Key definitions and core concepts
- “Motor vehicles” are vehicles using public highways and propelled by any power other than muscular power, except road rollers, trolley cars, streets sweepers and sprinklers, lawn mowers or vehicles which run only on rails or tracks, tractors, and traction engines of all kinds used exclusively for agricultural purposes.
- Trailers with any number of wheels, when propelled or intended to be propelled by attachment to a motor vehicle, are classified as separate motor vehicles with no power rating.
- “Passenger automobiles” include pneumatic-tired motor vehicles of types commonly known as touring car, speedster, roadster, cycle car (except motor wheel and similar small outfits classified with motorcycles), coupe, landaulet, closed car, limousine, cabriolet, sedan, etc.
- “Chauffeur” means every licensed operator of a motor vehicle.
- “Professional chauffeur” means every chauffeur hired or paid for driving or operating a motor vehicle, whether for private use or for hire to the public; an owner driving his own car for hire is also a professional chauffeur.
- “Operator” includes every person guiding or controlling a motor vehicle along a highway, whether or not licensed.
- “Owner” includes, when context requires it, (a) the actual legal owner; (b) members of the owner’s immediate family who are more than eighteen years of age; and (c) every other person in legal possession and lawfully entitled to give commands and directions—but excludes a person who rented or hired such motor vehicle with its professional chauffeur from a garage or street stand.
- “Dealer” includes persons, associations, partnerships, or corporations making, manufacturing, constructing, assembling, or setting up motor vehicles in the Islands, and also entities acting as agents for the sale of motor vehicles, dealing in motor vehicles, keeping them in stock, or selling/handling them for trading.
- “Garage” is any building where two or more motor vehicles (with or without chauffeurs) are kept ready for hire to the public, except street stands, public service stations, or other public places designated as parking spaces for motor vehicles for hire while awaiting or soliciting business.
- “Gross weight” is the measured weight in running condition plus the maximum allowable carrying capacity in merchandise, freight, or passengers, as determined by the Director of Public Works.
- For passenger carrying capacity, the weight of a passenger is assumed as fifty kilos exclusive of personal or other baggage.
- “Highways” includes public thoroughfares and similar public ways; it excludes roadway or driveway upon grounds owned by private persons, colleges, universities, or other institutions.
- “Parking or parked” means a motor vehicle has been brought to a stop on or at the edge of a highway or public place and remains inactive for an appreciable period; stops solely to discharge/take in a waiting passenger or to load/unload a small quantity of freight with reasonable dispatch are not “parked” if the vehicle moves away without delay.
- “Tourist” means one who travels for pleasure or culture or sojourns in the Philippine Islands for a short period of time.
- “Director of Public Works or his deputies” is defined as the actual or acting chief of the Bureau of Public Works and authorized representatives/deputies/agents/assistants designated by the Director with approval of the Secretary of Commerce and Communications, in writing.
Registration duty and required notifications
- Section 5 requires that no motor vehicle may be used or operated on any public highway in the Philippine Islands unless properly registered for the current year.
- Section 5(b) provides that any registration not renewed on or before the last working day of February of each calendar year becomes delinquent and invalid.
- Section 5(c) requires every dealer to furnish the Director of Public Works on the first day of each month a true report of each purchaser during the previous month, including purchaser identity and the vehicle’s manufacturer’s serial number and motor number, plus other information the Director may require.
- Section 5(d) requires that when any owner, garage proprietor, repair shop, dealer, or other person/entity makes repairs or changes involving exchanging, eliminating, effacing, or replacing the manufacturer’s serial number or motor number (or parts on which such numbers are stamped), the person must notify the Director of Public Works in writing within seven days after the change/repair, including the registration number, date, and the new manufacturer number or motor number.
- Section 5(e) requires mortgage notices: when a motor vehicle is hypothecated or mortgaged, the creditor or mortgage beneficiary must notify the Director of Public Works within seven days with the registration number, date of mortgage, parties’ names and addresses, and other information required; the notice must be jointly signed by both parties.
- Section 5(e) requires that on termination, cancellation, or foreclosure of the mortgage, a similar jointly signed notice must be forwarded to the Director by the owner.
Registration applications, classifications, and permits
- Section 6(a) requires every owner of a motor vehicle used or in actual operation on a public highway to file, within seven days after taking actual possession but before operation, an application for registration, and thereafter not later than the last working day of February of each year.
- For vehicles requiring construction of a body on a factory-made chassis, Section 6(a) requires filing within seven days after completion of the body.
- Section 6(a) requires each application to contain information respecting the vehicle and owner as the Director of Public Works may require.
- Section 6(a) requires owners to notify the Director of Public Works of any change of ownership or residence within forty-eight hours.
- Section 6(b) provides that for applications sent by mail, the date of cancellation of the postage stamp of the envelope containing money orders, checks, or cash is treated as the application date, except for improperly prepared applications.
- Section 7 allows registration applications under the enumerated classifications:
- Private passenger automobiles; Private trucks; Private motorcycles or motor wheel attachments: these must not be used “for hire” under any circumstances and must not solicit or accept passenger or freight for pay.
- Public utility automobiles; Public utility trucks; Taxis: applications must be accompanied by a certificate of public convenience or a special permit issued by the Public Service Commission, and vehicles are subject to public service laws, rules, regulations, and the Act.
- Garage automobiles; Garage trucks: at least five such vehicles must be registered and maintained under one ownership; vehicles must be kept in a privately owned garage except when called or actually hired by a bona fide customer; they must not solicit or accept passenger or freight for pay while on public highways; applications require a certificate of public convenience or special permit.
- Hire trucks: allowed to carry freight only; necessary laborers may ride; they may solicit and accept freight except within a radius of one hundred meters from any “competing public station” designated by the Public Service Commission; a bona fide customer may engage a hire truck to haul and deliver definitely described shipments addressed to the customer when such shipments have been discharged at those stations by a public service vehicle awaiting the customer’s orders; applications require a certificate of public convenience or special permit.
- Undertakers: a separate designation of hire truck for motor hearses only.
- Dealers: intended to cover generally and successively all motor vehicles imported or handled by dealers for sale; such vehicles must not carry passengers or freight in the dealer’s business or for hire; allowed operation only to transport the vehicle itself from pier to warehouse or sales room or for delivery to an intending purchaser or for test/demonstration.
- Government automobiles; Government trucks; Government motorcycles: motor vehicles owned or controlled by the Government of the United States of America, the Government of the Philippine Islands, or any political subdivision are registered under these classifications; motor vehicles owned by government employees or foreign governments are not considered Government motor vehicles.
- Tourists: tourists may use their own motor vehicles during but not after the first ninety (90) days of sojourn if the vehicle displays number plates of another country or state and those plates with the owner’s permanent and temporary name/address are registered in the Bureau of Public Works prior to operation; if tourists remain beyond ninety (90) days, they must register their vehicles and pay corresponding registration fees.
- Special: the Director of Public Works may, in his discretion, allow registration under this classification for cases not conforming to regular classifications.
Registration fees, special permits, and status fees
Section 8 sets annual registration fee tariffs, payable with each application unless specifically provided otherwise.
Section 8(b) requires PHP 25 for private automobiles with pneumatic rubber tires for less than six passengers, and PHP 40 for private automobiles with pneumatic tires for six to eight passengers.
Section 8(c) requires PHP 2 per one hundred kilograms of maximum allowable gross weight (or fraction thereof) for motor trucks or passenger busses of any classification with pneumatic rubber tires.
Section 8(d) requires PHP 2.50 per one hundred kilograms (or fraction thereof) for motor trucks or passenger busses of any classification with solid rubber tires or with part solid and part pneumatic rubber tires.
Section 8(e) requires PHP 10 per one hundred kilograms (or fraction thereof) for private motor vehicles with metallic tires in whole or in part.
Section 8(f) requires PHP 8 for motorcycles of two or three wheels and bicycles with motor attachments.
Section 8(g) requires PHP 1 per one hundred kilograms (or fraction thereof) for trailers with pneumatic rubber tires.
Section 8(h) requires PHP 1.50 per one hundred kilograms (or fraction thereof) for trailers with solid rubber tires or part solid and part pneumatic rubber tires.
Section 8(i) requires PHP 5 per one hundred kilograms (or fraction thereof) for trailers with metallic tires.
Section 8(j) requires that registration of passenger automobiles, trucks, and motorcycles under the public utility, garage, or hire classifications is two times the fees stated for private motor vehicles.
Section 8(k) provides that for the dealers classification, no general registration fees are charged, but dealers pay special fees for dealers’ number plates.
Section 8(l) provides that registration under the Government motor vehicle classifications is free of charge on request of the chief of bureau or office concerned.
Section 8(m) exempts tourists from registration fees under the Act during but not after the first ninety (90) days of sojourn; after ninety (90) days, tourists pay regular fees, and the Director may require payment in advance for the fractional part of a year for which the tourist expects to remain.
Section 8(n) exempts motor vehicles not intended to be operated on public highways and motor vehicles operated on highways not constructed nor maintained by the Government, and vehicles placed out of service for any other reason; no refund, credit, or reimbursement is made for registrations or parts thereof when a vehicle is taken out of service after payment.
Section 8(o) directs the Director of Public Works to obtain the maximum allowable gross weight for fee computation by regulation, and to prepare suitable tables of maximum allowable loads per wheel for different tire sizes/types, with regulations issued subject to the Secretary of Commerce and Communications’ approval.
Section 9 requires special permits (and additional fees) before operation in specified special cases; no such motor vehicle may be operated on public highways without the special permit:
- When gross weight in kilos divided by the number of wheels exceeds two thousand kilos average load per wheel.
- When wheel loads exceed those allowed by regulations issued under Section 4(a).
- When any part of the loads extends beyond the projected width of the vehicle.
- For registration or use of a motor vehicle exceeding the maximum projected width prescribed under Section 4(a).
- When hauling more than two trailers behind a motor vehicle.
- For registration under the “special classification” in Section 7(p).
- For any other special authority relating to use not otherwise specifically provided.
Section 10 imposes an additional fee of PHP 1 for each change of registration status (private to hire or vice versa), revision of gross weight rating, change of tire size, transfer of ownership, duplicate to replace lost registration certificate, number plate, tag, chauffeur’s license, or permit, badge, preparation of affidavit or certified copy of records, or similar circumstances requiring issue, revision, or reissue of documents.
Section 10 provides that issuance of a duplicate certificate, number plate, tag, license badge, or permit renders the original invalid.
Section 11 provides partial-year registration fee rules for first registration in a calendar year:
- First quarter: pay the total annual fee.
- Second quarter: pay three-fourths of the annual fee.
- Third quarter: pay one-half of the annual fee.
- Fourth quarter: pay one-fourth of the annual fee.
Section 11 prohibits using this scheme to obtain quarterly renewals to avoid advance payment for the entire year.
Certificates, plates, and capacity marking
- Section 12 requires that upon receipt of the application with corresponding fee, the Director of Public Works or deputies shall register or file it and issue a numbered certificate of registration for each separate motor vehicle.
- Section 13(a) requires the certificate of registration to be preserved and carried in the car as evidence of registration and attached/presented with subsequent applications for re-registration or transfer of ownership; failure results in refusal by the Director to re-register or transfer.
- Section 13(b) provides that a valid and effective registration certificate authorizes use and operation on all public highways in any province, city, or municipality of the Philippine Islands unless suspended or revoked.
- Section 13(c) prohibits operating a motor vehicle in a manner that places it under a classification requiring a larger registration fee than the fee stated in the certificate.
- Section 14 empowers the Director, after inspection, to refuse to register or, if already registered, to suspend registration on twenty-four hours notice requiring surrender of number plates for a period not exceeding thirty days.
- Section 14 further authorizes suspension for cases where the record over any twelve months shows more than three warnings for violations of the Act or Public Service Acts, or more than one conviction by courts, with surrender of number plates for a period not exceeding sixty days.
- Section 14 provides that after two suspensions, the owner may be refused re-registration for the concerned vehicle for one year.
- Section 15 authorizes the Director to issue, on request, without charge to each dealer, a “dealer’s certificate of registration” treating all motor vehicles in the dealer’s stock for sale as registered.
- Section 16 requires number plates to be of color, size, and design selected and determined by the Director of Public Works and to bear small numerals/legends indicating registration or re-registration for the current year.
- Section 17(a) requires the Director to prepare and issue number plates upon payment of PHP 1 for each complete plate, including numerals indicating the year of registry.
- Section 17(a) permits the Director to issue, without charge, a written permit authorizing operation when number plates are unavailable.
- Section 17(b) permits, by discretion, issuance of detachable year numerals/tags only for subsequent re-registration, charging PHP 0.50 per tag.
- Section 18 requires display while on public highways:
- Motor vehicles of more than three wheels must display one plate in the front and one in the rear.
- Motor vehicles of less than four wheels must display one plate in the rear.
- Plates must be clean, firmly affixed to be entirely visible and always legible, and not hidden/obscured.
- Section 19 allows dealers to operate from stock for demonstration/test purposes using special dealer’s number plates, charging PHP 10 annually per plate plus PHP 0.50 per year tag if issued.
- Section 20 prohibits dealers from displaying dealer’s plates on any motor vehicle after delivery to a purchaser and prohibits leaving dealer plates on motor vehicles after delivery.
Driver licensing and chauffeur eligibility
- Section 21 requires that, except as otherwise specifically provided, no person may operate a motor vehicle on public highways without a license for the current year, and no operation is allowed while the license is delinquent, invalid, suspended, or revoked.
- Section 21 requires the chauffeur to carry the license (or duplicate) at all times when operating and to present it to any peace officer or surrender it to a deputy of the Director of Public Works upon request.
- Section 22 authorizes enlisted men operating Government motor vehicles to be licensed under the Act except that no license or delinquent fees are collected, and their licenses must be plainly marked or stamped with “For Government Vehicles Only” in red ink across the face; such marked licenses do not authorize operation of privately owned motor vehicles.
- Section 23(a) allows bona fide tourists and similar transients to operate vehicles without a license during but not after the first ninety (90) days of sojourn, subject to conditions.
- Section 23(a) requires that if accidents or incidents, upon investigation, indicate the tourist/transient is improper or incompetent to operate, the Director must immediately inform the tourist/transient in writing.
- Section 23(a) requires that after the first ninety (90)-day period, tourists/transients must pay required fees and obtain and carry a license under Section 24.
- Section 23(b) exempts tourists from presenting a personal cedula to register or obtain a license, requiring instead a written statement that they are tourists and the probable time they expect to remain in the Islands.
- Section 24 requires annual applications for a driver’s license to be made on or before the last working day of February, to the Director or deputies, and requires a fee of PHP 2 with each application except for enlisted men operating Government-owned vehicles.
- Section 24 requires the Director to ascertain normal sight and hearing and allows in the Director’s discretion requiring a certificate signed by a reputable physician.
- Section 24 allows the Director in his discretion to require an examination or demonstration to show ability to operate.
- Section 25 requires professional chauffeur applicants, after qualifications are found satisfactory and before issuance, to furnish three copies of a recent readily recognizable photograph: one attached to the license and two filed and kept as provided.
- Section 26 requires the Director to issue a chauffeur’s license when the applicant is believed to possess necessary qualifications and knowledge, describing the kind/style/type/power in the application, with validity until the last working day of February of the following year or until suspended or revoked.
- Section 26 requires that if the Director does not believe the applicant is qualified, no license is issued and the applicant’s fee is returned.
- Section 26 provides that a valid, unsuspended, unrevoked chauffeur license authorizes operation of the motor vehicles described in the license in any province, city, or municipality of the Philippine Islands.
- Section 26 requires that every licensed professional chauffeur, before operating public service motor vehicles registered under classifications (d) to (i) inclusive of Section 7, must apply for and receive a chauffeur’s badge upon payment of PHP 0.50, and must display it in plain sight on the band of the cap or on the lapel at all times while operating.
- Section 26 requires the badge be metal with a plainly readable distinguishing number stamped on it.
- Section 26 requires surrender of the badge whenever the chauffeur’s license expires, is suspended, or is revoked.
- Section 27 prohibits issuing any license (to owners or professional chauffeurs) to persons under eighteen years of age and prohibits persons under eighteen from operating any motor vehicle on any highway.
- Section 28 prohibits owners, dealers, garage proprietors, chiefs of bureau, head of office, and any other person/entity from engaging/employing/hiring anyone to operate a motor vehicle unless the person is a professional chauffeur licensed for the current year.
- Section 29 requires professional chauffeurs to notify the Director in writing within fifteen days when changing address, leaving service, or starting service with a new employer; notice must include name, old and new address, chauffeur’s license number, badge number if any, new employer identity, and registration numbers of vehicles to be operated, plus other required information.
- Section 30 requires every license or duplicate to bear the licensee’s signature; without the signature, the license is invalid.
- Section 31 requires renewal no later than the last working day of February each year; non-renewed licenses become delinquent and invalid.
- Section 31 sets the renewal fee for a delinquent license at PHP 5.
- Section 31 requires renewal applicants to present the prior year’s license in person or by mail/messenger, with the proper fee; professional chauffeurs must also submit three copies of a photograph taken not exceeding six years prior to the renewal application date.
- Section 31 provides that if the prior year license is lost or cannot be produced, the applicant must obtain a duplicate under Section 10 as a condition for renewal, subject to refusal penalty.
- Section 31 permits, in the Director’s discretion, acceptance of a duly signed and sworn statement that the operator did not operate motor vehicles in the Philippines during years for which no license was issued; the Director and deputies may administer the oath connected to the affidavit.
- Section 32 authorizes the Director to suspend a chauffeur’s license for up to three months, or after hearing revoke it, and order delivery of the license when there is reason to believe the holder is improper or is operating or using a motor vehicle as accessory to unlawful acts or endangering the public; deputies may suspend up to three months subject to Director confirmation.
- Section 32(b) authorizes discretionary suspension or revocation for up to two years when a licensed operator/chauffeur has been three times in twelve months convicted of violations of the Act and Public Service Acts, or regulations lawfully issued by the Director, or municipal/city ordinances relating to motor vehicle traffic not in conflict.
- Section 32(c) provides that a suspended or revoked license may not be reissued unless the operator/chauffeur has furnished a bond under Section 33 and the Director is satisfied the person may safely operate again.
- Section 32(d) provides that appeals from revocation/refusal to renew may be taken to the Secretary of Commerce and Communications.
Bonds and temporary or student permits
- Section 33 allows the Director, before returning a suspended/revoked operator/chauffeur license, to require the filing of a bond in the sum of PHP 1,000 conditioned on satisfaction and payment of claims arising from damage caused by operation of the motor vehicle.
- Section 33 requires the sureties to be liable for at least one year and not more than three years.
- Section 33 provides that upon written application for release from such bond, the Director may authorize release of bondsmen after canceling or suspending the chauffeur’s license.
- Section 33 prohibits releasing bondsmen when the chauffeur is under arrest or when summons or warrant of arrest has been issued or is about to be issued due to a motor vehicle accident or suspected violation involving the chauffeur.
- Section 33 requires an increased bond when the Director decides not to revoke permanently the license of a chauffeur convicted in court for homicide through reckless imprudence, or after the third conviction for violation of the speed limit, or after the third conviction for reckless driving; in those cases, the Director must require a bond in the sum of not less than PHP 2,000 responding to claims/executions arising from damage caused by operation.
- Section 34 authorizes issuance of temporary operator’s permits without charge, at the Director’s discretion, for up to thirty (30) days to persons who surrendered operator’s licenses for renewal purposes or for minor offenses when circumstances prevent immediate issuance of a renewal license.
- Section 34 provides temporary permits become invalid upon expiration of the specified period unless renewed in writing for an additional period.
- Section 35 authorizes student permits on payment of PHP 1, valid for six months, for persons not under eighteen years of age who desire to learn to operate motor vehicles.
- Section 35 allows the Director, in discretion, to require six months operation as a student before accepting an application for a chauffeur’s license.
- Section 35 allows the Director, in discretion, to allow applicants who claim to have learned to operate in other countries or states to apply for a regular license without the previous student permit requirement.
- Section 35 provides that a student applicant who fails to prove competent in examination must continue as a student for at least six additional months.
- Section 35 provides that a student permit does not authorize operation on any public highway unless accompanied by a person carrying a regular license for the current year to operate that motor vehicle.
- Section 35 makes the licensed chauffeur acting as instructor responsible and liable for any violation of the Act and for any injury or damage done by a motor vehicle operated by the student under the instructor’s direction.
Prohibited conduct involving licenses and documents
- Section 36 prohibits transferring number plates or disposing of or lending/giving/selling any chauffeur’s license, badge, certificate of registration, number plate, tag, or permit; it also prohibits persons not lawfully entitled from receiving or using these documents from another person.
- Section 37 prohibits taking or carrying any chauffeur’s license, badge, certificate of registration, number plate, tag, or permit without the knowledge or against the will of the person lawfully entitled, except by police or Constabulary officers or deputies of the Director.
- Section 38 prohibits making or using or attempting to make or use imitation or similar chauffeur’s licenses, badges, certificates, plates, tags, or permits, or disposing of them as valid legal documents, and prohibits falsely representing as valid and in force any chauffeur’s license/badge/certificate/plate/tag/permit that is delinquent or suspended or revoked.