Professional Documents
Culture Documents
Torts Laws1
Torts Laws1
(a) The drive of a vehicle intending to run to the right at an In the case of public motor vehicles, the driver shall be required to
intersection shall approach such intersection in the lane for immediately inform and require the front seat passengers upon
traffic nearest to the right-hand side of the highway and, in boarding a vehicle of running engine to wear the prescribed seat
turning, shall keep as close as possible to the right-hand curb belts. Any passenger who refuses to wear seat belts shall not be
or edge of the highway. allowed to continue his/her trip.
(b) The driver of a vehicle intending to turn to the left shall For special public service vehicles such as school services and
approach such intersection in the lane for traffic to the right of other similar vehicles as may be determined by the IRR, seat belt
and nearest to the center line of the highway, and, in turning, devices should be provided and used by both drivers and front seat
shall pass to the left of the center of the intersection, except passengers as defined herein and the first row passengers
that, upon highways laned for traffic and upon one-way immediately behind the driver at all times while inside a vehicle of
highways, a left turn shall be made from the left lane of traffic running engine.
in the direction in which the vehicle is proceeding. Operational motor vehicles, both public and private, which are not
(c) For the purpose of this section, the center of the equipped with the required seat belt devices, are given one (1) year
intersection shall mean the meeting point of the medial lines of from the issuance of the IRR by the Land Transportation Office
the highways intersecting one another, except when it is (LTO) to retrofit appropriate seat belt devices in their vehicles.
occupied by a monument, grass plot or any permanent Section 5. Children Prohibited to Sit in Front Seat. — Infants and/or
structure, other than traffic control device. children with ages six (6) years and below shall be prohibited to sit
Section 46. Parking prohibited in specified places. - No driver shall in the front seat of any running motor vehicle.
park a vehicle, or permit it to stand, whether attended or unattended, Section 6. Coverage. — This Act, in the interest of public safety,
upon a highway in any of the following places: shall apply to drivers and front seat passengers of public and private
(a) Within an intersection motor vehicles and other vehicles as may be determined by the IRR
thereon.
(b) On a crosswalk
(c) Within six meters of the intersection of curb lines.
(d) Within four meters of the driveway entrance to and fire
REPUBLIC ACT NO. 10054
station.
Motorcycle Helmet Act of 2009
(e) Within four meters of fire hydrant
Section 3. Mandatory Use of Motorcycle Helmets. - All motorcycle
(f) In front of a private driveway
riders, including drivers and back riders, shall at all times wear
(g) On the roadway side of any vehicle stopped or parked at standard protective motorcycle helmets while driving, whether long
the curb or edge of the highway or short drives, in any type of road and highway.
(h) At any place where official signs have been erected Standard protective motorcycle helmets are appropriate types of
prohibiting parking. helmets for motorcycle riders that comply with the specifications
issued by the Department of Trade and Industry (DTI).
Section 48. Reckless driving. - No person shall operate a motor
vehicle on any highway recklessly or without reasonable caution The DTI shall issue guidelines, which should include the
considering the width, traffic, grades, crossing, curvatures, visibility specifications regarding standard protective motorcycle helmets.
and other conditions of the highway and the conditions of the
Section 4. Exemption. - Drivers of tricycles shall be exempted from
atmosphere and weather, or so as to endanger the property or the
safety or rights of any person or so as to cause excessive or complying with the mandatory wearing of motorcycle helmets as
unreasonable damage to the highway. provided in this Act.
Section 49. Right of way for police and other emergency vehicles. -
Upon the approach of any police or fire department vehicle, or of an
ambulance giving audible signal, the driver of every other vehicle
shall immediately drive the same to a position as near as possible
and parallel to the right-hand edge or curb of the highway, clear of
any intersection of highways, and shall stop and remain in such
REPUBLIC ACT No. 10586 perpetually revoked for the first conviction. The perpetual
Anti-Drunk and Drugged Driving Act of 2013 revocation of a driver’s license shall disqualify the person from
being granted any kind of driver’s license thereafter.
Section 5. Punishable Act. – It shall be unlawful for any person to
drive a motor vehicle while under the influence of alcohol, The prosecution for any violation of this Act shall be without
dangerous drugs and/or other similar substances. prejudice to criminal prosecution for violation of the Revised Penal
Code, Republic Act No. 9165 and other special laws and existing
Section 6. Conduct of Field Sobriety, Chemical and Confirmatory
local ordinances, whenever applicable.
Tests. – A law enforcement officer who has probable cause to
believe that a person is driving under the influence of alcohol,
dangerous drugs and/or other similar substances by apparent
REPUBLIC ACT No. 10666
indications and manifestations, including overspeeding, weaving,
Children’s Safety on Motorcycles Act of 2015
lane straddling, sudden stops, swerving, poor coordination or the
evident smell of alcohol in a person’s breath or signs of use of Section 4. Prohibition. – It shall be unlawful for any person to drive
dangerous drugs and other similar substances, shall conduct field a two (2)-wheeled motorcycle with a child on board on public roads
sobriety tests. where there is heavy volume of vehicles, there is a high density of
If the driver fails in the sobriety tests, it shall be the duty of the law fast moving vehicles or where a speed limit of more than 60/kph is
enforcement officer to implement the mandatory determination of the imposed, unless:
driver’s blood alcohol concentration level through the use of a breath (a) The child passenger can comfortably reach his/her feet on
analyzer or similar measuring instrument. the standard foot peg of the motorcycle;
If the law enforcement officer has probable cause to believe that a (b) The child’s arms can reach around and grasp the waist of
person is driving under the influence of dangerous drugs and/or the motorcycle rider; and
other similar substances, it shall be the duty of the law enforcement (c) The child is wearing a standard protective helmet referred
officer to bring the driver to the nearest police station to be subjected to under Republic Act No. 10054, otherwise known the
to a drug screening test and, if necessary, a drug confirmatory test "Motorcycle Helmet Act of 2009."
as mandated under Republic Act No. 9165. Section 5. Exception. – Notwithstanding the prohibition provided in
Law enforcement officers and deputized local traffic enforcement the preceding section, this Act shall not apply to cases where the
officers shall be responsible in implementing this section. child to be transported requires immediate medical attention.
Section 7. Mandatory Alcohol and Chemical Testing of Drivers Section 8. Qualifying Circumstances. – If, in violation of the
Involved in Motor Vehicular Accidents. – A driver of a motor vehicle provisions of this Act, death shall have resulted or serious or less
involved in a vehicular accident resulting in the loss of human life or serious injuries shall have been inflicted upon the child or any other
physical injuries shall be subjected to chemical tests, including a person, a penalty of one (1) year imprisonment shall be imposed
drug screening test and, if necessary, a drug confirmatory test as upon the motorcycle rider or operator of the motorcycle involved
mandated under Republic Act No. 9165, to determine the presence without prejudice to the penalties provided under Act No. 3815,
and/or concentration of alcohol, dangerous drugs and/or similar otherwise known as "The Revised Penal Code of the Philippines", as
substances in the bloodstream or body. amended.