Title
LTO exam retake rules for student drivers
Law
Lto Memorandum Circular No. 670-2005
Decision Date
Dec 12, 2005
Student driver applicants who fail the license examination must wait at least one month before retaking the test, in accordance with RA 4136, while certain exceptions allow immediate re-examination for specific license transactions.

Questions (LTO MEMORANDUM CIRCULAR NO. 670-2005)

It observed that all applicants who failed the examination were being allowed to take another exam at least one month thereafter, regardless of the type of license transaction—an approach said to run counter to Section 30 of RA 4136.

A student driver who is a holder of a Student Permit and is applying for a new license, and who fails in the examination on professional or non-professional license.

Because Section 30 specifically limits the one-month retake period to student driver applicants who failed while covered as student permit holders applying for a new license, not to all types of license transactions.

It listed specific license transactions not covered by Section 30, meaning applicants in these transactions who fail may take another examination anytime after payment of an application fee.

1) Delinquent for more than two (2) years; 2) Change status from non-professional to professional; 3) Additional restriction code; 4) Conversion of expired foreign license.

They may take another examination anytime at their convenience and preference after payment of the required application fee.

An application fee of twenty-five pesos (P25.00).

No. The circular states they may retake anytime after payment of the P25.00 application fee, since those transactions are not covered by the one-month rule in Section 30.

A student driver applicant who fails while applying for a new license must continue as a student driver and is subject to the one-month retake period; other applicants in specified transactions not covered by Section 30 may retake anytime after paying the P25.00 fee.

Yes. The circular explains that such a person is the “student driver” contemplated in Section 30 and therefore is subject to the one-month waiting rule for another examination.

No. It explicitly states that only certain license transactions are not covered by Section 30; it does not repeal or disregard the one-month rule for student driver applicants covered by Section 30.

It directs Licensing Centers/District Offices to follow the clarified rules accurately—specifically applying Section 30 correctly and allowing retakes without the one-month waiting period only for the transactions listed as not covered.

It was adopted on December 12, 2005 and issued by LTO, signed by Annel i R. Lontoc, Assistant Secretary.

Because the one-month retake requirement applies only to the “student driver” category—holders of a student permit applying for a new license who failed—so misclassifying applicants can lead to unlawful or incorrect licensing procedures.

By citing that the blanket one-month rule “runs counter” to Section 30 of RA 4136 and that only student driver failures covered by Section 30 require the one-month wait; other specified transactions allow retake anytime after paying P25.00.


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