Re-Imposition of Early Warning Device Requirement

The Philippines’ obligations under the United Nations Conference on Road Traffic, Road Signs and Signals held in Vienna from October 7 to November 8, 1968 are implemented through Presidential Decree No. 207 (June 6, 1973).
LOI 229 (December 2, 1974) directs implementation of the Vienna Convention requirements.
The then Land Transportation Commission (LTC) previously issued Administrative Order No. 1 (December 10, 1976) prescribing rules requiring motor vehicles to be equipped with EWD, subject to the Secretary’s approval.
The circular re-imposes the EWD requirement after the Secretary of DOTC suspended EWD imposition in July 1992.
The re-imposition directive is anchored on a memorandum dated April 14, 1994 to the LTO for mandatory EWD for vehicle registration, with implementing conditions reflected in this circular.

The circular requires public dissemination so the public is informed about the re-imposition of the EWD requirement in the vehicle registration process.
The circular requires public issuance on the authorized specifications of EWDs.
The circular enjoins strict compliance with the EWD rules and registration requirement.

A pair of early warning devices (EWD)—one red and one yellow—must be carried at all times in the motor vehicle by the owner, user or driver.
The EWD carrying obligation applies to all motor vehicles except motorcycle.
When a motor vehicle is stalled or disabled, or parked for thirty minutes or more on any street or highway (including expressway or limited access roads), the owner, user or driver must install the EWD pair as required.
The installing duty applies during those conditions regardless of the road type: local streets, highways, expressways, and limited access roads.

Each EWD must be one red and one yellow device, with the specified physical and performance characteristics.
Each EWD must have a reflective portion that is an equilateral triangle with collapsible reflectorized plates, where each side is at least 40 cms. long and 5 cms. wide.
Each EWD must meet the visibility requirement: the triangle must be visible even under adverse weather conditions at a distance of at least 400 meters at high beam, and must lean slightly backwards from 5 to 10 degrees perpendicular to the roadway for maximum visibility from its reflectorized sides.
Each EWD must meet the height requirement: the lower edge of the reflectorized triangle must be at least 7 cms. above the road surface to account for uneven road surfaces.
Each EWD must meet the weight requirement: each device must have weight concentrated at the base of at least 1.25 kilos, and must be designed to remain in place despite air current generated by fast-moving vehicles.
The EWD may be homemade or procured from any source, at the motor vehicle owner’s discretion, as long as the specifications are properly adhered to.
No accreditation of any supplier and/or brand is enforced for EWD compliance.

The required EWD pair must be presented to the registering LTO District Offices as a mandatory requirement for original registration.
The required EWD pair must be presented for renewal registration as well.
Starting 1 August 1995, no motor vehicle except motorcycle shall be registered without presentation of a pair of EWD that complies with the prescribed specifications.
The circular requires LTO District Offices to treat presentation of the EWD pair as a condition for registration.

Whenever the motor vehicle is stalled or disabled, or parked for thirty minutes or more, the warning devices must be installed at least four meters away from the motor vehicle.
The circular requires installation at least four meters away from the front and rear, respectively, for the yellow and red EWD as described in the EWD carrying and installation instructions.

Operating a motor vehicle without carrying in the vehicle the EWD pair results in a fine of P100.00.
Failure to install the EWD whenever the motor vehicle is stalled or disabled along the travelled portion of the street or highway results in a fine of P300.00 and suspension of the driver’s license for 30 days.
When failure to install the EWD results in an accident, the driver’s license is suspended for a period not exceeding two (2) years or revoked, depending on the circumstances of the case.
Penalties for violations are imposed pursuant to the Implementing Rules and Regulations of LOI 229, Department Order No. 93-693, and other related issuances.
LTO officials or employees who violate the circular’s provisions are dealt with administratively.

Strict compliance is enjoined, and the EWD requirement is enforced in both vehicle operation (carrying and installation) and vehicle registration (presentation).
The circular directs LTO compliance through administrative discipline for any LTO official or employee who violates its provisions.