Law Summary
Declaration of Policy
- Aligns with the State’s policy for ease of access to government services.
- Promotes efficient transportation regulation beneficial to the public.
Definitions
- Driver: Any licensed motor vehicle operator.
- Student-driver's Permit (SP): Valid for one year, allows learner to drive with a licensed instructor.
- Driver’s License (DL): Issued in two types – Nonprofessional and Professional.
- Nonprofessional Driver’s License (NPDL): For private motor vehicle operation.
- Professional Driver’s License (PDL): For drivers hired or paid for driving.
- DL Code: Vehicle category authorization.
- Point System: Demerit points accrued for traffic violations affecting license privileges.
- Demerit Point: Numeric value assigned per traffic violation.
- Traffic Violations categorized as Grave, Less Grave, and Light, based on severity.
- Suspension: Temporary withdrawal of license.
- Revocation: Permanent termination of license privileges.
Issuance of Driver’s License, Fees, and Validity
- Applicants must pass theoretical and practical exams demonstrating qualifications.
- License issuance includes biometric data and is signed before LTO officials.
- Fees cover regulatory costs and must be reasonable.
- Licenses are valid for five years from the birthdate unless revoked or suspended.
- Renewal validity can extend to ten years for drivers with clean records.
- LTO must safeguard against forgery and falsification using secure processes.
Prerequisites and Guidelines
- The LTO shall institute strict rules for license issuance including competency exams tailored to license type.
- Professional driver tests correspond to intended vehicle use and service type.
Point System and Registry
- The LTO establishes a demerit point system to monitor driver fitness and penalize repeat offenders.
- A registry records and monitors demerit points for all drivers.
- Demerit points recorded upon admission of violation, uncontested appeal, or unfavorable adjudication.
Demerit Point Schedule
- Violations classified into:
- Grave Violations: 5 points
- Less Grave Violations: 3 points
- Light Violations: 1 point
- The Secretary of DOTR may adjust point allocations after due process.
Special Provisions
- Double points apply to public utility vehicle (PUV) drivers and unauthorized PUV operators.
- Demerit points accumulate from issuance or last renewal date to subsequent renewal.
- Drivers with 5+ points must complete a driver reorientation course.
- Drivers with 10+ points must pass a theoretical exam in addition to reorientation before renewal.
Intervention and Penalties for Violations
- Mandatory reorientation courses for every 10 points or three-time similar violations within license validity.
- Additional LTFRB training for PUV drivers with franchise violations.
- License suspension if the course is not completed within 30 days post-notification.
License Revocation
- Immediate revocation for drivers accruing 40 or more points for two years from settlement date.
- Revocation notices are sent by registered mail; ordinary mail suffices if registry service unavailable.
- Court rulings of negligence causing serious injury or death lead to license revocation for 4 years.
- The Assistant Secretary may suspend or revoke licenses independent of court actions upon determination of driver impropriety.
Restrictions on License Upgrades and Additional Codes
- Drivers with demerit points face prohibitions on upgrading from nonprofessional to professional or adding codes ranging from 3 months to 1 year depending on points accrued.
Student-Driver Provisions
- Accumulation of 5 points leads to permit confiscation, revocation, and one-year bar on reapplication.
- Third revocation bars further applications permanently.
- The instructor is jointly liable for violations and damages during student-driver operation.
No Carry-over of Demerit Points
- Demerit points reset to zero after license renewal but violation history remains in permanent records.
- Points from unresolved contested violations accrue upon resolution or next accumulation period.
Unlawful Acts and Corresponding Penalties
- LTO officers issuing licenses irregularly face removal from service.
- Applicants committing misrepresentation, cheating, or falsification face fines of P20,000, license revocation, and a 2-year application ban.
- Repeat offenses lead to perpetual disqualification.
- Drivers violating traffic laws causing death or serious injury face license revocation for four years.
Adjustment of Penalties
- Secretary of DOTr can adjust fines every five years by up to 5% upon recommendation and hearing.
Responsibilities of Implementing Agencies
- The LTO is the central repository for traffic violation records.
- LGUs, MMDA, and other agencies must submit apprehension reports online or within 10 days to LTO.
- Licenses of violators are alarmed in the LTO system within 24 hours after receipt.
- Demerit points are only recorded after adjudication is complete.
- Only deputized LGU traffic agents may confiscate licenses.
- LTO to provide an online renewal platform.
- DOTr, LTO, LTFRB to conduct public information and road safety campaigns.
- LTO to engage in ongoing research for licensing system efficiency.
Transitory and Final Provisions
- Licenses with 3-year validity are renewed for 5 years post-IRR effectivity.
- First renewal under the new rule requires comprehensive road safety education.
- Invalid provisions do not affect the remainder of the IRR.
- Conflicting laws are repealed or amended.
- IRR effective upon publication and registration with the National Administrative Register.