You are on page 1of 4

REPUBLIC ACT No.

4136 having two or more lanes for movement of traffic in one


direction where the driver of a vehicle may overtake or pass
Land Transportation and Traffic Code
another vehicle: Provided, That on a highway within a business
Section 5. All motor vehicles and other vehicles must be registered. or residential district, having two or more lanes for movement
of traffic in one direction, the driver of a vehicle may overtake
(a) No motor vehicle shall be used or operated on or upon any or pass another vehicle on the right.
public highway of the Philippines unless the same is properly
registered for the current year in accordance with the (c) The driver of a vehicle shall not overtake or pass any other
provisions of this Act. vehicle proceeding in the same direction, at any railway grade
crossing, not at any intersection of highways unless such
Section 19. Duty to procure license. - Except as otherwise intersection or crossing is controlled by traffic signal, or unless
specifically provided in this Act, no person shall operate any motor permitted to do so by a watchman or a peace officer, except on
vehicle without first procuring a license to drive a motor vehicle for a highway having two or more lanes for movement of traffic in
the current year, nor while such license is delinquent, invalid, one direction where the driver of a vehicle may overtake or
suspended or revoked. pass another vehicle on the right. Nothing in this section shall
The license shall be carried by the driver at all times when operating be construed to prohibit a driver overtaking or passing upon
a motor vehicle, and shall be shown and/or surrendered for cause the right another vehicle which is making or about to make a
and upon demand to any person with authority under this Act to left turn.
confiscate the same. (d) The driver of a vehicle shall not overtake or pass, or
Section 35. Restriction as to speed. - attempt to pass, any other vehicle, proceeding in the same
direction, between any points indicated by the placing of official
(a) Any person driving a motor vehicle on a highway shall drive temporary warning or caution signs indicating that men are
the same at a careful and prudent speed, not greater nor less working on the highway.
than is reasonable and proper, having due regard for the
traffic, the width of the highway, and of any other condition (e) The driver of a vehicle shall not overtake or pass, or
then and there existing; and no person shall drive any motor attempt to overtake or pass, any other vehicle proceeding in
vehicle upon a highway at such a speed as to endanger the the same direction in any "no-passing or overtaking zone."
life, limb and property of any person, nor at a speed greater Section 42. Right of way.
than will permit him to bring the vehicle to a stop within the
assured clear distance ahead. (a) When two vehicles approach or enter an intersection at
approximately the same time, the driver of the vehicle on the
Section 37. Driving on right side of highway. - Unless a different left shall yield the right of way to the vehicle on the right,
course of action is required in the interest of the safety and the except as otherwise hereinafter provided. The driver of any
security of life, person or property, or because of unreasonable vehicle traveling at an unlawful speed shall forfeit any right of
difficulty of operation in compliance herewith, every person way which he might otherwise have hereunder.
operating a motor vehicle or an animal-drawn vehicle on a highway
shall pass to the right when meeting persons or vehicles coming (b) The driver of a vehicle approaching but not having entered
toward him, and to the left when overtaking persons or vehicles an intersection, shall yield the right of way to a vehicle within
going the same direction, and when turning to the left in going from such intersection or turning therein to the left across the line of
one highway to another, every vehicle shall be conducted to the travel of such first-mentioned vehicle, provided the driver of the
right of the center of the intersection of the highway. vehicle turning left has given a plainly visible signal of intention
to turn as required in this Act.
Section 39. Overtaking a vehicle. - The driver of any motor vehicle
overtaking another vehicle proceeding in the same direction shall (c) The driver of any vehicle upon a highway within a business
pass at a safe distance to the left thereof, and shall not again drive or residential district shall yield the right of way to a pedestrian
to the right side of the highway until safety clear of such overtaken crossing such highway within a crosswalk, except at
vehicle except that on a highway, within a business or residential intersections where the movement of traffic is being regulated
district, having two or more lanes for the movement of traffic in one by a peace officer or by traffic signal. Every pedestrian
direction, the driver of a vehicle may overtake and pass another crossing a highway within a business or residential district, at
vehicle on the right. Nothing in this section shall be construed to any point other than a crosswalk shall yield the right of way to
prohibit a driver overtaking and passing, upon the right, another vehicles upon the highway.
vehicle which is making or about to make a left turn. (d) The driver of a vehicle upon a highway shall bring to a full
Section 40. Driver to give way to overtaking vehicle. - The driver of stop such vehicle before traversing any "through highway" or
a vehicle about to be overtaken and passed by another vehicle railroad crossing: Provided, That when it is apparent that no
approaching from the rear shall give way to the overtaking vehicle hazard exists, the vehicle may be slowed down to five miles
on suitable and audible signal being given by the driver of the per hour instead of bringing it to a full stop.
overtaking vehicle, and shall not increase the speed of his vehicle Section 43. Exception to the right of way rule.
until completely passed by the overtaking vehicle.
(a) The driver of a vehicle entering a highway from a private
Section 41. Restrictions on overtaking and passing.
road or drive shall yield the right of way to all vehicles
(a) The driver of a vehicle shall not drive to the left side of the approaching on such highway.
center line of a highway in overtaking or passing another (b) The driver of a vehicle upon a highway shall yield the right
vehicle proceeding in the same direction, unless such left side of way to police or fire department vehicles and ambulances
is clearly visible, and is free of oncoming traffic for a sufficient when such vehicles are operated on official business and the
distance ahead to permit such overtaking or passing to be drivers thereof sound audible signal of their approach.
made in safety.
(c) The driver of a vehicle entering a "through highway" or a
(b) The driver of a vehicle shall not overtake or pass another "stop intersection" shall yield the right of way to all vehicles
vehicle proceeding in the same direction, when approaching approaching to either direction on such "through highway":
the crest of a grade, not upon a curve in the highway, where Provided, That nothing in this subsection shall be construed as
the driver's view along the highway is obstructed within a relieving the driver of any vehicle being operated on a "through
distance of five hundred feet ahead, except on a highway highway" from the duty of driving with due regard for the safety
of vehicles entering such "through highway" nor as protecting position, unless otherwise directed by a peace officer, until such
the said driver from the consequence of an arbitrary exercise vehicle shall have passed.
off such right of way.
Section 44. Signals on starting, stopping or turning. -
(a) The driver of any vehicle upon a highway, before starting,
REPUBLIC ACT NO. 8750
stopping or turning from a direct line, shall first see that such
movement can be made in safety, and if any pedestrian may Seat Belts Use Act of 1999
be affected by such movement, shall give a clearly audible
signal by sounding the horn, and whenever the operation of Section 4. Mandatory Use of Seat Belts. — For their own safety, the
any other vehicle approaching or following may be affected by driver and front seat passengers of a public or private motor vehicle
such movement, shall give a signal plainly visible to the driver are required to wear or use their seat belt devices while inside a
of such other vehicles of the intention to make such movement. vehicle of running engine on any road or thoroughfare: Provided,
That for private vehicles, except for jeeps, jeepneys, vans, buses
(b) The signal herein required shall be given by means of and such other private vehicles as may be determined in the
extending the hand and arm beyond the left side of the vehicle, Implementing Rules and Regulations (IRR), front and back seat
or by an approved mechanical or electrical signal device. passengers are likewise required to use their seat belt devices at all
Section 45. Turning at intersections. - times.

(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.

Section 8. Refusal to Subject Oneself to Mandatory Tests. – A


driver of a motor vehicle who refuses to undergo the mandatory field REPUBLIC ACT NO. 11229
sobriety and drug tests under Sections 6, 7 and 15 of this Act shall Child Safety in Motor Vehicles Act
be penalized by the confiscation and automatic revocation of his or
her driver’s license, in addition to other penalties provided herein SEC. 4. Mandatory Use of Child Restraint System in Motor Vehicle.
and/or other pertinent laws. — It shall be unlawful for the driver of a covered vehicle not to
properly secure at all times a child, in a child restraint system while
Section 12. Penalties. – A driver found to have been driving a motor the engine is running or transporting such child on any road, street
vehicle while under the influence of alcohol, dangerous drugs and/or or highway unless the child is at least one hundred fifty (150)
other similar substances, as provided for under Section 5 of this Act, centimeters or fifty-nine (59) inches in height and is properly secured
shall be penalized as follows: using the regular seat belt. The child restraint system shall be
(a) If the violation of Section 5 did not result in physical injuries appropriate to the child’s age, height and weight, and approved in
or homicide, the penalty of three (3) months imprisonment, and accordance with Section 6 of this Act.
a fine ranging from Twenty thousand pesos (Php20,000.00) to The requirements of this section shall not apply to circumstances
Eighty thousand pesos (Php80,000.00) shall be imposed; where the child restraint system would put such child in a greater
(b) If the violation of Section 5 resulted in physical injuries, the danger, such as:
penalty provided in Article 263 of the Revised Penal Code or (1) During medical emergencies;
the penalty provided in the next preceding subparagraph, (2) When the child transported has a medical or developmental
whichever is higher, and a fine ranging from One hundred condition; or
thousand pesos (Php100,000.00) to Two hundred thousand (3) Other analogous circumstances prescribed under the
pesos (Php200,000.00) shall be imposed; implementing rules and regulations (IRR).
(c) If the violation of Section 5 resulted in homicide, the penalty Notwithstanding the child being secured in a child restraint system,
provided in Article 249 of the Revised Penal Code and a fine at no instance shall such child be left unaccompanied by an adult in
ranging from Three hundred thousand pesos (Php300,000.00) a motor vehicle.
to Five hundred thousand pesos (Php500,000.00) shall be
imposed; and SEC. 5. Children in Rear Seats. — No child twelve (12) years and
below of age shall be allowed to sit in a front seat of a motor vehicle
(d) The nonprofessional driver’s license of any person found to with a running engine or while such child is being transported on any
have violated Section 5 of this Act shall also be confiscated road, street or highway, unless the child meets the height
and suspended for a period of twelve (12) months for the first requirement set forth in Section 4 of this Act and is properly secured
conviction and perpetually revoked for the second conviction. using the regular seat belt in the front seat.
The professional driver’s license of any person found to have
violated Section 5 of this Act shall also be confiscated and
REPUBLIC ACT NO. 10913
Anti-Distracted Driving Act
Sec. 4. Distracted Driving. – Subject to the qualifications in Sections
5 and 6 of this Act, distracted driving refers to the performance by a
motorist of any of the following acts in a motor vehicle in motion or
temporarily stopped at a red light, whether diplomatic, public or
private, which are hereby declared unlawful;
(a) Using a mobile communications device to write, send, or read a
text-based communication or to make or receive calls, and other
similar acts; and
(b) Using an electronic entertainment or computing device to play
games, watch movies, surf the internet, compose messages, read e-
books, perform calculations, and other similar acts.
Sec. 5. Extent of Coverage.
(a) The operation of a mobile communications device is not
considered to be distracted driving if done using the aid of a
hands-free function or similar device such as, but not limited to,
a speaker phone, earphones and microphones or other similar
devices which allow a person to make and receive calls without
having to hold the mobile communications device: Provided,
That the placement of the mobile communications device or
the hands-free device does not interfere with the line of sight of
the driver.
(b) Wheeled agricultural machineries such as tractors and
construction equipment such as graders, rollers, backhoes,
pay loaders, cranes, bulldozers, mobile concrete mixers and
the like, and other forms of conveyances such as bicycles,
pedicabs, habal-habal , trolleys, “kuligligs”, wagons, carriages,
carts, sledges, chariots or the like, whether animal or human-
powered, are covered by the provisions of this Act as long as
the same are operated or driven in public thorough fares,
highways or streets or under circumstances where public
safety is under consideration.
(c) The provisions of this Act shall not apply to motorists of
motor vehicles which are not in motion, except those which are
stopped momentarily at a red light, or are pulled over to the
side of the road in compliance with a traffic regulation.
Sec. 6. Exemptions. – The provisions of this Act shall not apply to
the following:
(a) A motorist using a mobile phone for emergency purposes,
including, but not limited to, an emergency call to a law
enforcement agency, health care provider, fire department, or
other emergency services, agency or entity; and
(b) A motorist using a mobile phone while operating an
emergency vehicle such as an ambulance, a fire truck, and
other vehicles providing emergency assistance, in the course
and scope of his or her duties.
Sec. 9. Liability of Owner and/or Operator of the Vehicle Driven by
the Offender. – The owner and/or operator of the vehicle driven by
the offender shall be directly and principally held liable together with
the offender for the fine unless he or she is able to convincingly
prove that he or she has exercised extraordinary diligence in the
selection and supervision of his or her drivers in general and the
offending driver in particular.
This section shall principally apply to the owners and/or operators of
public utility vehicles and commercial vehicles such as delivery
vans, cargo trucks, container trucks, school and company buses,
hotel transports, cars or vans for rent, taxi cabs, and the like.

You might also like