Title
Amendments to Land Transportation Code Provisions
Law
Batas Pambansa Blg. 398
Decision Date
May 18, 1983
Amendments to the Land Transportation and Traffic Code in the Philippines require individuals to possess a valid driver's license while operating a motor vehicle, undergo examinations and assessments to determine their ability to drive, and face penalties for various violations, including driving without a license or under the influence of alcohol or drugs.
A

Application for Driver's License, Required Fees, and Qualifications

  • Applicants must apply personally to the Director or deputies for a license.
  • Professional driver's license applicants must be at least 18 years old, have a valid student-driver's permit, and have completed at least five months of instruction.
  • Non-professional license applicants must be at least 17 years old, have a valid student-driver's permit, and have completed one month of instruction.
  • No professional license shall be issued to persons with certain contagious diseases or dependencies (e.g., tuberculosis, STDs, epilepsy, alcoholism, drug addiction).
  • Applicants must present a health certificate from an accredited physician.
  • The Bureau requires theoretical and practical examinations.
  • The Bureau may publish an official manual to assist applicants.

Issuance, Fee, and Validity of Driver's Licenses

  • Licenses are issued only after the applicant passes examinations and demonstrates qualifications.
  • License features include personal data, physical characteristics, license number, issue and expiration dates.
  • Anti-falsification measures are required for license issuance.
  • Licenses (except student permits and new licenses) are valid for three years.
  • License holders with a clean record may renew for five more years.

Use and Transfer of Driver's Licenses and Identification Cards

  • Licenses entitle holders to operate vehicles within the authorized category.
  • Professional drivers operating public utility vehicles must obtain and display a driver's identification card.
  • Transferring or lending a license to enable another person to drive is unlawful.
  • Vehicle owners must only employ duly licensed professional drivers.

Renewal and Replacement of Driver's Licenses

  • Failure to renew before expiry makes the license delinquent and invalid.
  • Delinquency fees amounting to 50% of the basic fee apply.
  • Renewal applicants must personally present their expiring license and pay the fees.
  • Professional drivers must submit photographs for renewal.
  • Drivers with multiple offenses or health issues must undergo re-examination.
  • Lost licenses can be replaced by filing a sworn statement and following prescribed procedures.

Suspension, Revocation, and Reinstatement Authority

  • The Director has exclusive power to suspend or revoke licenses.
  • Suspension period can be up to three months; revocation after hearing.
  • Licenses may be suspended or revoked if the driver is deemed unfit or involved in crimes/endangering acts.
  • Three or more convictions within 12 months may result in suspension or revocation for up to two years.
  • Reinstatement requires posting a bond and satisfying fitness criteria.
  • Appeals on Director's decisions may be made to the Minister of Transportation and Communications.

Driver's Bond Requirements

  • Drivers whose licenses are suspended/revoked may be required to post a bond of PHP 5,000.
  • The bond covers claims/executions related to motor vehicle operation liability.
  • Bonds are valid for 1-3 years.
  • Higher bonds (minimum PHP 10,000) for drivers convicted multiple times for reckless offenses.

Confiscation of Driver's License Upon Apprehension

  • Authorized officers must confiscate the driver's license upon violation apprehension.
  • The driver receives a receipt valid for 72 hours permitting operation.
  • Failure to settle cases within 15 days may cause suspension or revocation.

Student-Driver's Permits

  • Issued to persons at least 16 years old for one-year validity.
  • Must be accompanied by a licensed driver while operating.
  • Student-drivers who fail examinations must wait at least one month before re-examination.
  • Accredited licensed instructors share liability for violations/injuries.

Passenger Capacity, Conductor's License, and Vehicle Load Regulations

  • No vehicle shall carry passengers or freight exceeding registered capacity.
  • Conductors of public utility vehicles are liable for violations on capacity.
  • Conductors must be licensed, pay fees, and present fitness certificate.
  • Passenger trucks may have cargo devices weighing up to 100 kilos with Director's approval.
  • Passengers not allowed on vehicle tops or running boards; freight on top allowed within weight limits and safety conditions.

Penalties for Violations

  • Late vehicle registration: Fine of 50% of registration fees.
  • Driving without carrying or signing license: PHP 100 fine.
  • Driving with invalid/delinquent license: PHP 200 fine or up to 10 days imprisonment.
  • Driving with invalid registration or plates: PHP 300 fine or up to 15 days imprisonment.
  • Driving without any license: PHP 500 fine and imprisonment up to 15 days.
  • Driving under influence: Minimum PHP 1,000 fine or 3-6 months imprisonment, or both.
  • Various traffic violations: fines ranging from PHP 25 to PHP 100.
  • Forgery or fraudulent use of licenses/documents: PHP 1,000 to PHP 3,000 fine or up to 6 months imprisonment, or both.
  • Manufacture or sale of forged documents: penalties under Revised Penal Code.
  • Public officers violating license use provisions face perpetual disqualification.
  • Using private vehicles for hire: escalating fines, imprisonment, and license suspension or revocation.
  • Owners permitting unauthorized hire use face fines and suspension of registration.
  • Failure to pay fines results in subsidiary imprisonment.
  • Reckless driving causing injury/death punished under Revised Penal Code.

Revision of Fees and Charges

  • Fees may be revised by the Minister of Transportation and Communications upon Director's recommendation.
  • Revisions aim at administrative cost coverage and uniformity.

License Issuance and Renewal Rules

  • The Director may promulgate rules to rationalize license issuance and renewal within the first three years of effectivity.
  • Fees may be proportionally reduced according to license validity periods.

Effectivity

  • The Act takes effect upon approval on May 18, 1983.

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