Traffic_law_in_the_Philippines

Traffic law in the Philippines

Traffic law in the Philippines

Rules of the road in the Philippines


Traffic law in the Philippines consists of multiple laws that govern the regulation and management of road transportation and the conduct of road users within the country.

The Land Transportation Office, which is responsible for the regulation and enforcement of land transportation rules and regulations.

The official and latest traffic code of the Philippines is Republic Act No. 4136, also known as the "Land Transportation and Traffic Code", which was enacted into law on June 20, 1964.[1]

Applicable laws

The following table lists all Philippine laws applicable to the governance of road transportation and road users across the Philippines or in specific major areas within the country.

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The following laws are only applicable to the Metro Manila area.

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Since its enactment in 1964, there have been 12 amendments to RA 4136, the latest being in 2017.

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Definitions and coverage

Vehicles

Motor vehicles are defined by RA 4136 and the Metro Manila Traffic Code as any vehicle propelled by any power other than human power. Exceptions to this definition include vehicles on railway tracks, motor vehicles such as road rollers, trolley cars, street sweepers, sprinklers, lawn mowers, bulldozers, graders, forklifts, amphibian trucks, and cranes when not on public roads, as well as tractors, trailers, and vehicles with traction engines used exclusively for agriculture. In addition, trailers with any number of wheels propelled or intended to be proplled by a motor vehicle are classified as a separate motor vehicle.[1][21]

Regulations for the use of bicycles and other non-motorized vehicles are defined by the DOTr in Department Order No. 2020-14.[17]

Motor vehicle classifications

Motor vehicles in the Philippines are classified according to whether they are propelled by diesel, electric, or gasoline powered motor engines, as well as their maximum design speed and vehicle weight. Electric motor vehicles, including electric cars, electric buses, electric trucks, electric motorcycles and scooters, electric bicycles, and other similar vehicles are classified similarly to gasoline and diesel motor vehicles subject to different restrictions.[18]

Land Transportation Office (LTO) Administrative Order No. 2021-039, which was issued on May 11, 2021, classifies these vehicles into different classifications. Some of these classification may regulate the roads that these vehicles are permitted to operate on, the requirement of vehicle registration and need for a driver's license to operate, and the requirement of a motorcycle or bicycle helmet.[18]

These guidelines were revised in 2024 through LTO Administrative Order No. VDM-2024-044, which requires all electric vehicles on public highways to be registered with the LTO, except for those used only on private roads. The revised guidelines also changed the bicycle helmet requirement for some classifications to use motorcycle helmets.[20]

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Roads

All public roads and highways, defined as thoroughfares, boulevards, driveways, avenues, parks, and alleys are covered by RA 4136. This does not include corridors within private property or any institutions.[1]

Republic Act No. 917 or the Philippine Highway Act of 1953 prohibits highways, bridges, or right-of-ways covered by RA 4136 from being obstructed, or from being usurped or converted to private use. The act also prohibits the removal or tampering of road infrastructure such as markers, signs, and other road-side facilities.[34]

RA 4136 also applies to limited-access highways, more commonly known as expressways, alongside additional traffic laws and restrictions provided by Republic Act No. 2000 and DPWC Administrative Order No. 1 series of 1968.

In Metro Manila, the Metro Manila Traffic Code covers all roads and public places within the metro.[21]

Parking

Under RA 4136 and the Metro Manila Traffic Code, a motor vehicle is considered to be parked when it has been stopped on the shoulder or edge of a highway for an "appreciable" period of time. A motor vehicle stopping to unload passengers or cargo is not considered to be parked if the vehicle moves away "without delay".[1][21]

Standard rules

List of some standard rules of the road for motor vehicles and animal-drawn vehicles, all based on RA 4136:[1]

Speed limits

Speed limits for motor vehicles across the country are defined by RA 4136 based on the type of roads and their conditions. A higher speed limit is generally applied to light motor vehicles while lower speed limits are applied to heavier motor vehicles.[1] Pursuant to DILG-DPWH-DOTr Joint Memorandum Circular 2018-001, local government units may designate lower maximum speed limits on local roads in the interest of road safety.[16][21]

Lane splitting and filtering

Lane splitting and lane filtering is not explicitly illegal on Philippine roads for any type of vehicle. However, lane sharing (which is incorrectly defined as "lane splitting") is considered illegal for motorcycles under LTO Administrative Order 2008-015, which states that a motorcycle or scooter must observe one lane per vehicle only.[9] This policy however, is not actively enforced on the road.[35]

Section 3 of DPWC AO No. 1 s. 1968 prohibits any vehicle from lane splitting, lane sharing, or lane filtering on all expressways in the Philippines. This also applies to motorcycles, as of DPWH Department Order No. 123 s. 2001.[5][36]

Overtaking lanes and slow lanes

Expressways in the Philippines have a passing lane designated for overtaking and lanes designated for slow-moving vehicles.[5] This however does not apply to public roads by default.

Section 3 of DPWC AO No. 1 s. 1968 states that slow-moving vehicles must use the right lane and use the left lane only when passing.[5]

Liability in incidents

RA 4136 states that any accident resulting in death or injuries of another person due to negligence or reckless or unreasonable fast driving will be subject to provisions of the Revised Penal Code.[1]

The traffic code also states that in the event of an accident, the driver must stop and show their drivers' license and the details of registration of the vehicle to the other parties involved. No driver of a motor vehicle involved in an accident should leave the scene without aiding any victims except if there is imminent danger of harm, if the incident is reported to law enforcement, or if medical services are called.[1]

The Civil Code of the Philippines also dictates in the following articles that the liability of operating motor vehicles falls primarily on the owner or driver:[37]

  • Article 2184 states that in motor vehicle mishaps, the owner is solidarily liable with his driver, if the former, who was in the vehicle, could have, by the use of the due diligence, prevented the misfortune. It is disputably presumed that a driver was negligent, if he had been found guilty of reckless driving or violating traffic regulations at least twice within the next preceding two months. If the owner was not in the motor vehicle, the provisions of article 2180 are applicable.
  • Article 2185 states that unless there is proof to the contrary, it is presumed that a person driving a motor vehicle has been negligent if at the time of the mishap, he was violating any traffic regulation.
  • Article 2186 states that every owner of a motor vehicle shall file with the proper government office a bond executed by a government-controlled corporation or office, to answer for damages to third persons. The amount of the bond and other terms shall be fixed by the competent public official.

In 2004, the Supreme Court of the Philippines ruled in AƱonuevo v. Court of Appeals that Article 2185 was not intended at the time of its creation in 1950 to also cover non-motorized vehicles on the road, affirming previous rulings that have affirmed the higher level of responsibility expected from motor vehicle drivers. The ruling also clarifies the principle of negligence per se, which states that to indict individuals for negligence in an incident, the violation of a statutory duty must directly cause the incident.[38]

Traffic restrictions

Outside of the traffic code, there are traffic restrictions which designate the time and day that certain vehicles or road users are allowed to operate on, as well as specific roads where these restrictions are enforced or exempted on.

Light electric vehicles

In Metro Manila, LEVs such as electric bicycles (e-bicycles), motorized scooters, and electric rickshaws (e-tricycles) are required to use bicycle lanes when traversing major roads as designated by the Metropolitan Manila Development Authority in MMDA Regulation 24-002 and its implementing guidelines in MMDA Memorandum Circular No. 4 s. 2024.[39]

RA 11697 provides that light electric vehicles may also use bicycle lanes.[19] All light electric vehicles with a maximum design speed below 60 km/h (37 mph) are prohibited on roads designated as expressways.[5]

Motorcycles

Motorcycles and mopeds are allowed on most roads with the exception of roads designated as expressways.

Only two-wheeled motorcycles with an engine displacement of 400 cc (24 cu in) and three-wheeled motorcycles with an engine displacement of 600 cc (37 cu in) are allowed to be used on expressways.[5][40]

Some highways, particularly in Metro Manila, have motorcycle lanes where motorcycles are designated to use. However, these lanes are usually not exclusive to motorcycles and allow other road users to use them and require motorcycles to remain in the lane. One exception to this is the motorcycle lane along Commonwealth Avenue where vehicles other than motorcycles may be penalized for unnecessary usage of the motorcycle lane.[41]

Non-motorized transport

Non-motorized vehicles include bicycles, kick scooters, and pedicabs, which are allowed on all public roads unless restricted otherwise.[citation needed]

All non-motorized transport are prohibited on roads designated as expressways.[5]

Bicycle lanes are lanes along roads or separate paths designated for the exclusive or shared use of bicycles, non-motorized transport, and light electric vehicles.[17][19] The generally applied rule is that only personal kick scooters, mobility scooters, bicycles, and pedal-assist bicycles are allowed to use bicycle lanes.[17][18]

In Metro Manila, alongside LEVs, pedicabs and kuligligs are prohibited from traversing major roads and may only cross said roads as designated by the Metropolitan Manila Development Authority in MMDA Regulation 24-002 and its implementing guidelines in MMDA Memorandum Circular No. 4 s. 2024.[39]

Some cities and municipalities have local traffic codes require the registration of bicycles and mandate that bicycles are to be ridden only on bicycle lanes when present along a road, such as in San Juan[42] and Mandaluyong.[43] However, the bicycle-specific sections of the majority of these ordinances are not being actively enforced or may have been forgotten.[citation needed]

Public utility vehicles

Public transport vehicles, such as jeepneys, buses, and the UV Express are restricted to use designated lanes on certain roads. A notable example of this is the EDSA Busway, located on the inner lanes of EDSA in Metro Manila, which is restricted for the exclusive use of EDSA Carousel route buses and authorized government vehicles.

Similar to trucks, buses are to use the outermost lanes on the expressway. On the other hand, both public and private jeepneys are classified the same as cars and are allowed on all lanes.[citation needed]

Tricycles, pedicabs, and motorized tricycles used for public transport are prohibited from using national highways based on the Department of Interior and Local Government (DILG) Memorandum Circular No. 2020-036. This restriction does not apply to those being used for private use.[44]

Trucks

Trucks are prohibited from passing through certain roads due to their large size and concern for safety around trucks. In Metro Manila, a truck ban ordinance prohibits trucks from most roads during the day and designates certain roads that are exempted from the truck ban.[45]

Some highways such as Circumferential Road 5 have designated lanes that trucks must stay in at all times while traversing the road, usually designated on the third lane from the sidewalk.[46] In addition to this, expressways have also designated the outermost lanes as lanes where trucks are only allowed to use.[citation needed]

See also


References

  1. Republic Act No. 4136 (20 June 1964), Land Transportation and Traffic Code, archived from the original on August 30, 2023, retrieved August 30, 2023
  2. Act No. 3992 (10 March 1922), Motor Vehicle Law, retrieved January 25, 2024
  3. Act No. 3992 (3 December 1932), Revised Motor Vehicle Law, retrieved January 25, 2024
  4. Republic Act No. 2000 (22 June 1957), Limited Access Highway Act, archived from the original on November 3, 2023, retrieved November 3, 2023
  5. Department of Public Works and Communications Administrative Order No. 1 (19 February 1968), Revised Rules and Regulations Governing Limited Access Highways (PDF), archived from the original (PDF) on August 9, 2017
  6. Presidential Decree No. 96 (13 January 1973), Presidential Decree No. 96, archived from the original on November 7, 2023, retrieved November 1, 2023
  7. Republic Act No. 8750 (5 August 1999), Seat Belts Use Act of 1999, archived from the original on September 1, 2023, retrieved September 1, 2023
  8. Department of Public Works and Highways Department Order No. 123 (18 July 2001), Revised Rules and Regulations Governing Limited Access Highways (PDF), archived from the original (PDF) on August 9, 2017, retrieved November 23, 2023
  9. Land Transportation Office Administrative Order No. AHS-2008-015 (15 May 2008), Rules and Regulations for the Use and Operation of Motorcycles on Highways, archived from the original on November 3, 2023, retrieved November 3, 2023
  10. Republic Act No. 10054 (27 July 2009), Motorcycle Helmet Act of 2009, archived from the original on May 18, 2023, retrieved September 1, 2023
  11. Republic Act No. 10586 (23 July 2012), Anti-Drunk and Drugged Driving Act of 2013, archived from the original on September 1, 2023, retrieved September 1, 2023
  12. Department of Transportation and Communications Joint Administrative Order No. 2014-01 (2 June 2014), Revised Schedule of Fines and Penalties for Violation of Laws, Rules and Regulations Governing Land Transportation (PDF), archived (PDF) from the original on June 30, 2022, retrieved August 30, 2023
  13. Republic Act No. 10666 (28 July 2014), Children's Safety on Motorcycles Act of 2015, archived from the original on September 13, 2023, retrieved September 1, 2023
  14. Republic Act No. 10913 (20 June 1964), Anti-Distracted Driving Act (PDF), archived (PDF) from the original on January 1, 2023, retrieved September 1, 2023
  15. Republic Act No. 10916 (27 July 2015), Road Speed Limiter Act of 2016, archived from the original on November 1, 2023, retrieved November 1, 2023
  16. Department of Transportation Department Order No. 14 (25 August 2020), Guidelines and Protocols for Active Transportation and Light Mobility Vehicles (PDF), archived (PDF) from the original on November 1, 2023, retrieved November 1, 2023
  17. Land Transportation Office Administrative Order No. 39 (11 May 2021), Consolidated Guidelines in the Classification, Registration and Operation of All Types of Electric Motor Vehicles, archived from the original on November 1, 2023, retrieved November 1, 2023
  18. "Metro Manila Traffic Code of 2023" (PDF). February 1, 2023. Archived (PDF) from the original on November 12, 2023. Retrieved September 1, 2023.
  19. Republic Act No. 5715 (21 June 1969), EAn Act Amending Section Thirty-four of Republic Act Numbered Four Thousand One Hundred Thirty-six, archived from the original on November 3, 2023, retrieved November 3, 2023
  20. Presidential Decree No. 1934 (11 June 1984), Amending Certain Sections of Republic Act Numbered Forty One Hundred And Thirty Six Otherwise Known As The Land Transportation and Traffic Code, archived from the original on August 14, 2018, retrieved November 3, 2023
  21. Executive Order No. 43 (22 August 1986), Restructuring The Private Motor Vehicle Tax (PDF)
  22. Republic Act No. 8794 (27 June 2000), An Act Imposing A Motor Vehicle User's Charge On Owners Of All Types Of Motor Vehicles And For Other Purposes, archived from the original on November 1, 2023, retrieved November 1, 2023
  23. Republic Act No. 917 (20 June 1953), Philippine Highway Act of 1953, archived from the original on September 25, 2021, retrieved January 12, 2024
  24. Chao, Gilbert (November 5, 2022). "Caught in the middle: Why do moto riders split lanes and how is it illegal?". AutoFun. Archived from the original on November 3, 2023. Retrieved November 3, 2023.
  25. "Legal basis of "slow-moving vehicle lanes" and "overtaking lanes" on expressways". eFOI Philippines. November 24, 2023. Archived from the original on December 3, 2023. Retrieved December 8, 2023.
  26. Republic Act No. 386 (18 June 1949), Civil Code of the PhilippinesPublic Domain This article incorporates text from this source, which is in the public domain.
  27. G.R. No. 130003 (20 October 2004), AƱonuevo v. Court of Appeals
  28. MMDA Memorandum Circular No. 04 (25 March 2024), Implementing Guidelines for MMDA Regulation No. 24-002 (PDF)
  29. Tulio, Jason (March 29, 2023). "Report: 1,391 Motorists apprehended on Commonwealth on first day of MC lane policy". Top Gear Philippines. Archived from the original on November 3, 2023. Retrieved November 3, 2023.
  30. San Juan Municipal Ordinance No. 037-04 (30 November 2004), An Ordinance Adopting the New Traffic Code of the Municipality of San Juan, Metro Manila
  31. Mandaluyong City Ordinance No. 588-14 (5 December 2014), Omnibus Traffic Management Code of the City of Mandaluyong
  32. Memorandum Circular No. 2020-036 (17 February 2020), Prohibiting Tricycles, Pedicabs, and Motorized Pedicabs from Operating on National Highways, archived from the original on July 4, 2022, retrieved November 3, 2023
  33. "Truck Ban Ordinance Updated FAQ (June 8, 2022)". Metropolitan Manila Development Authority. June 21, 2022. Archived from the original on November 3, 2023. Retrieved November 3, 2023.

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