SPECIAL LAWS

RELATIVE TO LAND
TRANSPORTATION

ATTY. VICENTE L.GADOR, JR.

Land Transportation Office – Region 7
“PHILIPPINE CLEAN
AIR ACT OF 1999”
Republic Act No. 8749
 REGULATION OF MOTOR VEHICLES

New MVs and Engine – Certificate of Conformity

Old Motor Vehicles – Certificate of Compliance to
Emission Standard

Vehicles must meet the emission standards.

The results of such test shall be presented within sixty

(60) days from the date of the test and may be
presented to the LTO motor vehicle registration offices
as a prerequisite to renewal of registration.
DENR Administrative
Order No. 2015-04
 Provides for the new Emission Limits/Standards for Euro
IV/4, and In-Use Vehicle Emission Standards
 Mandates the availability of Euro IV fuel in the market

Comparative Quality of Euro IV fuel vs. Euro II fuel

DENR Administrative
Order No. 2015-04
DENR Administrative
Order No. 2015-04
DENR Administrative
Order No. 2015-04
DENR Administrative
Order No. 2015-04
 VIOLATION OF STANDARDS

Any vehicle suspected of violation of

emission standards through visual
signs, such as, but not limited to
smoke belching, shall be subjected to
emission test by a duly authorized
emission testing center.
 PENALTIES
First Offense- a fine not to exceed Two
Thousand Pesos (Php2,000.00);
Second Offense- a fine not to exceed
Four Thousand Pesos (Php4,000.00);
and
Third Offense- one (1) year suspension
of the Motor Vehicle registration and
a fine of P6,000.00
 REPUBLIC ACT NO. 8750

Seat Belts Use Act of

1999
Mandatory Use of Seat Belts
For their own safety,
the driver and front
seat passengers of a
public or private motor
vehicle are required to
wear or use their seat
belt devices while
inside a vehicle of
running engine on any
road or thoroughfare.
Mandatory Use of Seat Belts
Front seat passengers shall
refer to persons on board a
public utility vehicle seated at
the right side beside the
driver for public utility
jeepneys (PUJs) and to
passengers seated at the right
side beside the driver and
those at the first row
immediately behind the driver
in the case of public utility
buses (PUBs) and to
passengers seated on the right
side beside the driver for
private motor vehicles.
Mandatory Use of Seat Belts
In the case of public motor vehicles, the
driver shall be required to immediately
inform and require the front seat
passengers upon boarding a vehicle of
running engine to wear the prescribed
seat belts.

Any passenger who refuses to wear seat

belts shall not be allowed to continue
his/her trip.
 TYPES OF SEAT BELT

LAP BELT or SHOULDER/

SASH HARNESS (TWO-
POINT)

LAP AND SHOULDER

BELT (THREE-POINT)
 TYPES OF SEAT BELT
RACING SAFETY HARNESS

FOUR-POINT FIVE-POINT SIX-POINT

 SEATBELTS ASSEMBLIES SHALL NOT
APPLY TO FOLLOWING TYPES OF SEAT:
1. Folding seats which are provided at
aisles, loading platform
2. Single-seater provided at the side
of the driver’s seat
3. Seats facing sideward
4. Seats near emergency exit

**Does not apply to a passenger or operator with a

physically disabling ailment or medical condition
Children Prohibited to Sit in
Front Seat
Infants and/or
children with
ages six (6) years
and below shall
be prohibited to
sit in the front
seat of any
running motor
vehicle.
PENALTIES

For failure to wear the prescribed seat belt devices

and/or failure to require his passengers to wear the
prescribed seat belt device:
One thousand pesos (P1,000) for the first violation;
Two thousand pesos (P2,000) for the second
violation; and
Five thousand pesos (P5,000) and suspension of
driver's license for a period of one (1) week for
the third and succeeding violations;
PENALTIES

Public utility vehicles shall post appropriate

signages instructing front seat passengers to
wear seat belts when inside the vehicle.
Non-compliance hereof will hold both the
driver and the operator liable and shall be
fined a Three thousand pesos (P3,000) for
every violation.
Republic Act No. 8794
MOTOR VEHICLES
USER’S CHARGE
(MVUC) LAW
WHAT IS THE MVUC LAW?
 It is an act imposing a motor
vehicle user’s charge on owners
of all types of motor vehicles and
for other purposes.

 Collection of motor vehicle user’s

charge from road users as part of
the annual vehicle registration.
MOTOR VEHICLE REGISTRATION

MVUC
PENALTY FOR OVERLOADING
Owner of a truck or trailer which is
loaded in excess of the maximum
allowable gross vehicle weight (GVW) to
pay a penalty in the amount equivalent
to 25% of the MVUC applicable to the
vehicle at the time of infringement,
provided that the penalty shall be
waived for the loading exceeding the
GVW by a tolerance of less than 5%,
and
PENALTY FOR OVERLOADING
 that no vehicle shall be
permitted to proceed on the
roadway if either a dual-wheel
axle load exceeds 13,500 kgs or
the vehicle load exceeds 150%
of the maximum allowable
GVW.
UTILIZATION OF MVUC
 All MVUC & overloading penalty
revenue is deposited into the special
trust accounts in the National Treasury
and allocated as follows:
a) 80% - Special Road Support Fund –
DPWH – Maintenance and
improvement of drainage ( 70%-
national primary roads, 30% -
national secondary roads)
UTILIZATION OF MVUC
b) 5% - Special Local Road Fund - DPWH
(Local and Provincial road)
- apportionment based on vehicle
population and size of the road
network
- maintenance of local roads, traffic
management and road safety
devices
c) 7.5% - Special Road Safety Fund and -
DPWH Traffic lights and safety
devices
d) 7.5% - Special Vehicle Pollution Control Fund.
– DOTr
Motorcycle Helmet Act of
2009

Republic Act No. 10054

All motorcycle riders, including drivers and
back riders, shall at all times wear standard
protective motorcycle helmets while driving,
whether long or short drives, in any type of
road and highway.
EXEMPTION TO THE RULE:

DRIVERS OF

TRICYLES
STANDARD PROTECTIVE
MOTORCYCLE HELMETS
- appropriate
types of helmets
for motorcycle
riders that
comply with the
specifications
issued by the
Department of
Trade and
Industry (DTI).
 TYPES OF HELMET
1. FULL-FACE
 covers the whole head; has a chin bar that
extends outwards, wrapping around & jaw area; a
plastic face shield (clear or tinted) resting over
the cutout eyes and nose section allows access
to the face if pushed up.

Source: LTO Memorandum Circular No. VPT-2012-1714

 TYPES OF HELMET
2. OPEN-FACE (3/4)
 some open face helmets are equipped with visors
of various lengths & tints that blocks out sunlight
& headlights. Riders may use wrap-around
sunglasses or goggles as an additional means of
protection.

Source: LTO Memorandum Circular No. VPT-2012-1714

 TYPES OF HELMET
3. HALF-HEAD
 these helmets provide protection by means of a
hard outer shell & a crushable inner liner. They
do not offer protection for the chin or jaw and are
rarely equipped with visors.

Source: LTO Memorandum Circular No. VPT-2012-1714

THESE ARE NOT MOTORCYCLE
HELMETS!
 SECTION 7 – PENALTIES
Any person caught not wearing the standard
protective motorcycle helmet shall be punished
with a fine:

One thousand five hundred pesos

FIRST OFFENSE
(Php 1,500.00)
Three thousand pesos
SECOND OFFENSE
(Php 3,000.00)

THIRD OFFENSE Five thousand pesos (Php 5,000.00)

FOURTH OFFENSE AND Ten thousand pesos (Php 10,000.00)

SUCCEEDING plus confiscation of the driver’s
OFFENSES license
Anti-Drunk and Drugged Driving Act of 2013
Republic Act No. 10586
PROCEDURE FOR
APPREHENSION

Upon personal determination of

probable cause, a deputized LEO
shall flag down the motor vehicle,
direct the driver to step out of the
vehicle and determine whether or
not the driver is drunk or drugged.
PROBABLE CAUSE
Reasonable ground to believe that a person is
driving under the influence of alcohol, dangerous
drugs and/or other similar substances by apparent
indications and manifestations, including:
1. Over speeding
2. Weaving
3. Lane straddling
4. Sudden stops
5. Swerving
6. Poor coordination
7. Evident smell of alcohol in a person’s
breath
8. Signs of use of dangerous drugs and other
similar substances.
PROBABLE CAUSE
In the course of apprehension for another traffic
offense, the following shall also constitute
probable cause:
1. Evident smell of alcohol in a driver's
breath
2. Generally slurred speech in response to
questioning
3. Bloodshot or reddish eyes
4. Flushed face
5. Poor coordination
6. Difficulty in understanding and
responding intelligently to questions
PROCEDURE FOR
APPREHENSION

If the LEO has reasonable grounds to

believe that the driver is DRUNK, the
LEO shall expressly inform the driver of
his assessment and the driver shall be
directed to perform all of the three (3)
field sobriety tests on site.

If the LEO has reasonable grounds to

believe that the driver is DRUGGED,
the LEO shall expressly inform the
driver of his assessment and shall bring
the driver to the nearest police
station.
PROCEDURE FOR
APPREHENSION
FIELD SOBRIETY TESTS

1. Walk and Turn

2. Eye Test (Horizontal Gaze Nystagmus)
3. One-Leg Stand
 FIELD SOBRIETY TEST
THE EYE TEST
(HORIZONTAL GAZE
NYSTAGMUS)

 refers to horizontal or lateral

jerking of the driver’s eyes as
he or she gazes sideways
following a moving object such
as pen or the tip of a penlight
held by the LEO from a
distance of about 1 foot away
from the face of the driver.
 FIELD SOBRIETY TEST
THE WALK AND
TURN
 requires the driver to
walk heel-to-toe along
a straight line for nine
(9) steps, turn at the
end and return to the
point of origin without
any difficulty.
 FIELD SOBRIETY TEST

THE ONE-LEG
STAND
requires to stand on
either right or left leg with
both arms on the side.
The driver is instructed to
keep the foot raised
about 6 inches off the
ground for 30 seconds.
 FIELD SOBRIETY TEST

If the driver has passed all three

(3) tests and is proven NEGATIVE
of driving under influence, he/she
shall be apprehended for the
traffic offense committed.
PROCEDURE FOR
APPREHENSION
If the driver fails in the sobriety tests, the law
enforcement officer shall implement the mandatory
determination of the driver’s blood alcohol
concentration level through the use of a breath
analyzer or similar measuring instrument on site.
PROCEDURE FOR
APPREHENSION
A driver of a private motor vehicle with a gross
vehicle weight not exceeding 4500 kg. a BAC of
0.05% or higher shall be conclusive proof
that said driver is driving under the influence
of alcohol.

For drivers of trucks, buses, motorcycles and

public utility vehicles, a BAC of more than
0.0% shall be conclusive proof that said
driver is driving under the influence of alcohol.
 0.02% BAC =

*estimates based on an average-sized 72 kgs. male

It will take approximately 40 min. to 1 hr. to remove 0.02% BAC

from the body.
PROCEDURE FOR
APPREHENSION
A driver who, after ABA testing, registers a BAC
higher than the prescribed limit shall be put
under arrest and the motor vehicle impounded.

The LEO shall observe the proper procedure in

effecting the arrest and bringing the driver to the
nearest police station for detention. The motor
vehicle shall also be brought to the nearest LTO
impounding area until the same is claimed by an
authorized representative of its registered
owner.
PROCEDURE FOR
APPREHENSION

A driver of a motor vehicle who refuses

to undergo the mandatory testing as
required shall be penalized by the
confiscation and automatic revocation
of his/her driver's license, in addition to
other penalties provided herein and/or
other pertinent law, after compliance
with the requirement of due process.
MANDATORY ALCOHOL AND
DRUG TESTING
A driver of a motor vehicle involved in a
vehicular accident resulting in the loss of
human life or physical injuries shall be
subjected to on site field sobriety test and
ABA testing, whenever practicable, and,
thereafter chemical tests, including a drug
screening test and, if necessary, a drug
confirmatory test as mandated under Republic
Act No. 9165, to determine the presence
and/or concentration of alcohol, dangerous
drugs and/or similar substances in the
bloodstream or body.
PROCEDURE FOR
APPREHENSION
In case of a BAC within the allowed
limit, the driver shall be apprehended
for the other traffic offense only and
not for violation of RA 10586.

Under no circumstance shall a driver,

who has undergone and passed the field
sobriety test and/or ABA test, be
subjected to drug screening test
afterwards.
PENALTIES:

(a) did not result in physical injuries or three (3) months imprisonment,
homicide Fine: Php20,000.00 -Php80,000.00

(b) resulted in physical injuries the penalty provided in Article 263 of the Revised Penal
Code or the penalty provided in the next preceding
subparagraph, whichever is higher,
Fine: Php100,000.00 - Php200,000.00
the penalty provided in Article 249 of the Revised Penal Code
Fine:inPhp300,000.00
(c) resulted homicide -Php500,000.00
the penalty provided in Article 249 of the Revised Penal
Code
Fine: Php300,000.00 -Php500,000.00

(d) with non-professional driver’s Confiscation of license and suspension for a period of
license twelve (12) months for the first conviction and
perpetually revoked for the second conviction.

(e) with professional driver’s license
Confiscation of license and perpetually revoked for the
first conviction.
**The perpetual revocation of a driver’s license shall
disqualify the person from being granted any kind of
driver’s license thereafter.
ANTI-DISTRACTED
DRIVING ACT
Republic Act No. 10913
What is the Anti-Distracted
Driving Act?
 RA 10913 or the Anti-Distracted Driving
Act (ADDA) is a law that prohibits a
person who is driving a motor vehicle
from holding and using mobile
communication devices and electronic
entertainment gadgets. The
prohibition applies while the motor
vehicle is in motion or temporarily
stopped on a traffic light or an
intersection.
What vehicles are covered by
this Act?
 This law covers both public and private
vehicles.

 It also covers wheeled agricultural

machineries, construction equipment, and
other forms of conveyances such as bicycles,
pedicabs, trolleys, “habal-habal”, “kuligligs”,
wagons, carriages, and carts that may either
be human-powered or pulled by an animal as
long as the same are operated or driven in
public thoroughfares, highways or streets.
Can a driver use his cellphone
when he is stuck in traffic?
 No. Even if a driver is stuck in traffic, as long as he is
behind the wheel, he is still not allowed to:
1. hold and use his cellphone and/or gadget;
2. make or receive calls;
3. write, send or read text-based communications;
4. play games;
5. watch movies;
6. perform calculations;
7. read e-books;
8. compose messages;
9. surf or browse the internet; or
10. other similar acts.
PRIMA FACIE PRESUMPTION

IRR, Sec. 4, par. 2

Holding a mobile communications device or

an electronic entertainment or computing
device in a motor vehicle in motion or
temporarily stopped on a traffic light or an
intersection shall be prima facie presumed to
be engaged in distracted driving.
What are the actions
exempted from this law?
 Motorists are allowed to make or take
emergency calls to authorities in cases
of a crime, accidents, bomb or
terrorist threat, fire or explosion,
instances needing immediate medical
attention, or when personal safety
and security is compromised.
Can we use the hands-free function of
our mobile communications device to
make or receive calls?

 YES. Using the aid of a hands-free

function such as speaker phones,
earphones, microphones or other similar
device, which will allow a person to
make and receive calls without holding
his mobile communications device, is
allowed.
 Where can we mount our
cellphones or GPS device?

 GPS devices or cellphones may be

placed or mounted below, at the
same level, or on top of the
dashboard, and even on the
windshield, as long as the highest
point of the device is not higher
than four (4) inches from the
dashboard.
How about the use of dashcams? Is
this covered by ADDA?

 The use of dashcams is NOT covered by

ADDA. To date, there is no legislation
regulating the use of dashcams.
However, for safety purposes, drivers
are encouraged to mount their
dashcams at the back of the rearview
mirror.
Does ADDA prohibit the mounting of
other accessories in a vehicle’s
dashboard? How about engaging in
other “distracting activities”? Are
these covered by the ADDA?
 No. ADDA only covers the use of mobile communications
devices and other electronic entertainment gadgets while
vehicles are in motion or temporarily stopped on a traffic light
or an intersection.
 It does NOT cover other accessories which may be found on
your dashboard such as rosaries, tachometers, figurines,
dashboard toys, crucifix, stickers, among others. Likewise, it
does not cover activities such as putting make-up, drinking
coffee, and other similar acts.
YES!
Are we allowed to mount our cellphones on
our motorcycles?

 Yes, mounting of cellphones in handle bars or

other parts of motorcycles is allowed, since this
does not interfere with the driver’s line of
vision.
 Who are authorized to
apprehend violating motorists?

 The DOTr - Land Transportation Office

(LTO), PNP-HPG, MMDA, and LGUs are
authorized to apprehend violators of the
ADDA.
How will we know if drivers of private
vehicles with heavily-tinted windshields
are violating the law?

 Aside from high-definition cameras that can

monitor lights from devices inside heavily-tinted
vehicles, the law will also be strictly enforced by
enforcers on the ground who are trained to
determine from the movement of the vehicle
whether or not a driver commits distracted driving.
 A Memorandum Circular setting specifications on
the regulation of tints shall also be released by LTO
soon.
 What are the penalties?

 Violators will be penalized with a fine

of:
 Five thousand pesos (Php5,000) for
the first offense;
 Ten thousand pesos (Php10,000) for
the second offense; and
 Fifteen thousand pesos (Php15,000)
for the third offense with a three-
month suspension of driver’s license.
What are the penalties?

 Violationsincurred beyond the

third offense shall be penalized
with the revocation of driver’s
license and a fine of twenty
thousand pesos (Php20,000).
What are the penalties?
 If distracted driving committed within a
fifty (50)-meter radius from the school
premises, a penalty of thirty thousand
pesos (P30,000.00) and suspension of one’s
driver’s license for three (3) months shall
be imposed against a driver of a:
1. public utility vehicle
2. school bus
3. school service vehicle
4. common carrier hauling volatile,
flammable or toxic material
Are operators of Public Utility Vehicles
(PUV) also liable for violations made by
drivers?

 Yes. Operators and owners of

Public Utility Vehicles (PUV) shall
be held liable for the violations
committed by their drivers.
Where do I settle my
violation?

 Violators who were apprehended by

LTO and/or PNP-HPG enforcers may
settle their violations in the nearest
LTO Office covering the area where
they were apprehended.
Where do I settle my
violation?

 Violators apprehended by LGU enforcers may

settle their violations in their respective City
or Municipal Halls, provided no Temporary
Operator’s Permits is used in the
apprehension. Otherwise, settlement should
be at the LTO.
Where do I settle my
violation?
 Violators apprehended by MMDA
enforcers may either settle their
violations thru Metrobank or Bayad
Center within 7 days after they were
issued a ticket. Violators may also pay
their fines at the MMDA main office in
Guadalupe, Makati City.
 How about cyclists or those driving
vehicles/machines that do not require
licenses? How will they be apprehended?

 People who were caught violating the ADDA while riding

a bicycle or wheeled agricultural machineries,
construction equipment, and other forms of
conveyances such as bicycles, pedicabs, trolleys,
“habal-habal”, “kuligligs”, wagons, carriages, and carts
that may either be human-powered or pulled by an
animal, will still be apprehended, issued a ticket by the
LGU’s and escorted up to the nearest authorized
payment center to settle his violation.
How about cyclists or those driving
vehicles/machines that do not require
licenses? How will they be apprehended?

 However, if the driver does not have cash to

pay for the fine, enforcers will have the
authority to take the motorist’s vehicle for
safekeeping within a period of six (6) months
until the violator finally presents a receipt as
proof of his payment of the fine.
How about cyclists or those driven
vehicles/machines that do not require
licenses? How will they be apprehended?

 Should the violator fail to settle his violation

within six (6) months, the LTO shall have the
authority to sell the impounded vehicle in
favor of the government.

 Please take note that enforcers are strictly

not authorized to accept payment of fines.
ROAD SPEED LIMITER ACT
Republic Act No. 10916
COVERED VEHICLES

 CLOSED VAN - large motor vehicle, usually with an

enclosed cargo space designed to carry goods for
commercial purposes, or engaged in services of
transporting personal effects
 HAULER OR CARGO TRAILER – motor vehicle
designed for transporting heavy r oversized loads
or cargoes
 PUBLIC UTILITY VEHICLES (PUVs) – motor vehicle
considered as public transport conveyance or
common carrier duly registered with the LTO and
granted a franchise by the LTFRB excluding
taxicabs and public utility jeepneys (PUJs)
COVERED VEHICLES

 SHUTTLE SERVICE – any motor vehicle provided by

government or private company or establishment
to transport its employees to and from work
premises or clients between dessignated origin and
destination and carrying not less than four (4)
passengers
 TANKER TRUCK – motor vehicle designed for
transporting or carrying gas, oil or liquid,
flammable, combustible, corrosive or hazardous
materials or substances in bulk
 OTHER VEHICLES as may be determined and
included by the Department of Transportation
MANDATORY INSTALLATION
OF SPEED LIMITER
No covered vehicle shall be allowed
to run in any road, street or highway
in the Philippines without a standard
speed limiter.
 REQUIREMENT OF MOTOR
VEHICLE REGISTRATION

No Speed Limiter, No Registration

 No covered vehicle shall be registered by the

LTO or given a franchise by the LTFRB
without the standard speed limiter installed
and set in the vehicle
 The LTO or the LTFRB shall supervise and
inspect the setting of speed limiter
corresponding to the maximum allowed in the
route plied by a particular covered vehicle
 FINES AND PENALTIES

a) A driver who operates a motor vehicle or the

owner or operator who allows such driver to
operate without the speed limiter herein
required shall suffer a fine in the amount of
FIFTY THOUSAND PESOS (P50,000.00).

b) The same fine shall be imposed upon the

driver, owner or operator who operates or
allows a person to operate a motor vehicle
with a nonfunctioning or tampered speed
limiter.
IN ADDITION TO THE FINES:
a suspension of the driver’s license for a
period of one (1) month or franchise of a
FIRST OFFENSE motor vehicle for a period of three (3)
months, as the case may be, shall be
imposed upon the offender.
a suspension of the driver’s license for a
period of three (3) months or franchise of a
SECOND OFFENSE
motor vehicle shall be suspended for a period
of six (6) months
revocation of the driver’s license or the
SUBSEQUENT OFFENSE franchise of a motor vehicle shall be
suspended for a period of one year.

** Any person who is found guilty of tampering shall

suffer a penalty of imprisonment of not less than six (6)
months but not more than three (3) years and a fine of
thirty thousand pesos (P30,000.00).
THANK YOU!
Thank you.