SPECIAL LAWS

REPUBLIC ACT NO. 8750

AUGUST 5, 1999
AN ACT REQUIRING THE MANDATORY COMPLIANCE BY MOTORISTS OF PRIVATE AND PUBLIC
VEHICLES TO USE SEAT BELT DEVICES, AND REQUIRING VEHICLE MANUFACTURERS TO
INSTALL SEAT BELT DEVICES IN ALL THEIR MANUFACTURED VEHICLES

SALIENT POINTS:
• Sec. 4. 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: Provided, that for private vehicles, except for jeeps, jeepneys, vans, buses and such
other private vehicles as may be determined in the Implementing Rules and Regulations (IRR), front and back seat
passengers are likewise required to use their seat belt devices at all times.
• 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.
• Sec. 5. 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.
 REPUBLIC ACT NO. 10054
(MOTORCYCLE HELMET ACT OF 2009)
AN ACT MANDATING ALL MOTORCYCLE RIDERS TO WEAR STANDARD
PROTECTIVE MOTORCYCLE HELMETS WHILE DRIVING AND PROVIDING
PENALTIES THEREFOR

SALIENT POINTS:

• Sec. 3. Mandatory Use of Motorcycle Helmets. - 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.
• Standard protective motorcycle helmets are appropriate types of helmets for motorcycle riders that comply with
the specifications issued by the Department of Trade and Industry (DTI).
• The DTI shall issue guidelines, which should include the specifications regarding standard protective motorcycle
helmets. (ICC)
Anything contrary to the following is subject to apprehension:
Motorcycles or scooters shall be equipped with the required accessory lights
such as headlight, taillight, signal light and brake light.

1. Headlight/Headlamp:
a. shall be white or yellowish in color only.
b. shall be capable of being directed downward.
c. shall have no blinker mode.
2. Tail Light/Tail Lamp:
a. must be red in color only.
b. shall have no blinker mode.
3. Direction Indicator Lamp/Signal lights must be yellow, amber or orange only.
4. Stop Lamp/Brake Lamp:
a. must be at the rear of the motorcycle
b. Only 1 stop lamp is allowed.
c. shall be wired that it may be turned on only when the brake system of the motorcycle is
applied.
d. The stop lamp in combination with a tail lamp shall be wired that its luminous intensity may
increase 5 times or stronger than that of the tail lamp only when the brake system is operated.
6. Fog Lamp:
a. only 1 fog lamp is allowed.
b. must be white or selective-yellow light.
c. shall be installed below the Headlamp in such a way that no point illuminated by the fog
lamps shall be come in contact with any point illuminated by the Headlamp.
d. shall have their own switches, independent from the headlamps.
e. shall only be lit during instances of thick fog, heavy rain or similar conditions.

7. Number Plate Lights:

a. The motorcycle shall be provided with two (2) white number plate lights at the rear only
to illuminate such.
b. The number plate light shall be wired that it may not be put off from the driver’s seat or
that it will be turned on whenever the headlamps or parking lamps are turned on.
c. The light shall render the plate number clearly visible at night.
Use of LED or HID lights/lamps is allowed as long as it adheres to the parameters abovementioned.

Only LTO Law Enforcement Officers and Agents deputized by LTO to enforce the provisions of R.A. No. 4136
and other related land transportation laws, rules and regulations, are authorized/allowed to apprehend
violators of the provisions of this Memorandum. Agents deputized by LTO specifically for R.A. No. 10586 (Anti-
Drunk and Drugged Driving Act), Section 46 of R.A. No. 8749 (Anti-Smoke Belching Act) and R.A. No. 8794
(Anti-Overloading Law) are barred from enforcing the provisions of this Memorandum.

Previous instances or orders inconsistent herewith are deemed revoked or superseded.

For strict compliance.

(Signed)
ATTY. ROBERTO P. CABRERA III
Assistant Secretary
 REPUBLIC ACT NO. 10913, JULY 21, 2016
AN ACT DEFINING AND PENALIZING DISTRACTED DRIVING
 SALIENT POINTS OF THIS ACT

• Sec. 4. Distracted Driving. – Subject to the qualifications in Sections 5 and 6 of this Act, distracted driving refers to the performance by a motorist of any of the following acts in a motor vehicle
in motion or temporarily stopped at a red light, whether diplomatic, public or private, which are hereby declared unlawful;cralawlawlibrary

(a) Using a mobile communications device to write, send, or read a text-based

communication or to make or receive calls, and other similar acts; and

(b) Using an electronic entertainment or computing device to play games, watch

movies, surf the internet, compose messages, read e-books, perform calculations, and
other similar acts.
Sec. 5. Extent of Coverage. – (a) The operation of a mobile communications device is not considered to be distracted driving if done using the aid of a hands-free function or similar device such
as, but not limited to, a speaker phone, earphones and microphones or other similar devices which allow a person to make and receive calls without having to hold the mobile communications
device: Provided, That the placement of the mobile communications device or the hands-free device does not interfere with the line of sight of the driver.

(b) Wheeled agricultural machineries such as tractors and construction equipment such as graders, rollers, backhoes, pay
loaders, cranes, bulldozers, mobile concrete mixers and the like, and other forms of conveyances such as bicycles, pedicabs,
habal-habal , trolleys, “kuligligs”, wagons, carriages, carts, sledges, chariots or the like, whether animal or human-powered,
are covered by the provisions of this Act as long as the same are operated or driven in public thorough fares, highways or
streets or under circumstances where public safety is under consideration.
(c) The provisions of this Act shall not apply to motorists of motor vehicles which are not in motion, except those which are stopped momentarily at a red light, or are pulled over to the side of the
road in compliance with a traffic regulation.
 PENALTIES FOR THIS ACT
• Sec. 8. Penalties. – Any person who shall violate any provision of this Act shall be penalized with:

(a) A fine of five thousand pesos (P5,000.00) for the first offense;

(b) A fine of ten thousand pesos (P10,000.00) for the second offense;

(c) A fine of fifteen thousand pesos (P15,000.00) and suspension of driver’s license for three (3) months for the third offense; and

(d) A fine of twenty thousand pesos (P20,000.00) and revocation of driver’s license: Provided, That the implementing agency may increase the amount of fine
herein imposed once every five (5) years in the amount not exceeding ten percent (10%) of the existing rates sought to be increased which shall take effect only
upon publication in at least two (2) newspapers of general circulation: Provided, further, That a driver of a public utility vehicle, a school bus, a school service
vehicle, a common carrier hauling volatile, flammable or toxic material, or a driver who commits an act classified herein as distracted driving within a fifty
(50)-meter radius from the school premises shall be subject to a penalty of thirty thousand pesos (P30,000.00) and suspension of one’s driver’s license for three
(3) months.

The foregoing penalties shall be imposed without prejudice to other liabilities under the Revised Penal Code or any special law, arising out or on occasion of
the herein prohibited acts.

Sec. 9. Liability of Owner and/or Operator of the Vehicle Driven by the Offender. – The owner and/or operator of the vehicle driven by the offender shall be
directly and principally held liable together with the offender for the fine unless he or she is able to convincingly prove that he or she has exercised
extraordinary diligence in the selection and supervision of his or her drivers in general and the offending driver in particular.
 REPUBLIC ACT NO. 10666
AN ACT PROVIDING FOR THE SAFETY OF CHILDREN ABOARD MOTORCYLES
 SALIENT POINTS OF THE OF THIS ACT

• It shall be unlawful for any person to drive a two (2)-wheeled motorcycle with a child on board on public roads where there is heavy volume of
vehicles, there is a high density of fast moving vehicles or where a speed limit of more than 60/kph is imposed, unless:

• (a) The child passenger can comfortably reach his/her feet on the standard foot peg of the motorcycle;

• (b) The child’s arms can reach around and grasp the waist of the motorcycle rider; and

• (c) The child is wearing a standard protective helmet referred to under Republic Act No. 10054, otherwise known the “Motorcycle Helmet Act of
2009.”
 PENALTIES FOR THIS ACT

• Sec. 6. Penalties. – Any person who operates a motorcycle in violation of Section 4 of this Act shall be
fined with an amount of three thousand pesos (P3,000.00) for the first offense; five thousand pesos
(P5,000.00) for the second offense; and ten thousand pesos (P10,000.00) for the third and succeeding
offenses.
• Moreover, for the third offense, the driver’s license of the offender shall be suspended for a period of
one (1) month.
• Violation of these provisions beyond the third time shall result to automatic revocation of the
offender’s driver’s license.
 REPUBLIC ACT NO. 10586
AN ACT PENALIZING PERSONS DRIVING UNDER THE INFLUENCE OF ALCOHOL,
DANGEROUS DRUGS, AND SIMILAR SUBSTANCES, AND FOR OTHER PURPOSES

HORIZONTAL EYE NYSTAGMUS

ONE LEG STAND

ALCOHOL BREATH ANALYZER

WALK AND TURN FIELD SOBRIETY TESTS
SALIENT POINTS OF THE IRR OF
THIS ACT

• Blood Alcohol Concentration (BAC) refers to the measure of amount of alcohol in a person’s blood.
• Driving under the influence of alcohol (DUIA) refers to the act of operating a motor vehicle while the driver’s BAC level has, after being
subjected to an ABA test, reached the level of intoxication, as established jointly by the DOH, the NAPOLCOM and the DOTC, in these
Rules. For this purpose, 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.
• 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 or her driver’s license , in addition to other penalties provided herein
and/or other pertinent laws.
• 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. A
LEO may use other alcohol testing equipment, such as Gas Chromatography-Mass Spectroscopy (GCMS), whenever the use of an ABA is
not practicable under prevailing circumstances.
 PENALTIES FOR THIS ACT

• A driver found to have been driving a motor vehicle while under the influence of alcohol, dangerous drugs and/or other similar substances, as
provided for under Section 5 of RA10586, shall be penalized as follows:
• a. If the violation did not result in physical injuries or homicide, the penalty of three (3) months imprisonment, and a fine ranging
from Twenty thousand pesos (Php 20,000.00) to Eighty thousand pesos (Php 80,000.00) shall be imposed;
• b. If the violation 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, and a fine ranging from One hundred thousand pesos (Php 100,000.00) to
Two hundred thousand pesos (Php 200,000.00) shall be imposed;
• c. If the violation resulted in homicide, the penalty provided in Article 249 of the Revised Penal Code and a fine ranging from Three
hundred thousand pesos (Php 300,000.00) to Five hundred thousand pesos (Php 500,000.00 ) shall be imposed; and
• d. Thenon-professional driver’s license of any person found to have violated the law shall also be
confiscated and suspended for a period of twelve (12) months for the first conviction and
perpetually revoked for the second conviction. The professional driver’s license shall also be
confiscated 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.
 DIRECT LIABILITY OF OPERATOR AND/OR OWNER OF
THE OFFENDING VEHICLE

• The owner and/or operator of the motor vehicle driven by the offender shall be directly and
principally held liable together with the offender for the fine and the award against the offender for
civil damages unless he/she is able to convincingly prove that he/she has exercised extraordinary
diligence in the selection and supervision of his/her drivers in general and the offending driver in
particular.
• This section shall principally apply to the owners and/or operators of public utility vehicles and
commercial vehicles such as delivery vans, cargo trucks, container trucks, school and company buses,
hotel transports, cars or vans for rent, taxi cabs, and the like.
 REPUBLIC ACT NO. 10916
AN ACT REQUIRING THE MANDATORY INSTALLATION OF SPEED LIMITER IN PUBLIC UTILITY
AND CERTAIN TYPES OF VEHICLES
JULY 21, 2016
Section 1. Short Title. – This Act shall be known as the “Road Speed Limiter Act of 2016”.

Sec. 2. Declaration, of Policy. – It is hereby declared the policy of the State to maintain at all times the safety and protection of the public.
Towards this end, it shall pursue a more proactive and preventive approach to secure the safety of passengers and public in general on roads
and highways. It shall implement measures to safeguard them from any speed-related road accidents which are not only causing fatalities
but also damage to properties.

Sec. 3. Definition of Terms. – As used in this Act:

(b) Covered vehicle refers to any closed van, hauler or cargo trailer, PUV, shuttle service, or tanker truck as defined under this section and
such other vehicles as may hereinafter be determined and included by the Department of Transportation and Communications (DOTC) for
the purpose of applying the provisions of this Act; excluding taxicabs, and public utility jeepneys (PUJs), without prejudice to the review by
the DOTC after one (1) year on the necessity of their inclusion in the coverage of this Act;

(f) Speed limiter refers to a device used to limit the top speed of a vehicle through the employment of mechanical, electronic or
communications system or the combination of these systems or similar devices capable of performing the same function;

Sec. 4. Mandatory Installation of Speed Limiter. – No covered vehicle, following the effectivity of this Act, shall be allowed to run in any
road, street or highway in the Philippines without a standard speed limiter in accordance with the standards and specifications approved by
the DOTC: Provided, That in case of vehicles which are already registered with any appropriate agency, this requirement shall be complied
with not later than eighteen (18) months from the effectivity of this Act.
 SPEED LIMITER ACT OF 2016
Sec. 5. 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 in compliance with Section 4 and Section 6 hereof.

Sec. 9. Fines/Penalties. –

(a) The driver who operates a motor vehicle covered by this Act 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 above fines, a suspension of the driver’s license for a period of one (1) month or franchise of a motor vehicle for a
period of three (3) months, as the case may be, shall be imposed upon the offender who commits the abovementioned violations for
the first time.

For the commission of any of the foregoing prohibited acts for the second time, the driver’s license of the offender shall be suspended
for a period of three (3) months or the franchise of a motor vehicle shall be suspended for a period of six (6) months, as the case may
be, in addition to the fines herein imposed.

For the subsequent commission of any of the foregoing prohibited acts, the driver’s license of the offender shall be revoked or the
franchise of a motor vehicle shall be suspended for a period of one (1) year, as the case may be, in addition to the fines herein
imposed.

(c) Any person who is found guilty of tampering as defined in this Act 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).

The provision of this section shall be applied without prejudice to criminal prosecution or civil action under existing applicable laws.
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