The Philippine standards for road warnings and street signs are based on international

conventions entered into among countries. International conventions regulate road traffic
between nations by adopting uniform road-traffic rules, road signs and signals, driver licenses,
and vehicle registration documentation, and by setting safety standards for vehicle design and
their equipment.
The Vienna Convention on Road Signs and Signals of 1968 contains rules for international uniformity
of road signs, signals, symbols, and markings. As road traffic and speed increases in the country, there is no
room for a ‘local’ practice or interpretation for the national road system. Local variations must not
contradict the administrative regulations, transportation and traffic laws, and international conventions.
The convention on road rules became important to countries with motorists entering from other countries.
The need arose to regulate cross-border vehicles and drivers in terms of their vehicle registration and driver
license. The Convention forms a coherent system for road signs, traffic lights, and road markings to be
designed and placed along the roadway.

The Philippines is a contracting party to both the Vienna Convention on Road Signs and Signals and the
Vienna Convention on Road Traffic. These were ratified by Presidential Decree No. 207 (1973), thus
adopting and making these two conventions as “part of the law of the land.” Our road rules are contained in
the Land Transportation and Traffic Code, Republic Act No. 4136 (1964). Ideally, all subsequent
administrative issuances must be consistent and reflect the later regulations found in the international
conventions adopted.

Under the Code, an applicant for a driver license must pass an examination to demonstrate proficiency in
reading and interpreting various traffic signs, signals, and road markings, and in operating a motor vehicle.
The LTO can issue a license only if the applicant passes the exam. The Code assumes that the licensed
driver is proficient in reading and interpreting traffic signs, signals, and road markings. And, by reciprocity
among nations, that presumption applies to all driver licenses issued by other authorities from around the
globe.

The Department of Public Works and Highways  (DPWH) has issued the Road Signs and Pavement
Markings Manual to establish and maintain a standardized system on all roads in the Philippines by
incorporating internationally accepted standards and practices. As a variation from the convention, it
provides bilingual signs in English and Filipino. In the interest of uniformity, local government units, traffic
management and enforcing authorities, and project managers and consultants must apply the requirements of
the Manual on all road projects or maintenance activities.
Road signs are classified according to their use: regulatory signs, warning signs, guide or informative signs,
signs for expressways, signs for special purposes, and hazard markers.

Because road signs are an essential part of the road traffic system, their message should be concise,
meaningful, and consistent, and their design and placement must be coordinated with the road geometric
design. We need to stop the verbose fine print on tarpaulin materials hoisted up to serve as regulatory
signs, warning signs, and informative signs. Traffic signs shall not
bear advertising or commercial message, or any other message that is not essential to traffic control.
According to the Manual, the use of symbols on signs to convey all or part of a message may reduce reading
time and extend legibility distance. The Manual contains common standard symbols, arrows, symbolic
representation of legends, and location destinations.

Signs are normally located on the right side of the road. In special circumstances specified in the Manual,
signs may be duplicated on the left side or mounted over the road. No specific rules can be applied to the
exact location of regulatory signs because their position varies with their purpose. Most are usually located
on the right side of the carriageway to face the approaching traffic as close as possible to the position where
regulatory action is required.
The No Entry sign shall be used at the termination of a one-way carriageway to prohibit access to all
vehicles from the wrong direction. At one-way street exits, No Entry signs shall be erected on both
sides of the street at the intersection facing in the opposite direction to the one-way flow. The signs may
need to be located a short distance into the one-way street if there is a possibility of drivers becoming
confused as to which street is closed for entry. Sufficient signs shall be erected to ensure that at least one is
clearly visible to drivers approaching from any direction, and some signs may have to be set at an angle to
achieve this purpose.

In case you missed the No Entry sign because the sign was not visible, you may contest or protest the
issuance of the traffic ticket. In your protest, you may argue that the placement of the No Entry sign was not
as mandated by the DPWH Road Signs and Pavement Markings Manual; as a result, you were not aware of
the restriction on that road.

Note: This article first appeared in  Top Gear Philippines' September 2017 issue.

Know Your Rights When You Get Apprehended by a Traffic

Enforcer
There are some cases when it’s really your fault–or you’re just at the wrong place at the wrong time. But
whatever the case, it’s a familiar scenario: You’ll suddenly see a traffic officer suddenly spring from behind
you like a stalking beast, waiting to pounce on you without hesitation.

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Of course, you might get defensive like a trapped prey and fight with the officer–which is a big mistake.
Remember that discourtesy is considered a violation as well, and you may need to pay P150 on top of other
penalty fees that they’ll charge against you.

Whatever the case, it’s always important to remember that you still have your rights in case a traffic
enforcer (or an MMDA officer) tells you to pull over. Don’t just blindly follow what they say; instead, know
what your rights are, and use them when needed. Here are the things you should keep in mind when you get
apprehended by a traffic enforcer*:

1) You have the right to withhold your license until the traffic enforcer tells you the
specific reason/s why he’s confiscating it–and your ticket’s validity.
Still, keep in mind that you do need to give your license for confiscation in case you really violated a law. If
you refuse to surrender it, then the traffic officer has the right to take out your plate, instead (pursuant to
Section 74 & 75, MC 89-105).

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2) You have the right to say “no” when an MMDA officer asks you to step out of
the car.
Traffic Enforcers are not allowed to do this while the apprehension is taking place.

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3) You have the right to tell them to stop “ganging up” on you.
MMDA Enforcers are not allowed to group together when they are apprehending you. In fact, they’re not
even allowed to stand together in groups of two, except when they’re arresting groups of colorum (out-of-
line) or smoke-belching buses.

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4) You have the right to ask them for their mission order.
Each Traffic Enforcer has his/her own written mission order that’s issued by the MMDA Central
Administration.

Their mission order contains the following:

 Area of responsibility

 Time of duty

 Official function

 Whether they’re authorized to issue tickets

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5) You have the right to question why you’re being apprehended by the Traffic
Enforcer and/or even refuse to give up your driver’s license especially if–

 You weren’t involved in any traffic accident

 You have not accumulated three or more unsettled violations

 You haven’t violated any of these traffic laws**:

          –Using motor vehicle in commission of crime
          -Undue preference/unjust discrimination

          -Tampering of OR/CR/CPC & other documents (spurious documents)

          -Tampered taximeter seal

          -Tampered sealing wire

          -Skipping or bypassing designated OBR terminals or loading bays (for 2nd offense)

          -Refusal to render service to public (Taxis and Public Utility Vehicles)

          -Refusal to convey passengers to destination/trip-cutting (Taxis and Public Utility Vehicles)

          -Overspeeding

          -Overcharging (with or without conductor) (for the 2nd offense)

          -Out of line operation

          -Operating on contractual basis

          -No driver’s ID

          -Joined/reconnected sealing wire

          -Illegal transfer of plates/tags/stickers

          -Illegal or unauthorized counter-flow

          -Ignoring Organized Bus Route (OBR) interval timers (for 2nd offense)

          -Flagged up meter

          -Fast/defective/non-operational/tampered taxi meter

          -Fake/altered taximeter seal

          -Fake/altered sealing wire

          -Fake driver’s license

          -Driving against traffic

          -Colorum operation (cargo/passenger vehicle)

          -Broken taximeter seal

          -Broken sealing wire

          -Allowing another person to use driver’s license

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6) You have the right to say “no” when they hint of taking bribes from you.
There are some unscrupulous traffic enforcers who think they can get away with taking bribes from you,
especially since they know there are some who are desperate enough to pay their way out of their offenses.

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7) When giving you your TVR (Traffic Violation Receipt), you have the right to
complain to the officer why they’re not issuing this to you in proper uniform and
visible nameplate.
They should only be wearing the official MMDA uniform, with a visible nameplate pinned on them. Here’s
what they should look like:

@http://www.mmda.gov.ph@http://www.mmda.gov.ph
Or when in action, they should look like this:

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8) You have the right to present any of the following as a valid driver’s license:

 ID Plastic Card

 DLR / Temporary Driver’s License

 TOP (Temporary Operator’s Permit)

 International Driver’s License

 Foreign License
@carmudi.com.ph
9) You have the right to ask for the name of the Traffic Enforcer and submit a letter
of complaint in case the traffic enforcer has violated any of the rights mentioned
here.
You should address it to the Traffic Adjudication Board (TAB) within 5 days after the apprehension.

Its address: MMDA Bldg. EDSA cor. Orense St. Guadalupe Nuevo, Makati City

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10) In case the two of you get in a heated argument, you have the right to call the
MMDA Hotline 136, or the Metrobase at 0917-527-7304.
You can ask them to send inspectors to go to the place where the argument is taking place for proper
investigation.

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11) You also have the right to e-mail your complaints against erring Traffic
Enforcers to the MMDA thru email@mmda.gov.ph.
You are required to include full details of the incident (include photos or videos whenever possible) so they
can attend promptly on that matter.

Here’s a Final Note for You

Don’t forget  that MMDA officers are also human. Keep this in mind the next time you feel like lashing out
all of your frustration or anger against them.

When a traffic enforcer cannot

confiscate your driver’s
license
AN LTO ENFORCER flags down a pickup without a license plate on Edsa in Cubao, Quezon City, on the
first day of the implementation of the agency’s “no plate, no travel” policy. Violators face up to P10,000
in fines on top of the impounding of their vehicles. LEO M. SABANGAN II

“The Lord giveth, the Lord taketh away.”

In the same way, the LTO gives driver’s licenses, the LTO takes them away.

In other words, only the Land Transportation Office (LTO) issues driver’s licenses, therefore only the LTO is
authorized to confiscate them.

Alberto Suansing, secretary general of the Philippine Global Road Safety Partnership (PGRSP) who once
served as LTO chief and at another time headed the Land Transportation Franchising and Regulatory Board
(LTFRB), emphasized this when a member of the Automobile Association Philippines (AAP) inquired whether a
traffic enforcer could confiscate his driver’s license.

Must be LTO deputized

Suansing said that Metropolitan Manila Development Authority (MMDA) traffic officers, traffic enforcers or traffic
aides and members of the Philippine National Police Highway Patrol Group (PNP-HPG) cannot take away a
motorist’s license unless they are deputized LTO agents.

Aside from Edsa and Roxas Boulevard, the MMDA has jurisdiction over traffic on all national roads in Metro
Manila, yet MMDA traffic enforcers cannot confiscate a motorist’s license.
This rule also applies to the traffic officers/enforcers/aides of provinces, cities and municipalities including Makati
City, which is widely known as the Republic of Makati.

The exception is when a motorist is involved in a road crash resulting in injury or death, then he/she is obliged to
surrender his/her driver’s license to the arresting officer even though the latter is not a deputized LTO agent.

Valid for 72 hours only

In traffic incidents not resulting in injury or death, an LTO-deputized traffic enforcer will issue a Temporary
Operator’s Permit (TOP) to the traffic violator.

Suansing said that the TOP serves four functions: 1) It is a receipt that the driver’s license was confiscated; 2) It
is a charge sheet; 3) It is a summons; and 4) It is a temporary driver’s license/conductor’s permit.

There is no deadline for redeeming a confiscated driver’s license, but the TOP issued by LTO-deputized traffic
enforcers is valid for 72 hours only.

This means that a motorist whose license was confiscated can continue to drive only while his/her TOP is valid.

A P3,000 fine is imposed on a motorist not carrying a valid license/conductor’s permit, certificate of registration,
or official receipt while driving a motor vehicle, Suansing warned.

Driving without a valid license

This includes driving with an expired, revoked, suspended, inappropriate driver’s license restriction code,
inappropriate driver’s license classification, fake driver’s license, tourist driving a motor vehicle with a valid
foreign driver’s license beyond the 90-day maximum allowable period, and a student driver driving without being
accompanied by a duly licensed driver.

In addition, the unlicensed or improperly licensed driver shall be disqualified from being granted a driver’s
license and driving a motor vehicle for one year from the payment of the fine.

A motorist who is apprehended has the right to know what traffic law he/she violated. It’s advisable to always
keep a copy of Republic Act 4136 (Land Transportation and Traffic Code) in your car to make sure the traffic
regulation being cited exists.

By the way, AAP gives free copies of R.A. 4136 to its members.

Where to redeem your license

There was a time when motorcycle-riding traffic enforcers in uniform strictly enforced the speed limit of 100
kilometers per hour for light vehicles on the South Luzon Expressway elevated section, aka the Skyway, from
Buendia, Makati City to Calamba, Laguna.

Suansing says that these traffic enforcers are duly deputized LTO agents and are authorized to confiscate the
license of a driver who disregards the speed limit or violates any other traffic regulation.
Traffic violators on the Buendia-Alabang Skyway, NAIAEx and CAVITEx are obliged to attend a half-day seminar
at the LTO Central Office along East Avenue in Quezon City and pay a fine before redeeming their license.

However, traffic violators apprehended on the SLEx from Alabang to Calamba and the STAR Tollway will have
to redeem their license at the LTO Region 4 office in Lipa, Batangas while traffic violators on the SCTEx and
TPLEx have to go all the way to the LTO Region 3 office in San Fernando, Pampanga to redeem their license,
according to Suansing.

All motorists who violate traffic regulations, whether these be on expressways, tollways or city streets, must
attend the half-day seminar and pay a fine. The remedial education of errant drivers is part of the penalty.

Swerving is reckless driving

A few motorists are apprehended for alleged “swerving.” Suansing says that swerving is changing direction
abruptly, and if done without reasonable caution and/or without using the appropriate turn signal, it is considered
reckless driving.

R.A. 4136, Chap. 4, Art. V, Sec. 48 states: “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.”

You don’t have to be a lawyer to understand all that legalese to mean that changing lanes suddenly without
using your turn signal is swerving, or reckless driving.

Yet it happens all the time: A driver on the rightmost lane beside the sidewalk suddenly decides to turn left at the
intersection, and abruptly swerves across two lanes to occupy the left turn lane.

In general, most traffic enforcers just look the other way.

Obstruction of traffic

Another frequent traffic violation is illegal parking. This is considered obstruction of traffic, Suansing says.

Waiting at the curb with your engine running and hazard lights switched on is illegal parking and therefore
obstruction of traffic.

This is because the Land Transportation and Traffic Code states: “Obstruction of traffic: No person shall drive his
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.” (R.A.
4136, Chap. 4, Art. V, Sec. 54)
 It seems that motorists who park wherever they wish, and jeepney and taxi drivers who load or unload
passengers in the middle of the road have never heard of a violation called obstruction of traffic. Or choose to
ignore it since chances are, no one will apprehend them anyway.

Occasionally, if the driver of an illegally parked vehicle is not present, a MMDA-accredited tow truck may come
along and tow the vehicle to an impounding area.

If the driver is around, he will be issued a traffic violation ticket after which he must move his vehicle.

No Contact Traffic Apprehension Policy (11 Things You Need to Know)

(Updated April 17, 2017)

    1. What is the No Contact Traffic Apprehension Policy?

The No Contact Traffic Apprehension is a policy that utilizes CCTV, digital cameras and/or other
gadget or technology to capture videos and images to apprehend vehicles violating  traffic laws,
rules and regulations.

    2. What is its coverage?

The No Physical Contact Apprehension covers the apprehension of violators in areas within Metro
Manila that are covered by MMDA CCTV cameras.

3.   Will the policy rid Metro Manila roads of MMDA Traffic Enforcers?

No. It was conceptualized to supplement the presence of MMDA Traffic Enforcers. Aside from the
fact that there are still places not covered by CCTVs, the No Contact Traffic Apprehension was
designed to catch moving violations, thus leaving the apprehension of administrative offenses to
MMDA constables.

4.   How will the No Contact Team know about the records of the vehicle?

The MMDA No Contact Apprehension Team will search for the motor vehicle records of violators in
coordination with Land Transportation Office – Information Query Facility (LTO-IQF).

5.   If I’m the registered owner and the current owner hasn’t processed the vehicle’s
transfer of registration yet, will I still be penalized for a violation I did not commit?

The first notice shall require the owner of the vehicle to identify its driver at the time and place
indicated in the notice and his/her address. It is the responsibility of the current owner to have
the vehicle registered under his/her name. If a previous owner receives the Notice, he or she
may proceed to the No-Contact Office at the MMDA main building, Makati City and
show a notarized Deed of Sale as evidence, as well the name and address of the
current owner.

6.   How will the MMDA send the Summon to violators?

Notices shall be sent thru personal service by MMDA Personnel, registered mail or courier services
through government or private service providers; or the bus company’s liaison officer may pick up
the summons with the authorization letter or a secretariat certificate
7.   What if the violator refuses to receive the Notice?

Traffic violators who refuse to receive or accept the notice issued to them without any valid
reason shall be deemed to have received it by leaving a copy and submission of an affidavit of
service or report attesting the refusal of the violator to acknowledge receipt of the Notice.

8.   Within how many days should a driver settle his/her violation under this policy?

Payment of fines and penalties shall be made within seven days upon receipt of the first notice to
any authorized accredited payment centers unless a protest is filed before the MMDA TAD, in
which case, the fines as finally adjudicated shall be paid at the Collection Division of the MMDA
Central Office.

9.   Where should I pay to settle my violation?

The violator may pay either in the MMDA Main Office or in any branch of MetroBank.

10.  If I don’t agree with the violation given to me, how do I contest it?

The First Notice contains a statement that the traffic violator shall have the right to file a protest
before the MMDA-Traffic Adjudication Division or TAD within seven days from receipt of the
Notice, and that failure to do so within the prescribed period shall be seen as a waiver of such
right to contest the violation or present evidence as a defense.

Within fifteen days from receipt of an adverse TAD resolution, the driver may file a Motion for
Reconsideration. Within thirty (30) days from receipt of the denial of the Motion for
Reconsideration, the driver may file an appeal at the Office of the Chairman where the Decision
shall be final and executory.

If no protest is filed within the 7-day prescriptive period and the fines remain unpaid, a Final
Notice to settle the violation shall be issued.

11.   What will happen if I don’t pay at all?

If a violator fails to settle the assessed fines or penalties from the receipt of the Final Notice, the
vehicle license plate number shall be included in the Alarm list and be reported to the LTO with a
request that its registration not be renewed until the penalties or fines are fully settled.