Chapter 3: Legal System for Traffic Safety — Comprehensive Notes
6 hours
1. DRIVER’S LICENSE
Driving a motor vehicle in the Philippines, as in other countries, is NOT a right but a privilege granted by the Philippine government through the LTO based on
RA\ 4136\quad\&\quad B.P.\ 398.It is a privilege which may be suspended or revoked.
DRIVER – any licensed operator of motor vehicles (Sec. 3d, RA 4136).
Duty of the Driver in Case of Accident (Sec 55, RA 4136): No driver shall leave the scene of the accident without aiding the victim, except:
If he is in imminent danger of being seriously harmed by any person/s by reason of the accident.
If he report the accident to the nearest officer of the law.
If he has to summon a physician or nurse to aid the victim.
Driver’s License – is issued to the driver; it is not a right but only a privilege granted by the state to its citizen who possesses the statutory qualification as provided therefore. It is also a public document with the legal presumption of genuineness.
Duty to Procure License – Sec 19, RA 4136 states that no person shall operate any motor vehicle without first procuring a license to drive. To be effective in the hands of its holder, it must be:
not delinquent, invalid, suspended or revoked
carried at all times and shall be shown or surrendered for cause when demanded by a person authorized by RA 4136 to inspect the same.
Kinds of Driver’s License
Student Driver’s Permit – a student driver cannot operate a vehicle unless accompanied by a duly licensed driver.
Validity: 1\ \text{year}
Applicant must be at least 17 years old
Additional Requirement for Minor Applicants (17 yrs. old): Letter of Parental/Guardian Consent duly notarized.
Non-Professional Driver’s License – issued to owners of privately-owned motor vehicles or those not for hire or paid for driving.
Validity: 5\ \text{years} (see RA 10930)
Applicant must be at least 18 years old
Student Driver’s Permit must have been issued not less than 1\ \text{month} from date of application
Must have passed the written and actual road test
Professional Driver’s License – issued to a driver hired or paid for driving or operating motor vehicle whether private use or for hire to the public.
Any person driving his own motor vehicle for hire is a professional driver.
Validity: 5\ \text{years} (see RA 10930)
Applicant must be at least 18 years old
Non-Professional license must be valid for at least 4\ months prior to upgrade
Must have passed the written and actual road test
The Written Examination for application of Non-professional and Professional Driver’s License:
Non-professional Driver’s License – 30/40\text{ questions}
Professional Driver’s License – 45/60\text{ questions}
The Actual Road Test – Passing grade is 70\text{ points} or a total possible deduction of 30\text{ points}
Military Driver’s License – enlisted personnel of the AFP operating MV owned by the government shall be licensed in accordance with RA 4136; no license or delinquency fees shall be collected. All licenses issued shall bear the words “FOR GOVERNMENT VEHICLES ONLY” plainly marked or stamped in red ink.
International Driver’s License – Bonafide tourists and transients licensed to operate MVs in their country may operate during their stays but not beyond 90\text{ days} of their stay in the Philippines.
Lost Driver’s License – apply for duplicate of original at the LTO by filing the affidavit of loss of driver’s license duly notarized by a notary public.
For further information, read/watch linked resources:
https://lto.gov.ph/latest-issuance/522-memorandum-circular-no-2020-2134-guidelines-relative-to-the-full-implementation-of-the-lto-automated-certification-and-education-of-student-drivers-aces-uploading-facility.html
https://youtu.be/W3GB9G1StQU
https://youtu.be/427HdiPbi8w
2. REGISTRATION OF MOTOR VEHICLES
RA 4136 mandates that all motor vehicles shall be registered by its owner before the designated District Offices of the Land Transportation Office.
Law enforcement officers should keep abreast with proper procedures of registering motor vehicles to easily identify unregistered motor vehicles or vehicles with expired registrations.
Vehicle owners and drivers should be aware of registration provisions to avoid delays and penalties.
Classification of Registered Motor Vehicles
Private Motor Vehicles – registered for private use and not for hire.
Public Utility Vehicle (For Hire MV) – authorized to operate as public utilities by virtue of certificate of public convenience or provisional authorities or special permits issued by LTFRB.
Government Motor Vehicles – owned by the government of the Philippines or its political subdivisions, including government-owned or controlled corporations.
Diplomatic Motor Vehicle – owned by foreign government or their duly diplomatic officials in the Philippines and used in discharge of duties.
Commemorative Plates – plates issued to groups/organizations subject to Office of the President approval.
Schedule of Registration
Registration is annual and follows the numerical suffixes of plate numbers.
Monthly schedule (based on plate last digit):
1 – January, 2 – February, 3 – March, 4 – April, 5 – May, 6 – June, 7 – July, 8 – August, 9 – September, 0 – October
Weekly schedule (based on the 2nd to the last digit of the plate):
1st week: plates 1, 2, 3
2nd week: plates 4, 5, 6
3rd week: plates 7, 8
4th/Last week: plates 9, 0
Example of the registration schedule
Example: The vehicle is to be registered on the first week of MAY.
Top Government Officials: Protocol Plates
1- PANGULO (President)
2 - Vice President
3 - Senate President
4 - Speaker of the House of Representatives
5 - Chief Justice of the Supreme Court
6 - Cabinet Secretaries
7 - Senators
8 - Representatives (Congressmen)
9 - Associate Justices of the Supreme Court
10 - Presiding Justice and other Justices of the Court of Appeals, Solicitor General
11 - Chairman of the Commission on Elections
12 - Cabinet Undersecretary
14 - Chief of Staff, AFP and Chief, PNP
16 – RTC Judges
17 - First Level Courts MeTC, MTC, MTCC & Shari’ah Circuit courts
3. TEN (10) COMMANDMENTS OF TRAFFIC
These rules remind motorists to keep traffic orderly. The list:
KEEP RIGHT
OBSERVE ROAD COURTESY
PROHIBITED PARKING
IF IN DOUBT, DO NOT OVERTAKE
THE BUS STOP RULE
RULES TO PREVENT OR UNTANGLE TRAFFIC JAMS
OBSERVE THE TRAFFIC MANAGEMENT MEASURES
THE PHILOSOPHY OF A PINOY DRIVER
ON PEDESTRIAN
REMEMBER THE INTERNATIONAL DRIVING SAFETY REMINDER
1. Keep Right
The driver shall always drive to the right except when overtaking.
2. Observe Road Courtesy
By yielding to emergency vehicles, pedestrians, trains, vehicles with right of way, vehicles ahead, large vehicles, uphill traffic, traffic with momentum, straight traffic and traffic signs.
Emergency vehicles (LTO refers to):
Vehicle with physicians on emergency call
Ambulance on emergency call
Vehicle with wounded/sick person for emergency treatment
AFP/PNP vehicle on official time for riot, insurrection, rebellion, or invasion
Vehicles in pursuit of a criminal including a law enforcer overtaking on traffic violation
A police or fire department vehicle on call
Right of Way means the right to proceed ahead of another vehicle or pedestrian. This is the legal precedence (priority in place/time).
Section 42, RA 4136 defines Right of Way:
(a) When two vehicles approach or enter an intersection at approximately the same time, the driver on the left yields to the vehicle on the right, except as otherwise provided. A driver traveling at unlawful speed forfeits right of way.
(b) A driver approaching but not yet at intersection yields to a vehicle within the intersection or turning left across the line of travel, provided the left-turning driver has given a plainly visible signal.
(c) A vehicle on a highway in a business or residential district yields to a pedestrian crossing within a crosswalk, except where traffic is regulated by a peace officer or traffic signal. Every pedestrian crossing a highway within a business/residential district, at any point other than a crosswalk, yields to vehicles.
(d) A vehicle on a highway shall stop at a "through highway" or railroad crossing, unless no hazard exists, in which case it may slow to about 5\ \text{mph} instead of a full stop.
Section 43, RA 4136 provides exceptions:
(a) Vehicle entering highway from a private road must yield to all vehicles on the highway
(b) Yield to police or fire department vehicles and ambulances on official business with audible signals
(c) Entering a "through highway" or a "stop intersection" must yield to all vehicles approaching from either direction on such through highway
3. Prohibited Parking (Section 46, RA 4136)
No driver shall park a vehicle in 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 a 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 prohibit parking
Section 52 – Driving or Parking on Sidewalk: No one shall drive or park on a sidewalk, path or alley not intended for vehicular traffic or parking.
4. IF IN DOUBT, DO NOT OVERTAKE
In general, the overtaking lane is the left lane of the overtaken vehicle traveling in the same direction; the overtaken vehicle carries the burden.
Section 41, RA 4136 (Restrictions on Overtaking and Passing):
The driver shall not drive to the left side of the center line to overtake or pass another vehicle unless the left side is clearly visible and free of oncoming traffic for a sufficient distance to pass safely.
Overtaking is prohibited when approaching:
The crest of a grade
A curve in the highway
A railway grade crossing
An intersection of highways unless controlled by signal or permitted by a watchman/peace officer
Any points indicated by official warnings for road work
No-passing or overtaking zones
5. THE BUS STOP RULE
Buses queue up in single file in their order of arrival.
6. RULES TO PREVENT OR UNTANGLE TRAFFIC JAMS
Keep opposing lanes and intersections open.
In heavy/slow/stopped traffic, overtaking is prohibited.
In construction zones, vehicles should merge alternately.
7. OBSERVE THE TRAFFIC MANAGEMENT MEASURES
Includes bus yellow lane, bus stop segregation, truck ban, one-way streets, odd/even scheme, and restraints on turning.
8. THE PHILOSOPHY OF A PINOY DRIVER
Principles: equity of the lead vehicle, doctrine of the last clear chance, and the Rotunda Rule.
Doctrine of the Last Clear Chance: the driver in the better position to prevent the accident shoulders the responsibility to prevent it.
9. ON PEDESTRIAN
Keep off roadway except to cross on a crosswalk.
Wait, embark, and alight at bus or jeep stops.
10. REMEMBER THE INTERNATIONAL DRIVING SAFETY REMINDER
Safety first.
D. EVALUATION/POST-TEST
Evaluation/Post-test for this module will be through thatquiz app. Schedule, test code and other details will be announced/posted in our class messenger’s group chat.
E. REFERENCE
Delizo, Darlito Bernard G. 2008. Traffic Management and Accident Investigation (An Instructional Book). Wiseman’s Books Trading, Inc. Quezon City, Philippines.