Law Summary
Declaration of Policy
- Establishes a system to promote ease of access to government services.
- Aims for efficient transportation regulation that is favorable to the public.
Key Definitions
- Driver: Licensed operator of a motor vehicle.
- Student-driver’s Permit (SP): Authorization valid for 1 year to learn driving when accompanied by a licensed driver.
- Driver’s License: Authority to operate motor vehicles, includes Nonprofessional and Professional licenses.
- Driver’s License Code: Indicates vehicle category a driver may operate.
- Point System: Method of accruing demerit points to monitor driving behavior.
- Demerit Point: Numerical value assigned to traffic violations.
- Traffic Violations: Acts penalized by laws, classified as Grave, Less Grave, or Light.
- Suspension: Temporary withdrawal of driving privileges.
- Revocation: Formal termination of driving privileges.
Issuance of Driver’s License
- Licenses issued after theoretical and practical exams.
- Applicant must be literate in official language or major dialect and know traffic signs.
- License issued upon payment of prescribed fees.
- Licenses bear detailed personal data, photograph, biometrics, issue and expiration dates.
Fees
- LTO collects reasonable fees covering regulatory costs.
- Fees must not exceed government procurement expense.
Validity of Driver’s License
- Licenses valid for 5 years from birthdate unless revoked or suspended.
- Renewal can be extended to 10 years for drivers with no violations.
- Student-driver permits have a 1-year validity.
Anti-Forgery Safeguards
- LTO must adopt measures to prevent license alterations or issuance of unauthorized licenses.
Prerequisites for Issuance
- LTO sets stricter rules and guidelines.
- Exams based on type of license and vehicle/service intended.
Point System and Registry
- LTO institutionalizes a point system to assess driver eligibility and penalize repeat offenders.
- An official demerit point registry is maintained for monitoring.
Recording Demerit Points
- Points recorded on the day violations are committed.
- Recorded if driver admits or contest period lapses without contest.
- Contesting drivers receive points only after unfavorable adjudication.
- Each violation in an apprehension treated separately.
Violation Demerit Point Schedule
- Grave Violations: 5 points.
- Less Grave Violations: 3 points.
- Light Violations: 1 point.
- Secretary of DOTr may adjust the point system after hearing and publication.
Double Demerit Points for Public Utility Vehicle (PUV) Drivers
- PUV drivers incur double points for violations.
- Applies to private vehicle drivers operating as PUVs without authority.
Demerit Points Accumulation Period
- Points counted from initial issuance or last renewal to next renewal date.
- LTO shall provide system for license holders to verify points.
Renewal Conditions Based on Demerit Points
- 5 or more points: mandatory driver reorientation course.
- 10 or more points: must also pass theoretical exam before renewal.
Intervention Program
- Drivers with 10 points or 3 repetitions of same violation must undergo reorientation.
- PUV drivers with franchise-related violations must attend LTFRB’s training seminar.
- Failure to comply within 30 days results in license suspension until completion.
License Revocation
- License revoked immediately for 40 or more demerit points.
- Revocation lasts 2 years from date of payment of fines.
- LTO sends notice of revocation by registered mail.
Prohibition Period for Upgrade or Adding License Codes
- Drivers with demerit points face application prohibitions:
- 1–2 points: 3 months ban
- 3–4 points: 6 months ban
- 5+ points: 1 year ban
Demerit Points During Student-driver Permit Validity
- 5 points or more cause permit revocation and 1-year bar on reapplication.
- Third revocation permanently bars application.
- Accredited driver-instructors share liability with student-drivers for violations.
Reset and Record of Demerit Points
- Points reset to zero upon license renewal.
- Violation history is archived as part of permanent driver records.
- Unresolved contested violations at license expiry carry over to next period.
Offenses and Penalties
- LTO officers issuing licenses fraudulently face removal from service.
- Applicants committing misrepresentation, connivance, falsification, or cheating pay P20,000 fine.
- Such applicants face revocation if license granted and 2-year application ban.
- Repeat offenders face perpetual disqualification.
- Drivers causing serious injury or death through negligence face 4-year license revocation.
- Assistant Secretary may suspend or revoke license even without court cases.
Penalty Review
- DOTr Secretary can adjust fines every 5 years by up to 5%.
Responsibilities of Implementing Agencies
- LTO is central repository for all traffic violation records.
- LGUs, MMDA, and authorized agencies must report violations timely using prescribed forms.
- Traffic licenses of violators placed on alarm pending full report.
- Traffic agents may confiscate licenses only if duly deputized.
- LTO shall implement online driver’s license renewal system.
- DOTr and LTO to conduct nationwide road safety IEC campaigns.
- Continuous research and development for efficient license administration mandated.
Transitory Provisions
- Previously 3-year licenses renewable for 5 years.
- First renewal after IRR effectivity requires driver’s education on safety.
Legal Clauses
- Invalid provisions do not affect validity of remaining IRR.
- Conflicting laws or rules repealed or amended accordingly.
- IRR effective upon publication and registration with National Administrative Register.