ARTICLE I.—License to Drive Motor Vehicles
Duty to procure license.
SEC. 19. Duty to procure license.—Except as otherwise specifically provided in this Act, no person shall operate any motor vehicle without first procuring a license drive a motor vehicle for the current year, nor while such license is delinquent, invalid, suspended or revoked.
The license shall be carried by the driver at all times when operating a motor vehicle, and shall be shown and/or surrendered for cause and upon demand to any person with authority under this Act to confiscate the same.
License for enlisted men operating Government motor vehicles.
SEC. 20. License for enlisted men operating Government motor vehicles.—Enlisted men operating a motor vehicle owned by the Government of the Philippines shall be licensed in accordance with the provisions of this Act, but no license or delinquency fees shall be collected therefrom. All licenses so issued shall bear the words "For Government Vehicles Only" plainly marked or stamped in red ink across the face thereof.
A license so marked or stamped shall not authorize the holder thereof to operate a private-owned motor vehicle.
Operation of motor vehicles by tourists.
SEC. 21. Operation of motor vehicles by tourists.—Bona fide tourist and similar transients who are duly licensed to operate motor vehicles in their respective countries may be allowed to operate motor vehicles during but not after ninety days of their sojurn in the Philippines.
If any accident involving such tourist or transient occurs, which upon investigation by the Commissioner or his deputies indicates that the said tourist or transient is incompetent to operate motor vehicles, the Commissioner shall immediately inform the said tourist or transient in writing that he shall no longer be permitted to operate a motor vehicle.
After ninety days, any tourist or transient desiring to operate motor vehicles shall pay fees and obtain and carry a license as hereinafter provided.
Driver's license, fees, examination.
SEC. 22. Driver's license, fees, examination.—Every person who desires personally to operate any motor vehicle shall file an application to the Commissioner or his deputies for a license to drive motors vehicles: Provided, however, That no person shall be issued a professional driver's license who is suffering from highly contagious diseases, such as, advanced tuberculosis, gonorrhea, syphilis, and the like.
Each such application except in the case of enlisted men operating government owned vehicles, shall be accompanied by a fee of five pesos, and shall contain such information respecting the applicant and his ability to operate motor vehicles, as may be required by the Commission.
The Commissioner or his deputies shall also ascertain that the applicant's sight and hearing are normal, and may in their discretion, require a certificate to that effect, signed by a reputable physician.
An examination or demonstration to show any applicant's ability to operate motor vehicles may also be required in the discretion of the Commissioner or his deputies.
Issuance of driver's license.
SEC. 23. Issuance of driver's license.—If, after such examination, the Commissioner or his deputy believes that the applicant possesses the necessary qualifications and is proficient in the operation of motor vehicles, a license shall be issued to such applicant upon payment of five pesos, but prior to the issuance of said license, the applicant shall furnish three copies of his recent photograph to be securely attached to the license, and two copies to be filed and kept as provided by this Act. All driver's licenses shall bear the signature and right-hand thumb print of the licensee.
Use of driver's license and badge.
SEC. 24. Use of driver's license and badge.—Every license issued under the provisions of this Act to any driver shall entitle the holder thereof, while the same is valid and effective and not suspended or revoked, to operate the motor vehicles described in such license: Provided, however, That every licensed professional driver, before operating: a public service motor vehicle registered under classifications (d) to (j) inclusive of Section seven hereof, shall secure from the Commissioner, upon payment of the sum of one peso, a driver's badge which he shall, at all times while so operating a motor vehicle, display in plain sight on the band of his cap or on his coat or shirt. Such driver's badge shall be of metal with a plainly readable number assigned to the licensee stamped thereon.
It shall be unlawful for any duly licensed driver to transfer, lend or otherwise allow any person to use license for the purpose of enabling such person to operate a motor vehicle.
No owner of a motor vehicle shall engage, employ, or hire any person to operate such motor vehicle, unless the person sought to be employed is a duly licensed professional driver.
Driver's records.
SEC. 25. Driver's records.—Any driver who changes his address shall, within fifteen days, notify the Commissioner in writing of his new address, name and address of his new employer, the number of the motor vehicle he is employed to operate, and such other information as the Commissioner may require.
Renewal of license.
SEC. 26. Renewal of license.—Any license not renewed on or before the last working day of the month when the applicant was born shall become delinquent and invalid, except when the license is surrendered to the Com-missioner or his deputies before the last working day of the month of his birth in order to avoid payment of the delinquency fees.
The fee for renewal of delinquent license shall be five pesos in addition to the basic fee as hereinabove prescribed.
Every applicant for renewal of license to operate any motor vehicle shall present to the Commissioner, in person or by mail or messenger, the license issued to the applicant for the previous year, together with the proper fee of five pesos and, in the case of professional chauffeurs, three copies of a readily-recognized photograph of the applicant, which photograph shall have been taken not exceeding three years prior to the date of application for renewal.
Lost license.—In case the license for the previous year has been lost or cannot be produced, the applicant shall obtain a duplicate in accord with Section eleven of this Act, on penalty of refusal, by the Commissioner or his deputies, to renew the license: Provided, however, That the Commissioner or his deputies may, in their discretion accept in lieu of the previous years license, the duly-signed and sworn statement of an operator to the effect that he has not operated any motor vehicle in the Philippines during the year or years to which no license was issued in his name.
The Commissioner and his deputies are hereby author-zed to administer the oath in connection with such affidavit.
Suspension, revocation of driver's license.
SEC. 27. Suspension, revocation of driver's license.—
The Commissioner may suspend for a period not exceeding three months or, after hearing, revoke any driver's license issued under the provisions of this Act, and may order any such license to be delivered to him whenever he has reason to believe that the holder thereof is an improper person to operate motor vehicles, or in operating or using a motor vehicle in, or as an accessory to, the commission of any crime or act which endangers the public. Any deputy of the Commissioner may, for the same cause, suspend for a period not exceeding three months any driver's license issued under the provisions of this Act: Provided, That such suspension may be appealed to the Commissioner who may, after reviewing the case, confirm, reverse or modify the action taken by such deputy.
Whenever during any twelve-month period a driver shall have been convicted at least three times for the violations of any provisions of this Act or of any regulation issued by the Commissioner or any municipal or city ordinance relating to motor vehicle traffic not in, conflict with any of the provisions of this Act, the Com-missioner may, in his discretion, revoke or suspend the license of such driver for a period not exceeding two years.
The license suspended or revoked under the provisions of subsections (a) and (b) of this section shall not be reinstated unless the driver has furnished a bond in accordance with Section twenty-nine of this Act and only after the Commissioner has satisfied himself that such driver may again safely be permitted to operate a motor vehicle.
A decision of the Commissioner revoking or refusing the reinstatement of a license under the provisions of this Section may be appealed to the Secretary of Public Works and Communications.
Driver's bond.
SEC. 28. Driver's bond.—The Commissioner before reinstating any driver's license which has been suspended or revoked under the provisions of the preceding section or of any provisions of this Act, may require such driver to post a bond in the sum of one thousand pesos conditioned upon the satisfaction and payment of any claim which may be filed or of any execution which may be issued against such driver in any case wherein said driver may be held answerable while operating motor vehicles. The bond required in this section shall be in such form as to render sureties liable at least for a period of not less than one year nor more than three years: Provided, however, That upon written application to the Commissioner for release from such a bond, the Commissioner may after revoking or suspending the driver's license, authorize the release of the bondsmen from further responsibility thereunder: Provided, further, That should the Commissioner decide not to revoke the license of a driver who has been convicted of homicide through reckless imprudence, or of the violation of the speed limit or of reckless driving at least three times within a twelve-month period, the said driver shall post a bond in the sum of not less than two thousand pesos, conditioned upon the payment of any claim which may be filed or any execution which may be issued against him in any case wherein said driver may be held answerable while operating motor vehicles.
Confiscation of driver's licenses.
SEC. 29. Confiscation of driver's licenses.—Law enforce-met and peace officers duly designated by the Commissioner shall, in apprehending any driver for violations of this Act or of any regulations issued pursuant thereto, or of local traffic rules and regulations, confiscate the license of the driver concerned and issue a receipt prescribed and issued by the Commission therefor which shall authorize the driver to operate a motor vehicle for a period not exceeding seventy-two hours from the time and date of issue of said receipt. The period so fixed in the receipt shall not be extended, and shall become invalid thereafter. Failure of the driver to settle his case within fifteen days from the date of apprehension will cause suspension and revocation of his license.
Student-driver's permit.
SEC. 30. Student-driver's permit.—Upon proper application and the payment of three pesos, the Commissioner or his deputy may issue student-driver's permits, valid for six months to persons not under eighteen years of age who desire to learn to operate motor vehicles. No application for driver's license shall be received unless the applicant has undergone instruction in the operation of motor vehicles for at least a month and has a valid student-driver's permit: Provided, however, That any person who has a license to operate motor vehicles in other countries may, upon presentation of appropriate evidence of such license, be allowed to pay for a driver's license without presenting a student driver's permit.
A student driver who fails in the examination shall continue as a student driver for at least one additional month. No student driver shall operate a motor vehicle unless accompanied by a duly licensed driver.
The licensed driver acting as instructor to the student driver shall likewise be responsible and liable for any violation of the provisions of this Act and for any injury or damage done by the motor vehicle on account or as a result of its operation by a student driver under his direction.
ARTICLE II.—Illegal Use of Licenses, Number Plates, Etc.
Imitation and false representations.
SEC. 31. Imitation and false representations.—No person shall make or use or attempt to make or use a driver's license, badge, certificate of registration, number plate, tag, or permit in imitation or similitude of those issued under this Act, or intended to be used as or for a legal license, badge, certificate, plate, tag or permit, or with intent to sell or otherwise dispose of the same to another. No person shall falsely or fraudulently represent as valid and in force any driver's license, badge, certificate, plate, tag or permit issued under this Act which is delinquent or which has been revoked or suspended.
No person shall, knowingly and with intent to deceive, make one or more false or fraudulent statements in an application for the registration of vehicles, or for a driver's license.
ARTICLE III.—Passengers and Freight
Exceeding registered capacity.
SEC. 32. Exceeding registered capacity.—No person operating any vehicle shall allow more passengers or more freight or cargo in his vehicle than its registered carrying capacity. In the case of public utility trucks or buses, the conductor shall be exclusively liable for violations of this section or of Section thirty-two, letter (c) hereof: Provided, That the conductor, before being employed by any public service operator, shall get a permit or license from the Commission and pay five-pesos annually for said license or permit issued in his favor, and the same is renewable on or before the last working day of the month of his birth, attaching a readily recognizable photograph and after presentation of a medical certificate of fitness of applicant.
Passenger trucks may be allowed to construct any cargo carrying device at the rear or at the side of the truck, subject to the approval of the Commissioner: Provided, however, That the total weight of the device, in-cluing the cargo, shall not exceed one hundred kilos.
(b) Carrying of passengers and freight on top of vehicles.—No person operating a motor vehicle shall allow any passenger to ride on the cover or top of such vehicles: Provided, however, That subject to such conditions as may be contained in permits that may be issued by the Commissioner, baggage or freight may be carried on the top of a truck provided the weight thereof does not exceed twenty kilos per square meter and is distributed in such a manner as not to endanger the passengers or stability of the truck.
(c) Riding on running boards.—No driver shall permit any person to ride on the running board, step board, or mudguard of his motor vehicle for any purpose except to make repair or adjustment in the motor or to collect fares.
Passenger or freight capacity marked on vehicle.
SEC. 33. Passenger or freight capacity marked on vehicle.—All passenger automobiles for hire shall have the registered passenger capacity plainly and conspicuously marked on both sides thereof, in letters and numerals not less than five centimeters in height.
All motor trucks, whether for passenger or freight private, or for hire, shall have the registered passenger gross and net weight capacities plainly and conspicuously marked on both sides thereof, in letters and numerals not less than five centimeters in height.
ARTICLE IV.—Accessories of Motor Vehicles
(a) Tires of motor vehicles.
SEC. 34 (a) Tires of motor vehicles.—No motor vehicle with metallic tires shall be operated upon any public highway, and solid tires whenever used shall be of sufficient thickness to prevent the metal rims thereof from coming in direct contact with the road.
(b) Brakes—Every motor vehicle with four or more wheels shall be provided with dual hydraulic brake system so that in case of hydraulic line failure affecting the braking efficiency of any of the four wheels at least either the front or rear wheels shall retain normal braking capabilities. In the absence of such dual braking system every motor vehicle with four or more wheels shall be provided with safety valve devices of such design and make so that failure of the hydraulic braking system of the vehicle because of leakage in the line or other parts of the system will not affect all wheels but rather render at all times effective the braking- power of either the two front wheels or the two rear wheels when brakes are applied. This requirement, however, does not apply to motor vehicles equipped with pneumatic braking system.
(b-1) Horns—Every motor vehicle shall be provided with a horn or signalling devise in good working order: Provided, however, That no horn or signalling device emit-ting an exceptionally loud, startling, or disagreeable sound shall be installed or used on any motor vehicle.
All authorized emergency vehicles, such as ambulance and police cars and fire wagons used for emergency calls shall be equipped with a bell, siren, or exhaust whistle of a type approved by the Commissioner, and no such device shall be installed or used in any other vehicle.
No vehicle not classified as a motor vehicle under this Act shall be equipped with a horn or signalling device similar to the horn customarily used on motor vehicles.
(c) Headlights.—Every motor vehicle of more than one meter of projected width, while in use on any public highway shall bear two headlights, one on each side, with white or yellowish light visible from the front, which, not later than one-half hour after sunset and until at least one-half hour before sunrise and whenever weather conditions so require, shall both be lighted.
Additional lamps and light may be carried, but no red lights shall be visible forward or ahead of the vehicle. Trucks, buses, trailers, and other similar vehicles must carry, while in use on any public highway dining nighttime, colored riding lights on each of the four corners not more than ten centimeters from the top.
All motor vehicles shall be equipped with devices for varying the intensity of light, and the driver must dim the headlights or tilt the beams downward whenever the vehicle is being operated on well-lighted streets within the limits of cities, municipalities, and thickly populated barrios or districts, or whenever such vehicle meets another vehicle on any public highway.
(d) Taillights.—Every motor vehicle and trailer shall, during the above-mentioned hours, also bear on each side in the rear a lamp showing a red light visible at least one hundred meters from the rear of the vehicle and a lamp throwing a white light upon the number plate issued for such vehicle.
(e) Stop lights.—Every motor vehicle shall be equipped at the rear with at least one lamp which shall throw a sustained bright red light visible under all conditions, even under bright sunlight, when the brakes are applied.
Each bus, truck, trailer, or similar vehicle shall be equipped as its stop light at or near its rear center, with a lamp at least twelve centimeters in diameter with the word "stop" inscribed in the center.
(f) Motorcycle and other vehicle lights.—Every motor vehicle of less than one meter of projected width shall be subject to the preceding provisions of this section except that one headlight and one taillight shall be required. No signal light shall be necessary.
Additional lamps may be carried provided they comply with the preceding provisions of this section.
Every other vehicle, or whatever style, kind, make, character, or nature, when upon a highway during the hours above-mentioned, whether in motion or not, shall have one or more lights so arranged that the same shall be visible at least fifty meters from the front and the rear of such vehicle.
(g) Lights when parked or disabled.—Appropriate parking lights or flares visible one hundred meters away shall be displayed at a corner of the vehicle whenever such vehicle is parked on highways or in places that are not well-lighted or is placed in such manner as to endanger passing traffic.
(h) Windshield wiper.—Every motor vehicle shall be equipped with a mechanically or electrically operated de-vice for wiping off raindrops or other moisture from its front windshield.
(i) Use of red flag.—Whenever the load of any vehicle extends more than one meter beyond the bed or body thereof, there shall be displayed at every projecting end of such load a red flag not less than thirty centimeters both in length and width, except that during the hours fixed under subsection (c), there shall be displayed, in lieu of the required red flags, red lights visible at least fifty meters away.
(j) Mufflers.—Every motor vehicle propelled by an internal combustion engine shall be equipped with a muffler, and whenever said motor vehicle passes through a street of any city, municipality, or thickly populated district or barrio, the muffler shall not be cut out or disconnected. No motor vehicle shall be operated in such a manner as to cause it to emit or make any unnecessary or disagreeable odor, smoke or noise.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
