Scope of coverage and regulated conduct
- Act No. 2389 regulates how motor vehicles are registered, how number plates are designed and issued, and how vehicles must be operated on highways in the Philippine Islands.
- Act No. 2389 applies to “every person” who operates a motor vehicle on a highway and to “every operator” of a motor vehicle on a highway.
- Act No. 2389 specifically governs motor vehicles used “for let or hire to the public.”
- Act No. 2389 imposes traffic speed standards and creates prima facie speed evidence in defined highway settings.
- Act No. 2389 establishes lighting requirements for motor vehicles during night hours and for other vehicles on highways.
Registration, certificates, and register entries
- Section 5 requires the Director of Public Works to register or record an application and fee in a book called the “Motor Vehicle Register.”
- The Motor Vehicle Register must contain information enabling the vehicle and its owner to be identified.
- Section 5 requires the Director of Public Works to issue to the applicant a numbered certificate of registration (in duplicate) for each separate vehicle.
- Section 5 requires the Director of Public Works to enter the certificate number in the Motor Vehicle Register.
Number plates: design and numeric requirements
- Section 8 requires number plates to be of a color, size, and design selected and determined by the Director of Public Works.
- Number plates must contain Arabic numerals whose length is not less than one decimeter and whose each stroke is not less than one centimeter in thickness.
- Number plates must display the number assigned by the Director of Public Works.
- Section 8 provides an exception for motor vehicles with three wheels or less, allowing numerals with length not less than five centimeters and thickness not less than one centimeter.
Dealer general registration and annual filings
- Section 12 allows every dealer in motor vehicles to apply for a general certificate of registration and a general distinguishing number or mark instead of separately registering each vehicle the dealer owns, controls, and uses in business.
- The dealer’s application must be filed before the first day of January of each year.
- The application must contain whatever information the Director of Public Works may require.
- If the Director of Public Works is satisfied with the dealer’s statements, the Director may grant one general certificate of registration (in quadruplicate) showing the dealer’s name, residence, place of business, and address, and stating that the applicant is a dealer in motor vehicles.
- Section 12 requires the dealer’s certificate to show:
- the general distinguishing number or mark assigned; and
- the kind, type, style, or make of motor vehicles manufactured, sold, or kept, or handled for sale by the dealer; and
- any other information the Director deems expedient.
- Section 12 requires the general distinguishing number or mark to be issued in quadruplicate.
- Section 12 provides that motor vehicles manufactured, owned, controlled, kept, or handled for sale by the dealer are thereafter regarded as registered under the general distinguishing number or mark, except vehicles for the dealer’s private use, which must be separately registered under Sections 3, 4, 5, and 6 of Act No. 2159.
- Section 12 prohibits a dealer from operating motor vehicles for hire unless those vehicles are registered in accordance with Sections 3 and 4 of Act No. 2159.
Speed, reckless driving, and obstruction prohibitions
- Section 24 prohibits operating a motor vehicle recklessly or at a rate of speed greater than is reasonable and proper, considering:
- the width of the highway,
- traffic,
- grades,
- crossings,
- curvatures,
- other highway conditions,
- and conditions of the atmosphere and weather.
- Section 24 prohibits operation so as to:
- endanger property or the safety or rights of any person; or
- cause excessive or unreasonable damage to the highway.
- Section 24 establishes a prima facie rule for city or poblacion limits: if speed exceeds twenty miles per hour, it is prima facie evidence the driver is operating at a rate greater than reasonable and proper and in violation of Section 24.
- Section 24 establishes a prima facie rule for obstructed visibility and defined road contexts: if speed exceeds fifteen miles an hour when approaching a crossing or intersecting highway, traversing a bridge, sharp turn, steep descent, curve, or when meeting another motor vehicle or conveyance moving in the opposite direction, the speed is prima facie evidence of violation.
- Section 24 establishes a prima facie rule for passing stationary street railway cars: if speed exceeds ten miles an hour when passing a street railway car that is stationary or about to stop on the same side where passengers are ordinarily received and discharged, the speed is prima facie evidence of violation.
- Section 24 prohibits unreasonably obstructing or impeding the passage or right of travel of any motor vehicle or operator.
- Section 24 prohibits any operator from unreasonably obstructing the passage of any other vehicle or person on any highway.
- Section 24 sets penalties for violations: a fine of not less than five pesos nor more than fifty pesos, or imprisonment of not more than six months, or both.
Intoxication while operating motor vehicles
- Section 27 punishes an operator of any motor vehicle for let or hire to the public who drinks any intoxicating beverage while on duty.
- Section 27 punishes operating a motor vehicle on any public highway within one hour after having partaken of any intoxicating beverage.
- Section 27 punishes any person operating a motor vehicle upon a highway while under the influence of liquor.
- Section 27 sets penalties: a fine of not less than fifty pesos nor more than two hundred and fifty pesos, or imprisonment of not less than fifteen days nor more than six months, or both.
Lighting rules for vehicles on highways
- Section 32 requires every motor vehicle of more than three wheels used on any public highway, whether in motion or not, to bear two lamps in front—one on each side.
- The front lamps must be lighted not later than one-half hour after sunset and must remain lighted until at least one-half hour before sunrise.
- Section 32 requires that, while the vehicle is in motion, the headlamps’ light on a level must render a man dressed in dark clothing visible for a distance of not less than one hundred feet ahead.
- Section 32 requires that the light thrown forward or ahead must be white light.
- Section 32 allows additional lamps and lights, and provides specific rules for additional lamps:
- If one additional lamp is carried, it must be affixed midway between the two required front lamps.
- If two additional lamps are carried and one is lighted, the other must also be lighted.
- Section 32 requires every such motor vehicle, during the same night hours, to bear in the rear:
- a lamp throwing white light upon the number plate or other distinguishing mark so the number is legible for sixty feet in the direction the motor vehicle is proceeding; and
- a red light to the rear.
- Section 32 requires that the night-hour lighting obligation applies even if lamps are lit at hours not covered by the fixed times, because atmospheric or weather conditions may make use unsafe.
- Section 32 requires motor vehicles of less than four wheels to bear in front a lamp throwing white light ahead during the fixed hours.
- Section 32 requires every other vehicle of whatever style, kind, make, character, or nature when on a highway during the hours aforesaid, whether in motion or not, to bear one or more lights arranged to be visible from the front and from the rear.