passenger or to take in a waiting passenger, or toload or unload a small 3uantity of freight with reasonable

dispatch shall not be considered as "parked", if the motor vehicleagain moves away without delay.

!m "Tourist" shall mean a foreigner who travels from place toplace for pleasure or culture.

ARTICLE IIIA#)i"i(t*!tio" o& A$t

S$tio" 4. Creation of the Commission. -

!a There is created under the +epartment of 'ublic 2orks andCommunications an office which shall be designated and knownas the Land Transportation Commission, composed of oneCommissioner and one +eputy Commissioner, who shall bevested with the powers and duties hereafter specified. 2henever the word "Commission" is used in this Act, it shall be deemed tomean the Land Transportation Commission, and whenever theword "Commissioner" is used in this Act, it shall be taken to

mean the Commissioner or +eputy Commissioner.

The Commissioner and the +eputy Commissioner shall benatural-born citi&ens and residents of the 'hilippines, and theyshall be appointed by the 'resident of the 'hilippines, with theconsent of the Commission on Appointments of the Congress ofthe 'hilippines 'rovided, however, That the present

Administrator, Assistant Administrator and the personnel of the#otor $ehicles ffice shall continue in office without thenecessity of reappointment.

!b The Commissioner and +eputy Commissioner shall holdoffice until removed in accordance with the provisions of the4evised Administrative Code.

!c The Commissioner shall receive an annual compensation oftwelve thousand pesos and the +eputy Commissioner, an annualcompensation of ten thousand four hundred pesos. TheCommissioner shall be assisted by one head e%ecutive assistant!#$ regulation adviser or chief, one administrative officer, oneregistration regulation chief, one inspection, e%amination andlicensing regulation chief, one law and traffic enforcement

regulation chief, one provincial regulation chief, one utility andproperty regulation chief, one accounting officer, one internal


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chief auditor, and one personnel officer, who shall receive anannual compensation of nine thousand pesos each eight landtransportation regional directors who shall receive an annualcompensation of eight thousand four hundred pesos each andeight land transportation assistant regional directors, who shallreceive an annual compensation of seven thousand pesos eachand ten assistant regulation chiefs, who shall receive an annualcompensation of seven thousand pesos each.

!d The Commission shall have its offices in 5ue&on City wherethe present #otor $ehicle ffice is located, and shall establish aregional branch office each in Tuguegarao !Cagayan, aguioCity, 'asig !4i&al, Lipa City, )an 6ernando !La 7nion, 8agaCity, Cebu City, *loilo City, Cagayan de ro City, and +avao City,to be headed by a regional director who will have immediateadministration, supervision and control over activities andadministration of the Commission in the respective regions.

The Commissioner shall be responsible for the administration of

this Act and shall have, in connection therewith, the followingpowers and duties, in addition to those mentioned elsewhere inthis Act

!9 2ith the approval of the )ecretary of 'ublic 2orksand Communications, to issue rules and regulations notin conflict with the provisions of this Act, prescribing theprocedure for the e%amination, licensing and bonding ofdrivers the registration and re-registration of motorvehicles, transfer of ownership, change of status thereplacement of lost certificates, licenses, badges, permitsor number plates and to prescribe the minimumstandards and specifications including allowable grossweight, allowable length, width and height or motorvehicles, distribution of loads, allowable loads on tires,change of tire si&es, body design or carrying capacitysubse3uent to registration and all other special caseswhich may arise for which no specific provision isotherwise made in this Act.

!: To compile and arrange all applications, certificates,permits, licenses, and to enter, note and record thereontransfers, notifications, suspensions, revocations, or

(udgments of conviction rendered by competent courtsconcerning violations of this Act, with the end in view of

preserving and making easily available such documentsand records to public officers and private personsproperly and legitimately interested therein.

!; To give public notice of the certificates, permits,licenses and badges issued, suspended or revokedand0or motor vehicles transferred and0or drivers bondedunder the provisions of this Act.

!


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his deputies within twenty-four hours from the date ofapprehension.

!@ All cases involving violations of this Act shall beendorsed immediately by the apprehending officer to theLand Transportation Commission. 2here such violationsnecessitate immediate action, the same shall beendorsed to the traffic court, city or municipal court for

summary investigation, hearing and disposition, but in allsuch cases, appropriate notices of the apprehensionsand the dispositions thereof shall be given to theCommissioner of Land Transportation by the law-enforcement agency and the court concerned.

8otation of all such dispositions shall be entered in therecords, and copy shall be mailed to the owner and to thedriver concerned.

CHAPTER II

RE+ISTRATION OF MOTOR VEHICLES

ARTICLE IDt- to Ri(t*, R%o*t(, A%%li$!tio"(, Cl!((i&i$!tio"(

S$tio" /. All motor vehicles and other vehicles must be registered.

!a 8o motor vehicle shall be used or operated on or upon anypublic highway of the 'hilippines unless the same is properlyregistered for the current year in accordance with the provisionsof this Act.

!b Any registration of motor vehicles not renewed on or beforethe date fi%ed for different classifications, as provided hereundershall become delin3uent and invalid

9. 6or hire motor vehicles - on or before the last workingday of 6ebruary.

:. 'rivately-owned motor vehicles - from #arch one tothe last working day of #ay.

;. All other motor vehicles - from une one to the lastworking day of une e%cept when the plates of such

motor vehicles are returned to the Commission in5ue&on City or to the ffice of the #otor $ehicles4egistrar in the provincial or city agency of theCommission on or before the last working day of+ecember of the year of issue.

!c +ealerBs reports - The Commissioner of Land Transportationshall re3uire dealers to furnish him with such information and

reports concerning the sale, importation, manufacture, number of stocks, transfer or other transactions affecting motor vehicles asmay be necessary for the effective enforcement of the provisionsof this Act.

!d Change of motor number prohibited. - 8o repair or change inthe motor vehicle involving the e%change, elimination, effacing, or replacing of the original or registered serial or motor number asstamped or imprinted, shall be allowed, and any motor vehiclewith a trace of having its motor number altered or tampered withshall be refused registration or re-registration, unless such is

satisfactorily e%plained and approved by the Commissioner.

!e ncumbrances of motor vehicles. - #ortgages, attachments,and other encumbrances of motor vehicles, in order to be valid,must be recorded in the Land Transportation Commission andmust be properly recorded on the face of all outstanding copiesof the certificates of registration of the vehicle concerned.

Cancellation or foreclosure of such mortgages, attachments, andother encumbrances shall likewise be recorded, and in theabsence of such cancellation, no certificate of registration shall

be issued without the corresponding notation of mortgage,attachment and0or other encumbrances.

4ecords of encumbrances of motor vehicles shall be kept by theLand Transportation Commission in chronological se3uence andshall contain, among other things, the time, date and number ofthe entry in a "ook of #otor $ehicles" referring to the creation,cancellation or foreclosure of the aforesaid mortgages,attachments or to other encumbrances.

The Land Transportation Commission shall collect a fee of fivepesos for every annotation of a mortgage, attachment and0orother encumbrances, or cancellation thereof.


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S$tio" 6. Application and payments for registration. - Applications andpayments for registration shall be made either personally or byregistered mail, and the date of the cancellation of the postage stamps of envelopes containing money order or check shall be taken as the date of the application and0or payment for registration 'rovided, That theapplication is properly prepared and the payment for registration issufficient as re3uired by law.

S$tio" 0. Registration Classification. - very motor vehicle shall beregistered under one of the following described classifications

!a private passenger automobiles !b private trucks and !cprivate motorcycles, scooters, or motor wheel attachments.#otor vehicles registered under these classifications shall not beused for hire under any circumstances and shall not be used tosolicit, accept, or be used to transport passengers or freight forpay.

Laborers necessary to handle freight on board private trucks may

ride on such trucks 'rovided, That seats shall not be installed inthe rear compartment thereof and that only such number oflaborers, not e%ceeding ten, as may be needed to handle thekind of freight carried, shall ride on the truck 'rovided, further,That the combined weight of cargo and passengers does note%ceed the registered net capacity of the truck.

6or the purpose of this section, a vehicle habitually used to carryfreight not belonging to the registered owner thereof, orpassengers not related by consanguinity or affinity within thefourth civil degree to such owner, shall be conclusively presumed

to be "for hire."

8o person shall be allowed to register as private truck any trucknot actually and reasonably necessary to carry out his dulylicensed business or legitimate occupation or industry regularlypaying ta%es.

!d 'ublic utility automobiles e public utility trucks !f ta%is andauto-calesas !g garage automobiles !h garage trucks !i hiretrucks and !( trucks owned by contractors and customs brokersand customs agents. Application for registration under theseclassifications shall be accompanied by a certificate of publicconvenience or a special permit issued by the 'ublic )ervice

Commission, and motor vehicles registered under theseclassifications shall be sub(ect to the 'ublic )ervice Law, rulesand regulations, as well as the provisions of this Act.

!k 7ndertakes

!l +ealers - 4egistrations under this classification are intendedto cover generally and successively all the motor vehicles

imported or handled by dealers for sale. #otor vehiclesregistered under the dealerBs classification shall, under nocircumstances, be employed to carry passengers or freight in thedealerBs business, or for hire. )uch vehicles shall be operatedunder this classification only for the purpose of transporting thevehicle itself from the pier or factory to the warehouse or salesroom or for delivery to a prospective purchaser or for test ordemonstration.

!m /overnment automobiles !n government trucks and !ogovernment motorcycles. #otor vehicles owned by the

/overnment of the 'hilippines or any of its political subdivisionsshall be registered under these classifications. #otor vehiclesowned by government corporations, by government employeesor by foreign governments shall not be registered under thisclassification.

!p Tourists bringing their own motor vehicles to the 'hilippinesmay, without registering such motor vehicles, use the sameduring but not after ninety days of their so(ourn 'rovided, Thatthe motor vehicle displays the number plates for the current yearof some other country or state, and said number plates as well

as the name and address !permanent and temporary of theowner thereof are registered in the Land TransportationCommission prior to the operation of the motor vehicle.

*f such tourist remain in the 'hilippines longer than ninety days,the motor vehicle shall not be operated unless registered inaccordance with this Act and the corresponding registration feespaid.

!3 )pecial. The Commissioner of Land Transportation may, inhis discretion, allow the registration under this classification ofmotor vehicles which do not conform to the foregoing describedregular classification.


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ARTICLE IIRi(t*!tio" F(

S$tio" . Schedule of registration fees. - %cept as otherwisespecifically provided in this Act, each application for renewal ofregistration of motor vehicles shall be accompanied by an annualregistration fee in accordance with the following schedule

!a 'rivate automobiles with pneumatic rubber tires, an amountbased on their respective shipping weight or factory weight asindicated in the following schedule

9,DDD kilos or less '?=.DD

9,DDD to 9,=DD kilos 9DD.DD

9,=D9 to :,DDD kilos 9;=.DD

:,DD9 kilos and above [email protected]

The factory or shipping weight of a private automobile shall beobtained from the 4ed ook edited by the 8ational #arket4eport, *nc., of the 7nited )tates of America 'rovided, further,That in the case of automobiles with altered, changed or rebuiltbodies, the weight as obtained by actual weighing shall beconsidered the vehicles weight 'rovided, furthermore, That theincrease registration fees herein prescribed shall not apply to

(eeps and (eepneys for private use or for hire and the fees hereof shall be those prescribed for them before the approval of this Act.

The registered passenger capacity of passenger automobilesoperated for hire or for private use shall be determined asfollows

9. 6or each adult passenger, a hori&ontal rectangulararea, including seat and feet space, not less than thirty-five centimeters wide and si%ty centimeters long, e%ceptin the front seat, which shall allow an area fiftycentimeters wide for the operator.

:. 6or each half passenger, a hori&ontal rectangular area,

including seat and feet spaces, not less that seventeenand a half centimeters wide by si%ty centimeters long,

provided, that each continuous row of seats shall not beallowed to have more that one-half passenger.

!b 'rivate motor trucks, passenger buses and trailers withpneumatic rubber tires, the sum of five pesos for every hundredkilograms of ma%imum allowable gross weight or fraction thereof.

!c 'rivate motor trucks, passenger buses and trailers with solid

rubber tires or with part-solid and part-pneumatic rubber tires, thesum of seven pesos for every hundred kilograms of ma%imumallowable gross weight or fraction thereof.

!d 'rivate motorcycles and scooters of two or three wheels andbicycles with motor attachments, the sum of thirty pesos.

!e The fee for registration of motor vehicles for hire shall be si%typercent more than the fee prescribed for private motor vehiclesof the same category.

!f The fee for registration of diesel-consuming vehicles shall befifty percent more than that of vehicles using motor fuel otherthan diesel oil. The fee for registration of motor vehicles for hireshall be si%ty percent more than the fees prescribed for privatemotor vehicles.

!g 8o regular registration fees shall be charged for the generalregistration of motor vehicles contemplated under the dealerBsclassification 'rovided, That the Commissioner of LandTransportation shall provide appropriate dealerBs number platescorresponding to the classification of vehicles hereinbelow

described, and registration fee for every set of such dealerBsnumber plates shall be in accordance with the following scheduleof rates

Two hundred pesos for each truck or trailer

ne hundred pesos for each passenger automobile and

Twenty pesos for each motorcycle and the like.

!h 4egistration under the "/overnment #otor $ehicle"

classification shall be free of charge, upon re3uest of the chief ofbureau or office concerned.


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!i #otor vehicles not intended to be operated or used upon anypublic highway, or which are operated on highways notconstructed or maintained by the /overnment, or are intendednot to be used or operated at all, shall be e%empt from paymentof the registration fees provided in this Act, but shall each pay anannual recording and service fee of fifteen pesos 'rovided,however, That no refund, credit for, or reimbursement ofregistration fees or part thereof shall be made to any owner on

account of the discontinuance of the use or operation of a motorvehicle subse3uent to the payment of such registration fees'rovided, further, That in the event motor vehicles e%emptedunder this section shall be found operated on any publichighways, the regular registration fees and surcharges shall becollected in addition to whatever penalties may be imposed forviolation of this Act. The Commissioner of Land Transportationshall provide distinctive number plates for vehicles e%emptedfrom payment of regular registration fees, and the owner of thevehicles concerned shall pay four pesos for each set of suchnumber plates.

!( The ma%imum allowable gross weight of a motor truck,passenger bus, or trailer, upon which to compute the registrationfee thereof, shall be determined by the Commissioner of LandTransportation. 1e shall, from time to time as the need of theservice may re3uire, prepare, sub(ect to the approval of the)ecretary of 'ublic 2orks and Communications, suitable tablesof ma%imum allowable loads per wheel for different si&es kinds of tires.

!k The registration fees provided in this Act for trucks may bepayable in two e3ual installment, the first to be paid on or before

the last working day of 6ebruary if for hire, and in #arch ifprivate and the second to be paid on or before the last workingday of August 'rovided, That the fifty per cent penalty shallapply only to the unpaid balance of the remaining period ofdelin3uency.

S$tio" 2. Permissible weights and dimensions of vehicles in highwaystraffic.

!a The ma%imum gross weight and measurement of motorvehicles, unladen or with load, permissible on public highways

shall be as specified hereunder, sub(ect to such regulations asthe Commissioner with the approval of the )ecretary of 'ublic

2orks and Communications, may promulgate, from time to time,as the conditions of the public highways may warrant and theneeds of the service may re3uire.

'ermissible ma%imum weights

9. 'er most heavily loaded wheel three thousand si% hundred kilograms:. 'er most heavily loaded a%le eight thousand kilograms

;. 'er most heavily loaded a%legroup !the two a%les of the groupbeing at least one meter and lessthan two meters apart

fourteen thousand five hundred kilogr

An a%le weight shall be the total weight transmitted to the road byall the wheels the centers of which can be included between theparallel transverse vertical planes one meter apart e%tending

across the full width of the vehicles.

8o provincial, city or municipal authority shall enact or enforceany ordinance or resolution regulating or prescribing thema%imum gross weight of any motor vehicle.

!b 8o motor vehicle operating as a single unit shall e%ceed thefollowing dimensions

verall width two and five-tenths meters

verall height four meters

verall length

6reight vehicles with two a%les ten meters

'assenger vehicles with two a%les eleven meters

$ehicles with three or more a%les fourteen meters


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!c 8o motor vehicle and0or trailer combination shall e%ceedeighteen meters in overall pro(ected length, including any loadcarried on such vehicle and trailer.

!d 8o articulated vehicles shall be allowed to draw or pull atrailer and no vehicle already drawing a trailer shall draw another.

S$tio" 1. Special permits, fees for. - The Commissioner with the

approval of the )ecretary of 'ublic 2orks and Communications, shallissue regulations and schedules of additional fees under which specialpermits may be issued in the discretion of the Commissioner or hisdeputies for each of the following special cases, without which specialpermit no vehicles shall be operated on the public highways

!a To operate a motor vehicle or trailer outfit with wheel, a%le, ora%le group loads in e%cess of the limits fi%ed in subsection !a of)ection nine hereof or in any regulation issued by theCommissioner.

!b To operate a motor vehicle the si&e of which e%ceeds the limitof permissible dimensions specified in paragraph !b of )ectionnine hereof.

!c To operate a motor vehicle with any part of the load e%tendingbeyond the pro(ected width of the vehicle.

!d To pull two trailers behind a motor vehicle.

!e 6or any other special authority relating to the use of vehicles,not otherwise specifically provided herein.

S$tio" 11. Additional fees. - *n addition to the fees elsewhere providedin this Act, for each change of registration, from private to for hire or vice-versa revision of gross weight rating, change of tire si&e transfer ofownership replacement of a lost registration certificate, number plate,driverBs license or permit badge preparation of affidavit or certified copyof records, or for any similar circumstances re3uiring the issue, revision,or reissue of a certificate of registration, driverBs license, badge, permit,or other document, a fee of two pesos shall be collected.

The replacement of a lost or utterly spoiled certificate, number plate,

license, badge or permit shall render the original invalid.

*n case of re3uest in writing for certification of data or facts involving twoor more vehicles, a fee of five pesos a page or part thereof shall becollected for each certification.

S$tio" 1'. ee for original registration for part of year. - *f anyapplication for the original registration is made during the first 3uarter ofa calendar year, the total annual fee for the year shall be paid, if madeduring the second 3uarter, three-fourths of the annual fee for that year

shall be paid, if made during the third 3uarter, one half of the annual feeshall be paid, and if made during the fourth 3uarter, one-fourth of theannual fee shall be paid.

8othing in this section shall be construed as allowing 3uarterly renewalsof registrations in order to avoid payment of fees in advance for theentire year.

S$tio" 13. Payment of ta!es upon registration. - 8o original registrationof motor vehicles sub(ect to payment of ta%es, customs duties or othercharges shall be accepted unless proof of payment of the ta%es due

thereon has been presented to the Commission.

ARTICLE IIIRi(t*!tio" C*ti&i$!t(, R$o*#(, N)* Pl!t(

S$tio" 14. "ssuance of certificates of registration. - A properlynumbered certificate of registration shall be issued for each separatemotor vehicle after due inspection and payment of correspondingregistration fees.

S$tio" 1/. #se and authority of certificate of registration.

!a The said certificate shall be preserved and carried in the carby the owner as evidence of the registration of the motor vehicledescribed therein, and shall be presented with subse3uentapplications for re-registration, transfer of ownership, orrecording of encumbrances 'rovided, That in lieu of thecertificate of registration a true copy or photostat thereof may becarried in the motor vehicle.

!b The certificate of registration issued under the provisions ofthis Act for any motor vehicle shall, while the same is valid and

effective and has not been suspended or revoked, be theauthority for the operation of such motor vehicle.


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!c 8o motor vehicle shall be operated on the public highways ina manner which would place it under a classification re3uiring thepayment of a larger registration fee than that stated in thecertificate of registration.

S$tio" 16. Suspension of registration certificate. - *f on inspection, asprovided in paragraph !> of )ection four hereof, any motor vehicle isfound to be unsightly, unsafe, overloaded, improperly marked or

e3uipped, or otherwise unfit to be operated, or capable of causinge%cessive damage to the highways, or not conforming to minimumstandards and specifications, the Commissioner may refuse to registerthe said motor vehicle, or if already registered, may re3uire the numberplates thereof to be surrendered to him, and upon seventy-two hoursnotice to the owner of the motor vehicle, suspend such registration untilthe defects of the vehicle are corrected and0or the minimum standardsand specifications fully complied with.

2henever it shall appear from the records of the Commission that duringany twelve-month period more than three warnings for violations of this

Act have been given to the owner of a motor vehicle, or that the saidowner has been convicted by a competent court more than once forviolation of such laws, the Commissioner may, in his discretion, suspendthe certificate of registration for a period not e%ceeding ninety days and,thereupon, shall re3uire the immediate surrender of the number plates.

2henever a motor vehicle is found to be underweight the owner thereofshall pay the difference in the registration fees corresponding to theshortage in weight plus a fifty per cent surcharge, and until suchpayment is made, the certificate of registration of the motor vehicleconcerned shall be suspended by the Commissioner.

After two such suspension, re-registration of the vehicle concerned forone year may be denied.

The Commissioner shall notify the owner of the motor vehicle of anyaction taken by him under this section.

S$tio" 10. $umber plates, preparation, preparation and issuance of . -

!a The Commissioner shall cause number plates to be preparedand issued to owners of motor vehicles and trailers registered

under this Act, charging a fee of four pesos for each pairincluding the numerals indicating the year of registry 'rovided,

however, That in case no number plates are available, theCommissioner or his deputies may issue, without charge, awritten permit temporarily authori&ing the operation of any motorvehicles with other means of identification 'rovided, further, Thatall motor vehicles e%empted from payment of registration fees,motor vehicles for hire, and privately-owned motor vehicles shallbear plates so designed and painted with different colors todistinguish one class from another 'rovided, furthermore, That

the plates of motor vehicles e%empted from payment ofregistration fees shall be permanently assigned to such motorvehicles during their entire lifetime while e%empted from paymentof the fees And, provided, finally, That the owner thereof shallreturn such plates to the Land Transportation Commission withina period of seven working days after such owner has lost hise%emption privilege or has transferred the vehicle to a non-e%empt owner.

!b *n case the design of the number plate is such that thenumerals indicating the year of registry are on a detachable tag,

the Commissioner or his deputies may, in their discretion, issuethe said tag only for subse3uent re-registration charging a fee ofone peso for each tag issued.

S$tio" 1. #se of number plates. - At all times, every motor vehicleshall display in conspicuous places, one in front and one in the rearthereof, the said number plates.

The number plates shall be kept clean and cared for, and shall be firmlyaffi%ed to the motor vehicle in such a manner as will make it entirelyvisible and always legible.

%cept in the case of dealerBs number plates which may be usedsuccessively on various motor vehicles in stock, no person shall transfernumber plates from motor vehicle to another.

8o dealerBs number plate shall be used on any motor vehicle after saidvehicle has been sold and delivered to a purchaser, and no dealer shallallow such dealerBs number plates to be used on any motor vehicle afterits sale and delivery to a purchaser.

CHAPTER IIIOPERATION OF MOTOR VEHICLE


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ARTICLE ILi$"( to D*i5 Moto* Vi$l(

S$tio" 12. %uty to procure license. - %cept as otherwise specificallyprovided in this Act, no person shall operate any motor vehicle withoutfirst procuring a license to drive a motor vehicle for the current year, norwhile such license is delin3uent, invalid, suspended or revoked.

The license shall be carried by the driver at all times when operating amotor vehicle, and shall be shown and0or surrendered for cause andupon demand to any person with authority under this Act to confiscatethe same.

S$tio" '. &icense for enlisted men operating 'overnment motorvehicles. - nlisted men operating a motor vehicle owned by the/overnment of the 'hilippines shall be licensed in accordance with theprovisions of this Act, but no license or delin3uency fees shall becollected therefrom. All licenses so issued shall bear the words "6or/overnment $ehicles nly" plainly marked or stamped in red ink across

the face thereof.

A license so marked or stamped shall authori&e the holder thereof tooperate a private-owned motor vehicle.

S$tio" '1. (peration of motor vehicles by tourists. - ona fide touristand similar transients who are duly licensed to operate motor vehicles intheir respective countries may be allowed to operate motor vehiclesduring but not after ninety days of their so(ourn in the 'hilippines.

*f any accident involving such tourist or transient occurs, which upon

investigation by the Commissioner or his deputies indicates that the saidtourist or transient is incompetent to operate motor vehicles, theCommissioner shall immediately inform the said tourist or transient inwriting that he shall no longer be permitted to operate a motor vehicle.

After ninety days, any tourist or transient desiring to operate motorvehicles shall pay fees and obtain and carry a license as hereinafterprovided.

S$tio" ''. %river)s license, fees, e!amination. - very person whodesires personally to operate any motor vehicle shall file an application

to the Commissioner or his deputies for a license to drive motor vehicles'rovided, however, That no person shall be issued a professional

driverBs license who is suffering from highly contagious diseases, suchas, advanced tuberculosis, gonorrhea, syphilis, and the like.

ach such application e%cept in the case of enlisted men operatinggovernment-owned vehicles, shall be accompanied by a fee of fivepesos, and shall contain such information respecting the applicant andhis ability to operate motor vehicles, as may be re3uired by theCommission.

The Commissioner or his deputies shall also ascertain that theapplicantBs sight and hearing are normal, and may in their discretion,re3uire a certificate to that effect, signed by a reputable physician.

An e%amination or demonstration to show any applicantBs ability tooperate motor vehicles may also be re3uired in the discretion of theCommissioner or his deputies.

S$tio" '3. "ssuance of driver)s license. - *f, after such e%amination, theCommissioner or his deputy believes that the applicant possesses the

necessary 3ualifications and is proficient in the operation of motorvehicles, a license shall be issued to such applicant upon payment offive pesos, but prior to the issuance of said license, the applicant shallfurnish three copies of his recent photograph to be securely attached tothe license, and two copies to be filed and kept as provided by this Act.

All driverBs licenses shall bear the signature and right-hand thumb print of the licensee.

S$tio" '4. #se of driver)s license and badge. - very license issuedunder the provisions of this Act to any driver shall entitle the holderthereof, while the same is valid and effective and not suspended or

revoked, to operate the motor vehicles described in such license'rovided, however, That every licensed professional driver, beforeoperating a public service motor vehicle registered under classifications!d to !( inclusive of )ection seven hereof, shall secure from theCommissioner, upon payment of the sum of one peso, a driverBs badgewhich he shall, at all times while so operating a motor vehicle, display inplain sight on the band of his cap or on his coat or shirt. )uch driverBsbadge shall be of metal with a plainly readable number assigned to thelicensee stamped thereon.

*t shall be unlawful for any duly licensed driver to transfer, lend orotherwise allow any person to use his license for the purpose of enablingsuch person to operate a motor vehicle.


11/23

8o owner of a motor vehicle shall engage, employ, or hire any person tooperate such motor vehicle, unless the person sought to be employed isa duly licensed professional driver.

S$tio" '/. %river)s records. - Any driver who changes his address shall,within fifteen days, notify the Commissioner in writing of his newaddress, name and address of his new employer, the number of themotor vehicle he is employed to operate, and such other information as

the Commissioner may re3uire.

S$tio" '6. Renewal of license. - Any license not renewed on or beforethe last working day of the month when the applicant was born shallbecome delin3uent and invalid, e%cept when the license is surrenderedto the Commissioner or his deputies before the last working day of themonth of his birth in order to avoid payment of the delin3uency fees.

The fee for renewal of delin3uent license shall be five pesos in additionto the basic fee as hereinabove prescribed.

very applicant for renewal of license to operate any motor vehicle shallpresent to the Commissioner, in person or by mail or messenger, thelicense issued to the applicant for the previous year, together with theproper fee of five pesos and, in the case of professional chauffeurs,three copies of a readily-recogni&ed photograph of the applicant, whichphotograph shall have been taken not e%ceeding three years prior to thedate of applicant for renewal.

Lost license. - *n case the license for the previous year has been lost orcannot be produced, the applicant shall obtain a duplicate in accord with)ection eleven of this Act, on penalty of refusal, by the Commissioner or

his deputies, to renew the license 'rovided, however, That theCommissioner or his deputies may, in their discretion accept in lieu of theprevious years license, the duly signed and sworn statement of anoperator to the effect that he has not operated any motor vehicle in the'hilippines during the year or years to which no license was issued in hisname.

The Commissioner and his deputies are hereby authori&ed to administerthe oath in connection with such affidavit.

S$tio" '0. Suspension, revocation of driver)s license.

!a The Commissioner may suspend for a period not e%ceedingthree months or, after hearing, revoke any driverBs license issuedunder the provisions of this Act, and may order any such licenseto be delivered to him whenever he has reason to believe thatthe holder thereof is an improper person to operate motorvehicles, or in operating or using a motor vehicle in, or as anaccessory to, the commission of any crime or act whichendangers the public. Any deputy of the Commissioner may, for

the same cause, suspend for a period not e%ceeding threemonths any driverBs license issued under the provisions of this

Act 'rovided, That such suspension may be appealed to theCommissioner who may, after reviewing the case, confirm,reverse or modify the action taken by such deputy.

!b 2henever during any twelve-month period a driver shall havebeen convicted at least three times for the violations of anyprovisions of this Act or of any regulation issued by theCommissioner or any municipal or city ordinance relating tomotor vehicle traffic not in conflict with any of the provisions of

this Act, the Commissioner may, in his discretion, revoke orsuspend the license of such driver for a period not e%ceeding twoyears.

!c The license suspended or revoked under the provisions ofsubsections !a and !b of this section shall not be reinstatedunless the driver has furnished a bond in accordance with)ection twenty-nine of this Act and only after the Commissionerhas satisfied himself that such driver may again safely bepermitted to operate a motor vehicle.

!d A decision of the Commissioner revoking or refusing thereinstatement of a license under the provisions of this )ectionmay be appealed to the )ecretary of 'ublic 2orks andCommunications.

S$tio" '. %river)s bond. - The Commissioner before reinstating anydriverBs license which has been suspended or revoked under theprovisions of the preceding section or of any provisions of this Act, mayre3uire such driver to post a bond in the sum of one thousand pesosconditioned upon the satisfaction and payment of any claim which maybe filed or of any e%ecution which may be issued against such driver inany case wherein said driver may be held answerable while operating

motor vehicles. The bond re3uired in this section shall be in such form asto render sureties liable at least for a period of not less than one year nor


12/23

more than three years 'rovided, however, That upon written applicationto the Commissioner for release from such a bond, the Commissionermay after revoking or suspending the driverBs license, authori&e therelease of the bondsmen from further responsibility thereunder'rovided, further, That should the Commissioner decide not to revokethe license of a driver who has been convicted of homicide throughreckless imprudence, or of the violation of the speed limit or of recklessdriving at least three times within a twelve-month period, the said driver

shall post a bond in the sum of not less than two thousand pesos,conditioned upon the payment of any claim which may be filed or anye%ecution which may be issued against him in any case wherein saiddriver may be held answerable while operating motor vehicles.

S$tio" '2. Confiscation of driver)s licenses. - Law enforcement andpeace officers duly designated by the Commissioner shall, inapprehending any driver for violations of this Act or of any regulationsissued pursuant thereto, or of local traffic rules and regulations,confiscate the license of the driver concerned and issue a receiptprescribed and issued by the Commission therefor which shall authori&e

the driver to operate a motor vehicle for a period not e%ceeding seventy-two hours from the time and date of issue of said receipt. The period sofi%ed in the receipt shall not be e%tended, and shall become invalidthereafter. 6ailure of the driver to settle his case within fifteen days fromthe date of apprehension will cause suspension and revocation of hislicense.

S$tio" 3. Student*driver)s permit. - 7pon proper application and thepayment of three pesos, the Commissioner or his deputy may issuestudent-driverBs permits, valid for si% months to persons not undereighteen years of age, who desire to learn to operate motor vehicles. 8oapplication for driverBs license shall be received unless the applicant has

undergone instruction in the operation of motor vehicles for at least amonth and has a valid student-driverBs permit 'rovided, however, Thatany person who has a license to operate vehicles in other countries may,upon presentation of appropriate evidence of such license, be allowed topay for a driverBs license without presenting a student driverBs permit.

A student driver who fails in the e%amination shall continue as a studentdriver for at least one additional month. 8o student driver shall operate amotor vehicle unless accompanied by a duly licensed driver.

The licensed driver acting as instructor to the student driver shall

likewise be responsible and liable for any violation of the provisions of

this Act and for any in(ury or damage done by the motor vehicle onaccount or as a result of its operation by a student under his direction.

ARTICLE IIIll!l U( o& Li$"((, N)* Pl!t(, Et$.

S$tio" 31. "mitation and false representations. - 8o person shall makeor use attempt to make or use a driverBs license, badge, certificate of

registration, number plate, tag, or permit in imitation or similitude of thoseissued under this Act, or intended to be used as or for a legal license,badge, certificate, plate, tag or permit, or with intent to sell or otherwisedispose of the same to another. 8o person shall falsely or fraudulentlyrepresent as valid and in force any driverBs l icense, badge, certificate,plate, tag or permit issued under this Act which is delin3uent or whichhas been revoked or suspended.

8o person shall, knowingly and with intent to deceive, make one or morefalse or fraudulent statements in an application for the registration ofvehicles, or for a driverBs l icense.

ARTICLE IIIP!(("* !"# F*it

S$tio" 3'. +!ceeding registered capacity. - 8o person operating anyvehicle shall allow more passenger or more freight or cargo in his vehiclethan its registered carrying capacity. *n the case of public utility trucks orbuses, the conductor shall be e%clusively liable for violations of thissection or of )ection thirty-two, letter !c hereof 'rovided, That theconductor, before being employed by any public service operator, shallget a permit or license from the Commission and pay five pesos annually

for said license or permit issued in his favor, and the same is renewableon or before the last working day of the month of his birth, attaching areadily recogni&able photograph and after presentation of a medicalcertificate of fitness of applicant.

'assenger trucks may be allowed to construct any cargocarrying device at the rear or at the side of the truck, sub(ect tothe approval of the Commissioner 'rovided, however, That thetotal weight of the device, including the cargo, shall not e%ceedone hundred kilos.

!b Carrying of passengers and freight on top of vehicles. - 8operson operating a motor vehicle shall allow any passenger to


13/23

ride on the cover or top of such vehicles 'rovided, however,That sub(ect to such conditions as may be contained in permitsthat may be issued by the Commissioner, baggage or freight maybe carried on the top of a truck provided the weight thereof doesnot e%ceed twenty kilos per s3uare meter and is distributed insuch a manner as not to endanger the passengers or stability ofthe truck.

!c 4iding on running boards. - 8o driver shall permit any personto ride on the running board, step board, or mudguard of hismotor vehicle for any purpose e%cept to make repair orad(ustment in the motor or to collect fares.

S$tio" 33. Passenger or freight capacity mared on vehicle. - Allpassengers automobiles for hire shall have the registered passengercapacity plainly and conspicuously marked on both sides thereof, inletters and numerals not less than five centimeters in height.

All motor trucks, whether for passenger or freight, private, or for hire,

shall have the registered passenger gross and net weight capacitiesplainly and conspicuously marked on both sides thereof, in letters andnumerals not less than five centimeters in height.

ARTICLE IVA$$((o*i( o& Moto* Vi$l(

S$tio" 34.

!a Tires of motor vehicles. - 8o motor vehicle with metallic tiresshall be operated upon any public highway, and solid tires

whenever used shall be of sufficient thickness to prevent themetal rims thereof from coming in direct contact with the road.

!b rakes - very motor vehicle with four or more wheels shallbe provided with dual hydraulic brake system so that in case ofhydraulic line failure affecting the braking efficiency of any of thefour wheels at least either the front or rear wheels shall retainnormal braking capabilities. *n the absence of such dual brakingsystem every motor vehicle with four or more wheels shall beprovided with safety valve devices of such design and make sothat failure of the hydraulic braking system of the vehiclebecause of leakage in the line of other parts of the system willnot affect all wheels but rather render at all times effective the

braking power of either the two front wheels or the two rearwheels when brakes are applied. This re3uirement, however,does not apply to motor vehicles e3uipped with pneumaticbraking system.

!b-9 1orns. - very motor vehicle shall be provided with a hornor signalling devise in good working order 'rovided, however,That no horn or signalling device emitting an e%ceptionally loud,

startling, or disagreeable sound shall be installed or used on anymotor vehicle.

All authori&ed emergency vehicles, such as ambulance andpolice cars and fire wagons used for emergency calls shall bee3uipped with a bell, siren, or e%haust whistle of a type approvedby the Commissioner, and no such device shall be installed orused in any other vehicle.

8o vehicle not classified as a motor vehicle under this Act shallbe e3uipped with a horn or signaling device similar to the horn

customarily used on motor vehicles.

!c 1eadlights. - very motor vehicle of more than one meter ofpro(ected width, while in use on any public highway shall beartwo headlights, one on each side, with white or yellowish lightvisible from the front, which, not later than one-half hour aftersunset and until at least one-half four before sunrise andwhenever weather conditions so re3uire, shall both be lighted.

Additional lamps and light may be carried, but no red lights shallbe visible forward or ahead of the vehicle. Trucks, buses, trailers,

and other similar vehicles must carry, while in use on any publichighway during night-time, colored riding lights on each of thefour corners not more than ten centimeters from the top.

All motor vehicles shall be e3uipped with devices for varying theintensity of light, and the driver must dim the headlights or tilt thebeams downward whenever the vehicle is being operated onwell-lighted streets within the limits of cities, municipalities, andthickly populated barrios or districts, or whenever such vehiclemeets another vehicle on any public highway.

!d Taillights. - very motor vehicle and trailer shall, during theabove-mentioned hours, also bear on each side in the rear a


14/23

lamp showing a red light visible at least one hundred meters fromthe rear of the vehicle and a lamp throwing a white light upon thenumber plate issued for such vehicle.

!e )top lights. - very motor vehicle shall be e3uipped at therear with at least one lamp which shall throw a sustained brightred light visible under all conditions, even under bright sunlight,when the brakes are applied. ach bus, truck, trailer or similar

vehicle shall be e3uipped, as its stop light at or near its rearcenter, with a lamp at least twelve centimeters in diameter withthe word "stop" inscribed in the center.

!f #otorcycle and other vehicle lights. - very motor vehicle ofless than one meter of pro(ected width shall be sub(ect to thepreceding provisions of this section, e%cept that one headlightand one taillight shall be re3uired. 8o signal light shall benecessary.

Additional lamps may be carried provided they comply with the

preceding provisions of this section.

very motor vehicle, or whatever style, kind, make, character, ornature, when upon a highway during the hours above-mentioned,whether in motion or not, shall have one or more lights soarranged that the same shall be visible at least fifty meters fromthe front and the rear of such vehicle.

!g Lights when parked or disabled. - Appropriate parking lightsor flares visible one hundred meters away shall be displayed at acorner of the vehicle whenever such vehicle is parked on

highways or in places that are not well-lighted or is placed insuch manner as to endanger passing traffic.

!h 2indshield wiper. - very motor vehicle shall be e3uippedwith a mechanically or electrically operated device for wiping offraindrops or other moisture from its front windshield.

!i 7se of red flag. - 2henever the load of any vehicle e%tendsmore than one meter beyond the bed or body thereof, there shallbe displayed at every pro(ecting end of such load a red flag notless than thirty centimeters both in length and width, e%cept thatduring the hours fi%ed under subsection !c, there shall be

displayed, in lieu of the re3uired red flags, red lights visible atleast fifty meters away.

!( #ufflers. - very motor vehicle propelled by an internalcombustion engine shall be e3uipped with a muffler, andwhenever said motor vehicle passes through a street of any city,municipality, or thickly populated district or barrio, the mufflershall not be cut out or disconnected. 8o motor vehicle shall be

operated in such a manner as to cause it to emit or make anyunnecessary or disagreeable odor, smoke or noise.

CHAPTER IVTRAFFIC RULES

ARTICLE IS%# Li)it !"# 7%i" to t Rit

S$tio" 3/. Restriction as to speed. -

!a Any person driving a motor vehicle on a highway shall drivethe same at a careful and prudent speed, not greater nor lessthan is reasonable and proper, having due regard for the traffic,the width of the highway, and of any other condition then andthere e%isting and no person shall drive any motor vehicle upona highway at such a speed as to endanger the life, limb andproperty of any person, nor at a speed greater than will permithim to bring the vehicle to a stop within the assured cleardistance ahead.

!b )ub(ect to the provisions of the preceding paragraph, the rate

of speed of any motor vehicle shall not e%ceed the following

#AE*#7# ALL2AL

)'+)

'assengersCars and #otorcycle

#otor trucks andbuses

9. n opencountry roads,with no "blindscorners" not

closely bordered

@D km. per hour =D km. per hour


15/23

by habitations. :. n "throughstreets" orboulevards,clear of traffic,with no " blindcorners," whenso designated.


16/23

;. n city andmunicipalstreets, withlight traffic,when notdesignated"throughstreets".

;D km. per hour ;D km. per hour


17/23


18/23

vehicle, and shall not increase the speed of his vehicle until completelypassed by the overtaking vehicle.

S$tio" 41. Restrictions on overtaing and passing.

!a The driver of a vehicle shall not drive to the left side of thecenter line of a highway in overtaking or passing another vehicleproceeding in the same direction, unless such left side is clearly

visible, and is free of oncoming traffic for a sufficient distanceahead to permit such overtaking or passing to be made in safety.

!b The driver of a vehicle shall not overtake or pass anothervehicle proceeding in the same direction, when approaching thecrest of a grade, not upon a curve in the highway, where thedriverBs view along the highway is obstructed within a distance offive hundred feet ahead, e%cept on a highway having two ormore lanes for movement of traffic in one direction where thedriver of a vehicle may overtake or pass another vehicle'rovided, That on a highway within a business or residential

district, having two or more lanes for movement of traffic in onedirection, the driver of a vehicle may overtake or pass anothervehicle on the right.

!c The driver of a vehicle shall not overtake or pass any othervehicle proceeding in the same direction, at any railway gradecrossing, not at any intersection of highways unless suchintersection or crossing is controlled by traffic signal, or unlesspermitted to do so by a watchman or a peace officer, e%cept on ahighway having two or more lanes for movement of traffic in onedirection where the driver of a vehicle may overtake or passanother vehicle on the right. 8othing in this section shall beconstrued to prohibit a driver overtaking or passing upon the rightanother vehicle which is making or about to make a left turn.

!d The driver of a vehicle shall not overtake or pass, or attemptto pass, any other vehicle, proceeding in the same direction,between any points indicated by the placing of official temporarywarning or caution signs indicating that men are working on thehighway.

!e The driver of a vehicle shall not overtake or pass, or attemptto overtake or pass, any other vehicle proceeding in the same

direction in any "no-passing or overtaking &one."

ARTICLE IIIRit o& W!- !"# Si"!l(

S$tio" 4'. Right of way.

!a 2hen two vehicles approach or enter an intersection atappro%imately the same time, the driver of the vehicle on the leftshall yield the right of way to the vehicle on the right, e%cept as

otherwise hereinafter provided. The driver of any vehicletraveling at an unlawful speed shall forfeit any right of way whichhe might otherwise have hereunder.

!b The driver of a vehicle approaching but not having entered anintersection, shall yield the right of way to a vehicle within suchintersection or turning therein to the left across the line of travelof such first-mentioned vehicle, provided the driver of the vehicleturning left has given a plainly visible signal of intention to turn asre3uired in this Act.

!c The driver of any vehicle upon a highway within a business or residential district shall yield the right of way to a pedestriancrossing such highway within a crosswalk, e%cept atintersections where the movement of traffic is being regulated bya peace officer or by traffic signal. very pedestrian crossing ahighway within a business or residential district, at any pointother than a crosswalk shall yield the right of way to vehiclesupon the highway.

!d The driver of a vehicle upon a highway shall bring to a fullstop such vehicle before traversing any "through highway" or

railroad crossing 'rovided, That when it is apparent that noha&ard e%ists, the vehicle may be slowed down to five miles perhour instead of bringing it to a full stop.

S$tio" 43. +!ception to the right of way rule.

!a The driver of a vehicle entering a highway from a private roador drive shall yield the right of way to all vehicles approaching onsuch highway.


19/23

!b The driver of a vehicle upon a highway shall yield the right ofway to police or fire department vehicles and ambulances whensuch vehicles are operated on official business and the driversthereof sound audible signal of their approach.

!c The driver of a vehicle entering a "through highway" or a "stopintersection" shall yield the right of way to all vehiclesapproaching to either direction on such "through highway"

'rovided, That nothing in this subsection shall be construed asrelieving the driver of any vehicle being operated on a "throughhighway" from the duty of driving with due regard for the safety of vehicles entering such "through highway" nor as protecting thesaid driver from the conse3uence of an arbitrary e%ercise offsuch right of way.

S$tio" 44. Signals on starting, stopping or turning. -

!a The driver of any vehicle upon a highway, before starting,stopping or turning from a direct line, shall first see that such

movement can be made in safety, and if any pedestrian may beaffected by such movement, shall give a clearly audible signal bysounding the horn, and whenever the operation of any othervehicle approaching or following may be affected by suchmovement, shall give a signal plainly visible to the driver of suchother vehicles of the intention to make such movement.

!b The signal herein re3uired shall be given by means ofe%tending the hand and arm beyond the left side of the vehicle,or by an approved mechanical or electrical signal device.

ARTICLE IVT*"i" !"# P!*8i"

S$tio" 4/. Turning at intersections. -

!a The drive of a vehicle intending to run to the right at anintersection shall approach such intersection in the lane for trafficnearest to the right-hand side of the highway and, in turning,shall keep as close as possible to the right-hand curb or edge ofthe highway.

!b The driver of a vehicle intending to turn to the left shallapproach such intersection in the lane for traffic to the right of

and nearest to the center line of the highway, and, in turning,shall pass to the left of the center of the intersection, e%cept that,upon highways laned for traffic and upon one-way highways, aleft turn shall be made from the left lane of traffic in the directionin which the vehicle is proceeding.

!c 6or the purpose of this section, the center of the intersectionshall mean the meeting point of the medial lines of the highways

intersecting one another, e%cept when it is occupied by amonument, grass plot or any permanent structure, other thantraffic control device.

S$tio" 46. Paring prohibited in specified places. - 8o driver shall parka vehicle, or permit it to stand, whether attended or unattended, upon ahighway in any of the following places

!a 2ithin an intersection

!b n a crosswalk

!c 2ithin si% meters of the intersection of curb lines.

!d 2ithin four meters of the driveway entrance to and firestation.

!e 2ithin four meters of fire hydrant

!f *n front of a private driveway

!g n the roadway side of any vehicle stopped or parked at the

curb or edge of the highway

!h At any place where official signs have been erectedprohibiting parking.

S$tio" 40. Pared vehicle. - 2henever a motor vehicle is parkedunattended on any highway, the driver thereof must turn off the ignitionswitch and stop the motor and notch effectively the hand brake.

ARTICLE VMi($ll!"o( T*!&&i$ Rl(


20/23

S$tio" 4. Recless driving. - 8o person shall operate a motor vehicleon any highway recklessly or without reasonable caution considering thewidth, traffic, grades, crossing, curvatures, visibility and other conditionsof the highway and the conditions of the atmosphere and weather, or soas to endanger the property or the safety or rights of any person or so asto cause e%cessive or unreasonable damage to the highway.

S$tio" 42. Right of way for police and other emergency vehicles. -

7pon the approach of any police or fire department vehicle, or of anambulance giving audible signal, the driver of every other vehicle shallimmediately drive the same to a position as near as possible and parallelto the right-hand edge or curb of the highway, clear of any intersection of highways, and shall stop and remain in such position, unless otherwisedirected by a peace officer, until such vehicle shall have passed.

S$tio" /. Tampering with vehicles. - 8o unauthori&ed person shallsound the horn, handle the levers or set in motion or in any way tamperwith a damage or deface any motor vehicle.

S$tio" /1. -itching to a vehicle. - 8o person shall hang on to, ride on,the outside or the rear end of any vehicle, and no person on a bicycle,roller skate or other similar device, shall hold fast to or hitch on to anymoving vehicle, and no driver shall knowingly permit any person to hangon to or ride, the outside or rear end of his vehicle or allow any personon a bicycle, roller skate or other similar device to hold fast or hitch to hisvehicle.

S$tio" /'. %riving or paring on sidewal. - 8o person shall drive orpark a motor vehicle upon or along any sidewalk, path or alley notintended for vehicular traffic or parking.

S$tio" /3. %riving while under the influence of liuor or narcotic drug. -8o person shall drive a motor vehicle while under the influence of li3uoror narcotic drug.

S$tio" /4. (bstruction of traffic. - 8o person shall drive his motorvehicle in such a manner as to obstruct or impede the passage of anyvehicle, nor, while discharging or taking on passengers or loading orunloading freight, obstruct the free passage of other vehicles on thehighway.

S$tio" //. %uty of driver in case of accident. - *n the event that anyaccident should occur as a result of the operation of a motor vehicle

upon a highway, the driver present, shall show his driverBs license, givehis true name and address and also the true name and address of theowner of the motor vehicle.

8o driver of a motor vehicle concerned in a vehicular accident shallleave the scene of the accident without aiding the victim, e%cept underany of the following circumstances

9. *f he is in imminent danger of being seriously harmed by anyperson or persons by reason of the accident

:. *f he reports the accident to the nearest officer of the law or

;. *f he has to summon a physician or nurse to aid the victim.

CHAPTER VPENAL AND OTHER PROVISIONS

ARTICLE I

P"!lti(

S$tio" /6. Penalty for violation. - The following penalties shall beimposed for violations of this Act

!a 6or registering later than seven days after ac3uiring title to anunregistered motor vehicle or after conversion of a registeredmotor vehicle re3uiring larger registration fee than that for whichit was originally registered, or for renewal of a delin3uentregistration, the penalty shall be a fine fifty per cent of theregistration fees corresponding to the portion of the year for

which the vehicle is registered for use.

!b 6or failure to sign driverBs license or to carry same whiledriving, twenty pesos fine.

!c +riving a vehicle with a delin3uent or invalid driverBs license,fifty pesos fine.

!d +riving a motor vehicle with delin3uent, suspended or invalidregistration, or without registration or without the proper l icenseplate for the current year, three hundred pesos fine.


21/23

!e +riving a motor vehicle without first securing a driverBslicense, three hundred pesos fine.

!f +riving a motor vehicle while under the influence of li3uor ornarcotic drug, a fine of not less than two hundred pesos nor morethan five hundred pesos, or imprisonment of not more than threemonths, or both, at the discretion of the Court.

!g $iolation of )ection thirty-two, thirty-four !a, !b and !b-9,thirty-five and forty-si% a fine not e%ceeding one hundred pesos'rovided, however, That in the case of violation of )ection ;< !bthe vehicle or vehicles affected may not be allowed to operateunless the re3uirements provided in this section are compliedwith.

!h $iolations of )ections forty-nine, fifty and fifty-two, a fine note%ceeding fifty pesos.

!i 6or making, using or attempting to make or use a driverBs

license, badge, certificate or registration, number plate, tag orpermit in imitation or similitude of those issued under this Act, orintended to be used as or for a legal license, badge, certificate,plate, tag or permit or with intent to sell or otherwise dispose ofthe same to another, or false or fraudulently represent as validand in force any driverBs license, badge, certificate, plate, tag orpermit issued under this Act which is delin3uent or which hasbeen suspended or revoked, a fine of not e%ceeding threehundred pesos.

!( 6or using private passenger automobiles, private trucks,

private motorcycles, and motor wheel attachments for hire, inviolation of )ection seven, subsections !a, !b, and !c, of this Act, a fine of two hundred pesos and suspension of driverBslicense for a period of three months for the first conviction a fineof three hundred pesos and si% months imprisonment for thesecond conviction and an imprisonment of one year andpermanent revocation of the driverBs license for the thirdconviction.

!k 6or permitting, allowing, consenting to, or tolerating the use of a privately-owned motor vehicle for hire in violation of )ectionseven, subsections !a, !b, and !c, of this Act, there shall be

imposed upon the owner of the vehicle a fine of five hundred

pesos and the certificate of registration shall be suspended for aperiod of three months for the first conviction, and an increase ofone hundred pesos in the fine and one monthBs suspension ofthe registration for each subse3uent conviction.

!l 6or violation of any provisions of this Act or regulationspromulgated pursuant hereto, not hereinbefore specificallypunished, a fine of not less than ten or more than fifty pesos shall

be imposed.

!m *n the event an offender cannot pay any fine imposedpursuant to the provisions of this Act, he shall be made toundergo subsidiary imprisonment as provided for in the 4evised'enal Code.

!n *f, as the result of negligence or reckless or unreasonable fastdriving, any accident occurs resulting in death or in(ury of anyperson, the motor vehicle operator at fault shall, upon conviction,be punished under the provisions of the 4evised 'enal Code.

S$tio" /0. Punishment for other offenses. - The conviction of anyperson for any offense under this Act shall not bar his prosecution forany other offense which may have been committed by such personconcurrently with the commission of the offense of which he wasconvicted or in doing the act or series of acts which constituted theoffense of which he was convicted.

S$tio" /. %uty of clers of court. - *t is hereby made the duty of clerksof the Court of 6irst *nstance, the City Court of #unicipal Court tryingtraffic violation cases to certify to the Commission the result of any case,

whether criminal or civil, involving violations of any provision of this Actor of other laws and ordinances relating to motor vehicles. )aidcertificate shall specifically contain the name of the driver or owner of thevehicle involved, his address, the number of his license and0or of thecertificate or registration of his vehicle, and the date thereof, and theoffense of which he was convicted or ac3uitted.

ARTICLE IIColl$tio" o& F(, T!9( !"# Fi"(, Li"(, Allot)"t o& F"#(

S$tio" /2. !a Collection of fees national and local ta%es toll fees. -The collection of all fees, ta%es, and fines, under the provisions of this


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Act shall be made in accordance with regulations to be prescribed by theCommissioner and approved (ointly by the Auditor /eneral.

!b 8o ta%es or fees other than those prescribed in this Act shallbe imposed for the registration or operation or on the ownershipof any motor vehicle, or for the e%ercise of the profession ofchauffeur, by any municipal corporation, the provisions of any citycharter to the contrary notwithstanding 'rovided, however, That

any provincial board, city or municipal council or board or othercompetent authority may enact and collect such reasonable ande3uitable toll fees for the use of such bridges and ferries, withintheir respective (urisdiction, as may be authori&ed and approvedby the )ecretary of 'ublic 2orks and Communications, and alsofor the use of such public roads, as may be authori&ed by the'resident of the 'hilippines upon recommendation of the)ecretary of 'ublic 2orks and Communications, but in none ofthese cases shall any toll fees be charged or collected until andunless the approved schedule of tolls has been posted legibly ina conspicuous place at such toll station.

S$tio" 6. The lien upon motor vehicles. - Any balance of fees forregistration, re-registration or delin3uent registration of a motor vehicle,remaining unpaid and all fines imposed upon any vehicle owner, shallconstitute a first lien upon the motor vehicle concerned.

The Commission is hereby vested with authority to issue a warrant ofconstructive or actual distraint or and levy to any owner of motor vehiclewho has any balance of fees for registration, re-registration or delin3uentregistration of a motor vehicle remaining unpaid, which upon demand bythe Commissioner of the Land Transportation Commission or any of hisdeputies e%ecuting such warrant, the owner of the said vehicle shall

surrender same at the time demanded, e%cept when the attachment ore%ecution is under any (udicial process. Any owner who fails or refusesto surrender any of such property or vehicle not so surrendered shall bepunished by a fine not e%ceeding the amount of the fees !includingpenalties and interests, if any for the collection of which such warranthas been issued, together with the costs and interests, if any, from thetime of such surrender. *n addition, such owner shall punished by a fineof not more than three hundred pesos or an imprisonment not more thansi% months, or both.

S$tio" 61. %isposal of monies collected. - #onies collected under the

provisions of this Act shall be deposited in a special trust account in the8ational Treasury to constitute the 1ighway )pecial 6und, which shall be

apportioned and e%pended in accordance with the provisions of the"'hilippine 1ighway Act of 9F=;" 'rovided, however, That the amountnecessary to maintain and e3uip the Land Transportation Commissionbut not to e%ceed fifteen per cent of the total collections during any oneyear, shall be set aside for the purpose.

ARTICLE IIIFi"!l P*o5i(io"(

S$tio" 6'. 8o provincial board, city or municipal board or council shallenact or enforce any ordinance or resolution in conflict with theprovisions of this Act, or prohibiting any deputy or agent of theCommission to enforce this Act within their respective territorial

(urisdiction and the provisions of any charter to the contrarynotwithstanding.

S$tio" 63. Repeal of laws and ordinances. - Act 8umbered Thirty-ninehundred ninety-two, as amended, and all laws, e%ecutive orders,ordinances, resolutions, regulations, or parts thereof in conflict with the

provisions of this Act are repealed 'rovided, however, That nothingcontained in this Act shall be construed as limiting or superseding anyprovisions of the 'ublic )ervice Act, as amended, with respect to thecontrol by the 'ublic )ervice Commission of motor vehicles operating aspublic service, nor shall any provision of this Act be construed as limitingor abridging the powers conferred upon and e%ercised by the 'ublic)ervice Commission with regards to the control and supervision of theoperation of such motor vehicles as public service.

S$tio" 64. Appropriation. - To carry out effectively the provisions of this Act, the amount of two hundred fifty thousand pesos is herebyappropriated out of the fees collected under this Act, in addition to theappropriations provided in the /eneral Appropriations Act, for thee%pense of this Commission for the fiscal year beginning uly first,nineteen hundred and si%ty-four, to une thirtieth, nineteen hundred andsi%ty-five 'rovided, however, That any savings in the appropriations ofthe #otor $ehicles ffice for the fiscal year beginning uly first, nineteenhundred and si%ty-three, to une thirtieth, nineteen hundred and si%ty-four shall likewise be available for this purpose.

S$tio" 6/. Separability. - *f any provisions of this Act or the applicationthereof to any person or circumstance is held invalid, the remainder ofthe Act, and the application of such provision to other persons or

circumstances, shall not be affected thereby.


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S$tio" 66. +ffectivity. - This Act shall take effect upon its approval.

Approved une :D, 9F>

Documents

RA 4136 - Transportation Code.docx