Title
IRR of RA 10930 on Driver's License Validity
Law
Irr Of Republic Act No. 10930
Decision Date
Apr 25, 2019
The Implementing Rules and Regulations of Republic Act No. 10930 enhance the driver's license policy by extending validity periods, instituting a point system for traffic violations, and ensuring licenses are issued only to qualified applicants with adequate driving skills and knowledge of road safety.
driver
s license
validity period

Policy and regulatory purpose

  • The IRR establishes rules to rationalize and strengthen the policy on driver’s licensing by extending the validity period of driver’s licenses (Section 1).
  • The IRR ensures that driver’s licenses are issued only to deserving applicants who have sufficient driving skills and knowledge on road safety and proper road courtesy (Section 1).
  • The IRR’s provisions align with the State policy to establish a system that promotes ease of access to government services and efficient transportation regulation favorable to the people (Section 2).

Definitions and key concepts

  • A Driver is “every and any licensed operator of a motor vehicle” (Section 3(a)).
  • A Student-driver’s Permit (SP) is an authority valid for one (1) year, issued by the Land Transportation Office (LTO) to a person learning to operate motor vehicle, while accompanied by a duly licensed driver possessing the appropriate restrictions code/s for the type of motor vehicle to be operated (Section 3(b)).
  • A Driver’s License (DL) is the authority in the form prescribed by the LTO granted to operate motor vehicle, either nonprofessional or professional (Section 3(c)).
  • A Nonprofessional Driver’s License (NPDL) authorizes operation of a private motor vehicle (Section 3(c)(i)).
  • A Professional Driver’s License (PDL) authorizes operation by a driver hired or paid for driving or operating a motor vehicle, whether for private use or for hire to the public (Section 3(c)(ii)).
  • A Driver’s License (DL) Code is a code represented of vehicle category that a driver may operate (Section 3(d)).
  • A Point System is a method of accruing demerit points over time used for driver’s license renewal conditions, prohibition from availment of certain transactions, and revocation of a driver’s license; it uses a graduated scale of points according to the gravity of traffic violations (Section 3(e)).
  • A Demerit Point is an arithmetical value, specified by integer numbers, assigned to and accumulated for every corresponding traffic violation (Section 3(f)).
  • A Traffic Violation includes acts and omissions (intentional or unintentional) prohibited and penalized by traffic laws, rules, regulations, and local ordinances, classified as:
    • Grave Violations (willful/wanton disregard for safety/rights posing real threat of serious injury or may cause undue ruin/substantial property damage) (Section 3(g)(i)),
    • Less Grave Violations (endangerment likely but not severe enough for Grave classification) (Section 3(g)(ii)), and
    • Light Violations (minor/simple infraction not otherwise classified as Grave or Less Grave) (Section 3(g)(iii)),
      all referenced to the Violation Demerit Point Schedule (Appendix 1).
  • Suspension is the temporary withdrawal by the LTO of a driver’s license or privilege to operate on public roads or highways (Section 3(h)).
  • Revocation is the termination by formal action by the LTO of a driver’s license or privilege to operate on public roads or highways (Section 3(i)).

Issuance of licenses and required safeguards

  • The LTO Head or his/her deputies must find that the applicant possesses necessary qualifications and proficiency after theoretical and practical examinations (Section 4).
  • Applicants must be able to read and write any official language or major dialect and must know how to read and interpret traffic signs, signals, and road markings (Section 4).
  • Upon satisfying qualifications and examinations, the LTO issues a professional or nonprofessional license upon payment of the fee prescribed by law (Section 4).
  • Before issuance, the applicant must present himself/herself in person and have photograph taken by the LTO (Section 4).
  • All driver’s licenses must be signed in the presence of the LTO Head or his/her deputies and must bear required identifiers including: full name, date of birth, height, weight, sex, color of eyes, blood type, complete current address, biometrics, license number, and its date of issue and expiration (Section 4).
  • The LTO must use processes or measures that prevent alteration or falsification of a license or enable the LTO to detect unauthorized licenses (Section 7).
  • The LTO must collect reasonable fees to cover cost and expenses of regulation, and such fees must not cost more than the government’s procurement expense (Section 5).

Driver’s license validity rules

  • Except for student-driver’s permits, driver’s licenses are valid for five (5) years, reckoned from the birthdate of the licensee, unless sooner revoked or suspended (Section 6).
  • A holder of a professional or nonprofessional driver’s license who has not committed any violation of Republic Act No. 4136 and other traffic laws is entitled to renewal for ten (10) years, subject to Section 26 of Republic Act No. 4136, as amended by Batas Pambansa Blg. 398 (Section 6).

Stricter pre-issuance prerequisites

  • The LTO must promulgate prerequisites and guidelines to ensure driver’s licenses are issued only to deserving applicants with sufficient driving skills and knowledge on road safety and proper road courtesy, pursuant to Section 23-A of Republic Act No. 4136, as amended by Republic Act No. 10930 (Section 8).
  • The conduct of theoretical and practical examinations must be designed to sufficiently measure driver competency, consistent with the type of license applied for and its corresponding restrictions (Section 8).
  • For professional driver-applicants, tests must be appropriate to the vehicle and type of service and the applicant intends to operate (Section 8).

LTO point system and demerit mechanics

  • The LTO must institutionalize a point system used to assess the fitness and eligibility of driver applicants for desired license transactions (Section 9).
  • The point system must identify, deter, and penalize repeat offenders of traffic laws and ordinances (Section 9).
  • The LTO must establish and maintain a registry where every driver’s demerit points are recorded and stored for monitoring (Section 9).
  • Demerit points incurred by a driver are recorded in the LTO demerit point registry for the day the violation was committed, subject to Section 20 hereof (Section 10).
  • The LTO records against the apprehended driver the number of demerit points corresponding to violations if:
    • the person admits the apprehension, or the person does not file an apprehension contest and the contest period lapses, or
    • the person contests but obtains an unfavorable resolution after adjudication (Section 10(a)-(b)).
  • Demerit points are individually counted for every violation committed in a single apprehension (Section 10).
  • Every violation of Republic Act No. 4136 and other traffic laws, rules, regulations, including local ordinances, assigned a demerit point based on gravity and habituality, follows these default point values (Section 11):
    • Grave Violations: 5
    • Less Grave Violations: 3
    • Light Violations: 1
    • all guided by Appendix 1.
  • 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 (Section 11).
  • Double demerit points apply: drivers of public utility vehicles (PUV) must meter double the demerit points for every traffic violation committed while operating a For Hire motor vehicle (Section 12).
  • The double-demerit rule also applies to a driver of a private motor vehicle operating as a PUV without proper authority from the LTFRB (Section 12).

Demerit accumulation and renewal conditions

  • Demerit points are reckoned from the date of initial issuance or last renewal to the day immediately preceding the date of the subsequent renewal (Section 13).
  • The LTO must create an accessible and efficient system so license holders can check or verify the status of the license and accumulated demerit points, if any (Section 13).
  • Renewal is conditioned on demerit thresholds (Section 14):
    • Renewal applicants who accrue 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.
    • Drivers who accumulate ten (10) or more total demerit points must, in addition to the reorientation course, pass the theoretical examination before being allowed to renew.
  • The IRR mandates an intervention program (Section 15) requiring, after LTO notification, a mandatory reorientation course conducted by LTO or a duly accredited provider:
    • for every ten (10) accumulated demerit points, or
    • whenever the same violation is committed at least three (3) times during the validity of the license.
  • For a public utility vehicle driver who commits any franchise-related violation, an additional training seminar by the PUV Driver’s Academy of the LTFRB is required (Section 15).
  • 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 attendance is complied with (Section 15).

Revocation, prohibitions, and student-driver rules

  • A driver whose license results in accumulation of at least forty (40) demerit points is subject to immediate revocation, without need for any proceeding, for a period of two (2) years, reckoned from the date of settlement of fines and penalties, subject to exceptions recognized by Republic Act No. 4136 and other laws (Section 16).
  • The revocation applies even if the license is confiscated and/or in possession of other law enforcement agencies (Section 16).
  • Upon revocation, the LTO must serve notice to the driver at the address registered in the LTO database by registered mail (Section 16).
  • If registry service is unavailable in either sender or addressee locality, notice may be served by ordinary mail, which constitutes presumptive notice (Section 16).
  • A driver who accumulates specified demerit points is prohibited from applying for:
    • change classification from nonprofessional to professional, and/or
    • application for additional driver’s license code/s
      counted from the date of settlement of fines and penalties (Section 17).
  • The length of prohibition is:
    • 1–2 demerit points: 3 months
    • 3–4 demerit points: 6 months
    • 5 or more demerit points: 1 year (Section 17).
  • For student-driver’s permits (Section 18), incurring at least five (5) demerit points during the validity causes confiscation and revocation after due notice, and bars the student driver from applying for another student-driver’s permit for one (1) year from the date of revocation.
  • No person whose student-driver’s permit has already been revoked for the third time may apply for a student-driver’s permit (Section 18).
  • The licensed driver accredited by LTO, acting as instructor to the student-driver, is equally responsible and liable for violations and for any injury or damage caused by the student driver under the instructor’s direction (Section 18).
  • The instructor is meted demerit points corresponding to the student driver’s violations, without prejudice to possible LTO sanctions against the instructor’s accreditation (Section 18).
  • Demerit points revert to zero upon renewal of the driver’s license (Section 19).
  • The history of traffic violations that incurred prior demerit points is archived and forms part of the driver’s permanent records to preserve and disclose such records to public officers and private persons for a legitimate purpose (Section 19).
  • For contested apprehensions handled by agencies other than LTO that remain unresolved until the driver’s license expiry, demerit points attributable to violations still under contest accrue only in the subsequent accumulation period or when the contest is resolved with finality (Section 19).

Penalties for unlawful acts

  • Penalties are imposed by the appropriate agency or officer, without prejudice to penalties under the Revised Penal Code and other applicable laws (Section 20).
  • Removal from service with all accessory penalties attaches to any officer who issues a driver’s license without necessary examination, connives in irregular issuance, or by gross negligence issues a license to an unqualified applicant (Section 20(a)).
  • A PHP 20,000.00 fine is imposed on an applicant found to have committed any of the following acts (Section 20(b)):
    • willful misrepresentation with respect to material information in the application;
    • connivance with the officer in irregular conduct of examination or issuance;
    • falsification of documents; or
    • cheating during examinations.
  • The PHP 20,000.00 fine applies whether or not a license was granted because of the misrepresentation, connivance, falsification, or cheating (Section 20(b)).
  • If a license is granted due to those acts, the erring applicant’s license is revoked, and the applicant is prohibited from applying for two (2) years (Section 20(b)).
  • Repetition of the offense warrants perpetual disqualification from being granted a driver’s license in addition to the fine (Section 20(b)).
  • A license holder who violates Republic Act No. 4136 and other traffic laws receives corresponding penalties as provided by law and other issuances (Section 20(c)).
  • If death or specified serious consequences result from a driver’s negligence or fault and the court so finds, the driver’s license is revoked for four (4) years in cases where the driver’s conduct results in:
    • loss of any part of a victim’s body or use thereof;
    • insanity, imbecility, impotence, or blindness; or
    • incapacity to work for more than ninety (90) days (Section 20).
  • The Assistant Secretary may still suspend or revoke the license of the driver who caused such death or serious physical injury after determination that the driver is an improper person to operate motor vehicles, even without filing of an action in court or even if parties amicably settle the dispute (Section 20).

Adjustments and penalty review power

  • The Secretary of the DOTr, upon LTO recommendation after due hearing and publication, may increase or adjust the PHP 20,000.00 fine once every five (5) years (Section 21).
  • Any increase must not exceed 5% of the fine sought to be increased (Section 21).

Implementation responsibilities and reporting

  • The LTO serves as the central repository of all traffic violation records (Section 22).
  • LGUs, MMDA, or other agencies issuing traffic violation receipts must upload apprehension reports online to the LTO facility developed for that purpose (Section 23).
  • Pending such online uploading, LGUs/MMDA/other agencies must transmit apprehension reports in the prescribed form to the LTO District Offices or Regional Office with geographical area of responsibility (GAOR) containing relevant information within ten (10) working days from the date of apprehension (Section 23).
  • Traffic agents of LGUs are prohibited from confiscating driver’s licenses while enforcing traffic laws unless duly deputized by the MMDA within Metro Manila or by the LTO (Section 23).
  • 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 (Section 23).
  • No demerit points may be incurred or recorded against the driver-violator until the LGU/MMDA submits a complete updated report indicating whether apprehension was admitted, uncontested, or affirmed, or dismissed on adjudication, submitted not later than three (3) working days from lapse of the contest period (Section 23).
  • The LTO must create an online process for renewal of professional and nonprofessional driver’s licenses under the new LTO IT system (Section 24).
  • The DOTr and LTO, in coordination with 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 measures implemented and violations punishable under Republic Act No. 4136 and other traffic laws (Section 25).
  • The LTO must conduct continuing research and development to ensure efficient administration of the driver’s licensing system (Section 26).

Transitory and final provisions

  • After IRR effectivity, driver’s licenses with three (3) years validity are entitled to renewal valid for five (5) years (Section 27).
  • Holders of driver’s licenses with five (5) years validity must undergo comprehensive driver’s education on road safety and proper road courtesy upon their first renewal after IRR effectivity (Section 27).
  • The IRR contains a separability clause: if any provision is held invalid or unconstitutional, the remainder remains valid and subsisting (Section 28).
  • The IRR revokes, repeals, amends, or modifies all laws, rules, regulations, issuances, or parts inconsistent with the IRR (Section 29).

Violation demerit schedules attached

  • Appendix 1 provides a Violation Demerit Point Schedule assigning demerit points by gravity category:
    • Grave Violations: 5 demerit points
    • Less Grave Violations: 3 demerit points
    • Light Violations: 1 demerit point
      and enumerates specific traffic-related violations and corresponding demerit point entries.
  • The schedule includes demerit point assignments tied to multiple statutes, including Republic Act No. 10666, Republic Act No. 10586, Republic Act No. 10913, Republic Act No. 8749, Republic Act No. 8750, Republic Act No. 10054, Republic Act No. 8794, Republic Act No. 7924, and others referenced in the listed violations.

Apprehension report and record forms

  • Appendix 2 establishes a Traffic Violation Apprehension Report pro-forma showing date of apprehension, name of agency/LGU, traffic violation receipt details, names, violations, driver’s license number, MV plate number, and remarks, with certification lines.
  • Appendix 3 establishes an Updated Report on Apprehension Cases pro-forma showing final disposition/resolution indicators: ADMITTED, CONTESTED, AFFIRMED, and DISMISSED, including driver/operator and violation details, with certification lines.

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