Statutory amendment to RA 4136
- Section 23 of Republic Act No. 4136 (“Land Transportation and Traffic Code”), as amended, is further amended by Republic Act No. 10930. (Section 2)
- A professional or nonprofessional driver’s licence may be issued after examination if the LTO Head (or deputies) find the applicant: (1) has necessary qualification and proficiency in operating motor vehicles; (2) can read and write any official language or a major dialect; and (3) can read and interpret traffic signs, signals, and road markings. (Section 23, RA 4136 as amended; Section 2)
- The licence is issued upon payment of a fee prescribed in accordance with law, which shall not cost more than government procurement expense. (Section 23, RA 4136 as amended; Section 2)
- Before issuance, the applicant must present himself/herself in person and have a photograph taken by the LTO. (Section 23, RA 4136 as amended; Section 2)
- All driver’s licences must be signed in the presence of the LTO Head or deputies and must bear, among others, these particulars: full name, date of birth, height, weight, sex, color of eyes, blood type, complete current address, biometrics, licence number, and the licence’s date of issue and expiration. (Section 23, RA 4136 as amended; Section 2)
- The LTO must use processes or measures that prevent alteration or falsification of a licence or enable the LTO to detect any unauthorized licence. (Section 23, RA 4136 as amended; Section 2)
- The LTO must create an online process for renewal of professional and nonprofessional licences within one (1) year from effectivity of Republic Act No. 10930. (Section 23, RA 4136 as amended; Section 2)
Licence validity, renewal, and violation reporting
- Except for student permits, all drivers’ licences are valid for five (5) years, reckoned from the birthdate of the licencee, unless sooner revoked or suspended. (Section 23, RA 4136 as amended; Section 2)
- Under Section 26 of the Code (as referenced), a professional or nonprofessional licence holder who has not committed any violation of Republic Act No. 4136 and other traffic laws, rules and regulations during the five (5)-year period is entitled to renewal for ten (10) years, subject to restrictions the LTO may impose. (Section 23, RA 4136 as amended; Section 2)
- LGUs, the MMDA, or other agencies lawfully issuing traffic violation receipts must report within a reasonable time (to be determined in the IRR) to the LTO the details of the traffic violation, which serves as the repository of all traffic violation records. (Section 23, RA 4136 as amended; Section 2)
Stricter rules before licensing
- The LTO must promulgate prerequisites and guidelines before granting driver’s licences to ensure licences are issued only to deserving applicants with sufficient driving skills and knowledge on road safety and proper road courtesy. (Section 23-A, RA 4136 as added; Section 3)
- The conduct of theoretical and practical examinations must sufficiently measure driver competency. (Section 23-A, RA 4136 as added; Section 3)
- Examinations must be designed to the type of licence applied for and its corresponding restrictions. (Section 23-A, RA 4136 as added; Section 3)
- For professional drivers, tests must be appropriate to the vehicle and type of service the applicant intends to operate. (Section 23-A, RA 4136 as added; Section 3)
Penalties for improper issuance and violations
- Section 23-B establishes that, without prejudice to penalties under the Revised Penal Code and other applicable laws, the appropriate agency or officer must impose the penalties corresponding to the enumerated acts. (Section 4)
- (Officer misconduct and gross negligence) Any officer who, in any manner, issues a driver’s licence without necessary examinations, connives with the applicant for irregular issuance, or who by gross negligence issues a licence to an unqualified applicant must suffer a penalty of removal from the service with all accessory penalties attached. (Section 23-B(a), RA 4136 as added; Section 4)
- (Applicant fine for specified wrongdoing) An applicant found to have committed any of the following acts must be fined PHP 20,000.00:
- Willfull misrepresentation with respect to material information in the application;
- Connivance with the officer in the irregular conduct of examinations or issuance of licence;
- Falsification of documents; or
- Cheating during examinations. (Section 23-B(b), RA 4136 as added; Section 4)
- The fine applies whether or not a licence was granted by reason of the applicant’s misrepresentation, connivance, falsification, or cheating. (Section 23-B(b), RA 4136 as added; Section 4)
- (Revocation, prohibition, and disqualification) In addition to the PHP 20,000.00 fine, if a driver’s licence is granted to an erring applicant by reason of the misrepresentation, connivance, falsification, or cheating:
- the licence is revoked; and
- the applicant is prohibited from applying for two (2) years. (Section 23-B(b), RA 4136 as added; Section 4)
- If the applicant repeats the same offense, the repetition warrants perpetual disqualification from being granted a driver’s licence in addition to the stated fine. (Section 23-B(b), RA 4136 as added; Section 4)
- (Driver violations of traffic laws) A holder who acts in violation of Republic Act No. 4136 and other existing traffic laws must suffer corresponding penalties as may be provided by law and other issuances. (Section 23-B(c), RA 4136 as added; Section 4)
- (Revocation for serious harm) Where death or physical injuries result in the loss of any part of the victim’s body or use thereof, insanity, imbecility, impotence, or blindness, or incapacity to work for more than ninety (90) days, the offending driver’s licence must be revoked for four (4) years, after a court finding that the driver was negligent or at fault. (Section 23-B, RA 4136 as added; Section 4)
- The DOTr and LTO, in coordination with the LTFRB and other concerned agencies and private stakeholders, must aggressively and regularly conduct a nationwide information, education and communication (IEC) campaign on road safety, including the list of measures implemented pursuant to and violations punishable under Republic Act No. 10930. (Section 23-B, RA 4136 as added; Section 4)
Penalty review mechanism
- The Secretary of the DOTr, upon the recommendation of the LTO, after due hearing and publication, may increase or adjust the fine imposed under Section 23-B. (Section 5)
- The fine adjustments may be made once every five (5) years. (Section 5)
- Any increase may not exceed five percent (5%) of the fine sought to be increased. (Section 5)
LTO research and development duty
- The LTO must conduct continuing research and development to ensure efficient administration of the driver’s licensing system. (Section 6)
Implementing rules, timing, and effect
- The Secretary of the DOTr, with the assistance of the LTO, LTFRB, and MMDA, must promulgate the implementing rules and regulations necessary for effective implementation within sixty (60) days from the effectivity of Republic Act No. 10930. (Section 7)
- Effectivity: Republic Act No. 10930 takes effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation. (Section 10)
Separability and repeal
- If any provision or part of Republic Act No. 10930 is held invalid or unconstitutional, the remainder of the law remains valid and subsisting. (Section 8)
- All laws, decrees, executive orders, letters of instruction, rules and regulations, issuances, or parts thereof inconsistent with Republic Act No. 10930 are revoked, repealed, amended, or modified accordingly. (Section 9)
Issuance details
- Republic Act No. 10930 is titled “Driver's License Rules and Penalties Act”. (Title)
- The law is approved on August 02, 2017. (Republic Act No. 10930, August 02, 2017)
- Publication references include 113 OG No. 33, 5966 (August 14, 2017) and Manila Bulletin, August 4, 2017. (Publication notations)
- The Act amends and supplements the Land Transportation and Traffic Code by amending Section 23 of Republic Act No. 4136 and adding Sections 23-A and 23-B. (Sections 2–4)