Traffic MGT Module 2
Traffic MGT Module 2
MODULE
1I
TRAFFIC
MANAGEMEN
T AND
ACCIDENT
INVESTIGATIO
N W/ DRIVING
RA 4136 required all motor vehicles to be registered in a national registry. It also set the
registration requirements and fees for every car owner. Aside from that, this law also required drivers to
apply for a professional and non-professional license. RA 4136 also set the penalty fees for failing to
comply with the commission’s registration and licensing requirements.
Module Outcomes
a. "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, fork-lifts, 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.
Trailers having any number of wheels, when propelled or intended to be propelled by
attachment to a motor vehicle, shall be classified as separate motor vehicle with no power
rating.
b. "Passenger automobiles" shall mean all pneumatic-tire vehicles of types similar to those usually
known under the following terms: touring car, command car, speedster, sports car, roadster,
jeep, cycle, car (except motor wheel and similar small outfits which are classified with
motorcycles), coupe, landaulet, closed car, limousine, cabriolet, and sedan.
Motor vehicles with changed or rebuilt bodies, such as jeepneys, jitneys, or station
wagons, using a chassis of the usual pneumatic-tire passenger automobile type, shall also be
classified as passenger automobile, if their net allowable carrying capacity, as determined by the
Commissioner of Land Transportation, does not exceed nine passengers and if they are not used
primarily for carrying freight or merchandise.
The distinction between "passenger truck" and "passenger automobile" shall be that of
common usage: Provided, that a motor vehicle registered for more than nine passengers shall
be classified as "truck": And Provided, further, That a "truck with seating compartments at the
back not used for hire shall be registered under special "S" classifications. In case of dispute, the
Commissioner of Land Transportation shall determine the classification to which any special
type of motor vehicle belongs.
c. "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."
d. "Driver" shall mean every and any licensed operator of a motor vehicle.
All motor vehicles and other vehicles must be registered (Section 5).
No motor vehicle shall be used or operated on or upon any public highway of the Philippines
unless the same is properly registered for the current year in accordance with the provisions of RA 4136
(Section 5[a]). Any registration of motor vehicles not renewed on or before the date fixed for different
classifications, as provided hereunder shall become delinquent and invalid (Section 5[b]):
1. For hire motor vehicles - on or before the last working day of February.
2. Privately-owned motor vehicles - from March one to the last working day of May.
The Commissioner of Land Transportation shall require dealers to furnish him with such information
and reports concerning the sale, importation, manufacture, number of stocks, transfer or other
transactions affecting motor vehicles as may be necessary for the effective enforcement (Section 5[c]):
No repair or change in the motor vehicle involving the exchange, elimination, effacing, or replacing
of the original or registered serial or motor number as stamped or imprinted, shall be allowed, and any
motor vehicle with a trace of having its motor number altered or tampered with shall be refused
registration or re-registration, unless such is satisfactorily explained and approved by the Commissioner
(Section 5[d]).
Mortgages, attachments, and other encumbrances of motor vehicles, in order to be valid, must be
recorded in the Land Transportation Commission and must be properly recorded on the face of all
outstanding copies of the certificates of registration of the vehicle concerned. (Section 5[e])
Cancellation or foreclosure of such mortgages, attachments, and other encumbrances shall likewise
be recorded, and in the absence of such cancellation, no certificate of registration shall be issued
without the corresponding notation of mortgage, attachment and/or other encumbrances.
Records of encumbrances of motor vehicles shall be kept by the Land Transportation Commission in
chronological sequence and shall contain, among other things, the time, date and number of the entry
in a "Book of Motor Vehicles" referring to the creation, cancellation or foreclosure of the aforesaid
mortgages, attachments or to other encumbrances.
The Land Transportation Commission shall collect a fee of five pesos for every annotation of a
mortgage, attachment and/or other encumbrances, or cancellation thereof.
Registration Classification
Every motor vehicle shall be registered under one of the following described classifications:
(a) private passenger automobiles; (b) private trucks; and (c) private motorcycles, scooters, or motor
wheel attachments. Motor vehicles registered under these classifications shall not be used for hire
under any circumstances and shall not be used to solicit, accept, or be used to transport passengers or
freight for pay.
Laborers necessary to handle freight on board private trucks may ride on such trucks: Provided,
that seats shall not be installed in the rear compartment thereof and that only such number of laborers,
not exceeding ten, as may be needed to handle the kind of freight carried, shall ride on the truck:
Provided, further, That the combined weight of cargo and passengers does not exceed the registered
net capacity of the truck.
For the purpose of this section, a vehicle habitually used to carry freight not belonging to the
registered owner thereof, or passengers not related by consanguinity or affinity within the fourth civil
degree to such owner, shall be conclusively presumed to be "for hire."
(d) Public utility automobiles; e) public utility trucks; (f) taxis and auto-calesas; (g) garage automobiles;
(h) garage trucks; (i) hire trucks: and (j) trucks owned by contractors and customs brokers and customs
agents. Application for registration under these classifications shall be accompanied by a certificate of
public convenience or a special permit issued by the Public Service Commission, and motor vehicles
registered under these classifications shall be subject to the Public Service Law, rules and regulations, as
well as the provisions of this Act.
(k) Undertakes
(l) Dealers - Registrations under this classification are intended to cover generally and successively all the
motor vehicles imported or handled by dealers for sale. Motor vehicles registered under the dealer's
classification shall, under no circumstances, be employed to carry passengers or freight in the dealer's
business, or for hire. Such vehicles shall be operated under this classification only for the purpose of
transporting the vehicle itself from the pier or factory to the warehouse or sales room or for delivery to
a prospective purchaser or for test or demonstration.
(m) Government automobiles; (n) government trucks; and (o) government motorcycles. Motor vehicles
owned by the Government of the Philippines or any of its political subdivisions shall be registered under
these classifications. Motor vehicles owned by government corporations, by government employees or
by foreign governments shall not be registered under this classification.
(p) Tourists bringing their own motor vehicles to the Philippines may, without registering such motor
vehicles, use the same during but not after ninety 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 owner thereof are registered
in the Land Transportation Commission prior to the operation of the motor vehicle.
If such tourist remains in the Philippines longer than ninety days, the motor vehicle shall not be
operated unless registered in accordance with this Act and the corresponding registration fees
paid.
(q) Special. The Commissioner of Land Transportation may, in his discretion, allow the registration under
this classification of motor vehicles which do not conform to the foregoing described regular
classification.
(a) The said certificate shall be preserved and carried in the car by the owner as evidence of the
registration of the motor vehicle described therein, and shall be presented with subsequent applications
(b) The certificate of registration issued under the provisions of this Act for any motor vehicle shall,
while the same is valid and effective and has not been suspended or revoked, be the authority for the
operation of such motor vehicle.
(c) No motor vehicle shall be operated on the public highways in a manner which would place it under a
classification requiring the payment of a larger registration fee than that stated in the certificate of
registration.
If on inspection, as provided in paragraph (6) of Section four hereof, any motor vehicle is found
to be unsightly, unsafe, overloaded, improperly marked or equipped, or otherwise unfit to be operated,
or capable of causing excessive damage to the highways, or not conforming to minimum standards and
specifications, the Commissioner may refuse to register the said motor vehicle, or if already registered,
may require the number plates thereof to be surrendered to him, and upon seventy-two hours notice to
the owner of the motor vehicle, suspend such registration until the defects of the vehicle are corrected
and/or the minimum standards and specifications fully complied with.
Whenever it shall appear from the records of the Commission that during any twelve-month
period more than three warnings for violations of this Act have been given to the owner of a motor
vehicle, or that the said owner has been convicted by a competent court more than once for violation of
such laws, the Commissioner may, in his discretion, suspend the certificate of registration for a period
not exceeding ninety days and, thereupon, shall require the immediate surrender of the number plates.
Whenever a motor vehicle is found to be underweight the owner thereof shall pay the
difference in the registration fees corresponding to the shortage in weight plus a fifty per cent
surcharge, and until such payment is made, the certificate of registration of the motor vehicle concerned
shall be suspended by the Commissioner.
After two such suspension, re-registration of the vehicle concerned for one year may be denied.
The Commissioner shall notify the owner of the motor vehicle of any action taken by him
(a) The Commissioner shall cause number plates to be prepared and issued to owners of motor vehicles
and trailers registered under this Act, charging a fee of four pesos for each pair including the numerals
indicating the year of registry: Provided, however, That in case no number plates are available, the
Commissioner or his deputies may issue, without charge, a written permit temporarily authorizing the
operation of any motor vehicles with other means of identification: Provided, further, That all motor
vehicles exempted from payment of registration fees, motor vehicles for hire, and privately-owned
motor vehicles shall bear plates so designed and painted with different colors to distinguish one class
from another: Provided, furthermore, That the plates of motor vehicles exempted from payment of
registration fees shall be permanently assigned to such motor vehicles during their entire lifetime while
exempted from payment of the fees: And, provided, finally, That the owner thereof shall return such
(b) In case the design of the number plate is such that the numerals indicating the year of registry are on
a detachable tag, the Commissioner or his deputies may, in their discretion, issue the said tag only for
subsequent re-registration charging a fee of one peso for each tag issued.
At all times, every motor vehicle shall display in conspicuous places, one in front and one in the
rear thereof, the said number plates.
The number plates shall be kept clean and cared for, and shall be firmly affixed to the motor
vehicle in such a manner as will make it entirely visible and always legible.
Except in the case of dealer's number plates which may be used successively on various motor
vehicles in stock, no person shall transfer number plates from motor vehicle to another.
No dealer's number plate shall be used on any motor vehicle after said vehicle has been sold
and delivered to a purchaser, and no dealer shall allow such dealer's number plates to be used on any
motor vehicle after its sale and delivery to a purchaser.
Except as otherwise specifically provided in this Act, no person shall operate any motor vehicle
without first procuring a license to drive a motor vehicle for the current year, nor while such license is
delinquent, invalid, suspended or revoked.
The license shall be carried by the driver at all times when operating a motor vehicle, and shall
be shown and/or surrendered for cause and upon demand to any person with authority under this Act
to confiscate the same.
Enlisted men operating a motor vehicle owned by the Government of the Philippines shall be
licensed in accordance with the provisions of this Act, but no license or delinquency fees shall be
collected therefrom. All licenses so issued shall bear the words "For Government Vehicles Only" plainly
marked or stamped in red ink across the face.
A license so marked or stamped shall authorize the holder thereof to operate a private-owned
motor vehicle.
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.
After ninety days, any tourist or transient desiring to operate motor vehicles shall pay fees and
obtain and carry a license as hereinafter provided.
Every person who desires personally to operate any motor vehicle shall file an application to the
Commissioner or his deputies for a license to drive motor vehicles: Provided, however, that no person
shall be issued a professional driver's license who is suffering from highly contagious diseases, such as,
advanced tuberculosis, gonorrhea, syphilis, and the like.
Each such application except in the case of enlisted men operating government-owned vehicles,
shall be accompanied by a fee of five pesos, and shall contain such information respecting the applicant
and his ability to operate motor vehicles, as may be required by the Commission.
The Commissioner or his deputies shall also ascertain that the applicant's sight and hearing are
normal, and may in their discretion, require a certificate to that effect, signed by a reputable physician.
An examination or demonstration to show any applicant's ability to operate motor vehicles may
also be required in the discretion of the Commissioner or his deputies.
If, after such examination, the Commissioner or his deputy believes that the applicant possesses
the necessary qualifications and is proficient in the operation of motor vehicles, a license shall be issued
to such applicant upon payment of five pesos, but prior to the issuance of said license, the applicant
shall furnish three copies of his recent photograph to be securely attached to the license, and two copies
to be filed and kept as provided by RA 4136. All driver's licenses shall bear the signature and right-hand
thumb print of the licensee.
Every license issued under the provisions of this Act to any driver shall entitle the holder
thereof, while the same is valid and effective and not suspended or revoked, to operate the motor
vehicles described in such license: Provided, however, That every licensed professional driver, before
operating a public service motor vehicle registered under classifications (d) to (j) inclusive of Section
seven hereof, shall secure from the Commissioner, upon payment of the sum of one peso, a driver's
badge which he shall, at all times while so operating a motor vehicle, display in plain sight on the band
of his cap or on his coat or shirt. Such driver's badge shall be of metal with a plainly readable number
assigned to the licensee stamped thereon.
It shall be unlawful for any duly licensed driver to transfer, lend or otherwise allow any person
to use his license for the purpose of enabling such person to operate a motor vehicle.
No owner of a motor vehicle shall engage, employ, or hire any person to operate such motor
vehicle, unless the person sought to be employed is a duly licensed professional driver.
Any driver who changes his address shall, within fifteen days, notify the Commissioner in writing
of his new address, name and address of his new employer, the number of the motor vehicle he is
employed to operate, and such other information as the Commissioner may require.
Renewal of license.
Any license not renewed on or before the last working day of the month when the applicant was
born shall become delinquent and invalid, except when the license is surrendered to the Commissioner
or his deputies before the last working day of the month of his birth in order to avoid payment of the
delinquency fees.
The fee for renewal of delinquent license shall be five pesos in addition to the basic fee as
hereinabove prescribed.
Every applicant for renewal of license to operate any motor vehicle shall present to the
Commissioner, in person or by mail or messenger, the license issued to the applicant for the previous
year, together with the proper fee of five pesos and, in the case of professional chauffeurs, three copies
of a readily-recognized photograph of the applicant, which photograph shall have been taken not
exceeding three years prior to the date of applicant for renewal.
Lost license. - In case the license for the previous year has been lost or cannot be produced, the
applicant shall obtain a duplicate in accord with Section eleven of this Act, on penalty of refusal, by the
Commissioner or his deputies, to renew the license: Provided, however, That the Commissioner or his
deputies may, in their discretion accept in lieu of the previous year’s license, the duly signed and sworn
statement of an operator to the effect that he has not operated any motor vehicle in the Philippines
during the year or years to which no license was issued in his name.
The Commissioner and his deputies are hereby authorized to administer the oath in connection
with such affidavit.
(a) The Commissioner may suspend for a period not exceeding three months or, after hearing, revoke
any driver's license issued under the provisions of this Act, and may order any such license to be
delivered to him whenever he has reason to believe that the holder thereof is an improper person to
operate motor vehicles, or in operating or using a motor vehicle in, or as an accessory to, the
commission of any crime or act which endangers the public. Any deputy of the Commissioner may, for
the same cause, suspend for a period not exceeding three months any driver's license issued under the
provisions of this Act: Provided, that such suspension may be appealed to the Commissioner who may,
after reviewing the case, confirm, reverse or modify the action taken by such deputy.
(b) Whenever during any twelve-month period a driver shall have been convicted at least three times for
the violations of any provisions of this Act or of any regulation issued by the Commissioner or any
municipal or city ordinance relating to motor vehicle traffic not in conflict with any of the provisions of
this Act, the Commissioner may, in his discretion, revoke or suspend the license of such driver for a
period not exceeding two years.
(d) A decision of the Commissioner revoking or refusing the reinstatement of a license under the
provisions of this Section may be appealed to the Secretary of Public Works and Communications.
Driver's bond.
The Commissioner before reinstating any driver's license which has been suspended or revoked
under the provisions of the preceding section or of any provisions of this Act, may require such driver to
post a bond in the sum of one thousand pesos conditioned upon the satisfaction and payment of any
claim which may be filed or of any execution which may be issued against such driver in any case
wherein said driver may be held answerable while operating motor vehicles. The bond required in this
section shall be in such form as to render sureties liable at least for a period of not less than one year
nor more than three years: Provided, however, That upon written application to the Commissioner for
release from such a bond, the Commissioner may after revoking or suspending the driver's license,
authorize the release of the bondsmen from further responsibility thereunder: Provided, further, That
should the Commissioner decide not to revoke the license of a driver who has been convicted of
homicide through reckless imprudence, or of the violation of the speed limit or of reckless driving at
least three times within a twelve-month period, the said driver shall post a bond in the sum of not less
than two thousand pesos, conditioned upon the payment of any claim which may be filed or any
execution which may be issued against him in any case wherein said driver may be held answerable
while operating motor vehicles.
Law enforcement and peace officers duly designated by the Commissioner shall, in
apprehending any driver for violations of this Act or of any regulations issued pursuant thereto, or of
local traffic rules and regulations, confiscate the license of the driver concerned and issue a receipt
prescribed and issued by the Commission 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 cause suspension and
revocation of his license.
Student-driver's permit.
Upon proper application and the payment of three pesos, the Commissioner or his deputy may
issue student-driver's permits, valid for six months to persons not under eighteen years of age, who
desire to learn to operate motor vehicles. No application for driver's license shall be received unless the
applicant has undergone instruction in the operation of motor vehicles for at least a month and has a
valid student-driver's permit: Provided, however, that any person who has a license to operate vehicles
in other countries may, upon presentation of appropriate evidence of such license, be allowed to pay for
a driver's license without presenting a student driver's permit.
The licensed driver acting as instructor to the student driver shall likewise be responsible and
liable for any violation of the provisions of this Act and for any injury or damage done by the motor
vehicle on account or as a result of its operation by a student under his direction.
No person shall make or use attempt to make or use a driver's license, badge, certificate of
registration, number plate, tag, or permit in imitation or similitude of those issued under this Act, or
intended to be used as or for a legal license, badge, certificate, plate, tag or permit, or with intent to sell
or otherwise dispose of the same to another. No person shall falsely or fraudulently represent as valid
and in force any driver's license, badge, certificate, plate, tag or permit issued under this Act which is
delinquent or which has been revoked or suspended.
No person shall, knowingly and with intent to deceive, make one or more false or fraudulent
statements in an application for the registration of vehicles, or for a driver's license.
a. Republic Act No. 7924 - an act creating the Metropolitan Manila Development
b. Republic Act No. 8730 - An Act Requiring the mandatory Compliance by Motorists of Private and
Public Vehicles to Use Seat Belt Devices and Requiring Vehicle Manufacturers to Install Seat Belt Devices
in All Their Manufactured Vehicles.
c. Republic Act No. 8749 - An Act Imposing a Motor Vehicle User's Charge on Owners of all Types of
Motor Vehicles
d. Republic Act No. 8750 – An Act Requiring the Mandatory Compliance by Motorists of Private and
Public Vehicles to Use Seat Belt Devices, and Requiring Vehicle Manufacturers to Install Seat Belt Devices
in All Their Manufactured Vehicles
e. Republic Act No. 10586 – An Act Penalizing Persons Driving Under the Influence of Alcohol, Dangerous
Drugs, and Similar Substances
f. Republic Act No. 10913 – An act rationalizing and strengthening the policy regarding Driver's License
by extending the validity period of Driver's 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
Direction: Read the questions below and provide your corresponding answer.