QuestionsQuestions (IRR of Republic Act No. 10930)
The IRR is promulgated pursuant to Section 7 of RA 10930. Its purpose is to prescribe rules to rationalize and strengthen the policy on driver’s licenses by extending validity periods, ensuring competent applicants through adequate testing, and promoting road safety and proper road courtesy.
A “Driver” is any licensed operator of a motor vehicle. A “Student-driver’s Permit (SP)” is an authority valid for one (1) year to learn to operate a motor vehicle, when accompanied by a duly licensed driver with appropriate restriction codes. A “Driver’s License (DL)” is the authority issued by LTO to operate a motor vehicle, either nonprofessional (NPDL) for private vehicles or professional (PDL) for drivers hired/paid for driving or operating motor vehicles.
Except for student-driver’s permits, all driver’s licenses are valid for five (5) years reckoned from the birthdate of the licensee, unless sooner revoked or suspended.
Under the IRR, subject to Section 26 of RA 4136 as amended, any holder who has not committed any violation of RA 4136 and other traffic laws is entitled to renewal for ten (10) years.
In issuance of licenses, LTO must use processes or measures that prevent alteration or falsification, or enable LTO to detect any unauthorized license.
Pursuant to RA 4136 as amended by RA 10930 (Section 23-A), LTO must establish prerequisites and guidelines to ensure licenses are issued only to deserving applicants with sufficient driving skills and road safety knowledge, including theoretical and practical examinations appropriate to the type of license and vehicle/service.
The Point System is a method of accruing demerit points over time that serves as basis for renewal conditions, restrictions on certain transactions, and revocation. Demerit points are arithmetical integer values assigned to drivers for each traffic violation committed.
Demerit points are recorded in the LTO demerit point registry for the day the violation was committed. Points are recorded if the driver admits the apprehension, or if the driver does not file a contest and the contest period lapses, or if the driver contests but gets an unfavorable resolution after adjudication.
Grave Violations = 5 points; Less Grave Violations = 3 points; Light Violations = 1 point, based on the Violation Demerit Point Schedule (Appendix 1).
No. Demerit points revert to zero upon renewal, but the history of violations is archived as part of the driver’s permanent records for legitimate disclosure.
The total demerit points accumulated are reckoned from the date of initial issuance or last renewal of the license to the day immediately preceding the date of the next renewal.
The driver must complete a driver’s reorientation course as a condition precedent to renewal.
Aside from completing the driver’s reorientation course, the driver must pass the theoretical examination before renewal is allowed.
Reorientation is mandatory for every ten (10) accumulated demerit points or when the same violation is committed at least three (3) times during the validity period. Failure to complete within thirty (30) days from the last apprehension causes suspension of the driver’s license upon prior notice until attendance is complied with.
A driver who accumulates at least forty (40) demerit points is revoked immediately without need for any proceeding for a period of two (2) years, reckoned from the date of settlement of fines and penalties.
If the driver accumulates 1–2 demerit points: prohibition for 3 months; 3–4 points: 6 months; 5 or more: 1 year—counted from the date of settlement of fines and penalties.
If a student-driver incurs at least five (5) demerit points during the SP validity, it causes confiscation and revocation after due notice and bars the student from applying for another SP for one (1) year from the revocation date. A student whose SP has already been revoked for the third time cannot apply again.
The duly accredited driver-instructor acting as instructor is equally responsible and liable. The instructor is likewise meted demerit points corresponding to the student-driver’s violations, without prejudice to possible sanctions against the instructor’s accreditation.
LTO officers may face removal from service if they issue without necessary examination, connive in irregular issuance, or grossly negligently issue to an unqualified applicant. An applicant may be fined P20,000 for willful misrepresentation, connivance, falsification, or cheating. If a license is granted due to such acts, it is revoked and the applicant is prohibited from applying for two (2) years; repetition warrants perpetual disqualification.
LGUs/MMDA must upload/transmit apprehension reports to LTO within prescribed timelines. Driver’s licenses included in apprehension reports are placed on alarm in the LTO system within 24 hours, but no demerit points are incurred/recorded until LGU/MMDA submits a complete updated report indicating whether the apprehension was admitted, uncontested, or affirmed/dismissed after adjudication, submitted not later than three (3) working days from lapse of contest period.