REVIEWER BASED ON “ESSENTIALS OF TRANSPORTATION AND PUBLIC UTITLITIES LAW” BY AQUINO AND

HERNANDO

CHAPTER 1

CONTRACT OF TRANSPORTATION

When a person obligates himself to transport persons or property from one place to another for
consideration.

The contract may involve carriage of passengers or carriage of goods.

The person who obligates himself to transport the goods or passengers may be a common carrier or a
private carrier.

PARTIES

The contract of transportation would depend on whether it is for carriage of passenger or carriage of
goods.

Carriage of Passengers

· Common Carrier

· Passenger – one who travels in a public conveyance by virtue of contract, express or implied, with
the carrier subject to payment of fare or an equivalent thereof.

Carriage of Goods

· Carrier

· Shipper – The person who delivers the goods to the carrier for transportation. The person who pays
the consideration or on whose behalf payment is made.

Consignee

The person to whom the goods are to be delivered.

The consignee may be the shipper himself as in the case where the goods will be delivered to one of the
branch offices of the shipper. However, the consignee may be a third person who is not actually a party
to the contract of carriage.

PERFECTION

Two views in perfection of a contract of carriage of passengers.

· Contract to Carry – an agreement to carry the passenger to carry the passenger at some future
date. This contract is consensual and is therefore perfected by mere consent.

· Contract of carriage or of common carriage itself – considered a real contract for not until the
facilities of the carrier are actually used can the carrier be said to have already assumed the obligation of
the carrier.

On Contract of Carriage of Goods

With respect to carriage of goods, there may be a consensual contract to carry goods whereby the
carrier agrees to accept and transport goods at some future date.

Compania Maritima vs Insurance Company of North America

The test as to whether the relation of shipper and carrier had been established is, Had the control and
possession of the cotton been completely surrendered by the shipper to the railroad company?
Whenever the control and possession of goods passes to the carrier and nothing remains to be done by
the shipper, then it can be said with certainty that the relation of shipper and carrier has been
established.

Carriage of Passengers

Breach of contract to carry may be sustained even if no tickets were issued, a verbal contract to carry is
already a binding consensual contract.

WRITTEN CONRACT NOT ESSENTIAL

The presence of a ticket or a bill of lading or any written contract is not necessary for the perfection of
the contract of carriage.

The Code does not demand, as necessary requisite in the contract of transportation, the delivery of the
bill of lading to the shipper, but gives right to both the carrier and the shipper to mutually demand of
each other the delivery of said bill.

AIRCRAFT

There is a perfected contract to carry passengers even if no tickets have been issued to said passengers
so long as there was already a meeting of minds with respect to the subject matter and the
consideration.

BUSES, JEEPNEYS, AND STREET CARS.

Continuing offer rule, it is the duty of the drivers to stop their conveyances for a reasonable length of
time in order to afford passengers an opportunity to board and enter, and they are liable for injuries
suffered by boarding passengers resulting from sudden starting up of the carrier.

It follows that the passenger is deemed to be accepting the offer if he already attempting to board the
conveyances and the contract of carriage is PERFECTED from that point.

TRAINS

Requisites for a person to be deemed as a passenger (doesn’t have to be in order):

· Bona fide intention to use the facilities of the carrier.

· Possess sufficient fare with which to pay for his passage.

· Present himself to the carrier for transportation in the place and manner provided.

COMMON CARRIER
Article 1732. Common carriers are persons, corporations, firms or associations engaged in the business
of carrying or transporting passengers or goods or both, by land, water, or air, for compensation,
offering their services to the public.

· It has also been defined as “one that holds itself out as ready to engage in the transportation of
goods for hire as a public employment and not as a casual occupation.”

Public Service. The concept of “common carrier” under Art. 1732 may be seen to coincide neatly with
the notion of “public service,” under the Public Service Act (Commonwealy Act No. 1416, as amended)
that at least partially supplements the law on common carriers set forth in the Civil Code. Under Section
13 paragraph (b) of the Public Service Act, “public service” includes:

…every person that now or hereafter may own, operate, manage, or control in the Philippines, for hire
or compensation, with general or limited clientele, whether permanent, occasional or accidental, and
done for general business purposes, any common carrier, railroad, street railway, traction railway, sub-
way motor vehicle, either for freight or passenger, or both with or without fixed route and whether may
be its classification, freight or carrier service of any class, express service, steamboat or steamship line,
pontines, ferries, and water craft, engaged in the transportation of passengers or freight or both,
shipyard, marine railways, marine repair shop, [warehouse] wharf or dock, ice plant, ice-refrigeration
plant, canal, irrigation system, gas, electric light, heat and power water supply and power, petroleum,
sewerage system, wire or wireless communications system, wire or wireless broadcasting stations and
other similar public services: Provided, however, That a person engaged in agriculture, not otherwise a
public service, who owns a motor vehicle and uses it personally and/or enters into a special contract
whereby said motor vehicle is offered for hire or compensation to a third party or third parties engaged
in agriculture, not itself or themselves a public service, for operation by the latter for a limited time and
for a specific purpose directly connected with the cultivation of his or their farm, the transportation,
processing, and marketing of agricultural products of such third party or third parties shall not be
considered as operating a public service for the purposes of this Act.

TEST

First Philippine Industrial Corp vs CA

1. He must be engaged in the business of carrying goods for others as a public employment, and must
hold himself out as ready to engage in the transportation of goods for person generally as a business
and not as a casual occupation;

2. He must undertake to carry goods of the kind to which his business is confined;

3. He must undertake to carry by the method by which his business is conducted and over his
established roads; and

4. The transportation must be for hire.

Public Use. Means the same as “use by the public.” The essential feature of the public use is that it is not
confined to privileged individuals, but is open to the indefinite public us is that it is not confined to
privileged individuals, but is open to the indefinite public.

Sps. Cruz v Sun Holidays

Indeed, respondent is a common carrier. Its ferry services are so intertwined with its main business as to
be properly considered ancillary thereto. The constancy of respondent’s ferry services in its resort
operations is underscored by its having its own Coco Beach boats. And the tour packages it offers, which
include the ferry services, may be availed of by anyone who can afford to pay the same. These services
are thus available to the public.

THE TRUE TEST

Sps. Perena vs Sps. Nicolas

As all the foregoing indicate, the true test for a common carrier is not the quantity or extent of the
business actually transacted, or the number and character of the conveyances used in the activity, but
whether the undertaking is a part of the activity engaged in by the carrier that he has held out to the
general public as his business or occupation. If the undertaking is a single transaction, not a part of the
general business or occupation engaged in, as advertised and held out to the general public, the
individual or the entity rendering such service is a private, not a common, carrier. The question must be
determined by the character of the business actually carried on by the carrier, not by any secret
intention or mental reservation it may entertain or assert when charged with the duties and obligations
that the law imposes.

CHARACTERISTICS

Common Carrier contemplated under Art.1732

· Art. 1732 makes no distinction between one whose principal business activity is the carrying of
persons or goods or both, AND one who does such carrying only as an ancillary activity (side line).

· 1732 also carefully avoids making any distinction between a person or enterprise offering
[1]transportation service on a regular or scheduled basis AND one offering such services on an
occasional, episodic, or unscheduled basis.

· 1732 does not distinguish between a carrier offering its services to the “general public”, i.e., the
general community or population, AND one who offers services or solicits business only from a narrow
segment of the general population.

· A person or entity is a common carrier and has the obligations of the common carrier under the
Civil Code even if he did not secure a Certificate of Public Convenience.

· The Civil Code makes no distinction as to the means of transporting, as long as it is by land, water,
or air.
· The Civil Code does not provide that the transportation should be by motor vehicle.

· A person or entity may be a common carrier even if he has no fixed and publicly known route,
maintains no terminals, and issues no tickets.

· A person or entity need not be engaged in the business of public transportation for the provisions
of the Civil Code on common carriers to apply to them.

· The Carrier can also be a common carrier even if the operator does not own the vehicle or vessel
that he or she operates

ANCILLARY BUSINESS

Art. 1732 makes no distinction between one whose principal business activity is the carrying of persons
or goods or both, AND one who does such carrying only as an ancillary activity

De Guzman vs CA

Thus, even if the transportation of goods was ancillary to the main business of buying and selling used
bottles and scrap metals, the SC considered the private respondent a common carrier.

LIMITED CLIENTELE

Although the clientele is limited, the regularity of the activities of a carrier may indicate that the same
carrier is a common carrier.

Sps. Perena vs Sps. Nicolas

Applying these considerations to the case before us, there is no question that the Pereñas as the
operators of a school bus service were: (a) engaged in transporting passengers generally as a business,
not just as a casual occupation; (b) undertaking to carry passengers over established roads by the
method by which the business was conducted; and (c) transporting students for a fee. Despite catering
to a limited clientèle, the Pereñas operated as a common carrier because they held themselves out as a
ready transportation indiscriminately to the students of a particular school living within or near where
they operated the service and for a fee.

MEANS OF TRANSPORTATION

First Philippine Industrial Corp. vs CA

Pipeline operators are common carriers that are subject to business taxes on common carriers. Such
operators are common carriers even if the oil or petroleum products are being transported not through
motor vehicles but through pipelines.

NOT COMMON CARRIER BY LAW

Note that under Section 7 of R.A. No. 10668, foreign vessels engaging in carriage conducted in
accordance with the said law shall not be considered common carriers under the New Civil Code; they
are also not offering a public service and this shall fall outside the coverage R.A. No. 9295 or the
“Domestic Shipping Development Act of 2004.

EFFECT OF CHARTER PARTY

A Charter Party may transform a common carrier into a private carrier. However, it must be bareboat or
demise charter where the charterer mans the vessel with his own people and becomes, in effect the
owner for the voyage or service stipulated.

The common carrier is not transformed into a private carrier if the charter party is a contract of a
affreightment like a voyage charter or a tome charter.

A Charter Party is defined as a contract by which an entire ship, or some principal part thereof, is let by
the owner to another person for a specified time or use. Charter Parties are of two types:

a. Contract of affreightment which involves the use of shipping space on vessels leased by the owner
in part or as a whole, to carry goods for others

b. Charter by demise or bareboat charter, by the terms of which the whole vessel is let to the
charterer with a transfer to him of its entire command and possession and consequent control over its
navigation, including the master and the crew, who are his servants.

COMMON CARRIER VS THE WORLD

Common Carrier

Private Carrier

A person, corporation, firm, or association engaged in the business of carrying or transporting

passengers or goods or both, by land, water, or air, for compensation, offering such services to the
public.

One who, without making the activity a vocation, or without holding himself or itself out to the public as
ready to act for all who may desire his or its services, undertakes by special agreement in a particular
instance only, to transport goods or persons from one place to another either gratuitously or for hire

Towage

One vessel is hired to bring another vessel to another place.

Arrastre
A Spanish word that refers to hauling cargo, comprehend the handling of cardo on the wharf or between
the establishment of the consignee or shipper and the ship’s tackle.

They are, in fact, no different from those of a depository or warehouseman.

Stevedoring

Involves the loading and unloading of the coastwise vessels calling at the port.

Refers to the handling of the cargo in the holds of the vessel or between the ship’s tackle and the holds
of the vessel.

Travel Agency

The object of contractual relation of a person who purchases a ticket through a travel agency is only the
agency’s service of arranging and facilitating the booking, ticketing and accommodation in a package
tour.

TRAMP SERVICE VS LINE SERVICE

(basis is R.A. 9515)

Tramp Service

Line Service

The operation of a contract carrier which has no regular and fixed routes and schedules but accepts
cargo wherever and whenever the shipper desires, is hired on a contractual basis, or chartered by any
one or few shippers under mutually agreed terms and usually carries bulk or break bulk cargoes.

The operation of a common carrier which publicly offers services without discrimination to any user, has
regular ports of call/destination, fixed sailing schedules and frequencies and published freight rates and
attendant charges and usually carries multiple consignments.

GOVERNING LAWS

Article 1766. In all matters not regulated by this Code, the rights and obligations of common carriers
shall be governed by the Code of Commerce and by special laws.
Article 1753. The law of the country to which the goods are to be transported shall govern the liability of
the common carrier for their loss, destruction or deterioration.

NATURE OF BUSINESS

Common carriers exercise a sort of pubic office, and have duties to perform in which the public is
interested.

Common carriers are public utilities; they are enterprise that specially cater to the needs of the public
and conduce to their comfort and convenience. As such common carriers are impressed with public
interest and concern. Consequently, common carriers are subject to regulation by the State.

REGISTERED OWNER RULE AND KABIT SYSTEM

In certain cases, it is not only the operator of the vehicle who may be held liable even if the cause if
actions is culpa contractual[2]. Ordinarily, the person who can be sued for breach of contract is the
contracting party. However, in certain cases, by reason of public policy, the law allows victims of
accidents to sue those who, strictly speaking, are third parties. This obtains in the cases covered by the
registered owner rule.

REGISTRATION LAWS

Registration of motor vehicles is now governed by R.A. 4136 otherwise known as “The Land
Transportation and Traffic Code.” The Land Transportation Office is now administering the law on
registration.

REGISTERED OWNER RULE

· The rule in this jurisdiction is that the person who is the registered owner of a vehicle is liable for
any damage caused by the negligent operation of the vehicle although the same was already sold or
conveyed to another person at the time of the incident. This rule is a matter of public interest. The
registered owner is liable to the injured party subject to his right of recourse against the transferee or
the buyer.

· The registered owner is not liable if the vehicle was taken from his garage without his knowledge
and consent. To hold the registered owner liable would be absurd as it would be like holding liable the
owner of a stolen vehicle for an accident caused by the person who stole such vehicle.

· Indeed, unauthorized use and/or theft of the vehicle may be invoked in proper cases. However,
absent the circumstance of unauthorized use or that the subject vehicle was stolen which are valid
defenses available to a registered owner, the registered owner cannot escape liability resulting from the
use of the registered owner’s vehicle.

· The registered owner rule applies in a financial lease.

· If the registered owner is made liable despite the transfer of the vehicle, the transferee is liable to
the registered owner for the damages caused to the passenger.
KABIT SYSTEM

The “registered owner” rule is applicable whenever the persons involved are engaged in what is known
as the “kabit system”.

The Kabit System is an arrangement whereby a person who has been granted a certificate of public
convenience allows other persons who own motor vehicles to operate then under his license,
sometimes for a fee or percentage of the earnings.

Although the law does not outrightly penalize the parties to such an agreement, the system is invariably
recognized as being contrary to public policy and therefore void and inexistent under Article 1409 of the
Civil Code.

PARI DELICTO RULE

Persons who are parties to the kabit system cannot invole the same as against each other either to
enforce their illegal agreement or to invoke the same to escape liability. This is consistent with the time-
honored maxim “ex pacto ilicto no oritur action” [ No action arises out of an illicit bargain].

LAND TRANSPORTATION RULES

The LTFRB imposes similar rules that implement the registered owner rule and prohibits Kabit System.

AIRCRAFTS AND VESSELS

It is believed that the policy, which prohibits the Kabit system, may also be applied to vessels and
aircrafts that are covered by certificates of public convenience and necessity.

It is a basic rule that no person can operate a common carrier without securing a certificate of pubic
convenience and necessity.

BOUNDARY SYSTEM

In land transportation where the boundary system may be implemented by the common carrier, the
carrier cannot escape liability by claiming that the driver is a lessee.

The carrier cannot exempt himself on the ground he is a lessor because to tolerate such position would
not only abet flagrant violations of the Public Service Law but also to place the riding public at the mercy
of reckless and irresponsible driver – reckless because the measure of their earning depends largely
upon the number of trips they make and, hence the speed at which they drive; and irresponsible
because the most if not all of them are in no position to pay the damages they might caus

CHAPTER IV

Traffic Rules

ARTICLE I
Speed Limit and Keeping to the Right

SECTION 35. Restriction as to Speed. – (a) Any person driving a motor vehicle on a highway shall drive
the same at a careful and prudent speed, not greater nor less than is reasonable and proper, having due
regard for the traffic, the width of the highway, and of any other condition then and there existing; and
no person shall drive any motor vehicle upon a highway at such a speed as to endanger the life, limb and
property of any person, nor at a speed greater than will permit him to bring the vehicle to a stop within
the assured clear distance ahead.

(b) Subject to the provisions of the preceding paragraph, the rate of speed of any motor vehicle shall not
exceed the following:

MAXIMUM ALLOWABLE SPEEDS

Passengers Cars Motor trucks and Motorcycle and buses

1. On open country roads, with no “blinds corners” not closely bordered by habitations. 80 km.
50 km.

per hour per hour

2. On “through streets” or boulevards, clear of traffic, with no ” blind corners,” when so

designated. 40 km. 30 km.

per hour per hour

3. On city and municipal streets, with light traffic, when not designated “through streets.” 30 km.
30 km.

per hour per hour

4. Through crowded streets, approaching intersections at “blind corners,” passing school zones,
passing other vehicles which are stationary, or for 20 km. 20 km.

similar dangerous circumstances. per hour per hour

(c) The rates of speed hereinabove prescribed shall not apply to the following:

(1) A physician or his driver when the former responds to emergency calls;
(2) The driver of a hospital ambulance on the way to and from the place of accident or other emergency;

(3) Any driver bringing a wounded or sick person for emergency treatment to a hospital, clinic, or any
other similar place;

(4) The driver of a motor vehicle belonging to the Armed Forces while in use for official purposes in
times of riot, insurrection or invasion;

(5) The driver of a vehicle, when he or his passengers are in pursuit of a criminal;

(6) A law-enforcement officer who is trying to overtake a violator of traffic laws; and

(7) The driver officially operating a motor vehicle of any fire department, provided that exemption shall
not be construed to allow unless or unnecessary fast driving of drivers afore-mentioned.

SECTION 36. Speed Limits Uniform Throughout the Philippines. – No provincial, city or municipal
authority shall enact or enforce any ordinance or resolution specifying maximum allowable speeds other
than those provided in this Act.

SECTION 37. Driving on Right Side of Highway. – Unless a different course of action is required in the
interest of the safety and the security of life, person or property, or because of unreasonable difficulty of
operation in compliance herewith, every person operating a motor vehicle or an animal-drawn vehicle
on a highway shall pass to the right when meeting persons or vehicles coming toward him, and to the
left when overtaking persons or vehicles going the same direction, and when turning to the left in going
from one highway to another, every vehicle shall be conducted to the right of the center of the
intersection of the highway.

SECTION 38. Classification of Highways. – Public highways shall be properly classified for traffic purposes
by the provincial board, municipal board or city council having jurisdiction over them, and said provincial
board, municipal board or city council shall provide appropriate signs therefor, subject to the approval
of the Commissioner. It shall be the duty of every provincial, city and municipal secretary to certify to
the Commissioner the names, locations, and limits of all “through streets” designated as such by the
provincial board, municipal board or council.
ARTICLE II

Overtaking and Passing a Vehicle, and Turning at Intersections

SECTION 39. Overtaking a Vehicle. – The driver of any motor vehicle overtaking another vehicle
proceeding in the same direction shall pass at a safe distance to the left thereof, and shall not again
drive to the right side of the highway until safely clear of such overtaken vehicle except that on a
highway, within a business or residential district, having two or more lanes for the movement of traffic
in one direction, the driver of a vehicle may overtake and pass another vehicle on the right. Nothing in
this section shall be construed to prohibit a driver overtaking and passing, upon the right, another
vehicle which is making or about to make a left turn.

SECTION 40. Driver to Give Way to Overtaking Vehicle. – The driver of a vehicle about to be overtaken
and passed by another vehicle approaching from the rear shall give way to the overtaking vehicle on
suitable and audible signal being given by the driver of the overtaking vehicle, and shall not increase the
speed of his vehicle until completely passed by the overtaking vehicle.

SECTION 41. Restrictions on Overtaking and Passing. –

(a) The driver of a vehicle shall not drive to the left side of the center line of a highway in overtaking or
passing another vehicle proceeding in the same direction, unless such left side is clearly visible, and is
free of oncoming traffic for a sufficient distance ahead to permit such overtaking or passing to be made
in safety.

(b) The driver of a vehicle shall not overtake or pass another vehicle proceeding in the same direction,
when approaching the crest of a grade, not upon a curve in the highway, where the driver’s view along
the highway is obstructed within a distance of five hundred feet ahead, except on a highway having two
or more lanes for movement of traffic in one direction where the driver of a vehicle may overtake or
pass another vehicle: Provided, That on a highway within a business or residential district, having two or
more lanes for movement of traffic in one direction, the driver of a vehicle may overtake or pass another
vehicle on the right.

(c) The driver of a vehicle shall not overtake or pass any other vehicle proceeding in the same direction,
at any railway grade crossing, nor at any intersection of highways unless such intersection or crossing is
controlled by traffic signal, or unless permitted to do so by a watchman or a peace officer, except on a
highway having two or more lanes for movement of traffic in one direction where the driver of a vehicle
may overtake or pass another vehicle on the right. Nothing in this section shall be construed to prohibit
a driver overtaking or passing upon the right another vehicle which is making or about to make a left
turn.

(d) The driver of a vehicle shall not overtake or pass, or attempt to pass, any other vehicle, proceeding in
the same direction, between any points indicated by the placing of official temporary warning or caution
signs indicating that men are working on the highway.

(e) The driver of a vehicle shall not overtake or pass, or attempt to overtake or pass, any other vehicle
proceeding in the same direction in any “no-passing or overtaking zone.”

ARTICLE III

Right of Way and Signals

SECTION 42. Right of Way. – (a) When two vehicles approach or enter an intersection at approximately
the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right,
except as otherwise hereinafter provided. The driver of any vehicle traveling at an unlawful speed shall
forfeit any right of way which he might otherwise have hereunder.

(b) The driver of a vehicle approaching but not having entered an intersection, shall yield the right of
way to a vehicle within such intersection or turning therein to the left across the line of travel of such
first-mentioned vehicle, provided the driver of the vehicle turning left has given a plainly visible signal of
intention to turn as required 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 pedestrian crossing such highway within a crosswalk, except at intersections where the
movement of traffic is being regulated by a peace officer or by traffic signal. Every pedestrian crossing a
highway within a business or residential district, at any point other than a crosswalk shall yield the right
of way to vehicles upon the highway.

(d) The driver of a vehicle upon a highway shall bring to a full stop such vehicle before traversing any
“through highway” or railroad crossing: Provided, That when it is apparent that no hazard exists, the
vehicle may be slowed down to five miles per hour instead of bringing it to a full stop.
SECTION 43. Exception to the Right of Way Rule. – (a) The driver of a vehicle entering a highway from a
private road or drive shall yield the right of way to all vehicles approaching on such highway.

(b) The driver of a vehicle upon a highway shall yield the right of way to police or fire department
vehicles and ambulances when such vehicles are operated on official business and the drivers thereof
sound audible signal of their approach.

(c) The driver of a vehicle entering a “through highway” or a “stop intersection” shall yield the right of
way to all vehicles approaching in either direction on such “through highway”: Provided, That nothing in
this subsection shall be construed as relieving the driver of any vehicle being operated on a “through
highway” from the duty of driving with due regard for the safety of vehicles entering such “through
highway” nor as protecting the said driver from the consequence of an arbitrary exercise of such right of
way.

SECTION 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 be affected by such
movement, shall give a clearly audible signal by sounding the horn, and whenever the operation of any
other vehicle approaching or following may be affected by such movement, shall give a signal plainly
visible to the driver of such other vehicles of the intention to make such movement.

(b) The signal herein required shall be given by means of extending the hand and arm beyond the left
side of the vehicle, or by an approved mechanical or electrical signal device.

ARTICLE IV

Turning and Parking

SECTION 45. Turning at Intersections. – (a) The driver of a vehicle intending to run to the right at an
intersection shall approach such intersection in the lane for traffic nearest to the right-hand side of the
highway and, in turning, shall keep as close as possible to the right-hand curb or edge of the highway.
(b) The driver of a vehicle intending to turn to the left shall approach 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, except that, upon highways laned for traffic and upon one-way
highways, a left turn shall be made from the left lane of traffic in the direction in which the vehicle is
proceeding.

(c) For the purpose of this section, the center of the intersection shall mean the meeting point of the
medial lines of the highways intersecting one another, except when it is occupied by a monument, grass
plot or any permanent structure, other than a traffic control device.

SECTION 46. Parking Prohibited in Specified Places. – No driver shall park a vehicle, or permit it to stand,
whether attended or unattended, upon a highway in any of the following places:

(a) Within an intersection.

(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 station.

(e) Within four meters of a fire hydrant.

(f) In front of a private driveway.

(g) On 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 erected prohibiting parking.

SECTION 47. Parked Vehicle. – Whenever a motor vehicle is parked unattended on any highway, the
driver thereof must turn off the ignition switch and stop the motor and notch effectively the hand brake.
ARTICLE V

Miscellaneous Traffic Rules

SECTION 48. Reckless Driving. – No person shall operate a motor vehicle on any highway recklessly or
without reasonable caution considering the width, traffic, grades, crossing, curvatures, visibility and
other conditions of the highway and the conditions of the 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 unreasonable
damage to the highway.

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 position,
unless otherwise directed by a peace officer, until such vehicle shall have passed.

SECTION 50. Tampering with Vehicles. – No unauthorized person shall sound the horn, handle the levers
or set in motion or in any way tamper with a damage or deface any motor vehicle.

SECTION 51. Hitching to a Vehicle. – No person shall hang on to, or 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 any moving vehicle, and no driver shall knowingly permit any person to hang on to or ride, the
outside or rear end of his vehicle or allow any person on a bicycle, roller skate or other similar device to
hold fast or hitch to his vehicle.

SECTION 52. Driving or Parking on Sidewalk. – No person shall drive or park a motor vehicle upon or
along any sidewalk, path or alley not intended for vehicular traffic or parking.

SECTION 53. Driving While Under the Influence of Liquor or Narcotic Drug. – No person shall drive a
motor vehicle while under the influence of liquor or narcotic drug. Endoiw

SECTION 54. Obstruction of Traffic. – No person shall drive his motor vehicle in such a manner as to
obstruct or impede the passage of any vehicle, nor, while discharging or taking on passengers or loading
or unloading freight, obstruct the free passage of other vehicles on the highway.
SECTION 55. Duty of Driver in Case of Accident. – In the event that any accident should occur as a result
of the operation of a motor vehicle upon a highway, the driver present, shall show his driver’s license,
give his true name and address and also the true name and address of the owner of the motor vehicle.

No driver of a motor vehicle concerned in a vehicular accident shall leave the scene of the accident
without aiding the victim, except under any of the following circumstances:

1. If he is in imminent danger of being seriously harmed by any person or persons by reason of the
accident;

2. If he reports the accident to the nearest officer of the law; or

3. If he has to summon a physician or nurse to aid the victim.