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[ IRR of REPUBLIC ACT NO. 10930, April 25, 2019 ]
IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 10930 AN ACT RATIONALIZING AND STRENGTHENING THE POLICY REGARDING DRIVER'S LICENSE BY EXTENDING THE VALIDITY PERIOD OF DRIVER'S LICENSES, AND PENALIZING ACTS IN VIOLATION OF ITS ISSUANCE AND APPLICATION, AMENDING FOR THOSE PURPOSES SECTION 23 OF REPUBLIC ACT NO. 4136, AS AMENDED BY BATAS PAMBANSA BLG. 398 AND EXECUTIVE ORDER NO. 1011, OTHERWISE KNOWN AS THE LAND TRANSPORTATION AND TRAFFIC CODE
i. Nonprofessional Driver's License (NPDL) - the authority in the form prescribed by LTO granted to a person to operate a private motor vehicle.ii. Professional Driver's License (PDL) - the authority in the form prescribed by LTO granted to any driver hired or paid for driving or operating a motor vehicle, whether for private use or for hire to the public.
i. Grave Violation - a traffic violation committed in willful or wanton disregard for the rights or safety of persons which poses a real threat of serious injury to the driver, his/her passengers or the general public, or which may cause undue ruin or substantial damage to property as listed in the Violation Demerit Point Schedule (Appendix 1).ii. Less Grave Violation - a traffic violation identified as having been committed so as to endanger or to be likely to endanger any person or property which is not so serious as to qualify under the immediately preceding classification as enumerated in the Violation Demerit Point System (Appendix 1).iii. Light Violation - may refer to a minor or simple infraction of traffic laws, rules, regulations and ordinances and those not otherwise classified as grave or less grave.
a. the person admits the apprehension, or the person has not filed an apprehension contest and the prescribed contest period has lapsed; orb. the person contests the apprehension but obtains unfavorable resolution after adjudication.
Categories of Violations | Demerit Point/s |
| a. Grave Violations | 5 |
| b. Less Grave Violations | 3 |
| c. All other violations not otherwise enumerated as grave or less grave which shall be considered as light | 1 |
Demerit Points from Date of Issuance | Period of Prohibition |
1 - 2 | 3 months |
3 - 4 | 6 months |
5 or more | 1 year |
a. Any officer who, in any manner, issues a driver's license without the necessary examination, connives with the applicant for the irregular issuance of a license, or who, by gross negligence, issues a driver's license, or who, by gross negligence, issues a driver's license to an unqualified applicant shall suffer a penalty of removal from the service with all the accessory penalties attached thereto;b. A fine in the amount of Twenty thousand pesos (P20,000.00) shall be imposed upon an applicant for a driver's license found to have committed any of the following acts:1. Willful misrepresentation with respect to material information in one's application;2. Connivance with the officer in the irregular conduct of examination or issuance of license;3. Falsification of documents; or4. Cheating during examinations.
Any or all the acts abovementioned shall be punished whether or not a license was granted by reason of such misrepresentation, connivance, and falsification or cheating.In addition to the abovementioned fine, the driver's license of erring applicant, if one is granted by reason of such misrepresentation, connivance, falsification or cheating, shall be revoked, and the applicant shall be prohibited from applying for a period of two (2) years. The repetition of such offense shall warrant the perpetual disqualification from being granted driver's license in addition to the fine above-stated; andc. A holder of the driver's license who acts in violation of the provisions of Republic Act No. 4136 and other existing traffic laws shall suffer corresponding penalties as may be provided by law and other issuances.In case of death or physical injuries resulting in the loss of any part of the victim's body or the use thereof, insanity, imbecility, impotence or blindness, or incapacity to work for more than ninety (90) days, the license of the offending driver shall be revoked for a period of four (4) years, after a finding by the court that such driver was negligent or at fault. Notwithstanding the non-filing of an action in court or the amicable settlement of the dispute, the Assistant Secretary may still exercise his authority to suspend or revoke the license of the driver who has caused such death or serious physical injury after his determination that the driver is an improper person to operate motor vehicles.
Section 21. Review of Penalties. - The Secretary of the DOTr, upon the recommendation of the LTO, after due hearing and publication, shall have the power to increase or adjust the fine herein imposed once every five (5) years. Provided, That in no case shall be increase be more than five percent (5%) of the fine sought to be increased.
RULE V - RESPONSIBILITIES OF IMPLEMENTING AGENCIES
Section 22. Repository of Records. - The Land Transportation Office shall serve as the central repository of all traffic violation records.
Section 23. Reportorial Requirements. - In consonance with the preceding section, the local government units (LGUs), the Metropolitan Manila Development Authority (MMDA) or other agencies lawfully issuing traffic violation receipts shall upload the apprehension report online to the LTO facility to be developed for this purpose.
In the meantime, the local government units (LGUs), the Metropolitan Manila Development Authority (MMDA) or other agencies lawfully issuing traffic violation receipts shall transmit the apprehension report in the form prescribed by LTO3 containing all the information relevant to the traffic violation within ten (10) working days from the date of apprehension to the LTO District Offices or Regional Office which has the geographical area of responsibility (GAOR).
However, traffic agents of LGUs are prescribed from confiscating driver's license carrying out their traffic law enforcement activities unless they are duly deputized by the MMDA within Metro Manila or by the LTO4.
Driver's licenses of violators included in the apprehension reports submitted by LGUs and the MMDA shall be placed on alarm in the LTO Law Enforcement and Traffic Adjudication System within twenty-four (24) hours from receipt of the report. For this purpose, no demerit points shall be incurred by and recorded against the driver-violator until the submission by the LGU or MMDA of a complete updated report on apprehension cases5 indicating whether such apprehension was admitted, uncontested, or affirmed or dismissed on adjudication which shall be submitted not later than three (3) working days from the lapse of the prescribed contest period of the apprehending agency.
Section 24. Online Renewal Process. - In line with the implementation of a new LTO IT system, the LTO shall create an online process for the renewal of professional and nonprofessional driver's license.
Section 25. Information, Education and Communication Campaign. - The Department of Transportation (DOTr) and the LTO shall, in coordination with the Land Transportation Franchising and Regulatory Board (LTFRB) and other concerned agencies and private stakeholders, aggressively and regularly conduct a nationwide information, education and communication (IEC) campaign on road safety, including the list of measures implemented pursuant to and violations punishable under Republic Act No. 4136 and other existing traffic laws.
Section 26. Research and Development. - The LTO shall conduct continuing research and development to ensure the efficient administration of the driver's licensing system.
RULE VI - TRANSITORY AND FINAL PROVISIONS
Section 27. Transitory Provisions. - After the effectivity of this IRR, all driver's licenses with a validity of three (3) years shall be entitled to a renewal valid for five (5) years.
All holders of driver's licenses with 5-year validity shall undergo comprehensive driver's education on road safety and proper road courtesy upon the holder's first renewal of driver's license after the effectivity of this IRR.
Section 28. Separability Clause. - If any provision or part hereof is held invalid or unconstitutional, the remainder of the IRR or provisions not otherwise affected shall remain valid and subsisting.
Section 29. Repealing Clause. - All laws, rules and regulations, issuances or parts thereof inconsistent with this IRR are hereby revoked, repealed, amended or modified accordingly.
Section 30. Effectivity. - This IRR shall take effect upon its publication in the Official Gazette or in a newspaper of general circulation, and upon registration with the Office of the National Administrative Register at the University of the Philippines Law Center, U.P. Diliman, Quezon City.
(SGD.) ARTHUR P. TUGADE
Secretary
Department of Transportation
______________________
1 Refer to Appendix 1 for the Violation Demerit Point Schedule containing the list of categorized traffic violations
2 Section 30 of Republic Act No. 4136 as amended by Batas Pambansa Blg. 398
3 Refer to Appendix 2 for the pro-forma Traffic Violation Apprehension Report
4 Pursuant to Section 3.4 of DILG-DOTC Joint Memorandum Circular No. 01-2008 dated September 10, 2008 and in conformity with Section 29 of Republic Act No. 4136, Section 5 of Presidential Decree No. 1605, and Section 5(f) of Republic Act No. 7924.
5 Refer to Appendix 3 for the Updated Report on Apprehension Case/s form
______________________
APPENDIX 1
VIOLATION DEMERIT POINT SCHEDULE
A. GRAVE VIOLATIONS (5 Demerit Points) | B. LESS GRAVE VIOLATIONS (3 Demerit Points) | c. LIGHT VIOLATIONS (1 Demerit Points) |
| * Driving a motor vehicle used in the commission of a crime upon conviction by regular court or competent jurisdiction | * 2nd offense of Sec. 3 of R.A. 10666 (Children's Safety on Motorcycles Act of 2015) for driving a two (2)-wheeled motorcycle with a child on board on public roads where: | * 1st offense of Sec. 3 of R.A. 10666 (Children's Safety on Motorcycles Act of 2015) for driving 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 |
| * Commission of a crime in the course of apprehension upon conviction by a regular court of competent jurisdiction | ||
| * Colorum violation | ||
| * Driving a motor vehicle while under the influence of alcohol, dangerous drugs and/or similar substance upon final conviction by a regular court of competent jurisdiction [Sec. 12 of R.A. No. 10586 (Anti-Drunk and Drugged Driving Act of 2013)] | * 2nd offense of Sec. 4 of R.A. 10913 (Anti-Distracted Driving Act) for acts in a motor vehicle in motion, or temporarily stopped at a traffic light or any intersection, whether diplomatic, public or private: - 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 - Using an electronic entertainment or computing device to play games, watch movies, surf the internet, compose messages, read e-books, perform calculation, and other similar acts | * 1st offense of Sec. 4 of R.A. 10913 (Anti-Distracted Driving Act) for acts in a motor vehicle in motion, or temporarily stopped at a traffic light or any intersection, whether diplomatic, public or private: - 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 - Using an electronic entertainment or computing device to play games, watch movies, surf the internet, compose messages, read e-books, perform calculation, and other similar acts |
| * 3rd and succeeding offenses of Sec. 3 R.A. 10666 ((Children's Safety on Motorcycles Act of 2015) for driving two (2) wheeled with a child on board on public roads where: - there is a 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 | ||
| * 3rd and succeeding offenses of Sec. 4 of R.A. 10913 (Anti-Distracted Driving Act) for acts in a motor vehicle in motion, or temporarily stopped at a traffic light or any intersection, whether diplomatic, public or private: - 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 - Using an electronic entertainment or computing device to play games, watch movies, surf the internet, compose messages, read e-books, perform calculation, and other similar acts | * Failure to wear the prescribed seat belt device (2nd offense) in violation of R.A. 8750 (Seat Belts Used Act of 1999) * Failure to wear the standard protective motorcycle helmet or failure to require the back rider to wear the standard protective motorcycle helmet, under R.A. 10054 (Motorcycle Helmet Act of 2009) - 2nd offense * Smoke belching [Section 46, R.A. 8749 (Philippine Clean Air Act of 1999)] - 2nd offense | * Failure to wear the prescribed seat belt device (1st offense) in violation of R.A. 8750 (Seat Belts Used Act of 1999) * Failure to wear the standard protective motorcycle helmet or failure to require the back rider to wear the standard protective motorcycle helmet, under R.A. 10054 (Motorcycle Helmet Act of 2009) - 2nd offense * Smoke belching [Section 46, R.A. 8749 (Philippine Clean Air Act of 1999)] - 1st offense |
| * Failure to wear the prescribed seat belt device (3rd offense) in violation of R.A. 8750 (Seat Belts Used Act of 1999) | * Reckless driving for 2nd offense * Obstruction | * Reckless driving for 1st offense * Driving in a place not intended for traffic or into place not allowed for parking |
| * Failure to require his/her passenger/s to wear the prescribed seat belt device (Sec. 12, R.A. 8750) | * Parking: * Allowing passengers on top/cover of MV | * Failure to carry DL or OR/CR while driving MV2/ * Overtaking on "Men Working" or "Caution" signs * Failure to yield the right of way to vehicle within such intersection or turning therein to the left across the line of travel of the first mentioned vehicle when such vehicle has given a plainly visible signal of intention to turn |
| *Smoke belching [Section 46, R.A. 8749 (Philippine Clean Air Act of 1999)] - 3rd offense | * Failure to dim headlights when approaching another motor vehicle | * Failure to provide canvass cover to cargoes or freight of trucks requiring the same2/ |
| * Axle Overloading (Violation of R.A. 8794) | * Hitching or permitting a person or a bicycle, motorcycle, tricycle or skate roller to hitch to a motor vehicle increasing speed when being overtaken | * Failure to yield right of way - failure of a vehicle entering a highway from private road or driver upon a highway to yield the right of way to all vehicles approaching in such highway |
| * Driving an unregistered MV | * Illegal turn - failure to pass to conduct the motor vehicle to the right of the intersection of the highway when turning to the left in going from one highway to another | *Failure to give proper sign |
| * Driving without valid driver's license | * Illegal turn - Failure of the driver of a motor vehicle intending to run to the right at an intersection to approach such intersection in the lane for traffic nearest to be right hand side of the highway and, in turning, to keep as close as possible to the right hand curve or edge of highway | |
| * Reckless driving for 3rd and succeeding offenses | ||
| * Submission of fake documents in relation to the application for a driver's license (New/Renewal) | * Failure to yield the right to way to a pedestrian crossing such highway within a crosswalk except at intersection where the movement of traffic is regulated by a peace officer or by traffic signal1/ | |
| * Disregarding Traffic Signs - include other traffic violations not mentioned in the other categories but fall under this violation | * Failure to stop before traversing a "through highway" or railroad crossing | * Illegal turn - Failure of the driver of a motor vehicle intending to run to the right at an intersection to approach such intersection in the lane for traffic nearest to be right hand side of the highway and, in turning, to keep as close as possible to the right hand curve or edge of highway |
| * Overtaking when left side is not visible or clear of incoming traffic | * Failure to yield right of way to ambulance, police or fire department vehicles1/ | |
| * Overtaking upon a curve | * Failure to yield right of way at a "through highway" or a "Stop intersection" | |
| * Overtaking at an intersection | * Failure to stop motor and notch handbrake or motor vehicle when unattended | * Unsafe towing |
| * Overtaking at no overtaking zone | * Overcharging/undercharging of fare | |
| * Failure to yield right of way to the vehicle on the right when these vehicles approach or enter an intersection at approximately the same time | * Failure to attach or improper attachment/tampering of authorized motor vehicle license plates and/or third plate sticker | *No Franchise / Certificate of Public Convenience carried inside MV |
| *Loading extending beyond projected width without permit | * Fast, defective taximeter or operating without or with an old seal taximeter | |
| * MC carrying more passengers other than the backrider or cargo other than the saddle bags and luggage carriers | * Operating a passenger bus/truck with cargo >160 kgs | * Tampered, broken, joined, reconnected, fake or altered sealing wire |
| * Presentation of fake/spurious CPC/OR/CR/plates/stickers and tags | * Refusal to render service to the public or convey passenger to destination | * Failure to provide fare discount to those entitled under exiting laws and pertinent MCs of LTFRB3/ |
| * Operating the unit/s without or with defective/ improper / unauthorized accessories, devices, equipment and parts | * Trip cutting | * No sign board |
| * All violations in connection with motor vehicle registration/renewal/operation | ||
| * Carrying of illegal and/or prohibited cargoes | * Similar acts punishable under local ordinances shall be considered less grave | * Pick and drop of passengers outside the terminal |
| * Unauthorized motor vehicle modification | * Failure to display fare matrix | |
| * Operating a Right Hand Drive motor vehicle | * Failure to display the international Symbol of Accessibility inside the units and/or failure to designate seats specifically for the use of Persons with Disabilities or Failure or refusal to transport PWDs | |
| * Driving against traffic | ||
| * Illegal overtaking | * Breach of franchise conditions under 2011 Revised Terms and Condition of CPC not otherwise herein provided | |
| * Overtaking at unsafe distance | ||
| * Overtaking at any railway grade crossing | ||
| * Fraud in relation to the registration of the motor vehicle and/or its renewal | * Failure to display "No Smoking" and/or allowing personnel or passenger to smoke inside the vehicle | |
| * Cutting an overtaken vehicle | ||
| * Failure to give way to an overtaking vehicle | *All other violations not mentioned above or in the other categories of violations | |
| * Overtaking upon a crest or grade | * Similar acts punishable under local ordinances shall also be considered less grave | |
| * Increasing speed when being overtaken | ||
| * Similar acts punishable under local ordinances shall also be considered as grave violations |
_________________________
Date of Apprehension
Name of Agency/LGU: ___________________________________
TRAFFIC VIOLATION RECEIPT | NAME OF APPREHENDED DRIVER/OPERATOR | VIOLATIONS | DRIVER'S LICENSE NUMBER | MV PLATE NUMBER | REMARKS | |
1 | ||||||
2 | ||||||
3 | ||||||
4 | ||||||
5 | ||||||
6 | ||||||
7 | ||||||
8 | ||||||
9 | ||||||
10 | ||||||
11 | ||||||
12 | ||||||
13 | ||||||
14 | ||||||
15 | ||||||
16 | ||||||
17 | ||||||
18 | ||||||
19 | ||||||
20 | ||||||
| Prepared by: | Certified Correct: |
| _______________________________ Name and Signature |
| ______________________________ Position | ______________________________ Position |
Appendix 3
__________________________________
Date
NAME OF AGENCY/LGU: _______________________________
TRAFFIC VIOLATION RECEIPT | APPREHENDED DRIVER/OPERATOR | DRIVER'S LICENSE NUMBER | MV PLATE NUMBER | FINAL DISPOSITION/RESOLUTION OF VIOLATION (Indicate the specific violations | REMARKS | ||
ADMITTED | CONTESTED | ||||||
AFFIRMED | DISMISSED | ||||||
| Prepared by: | Certified Correct: |
| _______________________________ Name and Signature |
______________________________ Position | ______________________________ Position |