Legal basis; policy; purpose
- The IRR implements Republic Act No. 10930 by prescribing rules to rationalize and strengthen the policy on driver’s licenses.
- The policy includes extending the validity period of driver’s licenses.
- The policy includes ensuring that driver’s licenses are issued only to deserving applicants with sufficient driving skills and knowledge on road safety and proper road courtesy.
- The IRR states alignment with the State policy to establish a system that promotes ease of access to government services and efficient transportation regulation favorable to the people.
Definitions; core terms used
- A “Driver” is every and any licensed operator of a motor vehicle.
- A “Student-driver’s Permit (SP)” is the authority valid for one (1) year embodied in a form prescribed by the Land Transportation Office (LTO) granted to a person who desires to learn to operate a motor vehicle when accompanied by a duly licensed driver possessing a driver’s license with the appropriate restrictions code/s for the type of motor vehicle to be operated.
- A “Driver’s License (DL)” is the authority in the form prescribed by LTO granted to a person to operate a motor vehicle that is either:
- Nonprofessional Driver’s License (NPDL) for operating a private motor vehicle; or
- Professional Driver’s License (PDL) for any driver hired or paid for driving or operating a motor vehicle, whether for private use or for hire to the public.
- A “Driver’s License (DL) Code” is a code represented of vehicle category that a driver may operate.
- A “Point System” is a method of accruing demerit points over time that serves as basis for determining conditions for driver’s license renewal, prohibition from certain transactions, and revocation of a driver’s license; it uses a graduated scale of points with relative weights depending on the gravity of traffic violations.
- A “Demerit Point” is an arithmetical value specified by integer numbers assigned to and accumulated by a driver-violator for every corresponding traffic violation committed under the Point System.
- A “Traffic Violation” covers acts and omissions, whether intentional or unintentional, prohibited and penalized by traffic laws, rules and regulations, and local ordinances, classified as:
- Grave Violation: willful or wanton disregard of rights or safety posing real threat of serious injury or may cause undue ruin or substantial damage to property, as listed in the Violation Demerit Point Schedule (Appendix 1).
- Less Grave Violation: endanger or likely to endanger any person or property, not so serious as to qualify as grave, as enumerated in the Violation Demerit Point Schedule (Appendix 1).
- Light Violation: a minor or simple infraction not otherwise classified as grave or less grave.
- “Suspension” is the temporary withdrawal by LTO of a driver’s license or privilege to operate a motor vehicle on public roads or highways.
- “Revocation” is the termination by formal action of LTO of a driver’s license or privilege to operate a motor vehicle on public roads or highways.
Driver’s license issuance; required safeguards
- LTO must issue a professional or nonprofessional license only if, after the theoretical and practical examinations, the LTO Head or deputies find that the applicant:
- possesses the necessary qualifications and proficiency in operating motor vehicles,
- can read and write any official languages or major dialect, and
- knows how to read and interpret various traffic signs, signals and road markings.
- Before issuance, the applicant must present in person and have a photograph taken by LTO.
- License issuance is subject to payment of the fee prescribed in accordance with law.
- All driver’s licenses must be signed in the presence of the PTO head or his/her deputies.
- Driver’s licenses must bear, among others, the full name, date of birth, height, weight, sex, color of eyes, blood type, complete current address, biometrics, license number, and the date of issue and expiration.
- LTO must use processes or measures that prevent alteration or falsification of a license or enable detection of unauthorized licenses.
- LTO shall collect reasonable fees to cover regulation costs and expenses, but fees must not cost more than the government’s procurement expense.
License validity; renewal entitlements
- Except for student-driver’s permits, all drivers’ licenses must be valid for five (5) years reckoned from the birthdate of the licensee, unless sooner revoked or suspended.
- Renewal for ten (10) years is granted to any holder of a professional or nonprofessional driver’s license who:
- has not committed any violation of Republic Act No. 4136 and other traffic laws, rules and regulations, and
- is entitled to renewal subject to Section 26 of Republic Act No. 4136, as amended by Batas Pambansa Blg. 398.
- Demerit points accrue and operate independently of the license’s base validity, while demerit status drives renewal and intervention rules under the IRR.
Stricter issuance rules; point system registry
- LTO must promulgate prerequisites and guidelines to ensure driver’s licenses are issued only to deserving applicants with sufficient driving skills and road safety/courtesy knowledge, pursuant to Section 23-A of Republic Act No. 4136, as amended by Republic Act No. 10930.
- The theoretical and practical examinations must be designed to sufficiently measure driver competency, aligned with the type of license applied for and its corresponding restrictions.
- For professional driver-applicants, tests must be appropriate to the vehicle and type of service and the applicant intends to operate.
- LTO must institutionalize a point system used to:
- assess fitness and eligibility of driver applicants for desired license transactions, and
- identify, deter, and penalize repeat offenders of traffic laws and ordinances.
- LTO must establish and maintain a registry where demerit points incurred by every driver are recorded, stored, and accessible for convenient monitoring.
- LTO must record demerit points in the LTO demerit point registry for the day the violation was committed.
- LTO records demerit points against an apprehended driver if:
- the driver admits the apprehension, or the driver does not file an apprehension contest and the prescribed contest period lapsed; or
- the driver contests but obtains unfavorable resolution after adjudication.
- Demerit points are counted individually per violation committed in a single apprehension.
- The IRR assigns demerit point values by violation category:
- Grave Violations = 5 demerit points
- Less Grave Violations = 3 demerit points
- Light Violations = 1 demerit point
- The Secretary of the DOTr may review the point system and mechanisms and, upon LTO recommendation, after due hearing and publication, may adjust demerit point attribution.
- Drivers of public utility vehicles (PUV) must receive double the demerit points for every traffic violation committed while operating a For Hire motor vehicle.
- The same double demerit rule applies to a driver of a private motor vehicle operating as a PUV without proper authority from the LTFRB.
- The accumulation period is reckoned from the date of initial issuance or last renewal to the day immediately preceding the date of the next renewal.
- LTO must create an accessible and efficient system for license holders to check or verify license status and accumulated demerit points.
Renewal conditions; intervention; revocation; prohibitions
- A renewal applicant who accrued at least five (5) demerit points during the accumulation period must complete a driver’s reorientation course conducted by LTO or a duly accredited service provider.
- Subject to the examination requirement under Section 26 of Republic Act No. 4136, a driver with ten (10) or more total demerit points must complete the reorientation course and pass the theoretical examination before renewal is allowed.
- A driver must undergo a mandatory driver’s reorientation course after LTO notification:
- for every ten (10) accumulated demerit points, or
- whenever the same violation is committed at least three (3) times during the validity of the driver’s license.
- A PUV driver who commits any franchise-related violation must undergo the training seminar conducted by the PUV Driver’s Academy of the LTFRB, in addition to the reorientation course.
- Failure to complete the intervention program within thirty (30) days from the date of the last apprehension causes suspension of the driver’s license upon prior notice until course attendance is complied with.
- Outright revocation applies when a person accumulates at least forty (40) demerit points, even if confiscated and/or in possession of other law enforcement agencies, with:
- immediate revocation, and
- revocation effective for two (2) years reckoned from the date of settlement of fines and penalties.
- LTO must serve notice of revocation by registered mail to the driver’s address registered in the LTO database.
- If no registry service is available in either the sender’s or addressee’s locality, notice may be done by ordinary mail, which constitutes presumptive notice.
- Prohibition applies to change classification and additional code applications for nonprofessional-to-professional and/or additional code/s:
- Drivers with 1 - 2 demerit points are prohibited for three (3) months counted from the date of settlement of fines and penalties.
- Drivers with 3 - 4 demerit points are prohibited for six (6) months counted from the date of settlement of fines and penalties.
- Drivers with 5 or more demerit points are prohibited for one (1) year counted from the date of settlement of fines and penalties.
- Demerit points do not carry over for renewal purposes:
- demerit points revert back to zero upon renewal of the driver’s license,
- while traffic violation history remains archived and forms part of the driver’s permanent records for preserving and disclosing such records to public officers and private persons for a legitimate purpose.
- For contested apprehensions by implementing agencies other than LTO that remain unresolved until expiry of the driver’s license:
- demerit points attributable to violations under contest accrue only on the subsequent accumulation period or when the contest is resolved with finality.
Student permit demerits; instructor liability
- Incurring at least five (5) demerit points during the validity of a student-driver’s permit triggers, in addition to accessory penalties under existing laws and issuances:
- confiscation and revocation after due notice, and
- a bar from applying for another student-driver’s permit for one (1) year from the date of revocation.
- A person whose student-driver’s permit has already been revoked for the third time is barred from applying for a student-driver’s permit.
- The licensed driver accredited by LTO acting as instructor is equally responsible and liable as the student driver for:
- violations, and
- any injury or damage done by a motor vehicle operated by a student-driver under the instructor’s direction.
- The driver-instructor must receive the demerit point/s corresponding to the student driver’s violations, without prejudice to possible LTO sanctions against the accreditation of the instructor.
Penalties; fines; administrative consequences
- LTO and other appropriate agencies must impose penalties for unlawful acts, without prejudice to penalties under the Revised Penal Code and other applicable laws.
- Removal from the service with all accessory penalties attaches when an officer:
- issues a driver’s license in any manner without the necessary examination,
- connives with the applicant for irregular issuance,
- or by gross negligence issues a driver’s license, or issues a driver’s license to an unqualified applicant.
- A PHP 20,000.00 fine applies to an applicant who commits any of the following acts:
- willful misrepresentation with respect to material information in the application,
- connivance with the officer in the irregular conduct of examination or issuance of license,
- falsification of documents, or
- cheating during examinations.
- The applicant is punished under these acts whether or not a license was granted due to such misrepresentation, connivance, falsification, or cheating.
- In addition to the PHP 20,000.00 fine, if a license is granted because of the misrepresentation, connivance, falsification, or cheating:
- the driver’s license is revoked, and
- the applicant is prohibited from applying for two (2) years.
- Repetition of the offense warrants perpetual disqualification from being granted a driver’s license, in addition to the above fine.
- A driver who violates Republic Act No. 4136 and other traffic laws must suffer corresponding penalties as provided by law and other issuances.
- License revocation for serious injury/death attaches when, after a court finding that the driver was negligent or at fault, the offenses involve:
- death,
- physical injuries causing loss of any part of the victim’s body or loss/use thereof,
- insanity, imbecility, impotence, or blindness,
- or incapacity to work for more than ninety (90) days,
- with revocation effective for four (4) years.
- Even without filing an action in court or with an amicable settlement, the Assistant Secretary may still suspend or revoke the driver’s license after determination that the driver is an improper person to operate motor vehicles.
Penalty review; responsible implementation agencies
- The Secretary of the DOTr, upon LTO recommendation, after due hearing and publication, may increase or adjust the fine of PHP 20,000.00 once every five (5) years.
- No fine increase may exceed five percent (5%) of the fine sought to be increased.
- LTO serves as the central repository of all traffic violation records.
Reportorial requirements; online renewal; IEC; R&D
- Local government units (LGUs), the MMDA, or other agencies issuing traffic violation receipts must upload the apprehension report online to the LTO facility developed for this purpose.
- While the online system is in the interim, LGUs/MMDA/other agencies must transmit the apprehension report in the form prescribed by LTO containing relevant information within ten (10) working days from the date of apprehension to the appropriate LTO District Offices or Regional Office with geographical area of responsibility (GAOR).
- Traffic agents of LGUs are prohibited from confiscating driver’s licenses during enforcement unless duly deputized by the MMDA within Metro Manila or by the LTO.
- Driver’s licenses of violators included in LGU/MMDA apprehension reports must be placed on alarm in the LTO Law Enforcement and Traffic Adjudication System within twenty-four (24) hours from receipt of the report.
- No demerit points are incurred or recorded for driver-violators until LGU/MMDA submits a complete updated report on apprehension cases indicating whether apprehension was admitted, uncontested, or affirmed or dismissed on adjudication.
- The complete updated report must be submitted not later than three (3) working days from lapse of the prescribed contest period of the apprehending agency.
- LTO must create an online process for renewal of professional and nonprofessional driver’s licenses.
- The DOTr and LTO, in coordination with the LTFRB and other concerned agencies and private stakeholders, must conduct a nationwide information, education and communication (IEC) campaign on road safety, including measures implemented pursuant to and violations punishable under Republic Act No. 4136 and other existing traffic laws.
- LTO must conduct continuing research and development to ensure efficient administration of the driver’s licensing system.
Transitory rules; separability; repeals
- After effectivity of the IRR, all driver’s licenses with validity of three (3) years must be entitled to renewal valid for five (5) years.
- All holders of driver’s licenses with 5-year validity must undergo comprehensive driver education on road safety and proper road courtesy upon the holder’s first renewal after effectivity of the IRR.
- The IRR contains a separability clause preserving the validity of remaining provisions if any part is held invalid or unconstitutional.
- All laws, rules and regulations, issuances, or parts inconsistent with the IRR are revoked, repealed, amended, or modified accordingly.
Violation demérit points; schedules (Appendix 1)
- Violation demerit points are assigned by category—Grave (5), Less Grave (3), and Light (1)—and specific traffic violations are listed with corresponding demerit-point treatment in Appendix 1.
- Appendix 1 includes demerit-point entries covering offenses such as driving a motor vehicle used in commission of a crime, colorum violations, drunk/drugged driving, distracted driving, motorcycle seat belt/helmet violations, reckless driving (including by offense number), obstruction, improper parking and parking near prohibited places, failure to carry or present license and OR/CR, disregarding traffic signs, driving without a valid driver’s license, and numerous other traffic and related regulatory offenses.
- Appendix 1 assigns demerit points for offenses under other statutes by referencing repeated offenses (including, for example, repeated offenses under Republic Act No. 10666, Republic Act No. 10586, Republic Act No. 10913, Republic Act No. 8750, Republic Act No. 10054, and Republic Act No. 8794), and by providing offense-number-specific demerit-point categories.
- Appendix 1 provides rule-like cross-classification notes identifying when certain violations are treated as grave/less grave/light depending on whether the act is moved across categories and when actions are attributable to a driver/operator versus conductor/operator contexts.
Forms for reporting; apprehension and updates (Appendix 2 and 3)
- Appendix 2 prescribes a Traffic Violation Apprehension Report format capturing the date of apprehension, naming the agency/LGU, traffic violation receipt fields, apprehended driver/operator details, violations, driver’s license number, MV plate number, and remarks, with prepared-by and certified-correct signatures.
- Appendix 3 prescribes an Updated Report on Apprehension Cases capturing the date, agency/LGU, traffic violation receipt, apprehended driver/operator details, driver’s license number, MV plate number, final disposition/resolution with indicators for ADMITTED, CONTESTED, AFFIRMED, and DISMISSED, and prepared-by/certified-correct signatures.