CDI 2 REPORT final.pptx

TRAFFIC LAWS,RULES AND REGULATIONS

TRAFFIC LAWS,RULES AND REGULATIONS {.The standards of regulating movements on roads, streets, and, highways are found in traffic laws, rules and regulations

.In the Philippines, the mass of traffic laws, rules and regulations have their source in laws, Presidential decree (P.D.s), Executive Orders and (E.O.s), letters of instructions (L.O.Is), Administrative Orders and Implementing Memoranda and other Special Laws relative to traffic operation and traffic law enforcement. CONCEPT:.As a traffic law enforcer, it is essential that you should be familiar with these rules and regulations

.In addition, traffic signs, pavement markings, and other control devices are traffic law themselves. Violation of such constitute misdemeanor or infraction of law.

A. SOURCES. The following are the basis for the traffic regulations and prohibitions in the country.a. R.A 4136. This is the basic law regulating land transportation in the Philippines. It has repealed Act No. 3992 (The Revised Motor Vehicle Law). Further, as amended by R.A. Nos.5715, 6374, PD Nos. 382, 843, 896, 1057, 1934, 1950, Bp Blg. 43, 74, and 398

b. R.A. 6539. The act which known as the Anti- Carnapping Act of 1972, the act preventing and penalizing carnapping .

1.Republic Acts (R.A.S)c. R,A 548. act imposing a tax on private owned passenger automobiles, motorcycles and scooters, and a science stamp tax, to constitute a special science fund defining the programs, projects and activities of science agencies to be financed there from and for other purposes.

d. R.A 8749. Also known as the Clean air Act which regulates emission of toxic gases of both gasoline and diesel engines and bans the use of leaded gas for gasoline engines.

e. R.A. 8750 .It provides for the attachment of seat belts for all types of motor vehicles and imposes penalty for the no compliance there of.

f. R.A. 7924 The act creating the Metro politan Manila Development Authority , defining its powers and functions, providing funds thereof and other purposes.a. P.D No. 96. regulating the use of sirens, bells, horns bell, etc. on motor vehicles which produce unusual or startling sounds as well as blinkers and other similar devices unless the vehicle belongs to the AFP, NBI, PNP, BJMP, Hospitals and Fire departments and are specifically intended for use in emergencies.

b. P.D. No. 101.expediting the methods of prescribing redefining or modifying the lines and modes of operations of public utility motor vehicles in the Philippines .

c. P.D No.207 . Declaring as pert of the laws of the Philippines the viena convention on road traffic, signs and signals.2. Presidential Decrees (P.D.s)d. P.D No. 612. Requiring compulsary insurance for all types of motor vehicles against third party liability as an additional pre-requisites for registration by the LTO.

e. P.D 1686. Imposing a tax on every motor vehicle equipped with air conditioner.

f. P.D 1181. Providing for the abatement of air pollution from motor vehicle and for other purposes.

g. P.D 1605. Granting the metro politan manila commission certain powers related to traffic management and control in metropolitan manila providing penalties, and for other purposes. .h. P.D 98. Regulating the issuance of license plates of all motor vehicles i. P.D 109. Modifying P.D. 98.

j. P.D. 1729. Authorizing the bureau of land transportation to dispose of impounded motor vehicles unclaimed by owners for a certain period of time.

k. P.D. 1730. Declaring the syndicated, manufacture, distribution, possession or use of fake official bureau of land transportation forms ,documents, plates and stickers as offenses involving economic sabotage.

.a. L.O.I No. 43. providing for the removal of all impediments on roads, streets, and highways such as constructions, stalled or parked vehicles and other movable property that obstruct free passage . This LOIU abrogated city or municipal ordinances governing the disposition of traffic on city and municipal streets throughout the country.

b. L.O.I No. 112. Prohibiting freight and cargo trucks from using roads, highways and bridges whose load capacities are in excess of specific allowable limits.

3. Letters of Instruction (L.O.I.s)c. L.O.I No. 229 Requiring all motor vehicle owners , users, or drivers to have in their Possession at all times while driving at least one pair of early warning device (EWD)for use when the vehicle is disable on roads, streets and highways or other emergencies compelling the vehicle to be on stop position.

d. L.O.I No. 716 Every motor vehicle to equip at least a pair of early warning devices.

e. L.O.I No.551 Directing the law enforcement agencies to implement the pollution control program.

.L.O.I. 853 Calling for the national tripartite conference to consider the establishment of viable labor management relations based upon the boundary system in land transportation.

L.O.I. 1009 All owners of private motor vehicles who desire to stop operating or using their number plates an d registration certificates to surrender to BLT.

L.O.I. 1071 Owners and/or operators of motor vehicles are authorized to pay then annual premiums for then insurance of their motor annual premiums for the insurance of their motor vehicles on quarterly basis..DOTC D.O. 88-305 Rules of pleadings , practice and procedure for appeals on franchising , fare rates charges and other related matters pertinent to land transportation public utilities .

D.O 93-693 Revised schedule of administrative fees and charges of the land transportation office.4. Department orders (D.O.s)Administrative Order No. VIII, S-1968, LTC Requiring the towing and impounding of stalled motor vehicles on public highways and other impositions of corresponding fees thereof.

Administrative Order No.1, S-1873, LTC. Prescribing guidelines and procedures in the implementation of PD No. 96

Administrative Order No.1, S-1975, LTC. Laying down specific rules of action in the imposition of uniform fines and penalties for violation of the provisions of R.A. 4136

Administrative Order No.101-IRM, LTC Enumerating and identifying various city streets where parking is prohibited

5.Administrative and special ordersLTC Memorandum to all patrol officers , deputies and agents dtd 09 august 1975 . Directing the motor vehicles whose loads are rice , cereals ,fertilizers and other prime commodities are not to be apprehended and stopped on roads and highways except only in cases of serious violations.

LTC Memorandum circular No. 33, dated 12 september 1972 . Providing guidelines in the apprehension of illegally parked motor vehicles.

LTC Circular No. 15, dated 19 january 1972. Regulating and laying instructions in the use of special commemorative motor vehicle plates.6.Memorandum circularsd. M.C. 94-199. aide-memoir regarding retention and authority by LTO to register motorized tricycles under R.A. 4136, and guidelines to implement devolution of LTFRBs franchising authority over TCs per R.A. 7160 issued by DOTC.

e. M.C. 94-188 Issuance of drivers license to disabled persons.

f. M.C. 92-146. Re-implementation of LOI 229 , as amended by LOI 479 directing the installation of early warning devices of motor vehicles.E. M.C. 94-188. Issuance of drivers license to disabled persons.

F. M.C. 92-146. Re-implementation of LOI 229, as amended by LOI 479 directing the installation of early warning devices of motor vehicles.

G. M.C. 94-192. diesel smoke emission test for motor vehicles.

H. M.C. 90-020. Directing all public land transportation service operators and drivers to display in any conspicuous place of their vehicles the authorized fare matrix for the specific route granted them to avoid conflict. {I. M.C. 93-01. Enjoining all public utility operators to use garage instead of public places or side streets in parking their vehicles.

J. M.C. 94-002 Sanctions on operators arising from the violation of their drivers.

K. M.C. 94-209. Clarificatory guidelines for the registration/operation of new private vehicles particularly in the use of conduction sticker.7. Executive orders (E.O.s)

E.O. 125. Reorganizing the DOTC, defining its power and functions and for other purposes.

E.O. 266. Providing for two service units in the Office of the Asst. Sec. for Land Transportation in the DOTC (Law Enforcement Service-LES and Traffic Adjudicatory Service-TAS), defining the powers and functions thereof and for other purposes.

E.C. 202. Creating the Land Transportation Franchising and Regulatory Board (LTFRB).D. E.O. 248. Empowering the Land Transportation Commission to control and supervise the operations of motor vehicle driving schools.

8. Other Special Laws, Statutes, etc.A. Batas Pambansa Blg 344 (B.P. 344) Act ti enhance the mobility of disabled persons by requiring certain buildings, institutions, establishments and public utilities to install facilities and other devices. Sec. 1, Par. 2. In the case of the parking place of any of the above institutions, buildings, or establishments, or public utilities, suitable space for the use of disabled persons.

Sec. 2. In case of public conveyance, devices such s the prominent display of posters, stickers shall be used to generate public awareness of the rights of the disabled and posters understanding of their special needs. Discriminating against disabled persons in the carriage or transportation of passengers is hereby declared unlawful. B. Memorandum Unnumbered dated July 13, 1992. Early Warning Device(EWD) not a requirement for registration.

C. SC Bars Lewmen from removing Plates (187 SCRA 432).IMPORTANT PROVISION OF R.A 4136Motor Vehicle. Shall mean any vehicle propelled by any power other than muscular power using the public highways, but excepting road rollers, trolly cars, street sweepers, sprinkles, lawn mowers, bulldozers, graders, fork-lifts, amphibian trucks, and cranes if not in used in public highways, vehicles which runs only on rails or tracks, and tractors, trailers and traction engines of all kinds used exclusively for agricultural purposes.

Passenger Automobiles. Shall mean all pneumatic tire vehicles of types similar to those usually known under the following terms touring car, command car, speedster, sports car, roadster, jeep, cycle car, (except motor wheel and similar small outfits which are classified with motorcycles), coupe, landaulet, limousine, cabriolet, and sedan.

Articulated vehicle. Shall mean any motor vehicle with a trailer having no front axle and so attached that part of the trailer rests upon the motor vehicle and a substantial part of the weight of the trailer and of its load is borne by the motor vehicle. Such trailer shall be called as semi-trailer.

Driver. Shall mean every and any licensed operator of a motor vehicle

Professional driver. Every and any driver hired for driving or operating a motor vehicle, whether for private use or for hire to the public.

6. Owner . The actual legal owner of a motor vehicle, in whose in whose name such vehicle is duly registered with LTO.

7. Dealer. Every person, association, partnership, or corporation making, manufacturing, constructing, assembling, remodeling, or setting up motor vehicles; and every such entity acting as agent for the sale of one or more makes, styles, or kinds of motor vehicles, dealing in motor vehicles keeping the same in stock or selling same or handling with a view to trading same. Garage. Any building in which two or more motor vehicles, either with or without drivers, are kept reader for hire to the public, but shall not include street stands, public service stations, or other public places designated by proper authority as parking spaces for motor vehicles for hire while awaiting or soliciting business.

Gross weight. The measured weight of a motor vehicle plus the maximum allowable carrying capacity in merchandise, freight and/or passengers, as determined by the commissioner of the LTO.

10. Highways. Every public thoroughfare, public boulevard, driveway, avenue, park, alley and callejon, but shall not include roadway upon grounds owned by private persons, colleges, universities, or other similar institutions.

11. Parking or parked. Shall mean that a motor vehicle is parked or parking if it has been brought to a stop on shoulder or proper edge of a highway, and remains in active in that place or close thereto for an appreciable period of time.

12. Tourist. A foreigner who travels from place to place for pleasure or culture.B. Selected Provisions of R.A. 4136.

1. Exceeding Registry Capacity (overloading). Passengers, freight or cargo load of a motor vehicle should not be more than its registered carrying capacity.

2. Cargo Carrying Devices. The construction of devices for carrying cargo at the rear or sides of trucks may be allowed, subject to the approval of the Commissioner, but the total net weight of the device, including cargo, must not exceed 100kilos (sec. 32)

3. Riding on Running Board. It is strictly prohibited, except for conductors collecting passengers fare4. Riding on top of the motor vehicle. Passengers shall not be allowed to ride on top of motor vehicles, but baggage of freight my be carried on top of the truck, provided that the weight thereof is not more than 20 kilos per square meter distributed in such a way as not to endanger passengers or the vehicles ability(sec. 32, b)

5. Required Motor Vehicle Accessories. Every motor vehicles when operated on a traffic way should have the following specified accessories: TiresBrakeHornsHeadlightTail lightStop lightWind shieldUse of red flagMufflers6. Hitching on to a Vehicle. The following practices are prohibited:Hanging on to or riding on the outside or rear end of any vehicleHolding on to any moving vehicle whether on foot or otherwise.Drivers allowing any person to hang on to or ride outside of or the rear end of the vehicle(Sec. 51)

7. Driving while under the influence of liquor or other Prohibited drugs. It is absolutely prohibited to operate an motor vehicle the influences of liquor or other prohibited drugs(Sec. 53)8. Obstruction of traffic. Obstruction of traffic by operating a motor vehicle in such a manner as to obstruct, block, or impede the passage of another vehicle is prohibited. This prohibition applies even when discharging or loading passengers(Sec. 54)

9. Duties of driver in case of accident. In the event that any accident should occur as a result of the operation of the motor vehicle upon a highway, the driver shall observe the following:Stop immediatelyShow his drivers license to inspecting traffic law enforcerGive his true name and address, including that of the owner of the vehicle.Assist injured persons.Take measures to protect belongings of passengers. Report the accident(Sec. 55)10. When could a driver leave the area of accident without being held liable for HIT-AND-RUN?His life is in imminent danger if being harmed by other person/s by reason of the accident;He surrenders to proper authority; andHe summons the assistance of a physician to aid the victimREGISTRATION OF MOTOR VEHICLESR.A. 4136, mandates that all motor vehicle shall be registered by its owner before the designated District offices of the Land Transportation Office. Law enforcement Officers should keep themselves abreast with the proper procedures of registering motor vehicles having expired registrations.

On the other hand, motor vehicle owners as well as drivers should be aware of the provisions on motor vehicle registration to avoid unnecessary delays and penalties whenever registration-related oprehensions occur.Classification of registered motor vehiclesPrivate(not for hire)- Public Utility Vehicles(PUV a.k.a for hire)GovernmentDiplomat

Plate Numbers- upon registration, motor vehicles are assigned with plat numbers. The letter and numeral prefixes as well as the assigned colors are based on the date and the place of registration and purpose of the registered motor vehicles. Green with white backgroundBlack with yellow backgroundRed(maroon) with white background4. blue with white background Commemorative plate

C. Schedule of registration- registration on motor vehicles should be done annually which follows the numerical suffixes of their plate numbers.

Last Digit of plate numberDiddle Digit of Plate NumberWeekly Deadline (Working days if the month only)1-Jan 6-Jun2-Feb 7-Jul3-Mar 8-Aug4-Apr 9-Sep5-May 0-Oct1 2 3 4 5 6 7 8 9 01 2 3 4 5 6 7 8 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 28 29 39 31Letter prefixes on Plate Numbers. The letter prefixes indicates:1. Place of initial registration of the motor vehicles, 2. Year if initial registration and the possible year model of the registered motor vehicle could be determined from the order of the letter prefixes, e.g., the higher the letters the later the year of the registration and year model of the motor vehicle.Example: vehicle 1-PLT 255 vehicle 2-TNU 636

Between the above motor vehicle, Vehicle 1 was registered earlier than Vehicle 2 and possibly, vehicle 2s model is later than vehicle 1.

Special Plate Numbers of government OfficialsPresident of the PhilippinesVice president of the Philippines Senate President