Land Transportation and Traffic Code Overview

Land Transportation Commission Created

Section 4 creates the Land Transportation Commission composed of one Commissioner and one Deputy Commissioner.
The Commission is treated as the “Commission” for all purposes of the Act; “Commissioner” includes the Commissioner or Deputy Commissioner.
The Commissioner and Deputy Commissioner must be natural-born citizens and residents of the Philippines, appointed by the President with the consent of the Commission on Appointments.
The “present Administrator, Assistant Administrator and personnel of the Motor Vehicles Office” continue in office without necessity of reappointment.
The Commissioner and Deputy Commissioner hold office until removed under the Revised Administrative Code.
The Commissioner receives twelve thousand pesos annually; the Deputy Commissioner receives ten thousand four hundred pesos annually.
The Commission must maintain offices in Quezon City and establish regional branch offices in Tuguegarao (Cagayan), Baguio City, Pasig (Rizal), Lipa City, San Fernando (La Union), Naga City, Cebu City, Iloilo City, Cagayan de Oro City, and Davao City.

Powers, enforcement, and reports duties

The Commissioner is responsible for administering the Act and, with approval of the Secretary of Public Works and Communications, issues rules on examination, licensing, bonding, registration and re-registration, transfers, changes of status, and replacements of certificates, licenses, badges, permits, and number plates.
With approval of the Secretary, the Commissioner prescribes minimum standards and specifications including allowable gross weight, length, width, and height, distribution of loads, allowable loads on tires, change of tire sizes, body design or carrying capacity after registration, and other special cases lacking specific provisions in the Act.
The Commissioner must compile applications, certificates, permits, licenses, and records of transfers, notifications, suspensions, revocations, and court judgments to preserve and make them accessible to interested persons and public officers.
The Commissioner must give public notice of certificates, permits, licenses and badges issued, suspended or revoked, and of motor vehicle transfers and drivers bonded under the Act.
The Commissioner may designate employees (with approval of the Secretary) as deputies and agents to assist in carrying out the Act.
The Commissioner and deputies are authorized to:
- Make arrests for violations of the Act concerning motor vehicles;
- Issue subpoena and subpoena duces tecum to compel appearances of operators, drivers, and other persons or conductors; and
- Use reasonable means to secure enforcement.
The Commissioner or deputies may examine and inspect any motor vehicle to determine whether it is registered, or unsightly, unsafe, overloaded, improperly marked or equipped, or otherwise unfit.
The Philippine Constabulary and city/municipal police forces must prevent violations and carry out police provisions within their jurisdictions.
Apprehensions must be submitted for final disposition to the Commissioner and deputies within twenty-four hours from apprehension.
Apprehending officers must endorse cases immediately to the Land Transportation Commission; when immediate action is needed, endorsement goes to traffic court, city or municipal court for summary investigation, hearing, and disposition, with notices sent to the Commissioner and the court’s disposition recorded and mailed to the owner and driver.

Definitions and coverage

Section 3 defines key terms used in the Act, including:
- “Motor Vehicle”: any vehicle propelled by power other than muscular power using public highways, excluding specified equipment and rail-track vehicles, listed as exceptions.
- “Passenger automobiles”: specified types of pneumatic-tire vehicles, plus rebuilt-body vehicles using the chassis of passenger automobiles that meet capacity and use limitations determined by the Commissioner.
- “Articulated vehicle” and “semi-trailer” for vehicles with a trailer bearing substantial weight on the motor vehicle.
- “Driver” as every licensed operator of a motor vehicle.
- “Professional driver” as hired or paid drivers, including private owners driving for hire.
- “Owner” as the actual legal owner whose vehicle is registered with the Land Transportation Commission; for government vehicles, the head of the office or chief of the Bureau concerned.
- “Dealer”, “Garage”, “Gross weight”, “Highways”, “Parking or parked”, and “Tourist.”
Section 2 limits the Act’s control to matters of registration and operation of motor vehicles and licensing-related matters, as far as the Act applies.
Section 5 covers motor vehicles and other vehicles operated on or used on public highways of the Philippines.

Motor vehicle registration rules

Section 5 requires that no motor vehicle may be used or operated on any public highway in the Philippines unless properly registered for the current year.
Registration renewal becomes delinquent and invalid if not renewed by the fixed schedule for classifications:
- For hire motor vehicles: on or before the last working day of February.
- Privately-owned motor vehicles: from March 1 to the last working day of May.
- All other motor vehicles: from June 1 to the last working day of June.
- The delinquency does not apply when plates are returned on or before the last working day of December of the year of issue to Quezon City or the provincial/city office of the Commission’s Motor Vehicles Registrar.
Dealers’ reports: the Commissioner may require dealers to furnish information and reports on sales, importation, manufacture, number of stocks, transfer, or other transactions affecting motor vehicles.
Change of motor number prohibited: no repair or change involving exchange, elimination, effacing, or replacing the original or registered motor serial/number is allowed; vehicles with traces of tampering are refused registration or re-registration unless satisfactorily explained and approved by the Commissioner.
Encumbrances: mortgages, attachments, and other encumbrances are valid only when:
- Recorded in the Land Transportation Commission; and
- Noted on all outstanding copies of the certificates of registration.
Cancellation/foreclosure of encumbrances must also be recorded; without cancellation, no certificate of registration is issued without notation.
The Commission charges five pesos per annotation of a mortgage/attachment/encumbrance and/or its cancellation.
Section 6 allows registration applications and payments to be made personally or by registered mail; the date of postage-stamp cancellation on envelopes containing money orders or checks is taken as the application/payment date if properly prepared and sufficient payment is made.

Registration classifications and private-use limits

Section 7 requires each motor vehicle to be registered under specific classifications, including:
- Private passenger automobiles
- Private trucks
- Private motorcycles, scooters or motor wheel attachments
- Public utility automobiles
- Public utility trucks
- Taxis and auto-calesas
- Garage automobiles
- Garage trucks
- Hire trucks
- Trucks owned by contractors and customs brokers and customs agents
- Dealer’s classifications (dealer’s registrations covering vehicles imported or handled by dealers for sale)
- Government automobiles/trucks/motorcycles
- Tourist vehicles (under conditions)
- Special registration by the Commissioner’s discretion.
Private truck and private motorcycle classifications prohibit operation for hire under any circumstances and prohibit soliciting, accepting, or transporting passengers or freight for pay.
Private trucks may carry laborers necessary to handle freight, but only with restrictions:
- No rear seats installed;
- Only laborers not exceeding ten may ride, needed to handle the freight; and
- Combined weight of cargo and passengers must not exceed the registered net capacity.
A vehicle habitually used to carry freight not belonging to the registered owner or passengers not related by consanguinity/affinity within the fourth civil degree is conclusively presumed to be “for hire.”
No person may register as private truck any truck not actually and reasonably necessary for carrying out the person’s duly licensed business or legitimate occupation/industry, regularly paying taxes.
Vehicles under public utility classifications must include a certificate of public convenience or special permit issued by the Public Service Commission and are subject to the Public Service Law, rules and regulations, and the Act.
Dealer’s registrations must not be used to carry passengers or freight in the dealer’s business or for hire; vehicles operate only to transport the vehicle itself from pier/factory to warehouse/sales room, for delivery to a purchaser, or for test/demonstration.
Government vehicles owned by the Government of the Philippines or its political subdivisions are registered under government classifications; government corporations, government employees, and foreign governments’ vehicles are excluded from government classification registration.
Tourists bringing their own motor vehicles may use them without registering during but not after ninety days of sojourn if they display current year number plates of another country/state and register those plates and owner name/address (permanent and temporary) with the Commission before operation.
If a tourist stays beyond ninety days, operation is not allowed unless registered under the Act and registration fees are paid.
The Commissioner may, in discretion, allow special registration of motor vehicles that do not conform to regular classifications.

Registration fees, permits, and exemptions

Section 8 requires annual registration renewal to be accompanied by an annual registration fee, except as otherwise specifically provided in the Act.
For private passenger automobiles with pneumatic rubber tires, the fee depends on shipping/factory weight:
- 1,000 kilos or less: PHP 75.00
- 1,000 to 1,500 kilos: PHP 100.00
- 1,501 to 2,000 kilos: PHP 135.00
- 2,001 kilos and above: PHP 180.00
The factory/shipping weight is obtained from the Red Book edited by the National Market Report, Inc., of the United States of America.
For vehicles with altered, changed or rebuilt bodies, the vehicle weight is the weight obtained by actual weighing.
Increased registration fees for private use or for hire do not apply to jeeps and jeepneys; the fees are those prescribed before approval of the Act.
Passenger capacity determination for registration is based on specific seating area measurements for adults and half passengers.
Fees for private motor trucks, passenger buses and trailers:
- Pneumatic tires: five pesos per hundred kilograms of maximum allowable gross weight or fraction thereof.
- Solid/part-solid/part-pneumatic tires: seven pesos per hundred kilograms or fraction thereof.
Fees for private motorcycles and scooters (two or three wheels) and bicycles with motor attachments: thirty pesos.
Registration for hire is 60% more than private motor vehicle fees of the same category.
Diesel-consuming vehicles pay 50% more than vehicles using motor fuel other than diesel oil; hire diesel fees follow the hire increment rule.
Dealer classification registration fees: no regular registration fees for general registration, but the Commissioner provides dealer number plates and charges:
- PHP 200 for each truck or trailer;
- PHP 100 for each passenger automobile; and
- PHP 20 for each motorcycle and the like.
Government Motor Vehicle classification registration is free of charge, upon request of the chief of the bureau or office concerned.
Exemptions from regular registration fees apply to motor vehicles not intended to operate on public highway, or operating on highways not constructed/maintained by the Government, or intended not to be used or operated at all; these vehicles pay:
- An annual recording and service fee of fifteen pesos.
- A PHP 4 charge per set of distinctive plates assigned to exempt vehicles.
No refund, credit, or reimbursement is allowed for registration fees due to discontinuance after payment.
If exempt vehicles are found operating on public highways, regular registration fees and surcharges are collected in addition to applicable penalties.
Maximum allowable gross weight for computing truck/bus/trailer registration fees is determined by the Commissioner, who prepares tables of maximum loads per wheel subject to approval of the Secretary of Public Works and Communications.
Installments: truck registration fees may be paid in two equal installments:
- First: on or before the last working day of February if for hire, and in March if private.
- Second: on or before the last working day of August.
- The 50% penalty applies only to the unpaid balance for the remaining period of delinquency.
Section 9 prescribes maximum allowable weights and dimensions:
- Maximum gross weight:
  - Per most heavily loaded wheel: 3,600 kilograms
  - Per most heavily loaded axle: 8,000 kilograms
  - Per most heavily loaded axle group (two axles, one meter to less than two meters apart): 14,500 kilograms
- No provincial/city/municipal authority may regulate maximum gross weight by ordinance/resolution.
- Maximum dimensions for a single unit:
  - Overall width: 2.5 meters
  - Overall height: 4 meters
  - Overall length:
    - Freight vehicles with two axles: 10 meters
    - Passenger vehicles with two axles: 11 meters
    - Vehicles with three or more axles: 14 meters
  - No motor vehicle/trailer combination exceeds 18 meters overall projected length.
- Articulated vehicles may not draw a trailer, and vehicles drawing a trailer may not draw another.
Section 10 requires special permits (with additional fee schedules set by the Commissioner with Secretary approval) for operation in enumerated special cases, including:
- Wheel/axle/axle-group loads exceeding Section 9 limits;
- Vehicle size exceeding permissible dimensions under Section 9;
- Load extending beyond projected width;
- Pulling two trailers behind a motor vehicle; and
- Other special authorities relating to use not specifically provided.
Section 11 imposes additional fees for changes and reissues:
- PHP 2 for each change of registration (private to for hire or vice-versa), revision of gross weight rating, change of tire size, transfer of ownership, replacement of lost registration/number plate/driver’s license/permit/badge, affidavit/certified record preparation, or similar circumstances requiring issue/revision/reissue of documents.
- Replacement of lost or utterly spoiled documents/plates makes the original invalid.
- Certification of data/facts involving two or more vehicles costs PHP 5 per page or part thereof.
Section 12 prorates original registration fees for part of the calendar year:
- Application in first quarter: pay total annual fee.
- Second quarter: pay three-fourths of annual fee.
- Third quarter: pay one half.
- Fourth quarter: pay one-fourth.
- Quarterly renewals to avoid full-year advance fees are prohibited by implication through the restriction on quarterly renewals.
Section 13 bars original registration acceptance unless proof of payment of taxes, customs duties, or other charges due is presented.

Certificates, number plates, and registration suspension

Section 14 requires issuance of a properly numbered certificate of registration for each separate motor vehicle after due inspection and payment of corresponding registration fees.
Section 15 requires the certificate to be preserved and carried in the car by the owner and presented for re-registration, transfer of ownership, or recording of encumbrances; a true copy/photostat may be carried in lieu of the original certificate.
A valid, unsuspended, unrevoke certificate authorizes operation of the motor vehicle described.
No motor vehicle may be operated on public highways in a manner that places it under a classification requiring payment of a larger registration fee than what its certificate indicates.
Section 16 authorizes suspension/refusal based on vehicle condition:
- If a motor vehicle is unsightly, unsafe, overloaded, improperly marked/equipped, unfit, capable of damaging highways/bridges/culverts, or not conforming to minimum standards, the Commissioner may refuse registration or require surrender of number plates and suspend registration upon 72 hours notice until defects/standards are corrected and complied with.
- If records show that within any twelve-month period the owner received more than three warnings for violations, or was convicted by competent court more than once for violations, the Commissioner may suspend the certificate for up to 90 days and require immediate surrender of number plates.
- If underweighed, the owner must pay the registration fee difference plus a 50% surcharge; until paid, the certificate is suspended.
- After two such suspensions, re-registration for one year may be denied.
- The Commissioner must notify the owner of actions taken.
Section 17 requires the Commissioner to prepare and issue number plates, charging PHP 4 for each pair, including numerals indicating year of registry.
- If plates are unavailable, the Commissioner/deputies may issue without charge a written permit temporarily authorizing operation with alternate identification.
- Vehicles exempt from registration fees, vehicles for hire, and privately-owned vehicles must have plates designed/painted in different colors to distinguish class.
- Exempt vehicles keep exempt plates during their lifetime while exempt and must return plates within seven working days after losing exemption privilege or transferring the vehicle to a non-exempt owner.
- If the year numerals are detachable, a tag may be issued for subsequent re-registration at PHP 1 per tag by the Commissioner’s discretion.
Section 18 requires every motor vehicle to display one plate in front and one in rear, conspicuously, cleanly, firmly affixed, and always legible.
No one may transfer number plates from one motor vehicle to another, except that dealer’s number plates may be used successively on various motor vehicles in stock.
No dealer’s number plate may be used on any motor vehicle after the vehicle has been sold and delivered to the purchaser, and dealers may not allow usage after delivery.

Driver licensing and operational authority

Section 19 provides that no person may operate any motor vehicle without first procuring a driver’s license for the current year, and no operation is allowed while the license is delinquent, invalid, suspended, or revoked.
The driver must carry the license at all times and show/surrender it upon demand to authorized persons to confiscate the license.
Section 20 provides special rules for enlisted men operating government motor vehicles:
- Licenses are issued under the Act but no license or delinquency fees are collected.
- Such licenses must bear “For Government Vehicles Only” plainly marked/stamped in red ink across the face.
- A government-marked license does not authorize operation of private vehicles.
Section 21 allows bona fide tourists and similar transients duly licensed in their countries to operate in the Philippines for ninety days of sojourn, but not after.
- If investigation indicates incompetence, the Commissioner must immediately inform the tourist/transient in writing that operation will no longer be permitted.
- After ninety days, operation requires payment of fees and obtaining and carrying a license under the Act.
Section 22 requires applicants to file with the Commissioner or deputies for a license.
- Professional driver licensing is prohibited for persons suffering from highly contagious diseases such as advanced tuberculosis, gonorrhea, syphilis, and the like.
- Applications must include required information on ability to operate, and include a PHP 5 fee (except enlisted men operating government-owned vehicles).
- The Commissioner or deputies must ascertain sight and hearing are normal and may require a physician’s certificate.
- Examinations/demonstrations may be required at the Commissioner’s discretion.
Section 23 provides that if the Commissioner believes the applicant is qualified and proficient, a license is issued upon payment of PHP 5 and requires submission of:
- Three copies of a recent photograph securely attached to the license; and
- Two copies filed and kept as required by the Act.
- All licenses must bear the licensee signature and right-hand thumb print.
Section 24 establishes:
- A license authorizes operation of motor vehicles described in the license while valid and not suspended/revoked.
- Professional drivers operating public service motor vehicles registered under classifications (d) to (j) of Section 7 must secure a driver’s badge by paying PHP 1, displayed on the band of the cap or on a coat or shirt at all times while so operating.
- The badge is metal, with a readable number stamped.
- It is unlawful for any licensed driver to transfer/lend/allow another person to use the license to enable operation by another person.
- Owners may not engage/employ/hire drivers unless the person sought is a duly licensed professional driver.
Section 25 requires drivers who change address to notify the Commissioner in writing within 15 days of new address, employer name/address, number of motor vehicle employed to operate, and other info the Commissioner may require.
Section 26 provides renewal rules:
- A license not renewed on or before the last working day of the month when the applicant was born becomes delinquent and invalid.
- Delinquent license renewal penalty is PHP 5 in addition to the basic renewal fee.
- Renewal requires presenting the previous year’s license plus the PHP 5 fee (and for professional chauffeurs, three copies of a readily-recognized photograph taken not exceeding three years prior).
- If the previous license is lost/not produced, the applicant must obtain a duplicate under Section 11, or the Commissioner may accept a duly signed and sworn statement that the operator did not operate any motor vehicle in the Philippines during years for which no license was issued.
- A failure to follow these requirements authorizes refusal of renewal by the Commissioner/deputies.
Section 27 authorizes suspension/revocation:
- The Commissioner may suspend for up to three months or, after hearing, revoke any driver’s license when the holder is an improper person or endangers the public while operating or as an accessory to a crime.
- A deputy may suspend for up to three months, subject to appeal to the Commissioner for confirmation, reversal, or modification.
- If within any twelve-month period a driver is convicted at least three times for violations of the Act or regulations/municipal/city ordinances related to motor vehicle traffic not conflicting with the Act, the Commissioner may revoke or suspend for up to two years.
- Suspended/revoked licenses are not reinstated unless the driver posts a bond under Section 29 and only after the Commissioner is satisfied the driver can safely operate again.
- Decisions revoking or refusing reinstatement may be appealed to the Secretary of Public Works and Communications.
Section 28 governs driver bond requirements for reinstatement:
- The Commissioner may require a bond of PHP 1,000 conditioned upon satisfaction/payment of claims or executions arising from driver liability while operating motor vehicles.
- Sureties must be liable for at least one year but not more than three years.
- Release from further surety responsibility may be authorized upon written application to the Commissioner.
- If the Commissioner does not revoke a driver convicted of homicide through reckless imprudence, or of violation of speed limit or reckless driving at least three times within a twelve-month period, the driver must post a bond of not less than PHP 2,000, similarly conditioned.
Section 29 authorizes confiscation and temporary permits:
- Law-enforcement and peace officers designated by the Commissioner must confiscate a driver’s license upon apprehension and issue a Commission-prescribed receipt authorizing operation for up to seventy-two hours.
- The authorization period cannot be extended and becomes invalid thereafter.
- Failure to settle the case within 15 days from apprehension causes license suspension and revocation.
Section 30 establishes student-driver permits:
- A student permit is issued upon proper application and PHP 3 payment for persons not under eighteen years of age who want to learn to operate.
- Student permits are valid for six months.
- No driver’s license application is received unless the applicant underwent instruction for at least one month and has a valid student-driver permit.
- A student who fails examination remains a student for at least one additional month.
- A student may not operate unless accompanied by a duly licensed driver.
- The licensed instructor-driver is responsible and liable for violations and for any injury/damage from operation by the student driver under instruction.

Prohibited license and document misuse

Section 31 prohibits making or using any imitation or similar driver’s license, badge, certificate of registration, number plate, tag, or permit intended to be used as a legal license/badge/certificate/plate/tag/permit or intended for sale or disposal to another.
Section 31 prohibits falsely representing a license/badge/certificate/plate/tag/permit as valid and in force if it is delinquent, revoked, or suspended.
Section 31 prohibits, knowingly and with intent to deceive, making false or fraudulent statements in applications for vehicle registration or for a driver’s license.

Passenger, freight, and riding restrictions

Section 32(a) prohibits allowing more passengers or more freight/cargo than a vehicle’s registered carrying capacity.
For public utility trucks or buses, the conductor is exclusively liable for violations of passenger/freight capacity provisions.
Before being employed by a public service operator, the conductor must obtain a permit/license from the Commission and pay PHP 5 annually, renewable on or before the last working day of the month of birth, attaching a readily recognizable photograph and after presenting a medical certificate of fitness.
Passenger trucks may construct rear or side cargo-carrying devices with Commissioner approval, subject to total device weight (including cargo) not exceeding 100 kilos.
Section 32(b) prohibits passengers from riding on the cover or top of motor vehicles.
- Baggage or freight may be carried on top only if permits allow, provided the weight does not exceed 20 kilos per square meter and is distributed to not endanger passengers or the truck’s stability.
Section 32(c) prohibits drivers from permitting persons to ride on running boards/step boards/mudguards, except to make repairs/adjustments or to collect fares.
Section 33 requires capacity markings:
- Passenger automobiles for hire must have registered passenger capacity marked on both sides in letters/numerals not less than five centimeters in height.
- Motor trucks (private or for hire) must have registered passenger gross and net weight capacities marked on both sides in letters/numerals not less than five centimeters in height.

Vehicle accessories and safety devices

Section 34(a) prohibits operating any motor