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Mga Batas Pambansa : MGA BATAS PAMBANSA
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BATAS PAMBANSA BILANG. 398BATAS PAMBANSA BLG. 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
Section 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:
"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.
"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repealed.
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.
"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.
"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
(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:
"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.
"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.
"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:
"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.
"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.
(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.
"(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:
"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."
Sec. 9. Section twenty-nine of the same Act is
hereby amended to read as follows:
"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:
"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."
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.
"(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.
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.
"(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.
"(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.
"(e) Driving a motor vehicle without first securing
a driver's license, five hundred pesos fine and imprisonment of not
exceeding fifteen days.
"(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 Section s 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 Section s forty-nine, fifty-one,
and fifty-two, a fine of not less than twenty-five pesos nor more than
fifty pesos.
"(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.
"If the violation is committed by a public officer or employee, the
offender shall furthermore suffer perpetual absolute disqualification.
"(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.
"(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."
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.
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.
Sec. 15. This Act shall take effect upon its
approval.
Approved: May 18, 1983.
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