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Traffic Management and Accident Investigation with Driving

(CDI4 – 2ND YEAR 1ST SEM)

TRAFFIC LAWS, RULES AND REGULATIONS


LAND TRANSPORTATION AND TRAFFIC CODE (RA 4136)
MOTOR VEHICLE -“Motor Vehicle” shall mean any vehicle propelled by any
power other than muscular power using the public highways, but excepting road rollers,
trolley cars, street-sweepers, sprinklers, lawn mowers, bulldozers, graders, forklifts,
amphibian trucks, and cranes if not used on public highways, vehicles which run only on
rails or tracks, and tractors, trailers and traction engines of all kinds used exclusively for
agricultural purposes.
“Driver” shall mean every and any licensed operator of a motor vehicle
“Professional driver” shall mean every and any driver hired or paid for driving
or operating a motor vehicle, whether for private use or for hire to the public.
Articulated vehicle” shall mean any motor vehicle with a trailer having no front
axle and so attached that part of the trailer rests upon motor vehicle and a substantial
part of the weight of the trailer and of its load is borne by the motor vehicle. Such a
trailer shall be called as “semi-trailer.”
“Owner” shall mean the actual legal owner of a motor vehicle, in whose name
such vehicle is duly registered with the Land Transportation Office
“Highways” shall mean every public thoroughfare, public boulevard, driveway,
avenue, park, alley and callejon, but shall not include roadway upon grounds owned by
private persons, colleges, universities, or other similar institutions.
“Parking or parked”, for the purposes of this Act, shall mean that a motor
vehicle is “parked” or “parking” if it has been brought to a stop on the shoulder or proper
edge of a highway, and remains inactive in that place or close thereto for an appreciable
period of time.
A motor vehicle which properly stops merely to discharge a passenger or to take in a
waiting passenger, or to load or unload a small quantity of freight with reasonable
dispatch shall not be considered as “parked”, if the motor vehicle again moves away
without delay.

REGISTRATION OF MOTOR VEHICLES


SECTION 5. Compulsory Registration of Motor Vehicles. – (a) All motor vehicles and
trailer of any type used or operated on or upon any highway of the Philippines must be
registered with the Bureau of Land Transportation for the current year in accordance
with the provisions of this Act.

SECTION 7. Registration Classification. – The classification of vehicles shall be:


(a) Private. – Motor vehicles registered under this classification shall not be used for
hire under any circumstance. (
b) For Hire. – Motor vehicles registered under this classification are those covered by
certificates of public convenience, or special permits issued by the Board of
Transportation, and shall be subject to the provisions of the Public Service Act and the
rules and regulations issued thereunder, as well as the provisions of this Act.
(c) Government. – Motor vehicles owned by the government of the Philippines or any
of its political subdivisions shall be registered under this classification.
(d) Diplomatic - Motor vehicles owned by foreign governments or by their duly
accredited diplomatic officers in the Philippines and used in the discharged of their
official duties.

 Tourists bringing their own motor vehicles to the Philippines may, however, without
registering such motor vehicles, use the same during but not after ninety (90) days
of their sojourn.
 Provided, That the motor vehicle displays the number plates for the current year of
some other country or state, and said number plates as well as the name and address
(permanent and temporary) of the thereof are registered in the Bureau of Land
Transportation prior to the operation of the motor vehicle

DUTY TO HAVE LICENSE


Except as otherwise specifically provided in this Act, it shall be unlawful for any
person to operate any motor vehicle without having in his possession a valid
license to drive a motor vehicle. Art 1, Sec 19

Operation of Motor Vehicles by Tourists.


Bona fide tourist and similar transients who are duly licensed to operate motor
vehicles in their respective countries may be allowed to operate motor vehicles during
but not after ninety days of their sojourn in the Philippines. Sec 21, Art 1.
REQUISITES FOR ISSUANCE OF DRIVER’S LICENSE
 At least 16 years old – Student Permit
 17 years old for Sub Professional
 18 years old for Professional
[REPUBLIC ACT NO. 10930]
AN ACT RATIONALIZING AND STRENGTHENING THE POLICY REGARDING
DRIVER’S LICENSE BY EXTENDING THE VALIDITY PERIOD OF DRIVERS’
LICENSES, AND PENALIZING ACTS IN VIOLATION OF ITS ISSUANCE AND
APPLICATION, AMENDING FOR THOSE PURPOSES SECTION 23 OF REPUBLIC
ACT NO 4136, AS AMENDED BY BATAS PAMBANSA BLG. 398 AND EXECUTIVE
ORDER NO. 1011, OTHERWISE KNOWN AS THE LAND TRANSPORTATION AND
TRAFFIC CODE

Section 1. Declaration of Policy. - It shall be the policy of the State to establish a


system that promotes the ease of access to government services and efficient
transportation regulation favorable to the people.
Section 2. Section 23 of Republic Act No. 4136, otherwise known as the "Land
Transportation and Traffic Code", as amended, is hereby further amended and read as
follows:
SECTION 23 AS LAST UPDATED BY RA 10930 (2017)
• Issuance of Driver’s License, Fees and Validity. after examination find that the
applicantt
 possesses the necessary qualification and proficiency in the operation of motor
vehicles,
 able to read and write any of the official languages or a major dialect
 knows how to read and interpret various traffic signs, signals and road markings,
 professional or nonprofessional license may be issued to such applicant upon
payment of the fee prescribed in accordance with law, and which shall not cost
more than the government’s procurement expense,
 but prior to the issuance of said license, the applicant shall present
himself/herself in person and have his/her photograph taken by the LTO.

All drivers’ licenses issued shall be signed in the presence of the LTO Head or his/her
deputies and shall bear, among others, the full name, date of birth, height, weight, sex,
color of eyes, blood type, complete current address, biometrics, license number, and its
date of issue and expiration.
In the issuance of licenses, the LTO shall now use such process or adopt such measure
as will prevent any alteration or falsification of a license or will enable the LTO to detect
any unauthorized license. The LTO shall create an online process for the renewal of
professional and nonprofessional licenses within one (1) year from the effectivity of this
Act.
Except for student permits, all drivers’ licenses shall be valid for five (5) years reckoned
from the birthdate of the licensee, unless sooner revoked or suspended:
Provided, however, That subject to Section 26 hereof, any holder of a professional or
nonprofessional driver’s license who has not committed any violation or Republic Act
No. 4136 and other traffic laws, rules and regulations during the five (5)-year period
shall be entitled to a renewal of such license for ten (10) years, subject to the
restrictions as may be imposed by the LTO.
The local government units (LGUs), the Metropolitan Manila Development Authority
(MMDA) or other agencies lawfully issuing traffic violation receipts shall report within a
reasonable time, to be determined in the implementing rules and regulations (IRR), the
details of the traffic violation to the LTO, which shall serve as the repository of all traffic
violation records.

SECTION 23-A AS LAST UPDATED BY RA 10930 (2017)


Establishment of Stricter Rules Before the Issuance of Driver’s License. — The
LTO shall promulgate prerequisites and guidelines before the grant of drivers’ licenses
to ensure that these are issued only to deserving applicants with sufficient driving skills
and knowledge on road safety and proper road courtesy.
Toward this end, the conduct of theoretical and practical examinations, among
others, must sufficiently measure the competency of drivers and must be designed to
the type of license applied for and its corresponding restrictions: Provided, That for
professional drivers, the tests must be appropriate to the vehicle and type of service the
applicant intends to operate
SECTION 23-B AS LAST UPDATED BY RA 10930 (2017)
Penalties. — Without prejudice to the penalties provided under the Revised Penal
Code and other applicable laws, the penalties corresponding to the following acts shall
be imposed by the appropriate agency of officer:
Any officer who, in any manner, issues a driver’s license without the necessary
examinations, connives with the applicant for the irregular issuance of a license, or who,
by gross negligence, issues a driver’s license to an unqualified applicant shall suffer a
penalty of removal from the service with all the accessory penalties attached thereto:
 A fine in the amount of Twenty thousand pesos (P20,000.00) shall be imposed
upon an applicant for a driver’s license found to have committed any of the
following acts:

1. Willful misrepresentation with respect to material information in one’s


application;
2. Connivance with the officer in the irregular conduct of examinations or
issuance of license;
3. Falsification of documents; or
4. Cheating during examinations.
In addition to the abovementioned fine, the driver’s license of an erring applicant, if one
is granted by reason of such misrepresentation, connivance, falsification or cheating,
shall be revoked, and the applicant shall be prohibited from applying for a period of
two (2) years. The repetition of such offense shall warrant the perpetual
disqualification from being granted a driver’s license in addition to the fine above-
stated.
In case of death or physical injuries resulting in the loss of any part of the victim’s
body or the use thereof, insanity, imbecility, impotence or blindness, or
incapacity to work for more than ninety (90) days, the license of the offending driver
shall be revoked for a period of four (4) years, after a finding by the court that such
driver was negligent or at fault.
The Department of Transportation (DOTr) and the LTO shall, in coordination with the
Land Transportation Franchising and Regulatory Board (LTFRB) and other concerned
agencies and private stakeholders, aggressively and regularly conduct a nationwide
information, education and communication (IEC) campaign on road safety, including the
list of measures implemented pursuant to and violations punishable under this Act.
SECTION 29 AS LAST UPDATED BY BP 298 (1983)
Confiscation of driver's license. —
Law enforcement and peace officers of other agencies duly deputized by the
Director shall, in apprehending a driver for any violation of this Act or of any regulations
issued pursuant thereto, or of local traffic rules and regulations not contrary to any
provisions of this Act, confiscate the license of the driver concerned and issue a
receipt prescribed and issued by the Bureau therefor which shall authorize the driver
to operate a motor vehicle for a period not exceeding seventy-two hours from the
time and date of issue of said receipt. The period so fixed in the receipt shall not be
extended, and shall become invalid thereafter. Failure of the driver to settle his case
within fifteen days from the date of apprehension will be a ground for the suspension
and/or revocation of his license.
RESTRICTION CODE:
1. Restriction Code No 1 - limited to drive motor motorcycles
2. Restriction Code No 2 - limited to drive vehicle weighing not more than 4500
kg
3. Restriction Code No 3 - limited to drive vehicles weighing more than 4500 kg
4. Restriction Code No 4 - limited to drive weighing 4500 kg and with automatic
transmission only
5. Restriction Code No 5 - limited to drive vehicle with automatic clutch and
weighing more than 4500 kg

TRAFFIC SIGNAL LIGHTS AND THEIR MEANINGS


Steady and Flashing Red Light
 It is a known fact that when the traffic light turns red, as a driver, you need to make a
full stop.
 This also means that you need to allow people to cross the pedestrian.
 With the red light on, you can also make a red turn against it, as long as there is no
longer pedestrian and vehicle traffic.
 You can also do so, if you do not see any signs that say “ No Turn on Red”

Red Arrow Light


Almost similar to the standard red light, a red light with an arrow sign means that you
are not allowed to proceed in the direction where the arrow is pointing. That is until the
red arrow light is gone or the green arrow sign appears.
In contrast to the red stop light (circle), you are not allowed to turn against a red arrow
light. Additionally, when the red arrow starts to flash, you must make a complete stop
before you proceed.
Steady and Flashing Yellow Light
yellow light is actually the most misunderstood traffic signal in the Philippines.
This light indicates that the red light, which means stop, is about to appear. Hence,
drivers should stop (when it’s safe) or when not in an intersection.
If you just need to slow down, like you are in the middle of an intersection, you
must make sure that you carefully look at the oncoming traffic from the intersection and
safely drive your car before the red light appears.
Yellow Arrow
A yellow arrow simply means that the red arrow is about to appear. As such, you
need to stop if you are not in the intersection, If in case you are in an intersection,
proceed with caution.
Flashing Yellow Arrow
This indicates that you are allowed to proceed to the area where the arrow is
pointing. However, make sure that you do this with caution and you have yielded the
oncoming traffic.

Green Light
The green light is also often the most abused traffic signal colors, especially in
the Philippines. Since it indicates “Go”, drivers often do not care about people and
bicycle crossing, causing accidents.
That being said, although green means go, you have to make sure that you allow
those who are still on the pedestrian to cross before you even proceed.

DUTIES OF DRIVER IN CASE OF ACCIDENTS


1. Stop immediately.
2. Show the license to the victim and give the true name, address and contact
number.
3. Driver is not allowed to leave the scene without aiding the victim.

EXCEPTIONS TO THE PRECEEDING TOPIC


1. If he is in imminent danger of being seriously harmed by reason of accident;
2. If he reports the accident to the nearest police station; and
3. If he has summoned the physician or nurse to aid the victim.

TEN COMMANDEMENTS OF TRAFFIC


1. KEEP RIGHT - (two lanes, two ways) in case of one way the left lane shall be the
fast lane and the slow lane is the right.
2. OBSERVE ROAD COURTESY - yield to emergency vehicle, pedestrians, trains,
vehicle with right of way, vehicles ahead, large vehicles, uphill traffic, vehicles with
momentum, straight traffic, and traffic signs.

Emergency Vehicles:
o Vehicle with physician
o Ambulance on emergency call
o Vehicle with wounded or sick person
o AFP/ PNP vehicle on official call
o Vehicle in pursuit of criminals
o A Police/Fire on call

3. PLACES WHERE PARKING IS PROHIBITED: (Section 46)


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.

4. WHEN IN DOUBT, DO NOT OVERTAKE. - overtaking lane is the lane to the left of
overtaken vehicle going in the same direction, overtaken vehicle is the privileged
vehicle
CONSIDER THESE IF YOU OVERTAKE:
a) Signal the intention.
b) Make sure that the overtaking lane is clear and free of oncoming vehicle
for sufficient distance to facilitate proper overtake.
c) Maneuver at own risk, the vehicle being overtaken is the privileged
vehicle. Drivers keep his lane, maintain speed and yield to overtaking
vehicle.
d) He shall increase his speed until the overtaken vehicle has cleared the
way
e) In a two lanes, on a divided roadway, they may use either of the lanes.
f) In an expressway with fast and slow lanes, on a divided roadway, they
may use either of the lanes.
g) Overtaking is prohibited at crest of a grade curve, railway crossing, at the
intersection and between construction and caution
5. THE BUS STOP RULE
a. The buses queue up in a single file in their order arrival.
b. Lead bus moving toward the center of column of busses lining on the bus
stop zone, and remain until zone is filled with busses, but longer than
three minutes.

6. RULE TO PREVENT OR UNTANGLE TRAFFIC JAMS - Keep lanes and


intersection open in heavy and slow traffic to avoid overtaking. In a construction,
vehicles should merge alternately.
7. OBSERVE TRAFFIC MANAGEMENT MEASURES - Observe and obey traffic
notices sign like notices and pavement markings.
8. THE PHILOSOPHY OF PINOY DRIVER - Motorist should observe equity of the
lead vehicle, doctrine of the last clear chance on rotunda drive
9. ON PEDESTRIAN - Keep off the roadway except when crossing on crosswalk.
Wait embark and alight at bus or jeepney stop.
10. REMEMBER THE INTERNATIONAL SAFETY REMINDER- “SAFETY FIRST

DIFFERENT TRAFFIC LAW


RA 4136 also known as the Land Transportation and Traffic Code.
 It is an act that compiles the laws in relation to land transportation and traffic rules in
the Philippines, particularly the registration and operation of motor vehicles and the
licensing of its owners, dealers, conductors, and drivers.
 It laid down the groundwork for all the traffic regulations we have today
RA 8750 also known as the Seat belts Use Act of 1999
 It is law that requires mandatory compliance of public and private motorist to use seat
belt devices in line with the policy of the state pursuing a more proactive and preventive
approach in securing the safety of passengers and drivers from vehicular accidents.
(Sec 1)
 Seat belt device define as any strap, webbing or similar device in the form of
pelvic restraint or lap belt, upper torso restraint or shoulder strap or a
combination thereof designed to secure a person in a motor vehicle in order to
mitigate the results of any accident, including all necessary buckles and other
fasteners, and all hardware designed for installing such seat belt device in a motor
vehicle (Sec 3)
 This law also prohibits, toddlers, and children under six years old from setting in front
of any running vehicle (Sec 5).
 It also requires manufacturers to ensure that all their vehicles are equipped with the
proper seat belt provisions (Sec 7)
 The seat belts should also meet the standards of the BPS of the DTI in consultation
w/ the LTO and DOTC (Sec 9)

RA 10586 Anti - Drunk and Drugged Driving Act of 2013


o Penalizes the acts of driving under the influenced of alcohol, dangerous drugs
and other intoxicating substances, and makes provision on educating the
public of the standards of safe driving and the benefits that may be derived from
it through institutional programs and appropriate public information strategies.
(Sec 2)
o Driving the influence of alcohol as the act of operating a motor vehicle while the
driver’s blood alcohol concentration level has, after being subjected to a
breath analyzer test, reached the level of intoxication (Sec 3.e)
o Driving the under the influence of dangerous drugs and other similar substances
refers to the act of operating a motor vehicle while the driver, after being
subjected to a confirmatory test as mandated under RA 9165 is found to be
positive for use of any dangerous drugs (Sec . 3.f.)
RA 10054 Known as the Motorcycle Helmet Act of 2009
o Is the primary law that mandates all motorcycle riders to wear standard protective
motorcycle helmets and provides for the specific penalties for its violation.
o It is important to note that this law applies to both the drivers and back riders
whether long or short drives, in any type of road and highway (Sec 3)
o The only exception provided by law in the wearing of motorcycle helmets is with
regard to drivers of tricycles (Sec 4)
RA 10913 – or the Anti-Distracted Driving Act
o Is a new law that prohibits motorists from using communication devices
and other electronic entertainment and computing gadgets while vehicles
are in motion or temporarily stopped on a traffic light or an intersection.
o This law shall be implemented nationwide starting May 18, 2017
o Prohibitions applies while the motor vehicle is in motion or temporarily stopped
on a traffic light or an intersection.
o Covers both public and private vehicles
o It also covers wheeled agricultural machineries, construction equipment, and
other forms of conveyances such as bicycles, pedicabs, trolleys, habal-habal,
kuligligs, wagons, carriages, and carts that may either be human-powered
or pulled by an animal as long as the are operated or driven in public
thoroughfares, highways or streets.
distracted driving means any of the following acts;
1. Using communication device to write, or read a text based communication or
to make or received calls, and other similar acts.
2. 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
The law shall not apply to the following;
1. A motorist using mobile phone for an emergency call to;
a. law enforcement agency to report a crime or a prohibited act, accident,
natural, calamity, bomb threat/terrorist action, animal activism, infrastructure
failure and biological, chemical, or radioactive hazard spill or release.
b. Govt or non govt health care provider or a medical practitioner, and
emergency rescue units, in instances requiring immediate medical attention.
c. Fire department or non govt fire volunteers in the event of fire/explosions.
d. other emergency services, agency or entity rendering electric, gas, water,
chemical, towing, and other similar services, in instances requiring immediate
attention to save lives and properties or to remove hazards from the environment
e. Other analogous circumstances.
2. A motorist using a mobile phone while operating an emergency vehicle, or a private
vehicle while responding to an emergency call.

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