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RA 4136 (Land Transportation and Traffic Code) CHAPTER IV—TRAFFIC RULES

Section 35–55 · 21 provisions

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.Read the official text ↗

ARTICLE I.—Speed Limit and Keeping to the Right

Restriction as to speed.

Section 35

SEC. 35. Restriction as to speed.— Any person driving a motor vehicle on a highway shall drive the same at a careful and prudent speed, not greater nor less than is reasonable and proper, having due regard for the traffic, the width of the highway, and of any other condition then and there existing; and no person shall drive any motor vehicle upon a highway at such a speed as to endanger the life, limb and property of any person, nor at a speed greater than will permit him to bring the vehicle to a stop within the assured clear distance ahead. Subject to the provisions of the preceding paragraph, the rate of speed of any motor vehicle shall not exceed the following: MAXIMUM ALLOWABLE SPEEDS 1. On open country roads, with no "blind corners" not closely bordered by habitations. 80 km. per hour 50 km. per hour 2. On "through streets" or boulevards, clear of traffic, with no "blind corners," when so designated. 40 km. per hour 30 km. per hour 3. On city and municipal streets, with light traffic, when not designated "through streets." 30 km. per hour 30 km. per hour 4. Through crowded streets, approaching intersections at "blind corners," passing school zones, passing other vehicles which are stationary, or for similar dangerous circumstances. 20 km. per hour 20 km. per hour The rates of speed hereinabove prescribed shall not apply to the following: A physician or his driver when the former responds to emergency calls; The driver of a hospital ambulance on the way to and from the place of accident or other emergency; Any driver bringing a wounded or sick person for emergency treatment to a hospital, clinic, or any other similar place; The driver of a motor vehicle belonging to the Armed Forces while in use for official purposes in times of riot, insurrection or invasion; The driver of a vehicle, when he or his passengers are in pursuit of a criminal; A law-enforcement officer who is trying to overtake a violator of traffic laws; and The driver officially operating a motor vehicle of any fire department, provided that exemption shall not be construed to allow useless or unnecessary fast driving of drivers afore-mentioned.

Speed limits uniform throughout the Philippines.

Section 36

SEC. 36. Speed limits uniform throughout the Philippines.—No provincial, city or municipal authority shall enact or enforce any ordinance or resolution specifying maximum allowable speeds other than those provided in this Act.

Driving on right side of highway.

Section 37

SEC. 37. Driving on right side of highway.—Unless a different course of action is required in the interest of the safety and the security of life, person or property, or because of unreasonable difficulty of operation in compliance herewith, every person operating a motor vehicle or an animal-drawn vehicle on a highway shall pass to the right when meeting persons or vehicles coming toward him, and to the left when overtaking persons or vehicles going the same direction, and when turning to the left in going from one highway to another, every vehicle shall be conducted to the right of the center of the intersection of the highway.

Classification of highways.

Section 38

SEC. 38. Classification of highways.—Public highways shall be properly classified for traffic purposes by the provincial board, municipal board or city council having jurisdiction over them, and said provincial board, municipal board or city council shall provide appropriate signs therefor, subject to the approval of the Commissioner. It shall be the duty of every provincial, city and municipal secretary to certify to the Commissioner the names, locations, and limits of all "through streets" designated as such by the provincial board, municipal board or council.

ARTICLE II.—Overtaking and Passing a Vehicle, and Turning at Intersections

Overtaking a vehicle.

Section 39

SEC. 39. Overtaking a vehicle.—The driver of any motor vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof, and shall not again drive to the right side of the highway until safely clear of such overtaken vehicle except that on a highway, within a business or residential district, having two or more lanes for the movement of traffic in one direction, the driver of a vehicle may overtake and pass another vehicle on the right. Nothing in this section shall be construed to prohibit a driver overtaking and passing, upon the right, another vehicle which is making or about to make a left turn.

Driver to give way to overtaking vehicle.

Section 40

SEC. 40. Driver to give way to overtaking vehicle.—The driver of a vehicle about to be overtaken and passed by another vehicle approaching from the rear shall give way to the overtaking vehicle on suitable and audible signal being given by the driver of the overtaking vehicle, and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

Restrictions on overtaking and passing.

Section 41

SEC. 41. Restrictions on overtaking and passing.— The driver of a vehicle shall not drive to the left side of the center line of a highway in overtaking or passing another vehicle proceeding in the same direction, unless such left side is clearly visible, and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking or passing to be made in safety. The driver of a vehicle shall not overtake or pass another vehicle proceeding in the same direction, when approaching the crest of a grade, nor upon a curve in the highway, where the driver's view along the highway is obstructed within a distance of five hundred feet ahead except on a highway having two or more lanes for movement of traffic in one direction where the driver of a vehicle may overtake or pass another vehicle: Provided, That on a highway within a business or residential district, having two or more lanes for movement of traffic in one direction, the driver of a vehicle may overtake or pass another vehicle on the right. The driver of a vehicle shall not overtake or pass any other vehicle proceeding in the same direction, at any railway grade crossing, nor at any intersection of highways unless such intersection or crossing is controlled by traffic signal, or unless permitted to do so by a watchman or a peace officer, except on a highway having two or more lanes for movement of traffic in one direction where the driver of a vehicle may overtake or pass another vehicle on the right. Nothing in this section shall be construed to prohibit a driver overtaking or passing upon the right another vehicle which is making or about to make a left turn. The driver of a vehicle shall not overtake or pass, or attempt to pass, any other vehicle, proceeding in the same direction, between any points indicated by the placing of official temporary warning or caution signs indicating that men are working on the highway. The driver of a vehicle shall not overtake or pass, or attempt to overtake or pass, any other vehicle proceeding in the same direction in any "no-passing or overtaking zone."

ARTICLE III.—Right of Way and Signals

Right of way.

Section 42

SEC. 42. Right of way.— When two vehicles approach or enter an intersection at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right, except as otherwise hereinafter provided. The driver of any vehicle traveling at an unlawful speed shall forfeit any right of way which he might otherwise have hereunder. The driver of a vehicle approaching but not having entered an intersection, shall yield the right of way to a vehicle within such intersection or turning therein to the left across the line of travel of such first-mentioned vehicle, provided the driver of the vehicle turning left has given a plainly visible signal of intention to turn as required in this Act. The driver of any vehicle upon a highway within a business or residential district shall yield the right of way to a pedestrian crossing such highway within a cross walk, except at intersections where the movement of traffic is being regulated by a peace officer or by traffic signal. Every pedestrian crossing a highway within a business or residential district, at any point other than a crosswalk shall yield the right of way to vehicles upon the highway. The driver of a vehicle upon a highway shall bring to a full stop such vehicle before traversing any "through highway" or railroad crossing: Provided, That when it is apparent that no hazard exists, the vehicle may be slowed down to five miles per hour instead of bringing it to a full stop.

Exception to the right of way rule.

Section 43

SEC. 43. Exception to the right of way rule.— The driver of a vehicle entering a highway from a private road or drive shall yield the right of way to all vehicles-approaching on such highway. The driver of a vehicle upon a highway shall yield the right of way to police or fire department vehicles and ambulances when such vehicles are operated on official business and the drivers thereof sound audible signal of their approach. The driver of a vehicle entering a "through high way" or a "stop intersection" shall yield the right of way to all vehicles approaching in either direction on such "through highway": Provided, That nothing in this sub section shall be construed as relieving the driver of any vehicle being operated on a "through highway" from the duty of driving with due regard for the safety of vehicles entering such "through highway" nor as protecting the said driver from the consequence of an arbitrary exercise of such right of way.

Signals on starting, stopping or turning.

Section 44

SEC. 44. Signals on starting, stopping or turning.— The driver of any vehicle upon a highway, before starting, stopping or turning from a direct line, shall; first see that such movement can be made in safety, and if any pedestrian may be affected by such movement, shall give a clearly audible signal by sounding the horn, and whenever the operation of any other vehicle approach-in or following may be affected by such movement, shall give a signal plainly visible to the driver of such other: vehicles of the intention to make such movement. The signal herein required shall be given by means of extending the hand and arm beyond the left side of the vehicle, or by an approved mechanical or electrical signal device.

ARTICLE IV.—Turning and Parking

Turning at intersections.

Section 45

SEC. 45. Turning at intersections.— The driver of a vehicle intending to run to the right at an intersection shall approach such intersection in the lane for traffic nearest to the right-hand side of the highway and, in turning, shall keep as close as possible to the right-hand curb or edge of the highway. The driver of a vehicle intending to turn to the left shall approach such intersection in the lane for traffic to the right of and nearest to the center line of the highway, and, in turning, shall pass to the left of the center of the intersection, except that, upon highways laned for traffic and upon one-way highways, a left turn shall be made from the left lane of traffic in the direction in which the vehicle is proceeding. For the purpose of this section, the center of the intersection shall mean the meeting point of the medial lines of the highways intersecting one another, except when it is occupied by a monument, grass plot or any permanent structure, other than a traffic control device.

Parking prohibited in specified places.

Section 46

SEC. 46. Parking prohibited in specified places.—No driver shall park a vehicle, or permit it to stand, whether attended or unattended, upon a highway in any of the following places: Within an intersection On a crosswalk Within six meters of the intersection of curb lines. Within four meters of the driveway entrance to and fire station. Within four meters of a fire hydrant In front of a private driveway On the roadway side of any vehicle stopped or parked at the curb or edge of the highway At any place where official signs have been erected prohibiting parking.

Parked vehicle.

Section 47

SEC. 47. Parked vehicle.—Whenever a motor vehicle is parked unattended on any highway, the driver thereof must turn off the ignition switch and stop the motor and notch effectively the hand brake.

ARTICLE V.—Miscellaneous Traffic Rules

Reckless driving.

Section 48

SEC. 48. Reckless driving.—No person shall operate a motor vehicle on any highway recklessly or without reasonable caution considering the width, traffic, grades, crossing, curvatures, visibility and other conditions of the highway and the conditions of the atmosphere and weather, or so as to endanger the property or the safety or rights of any person or so as to cause excessive or unreasonable damage to the highway.

Right of way for police and other emergency vehicles.

Section 49

SEC. 49. Right of way for police and other emergency vehicles.—Upon the approach of any police or fire department vehicle, or of an ambulance giving audible signal, the driver of every other vehicle shall immediately drive the same to a position as near as possible and parallel to the right-hand edge or curb of the highway, clear of any intersection of highways, and shall stop and remain in such position, unless otherwise directed by a peace officer, until such vehicle shall have passed.

Tampering with vehicles.

Section 50

SEC. 50. Tampering with vehicles.—No unauthorized person shall sound the horn, handle the levers or set in motion or in any way tamper with or damage or deface any motor vehicle.

Hitching to a vehicle.

Section 51

SEC. 51. Hitching to a vehicle.—No person shall hang on to, or ride on, the outside or the rear end of any vehicle, and no person on a bicycle, roller skate or other similar device, shall hold fast to or hitch on to any moving vehicle, and no driver shall knowingly permit any person to hang on to or ride, the outside or rear end of his vehicle or allow any person on a bicycle, roller skate or other similar device to hold fast or hitch to his vehicle.

Driving or parking on sidewalk.

Section 52

SEC. 52. Driving or parking on sidewalk.—No person shall drive or park a motor vehicle upon or along any sidewalk, path or alley not intended for vehicular traffic or parking.

Driving while under the influence of liquor or narcotic drug.

Section 53

SEC. 53. Driving while under the influence of liquor or narcotic drug.—No person shall drive a motor vehicle while under the influence of liquor or narcotic drug.

Obstruction of traffic.

Section 54

SEC. 54. Obstruction of traffic.—No person shall drive his motor vehicle in such a manner as to obstruct or impede the passage of any vehicle, nor, while discharging or taking on passengers or loading or unloading freight, obstruct the free passage of other vehicles on the highway.

Duty of driver in case of accident.

Section 55

SEC. 55. Duty of driver in case of accident.—In the event that any accident should occur as a result of the operation of a motor vehicle upon a highway, the driver present, shall show his driver's license, give his true name and address and also the true name and address of the owner of the motor vehicle. No driver of a motor vehicle concerned in a vehicular accident shall leave the scene of the accident without aiding the victim, except under any of the following circumstances : If he is in imminent danger of being seriously harmed by any person or persons by reason of the accident; If he reports the accident to the nearest officer of the law; or If he has to summon a physician or nurse to aid the victim.

Back to RA 4136 (Land Transportation and Traffic Code) — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Source: Official Gazette of the Republic of the Philippines — Philippine laws are public documents (works of the government).