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Batas Pambansa Bilang 398
AN
ACT AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED FORTY-ONE
HUNDRED
AND THIRTY-SIX, OTHERWISE KNOWN AS THE LAND TRANSPORTATION AND TRAFFIC
CODE.
chan
robles
virtual law library
BATAS
PAMBANSA BILANG 398AN
ACT AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED FORTY-ONE
HUNDRED
AND THIRTY-SIX, OTHERWISE KNOWN AS THE LAND TRANSPORTATION AND TRAFFIC
CODE.chan
robles
virtual law library
chan
robles virtual law librarySection
1. Section nineteen of
Republic Act Numbered Forty-one hundred and thirty six otherwise known
as the Land Transportation and Traffic Code, is hereby amended to read
as follows:chanroblesvirtuallawlibrarychanrobles virtual law library
"Sec.
19. Duty to have license.
— Except as otherwise specifically provided in this Act, it shall be
unlawful
for any person to operate any motor vehicle without having in his
possession
a valid license to drive a motor vehicle.chanrobles virtual law library
"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."
Sec.
2. Section twenty of the
same Act is hereby repealed.chanrobles virtual law library
Sec.
3. Section twenty-two of
the same Act is hereby amended to read as follows:
"Sec.
22. Application for driver's
license, fees, examination. — Every person who desires to personally
operate
any motor vehicle shall file an application to the Director or his
deputies
for a license to drive motor vehicles: Provided, however, That no
person
shall be issued a professional driver's license who is suffering from
contagious
diseases, such as tuberculosis, sexually transmitted diseases and
epilepsy
or who is an alcohol or drug addict or dependent.chanrobles virtual law library
"Each
such application, except in the case of enlisted men operating
government-owned
vehicles, shall be accomplished 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 Bureau.chanrobles virtual law library
"The
Director or his deputies shall also ascertain that the applicant's
health,
sight and hearing are sound and normal, and is physically and mentally
fit to operate motor vehicles. To this end, the Director or his
deputies
shall require a certificate to that effect, signed by a reputable
accredited
physician.
"An
examination, theoretical and practical, to determine every applicant's
ability and fitness to operate motor vehicles to be conducted by the
Director
in such form and manner as he shall prescribe shall also be required. A
manual containing the general scope of the examinations and such
information
as may be necessary for the guidance of the applicants and for the
purpose
of effectivity and implementation of this Act may be published in an
official
language and distributed at no cost to the applicants.
"No
application for a driver's license shall be received, unless the
applicant:
"(1) For
a professional driver's license, is at least eighteen years of age,
possesses
a valid student-driver's permit and has undergone instruction in the
operation
of motor vehicles for at least five months under a qualified
instructor:
Provided, however, That the period of time the applicant has operated a
motor vehicle with a non-professional driver's license shall be
credited
against the period of instruction required herein; and chanrobles virtual law library
(2) For
a non-professional driver's license, is at least seventeen years of
age,
possesses a valid student-driver's permit and has undergone instruction
in the operation of motor vehicles for at least a month."
Sec.
4. Section twenty-three
of the same Act is hereby amended to read as follows: chanrobles virtual law library
"Sec.
23. Issuance of driver's license,
fees and validity. — If, after such examination, the Director or his
deputies
find that the applicant possesses the necessary qualification and
proficiency
in the operation of motor vehicles, is able to read and write any of
the
official languages or a major dialect and knows how to read and
interpret
various traffic signs, signals and road markings, a professional or
nonprofessional
license may be issued to such applicant upon payment of the fee
prescribed
in accordance with law, but prior to the issuance of said license, the
applicant shall present himself in person and have his photograph taken
by the bureau. All driver's licenses issued shall be signed in the
presence
of the Director or his deputies and shall bear, among others, the full
name, date of birth, height, weight, sex, color of eyes, blood type,
complete
current address, right hand thumbprint of the licensee, license number,
and its date of issue and expiration.chanrobles virtual law library
"In
the issuance of licenses, the Bureau shall use such process or adopt
such
measure as will prevent any alteration or falsification of a license or
will enable the Bureau to detect any unauthorized license.
"Except
for student permits and new licenses, all driver's licenses shall be
valid
for three consecutive years reckoned from the birthdate of the
licensee,
unless sooner revoked or suspended: Provided, however, That, subject to
Section twenty-six hereof, any holder of a professional or
nonprofessional
driver's license who has not committed any violation during the
three-year
period shall be entitled to a renewal of such license for five-year
period."
Sec.
5. Section twenty-four
of the same Act is hereby amended to read as follows:
"Sec.
24. Use of driver's license and
identification card. — Every license issued under the provisions of
this
Act to any driver shall entitle the holder thereof, while the same is
valid
and effective, to operate motor vehicles described in such license:
Provided,
however, That every licensed professional driver, before operating a
public
utility vehicle registered under classification (b) of Section seven
hereof,
as amended by Batas Pambansa Bilang 74, shall secure from the Director,
upon payment of the sum of five pesos, a driver's identification card
which
he shall, at all times while so operating a public utility vehicle,
display
in plain sight in the vehicle being operated. The identification card
shall
be issued simultaneously with the license.
"It
shall be unlawful for any duly licensed driver to transfer, lend or
otherwise
allow any person to use his license for the purpose of enabling such
person
to operate a motor vehicle.chanrobles virtual law library
"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."
Sec.
6. Section twenty-six of
the same Act is hereby amended to read as follows:chanroblesvirtuallawlibrarychanrobles virtual law library
"Sec.
26. Renewal or replacement of
lost license. — Any license not renewed on or before the last working
day
prior to the expiry date of such license as provided for in the third
paragraph
of Section twenty-three of this Act shall become delinquent and
invalid,
except when the license is surrendered to the Director or his deputies
on or before the last working day prior to the expiry date of such
license
as hereinabove specified in order to avoid payment of the delinquency
fees.
"For
a renewal of a delinquent license, there shall be collected as
delinquency
fee, in addition to the basic fee as prescribed, an amount equivalent
to
fifty per cent of said basic fee.
"Every
applicant for renewal of license to operate any motor vehicle shall
present
to the Director or his deputies, in person, the license issued to the
applicant
for the previous period, together with the basic fee hereinabove
prescribed,
and, in the case of professional drivers, three copies of a readily
recognizable
photograph of the applicant taken by the Bureau. In case the applicant
for renewal has committed three or more offenses within a period of one
year, or has suffered any injury or illness that impairs his ability to
operate motor vehicles, he shall be required to undergo a theoretical
and
practical examination in order to determine his ability and fitness to
operate motor vehicles.chanrobles virtual law library
"Lost
License. — In case the license has been lost or cannot be produced, the
licensee shall apply for a duplicate of the original on file with the
Bureau
by filing a sworn statement that such license has been lost and that a
thorough and diligent search was futile and in accordance with the
procedure
which the Director is hereby authorized to promulgate, subject to the
approval
of the Minister of Transportation and Communications.
"The
Director or his deputies are hereby authorized to administer the oath
in
connection with such application."
Sec.
7. Section twenty-seven
of the same Act is hereby amended to read as follows:
"Sec.
27. Authority to suspend, revoke
and reinstate driver's license. — Without prejudice to the authority of
the court in appropriate cases and except as herein otherwise provided,
the Director shall have exclusive power and authority to suspend or
revoke
for cause any driver's license issued under the provisions of this Act.chanrobles virtual law library
"(a) The
Director may suspend for a period not exceeding three months or, after
hearing, revoke any driver's license and may order such license,
whether
confiscated by, and/or in the possession of, any other law enforcement
agencies deputized in accordance with paragraph (d) (1) of Section four
of this Act, 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
Director
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 Director who may, after
reviewing
the case, confirm, reverse or modify the action taken by such deputy.chanrobles virtual law library
"(b) 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
regulations issued by the Director or any municipal or city ordinance
relating
to motor vehicle traffic not in conflict with any of the provisions of
this Act, the Director may revoke or suspend the license of such driver
for a period not exceeding two years.
"(c) The
license suspended or revoked under the provisions of subsections (a)
and
(b) of this section shall not be reinstated by the Director, unless the
driver has furnished a bond in accordance with Section twenty-nine of
this
Act and only after the Director has satisfied himself that such driver
may again safely be permitted to operate a motor vehicle.
"(d) A
decision of the Director revoking or refusing the reinstatement of a
license
under the provisions of this section may be appealed to the Minister of
Transportation and Communications."
Sec.
8. Section twenty-eight of the
same Act is hereby amended to read as follows:chanroblesvirtuallawlibrarychanrobles virtual law library
"Sec.
28. Driver's bond. — The Director
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 five 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 Director for release from such bond, the Director may, after
revoking
or suspending the driver's license, authorize the release of the
bondsmen
from further responsibility thereunder: Provided further, That should
the
director decide not to revoke the license of a driver who has been
convicted
of homicide through reckless imprudence, or of 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 ten
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."chanrobles virtual law library
Sec.
9. Section twenty-nine of the
same Act is hereby amended to read as follows:chanroblesvirtuallawlibrary
"Sec.
29. Confiscation of driver's
license. — Law enforcement and peace officers of other agencies duly
deputized
by the Director shall, in apprehending a driver for any violation of
this
Act or any regulations issued pursuant thereto, or of local traffic
rules
and regulations not contrary to any provisions of this Act, confiscate
the license of the driver concerned and issue a receipt prescribed and
issued by the Bureau 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
be a ground for the suspension and/or revocation of his license."
Sec.
10. Section thirty of the
same Act is hereby amended to read as follows:chanroblesvirtuallawlibrarychanrobles virtual law library
"Sec.
30. Student-driver's permit.
— Upon proper application and the payment of the fee prescribed in
accordance
with law, the Director or his deputies may issue student-driver's
permits,
valid for one year to persons not under sixteen years of age, who
desire
to learn to operate motor vehicles.
"A
student-driver who fails in the examination on a professional or
non-professional
license shall continue as a student-driver and shall not be allowed to
take another examination at least one month thereafter. No
student-driver
shall operate a motor vehicle, unless possessed of a valid
student-driver's
permit and accompanied by a duly licensed driver.
"The
licensed driver duly accredited by the Bureau, acting as instructor to
the student-driver, shall be equally responsible and liable as the
latter
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."chanrobles virtual law library
Sec.
11. Section thirty-two of the
same Act is amended to read as follows:
"Sec.
32. (a) Exceeding registered
capacity, issuance of conductor's license, validity and fee. — No
person
operating any motor 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 the 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 Bureau and pay
the fee prescribed in accordance with law, for said license or permit
issued
in his favor, which shall be valid for three years, and the same is
renewable
on or before the last working day prior to or on his birthdate,
attaching
a readily recognizable photograph taken by the Bureau 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 Director:
Provided,
however, That the total weight of the device, including the cargo,
shall
not exceed one hundred kilos.chanrobles virtual law library
"(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 Director, baggage or freight may
be
carried on the top of a truck so long as 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 allow any person to ride on the
running
board, step board, or mudguard of his motor vehicle for any purpose
while
the vehicle in motion.chanrobles virtual law library
Sec.
12. Section fifty-six of
the same Act is amended to read as follows:
"Sec.
56. Penalty for violation. —
The following penalties shall be imposed for violations of this
Act:
"(a) For
registering later than seven days after acquiring title to an
unregistered
motor vehicle or after conversion of a registered motor vehicle
requiring
larger registration fee than for which it was originally registered, or
for a renewal of a delinquent registration, the penalty shall be a fine
of fifty per cent of the registration fees corresponding to the portion
of the year for which the vehicle is registered for use.chanrobles virtual law library
"(b) For
failure to sign driver's license or to carry same while driving, one
hundred
pesos fine.
"(c) Driving
a vehicle with a delinquent or invalid driver's license, two hundred
pesos
fine or imprisonment not exceeding ten days, at the discretion of the
court.chanrobles virtual law library
"(d) Driving
a motor vehicle with delinquent, suspended or invalid registration, or
without registration or without the proper license plate for the
current
year, three hundred pesos fine or imprisonment not exceeding fifteen
days,
at the discretion of the court. chanrobles virtual law library
"(e) Driving
a motor vehicle without first securing a driver's license, five hundred
pesos fine and imprisonment of not exceeding fifteen days. chanrobles virtual law library
"(f) Driving
a motor vehicle while under the influence of liquor or narcotic drug, a
fine of not less than one thousand pesos or imprisonment of not less
than
three nor more than six months, or both, at the discretion of the court.
"(g) Violation
of Sections thirty-two, thirty-four (a), (b), and (b-1), thirty-five
and
forty-six, a fine not exceeding one hundred pesos: Provided, however,
That
in the case of violation of Section thirty-four (b) the vehicle or
vehicles
affected may not be allowed to operate, unless the requirement provided
in this section are complied with.
"(h) Violations
of Sections forty-nine, fifty-one, and fifty-two, a fine of not less
than
twenty-five pesos nor more than fifty pesos.chanrobles virtual law library
"(i) For
using or attempting to use a driver's license, identification card,
certificate
of registration, number plate, tag or permit in similitude of those
issued
under this Act, or falsely or fraudulently representing as valid and in
force
any driver's license under this Act which is delinquent or which
has been suspended or revoked, a fine of not less than one thousand nor
more than three thousand pesos or imprisonment of not more than six
months,
or both, at the discretion of the court.
"For
making, manufacturing, distributing or selling a driver's license,
identification
card, certificate of registration, number plate, tag or permit in
imitation
or similitude of those issued under this Act, the penalties under the
provisions
of the Revised Penal Code.chanrobles virtual law library
"If
the violation is committed by a public officer or employee, the
offender
shall furthermore suffer perpetual absolute disqualification.chanrobles virtual law library
"(j) For
using private passenger automobiles, private trucks, private
motorcycles,
and motor wheel attachments for hire, in violation of Section seven,
subsections
(a), (b), and (c), of this Act, a fine of two hundred pesos and
suspension
of driver's license for a period of three months for the first
conviction;
a fine of three hundred pesos and six months imprisonment of one year
and
permanent revocation of the driver's license for the third conviction.
"(k) For
permitting, allowing, consenting to, or tolerating the use of
privately-owned
motor vehicles for hire in violation of Section seven, subsections (a),
(b), and (c), of this Act, there shall be imposed upon the owner of the
vehicle as fine of five hundred pesos and the certificate of
registration
shall be suspended for a period of three months for the first
conviction,
and an increase of one hundred pesos in the fine and one month's
suspension
of the registration for each subsequent conviction.chanrobles virtual law library
"(l) For
violation of any provisions of this Act or regulations promulgated
pursuant
hereto, not hereinbefore specifically punished, a fine of not less than
one hundred nor more than five hundred pesos shall be imposed.
"(m) In
the event an offender cannot pay any fine imposed pursuant to the
provisions
of this Act, he shall be made to undergo subsidiary imprisonment as
provided
for in the Revised Penal Code.
"(n) If,
as the result of negligence or reckless or unreasonable fast driving,
any
accident occurs resulting in death or injury of any person, the motor
vehicle
operator at fault shall, upon conviction, be punished under the
provisions
of the Revised Penal Code."chanrobles virtual law library
Sec.
13. The fees and charges
herein provided as well as those provided in other sections of the same
Act may be revised by the Minister of Transportation and
Communications,
upon the recommendation of the Director, subject to the approval of the
Cabinet. Such fees and charges shall be revised at just and reasonable
rates sufficient to cover administrative costs, and, whenever
practicable,
be uniform for similar or comparable services and functions.chanrobles virtual law library
Sec.
14. For purposes of simplicity,
economy and efficiency in operations and implementation, the Director,
subject to the approval of the Minister of Transportation and
Communications,
is hereby authorized to promulgate rules and regulations for the
rational
and equitable issuance and renewal of licenses during the first three
years
following the effectivity of this Act, including the said period.
Accordingly,
the Director shall proportionately reduce the fees corresponding to the
period of validity of the driver's license.chanrobles virtual law library
Sec.
15. This Act shall take
effect upon its approval.chanrobles virtual law library
Approved:
May 18, 1983
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