[ Act No. 3045, March 10, 1922 ]
AN ACT TO AMEND AND COMPILE THE LAWS REGULATING MOTOR VEHICLE TRAFFIC IN THE PHILIPPINE ISLANDS, THE LAWS PROVIDING FOR THE REGISTRATION OF MOTOR VEHICLES AND THE LICENSING OF MOTOR VEHICLE OPERATORS, THE LAWS REQUIRING LIGHTS OF ALL VEHICLES USING HIGHWAYS AT NIGHT, AND THE LAWS PRESCRIBING PENALTIES FOR VIOLATIONS THEREOF, AND FOR OTHER PURPOSES.
Be it enacted by the Senate and House of Representatives of the Philippines in
Legislature assembled and by the authority of the same:
Section 1. For the purposes of this Act:
(a) "Motor vehicles" are all vehicles propelled by any power other than muscular power, excepting road rollers, street sweepers and sprinklers, lawn mowers or vehicles which run only on rails or tracks. Trailers, having two or more wheels, when propelled or intended to be propelled by attachment to a motor vehicle, shall be classified as separate motor vehicles with no power rating. "Passenger automobiles" include all pneumatic tired motor vehicles of types similar to those usually known under the following terms: touring car, speedster, roadster, cycle car (except motor wheel and similar small outfits which are classified with motorcycles), coupe, landaulet, closed car, limousine, cabriolet, sedan, etc. Motor vehicles with changed or rebuilt bodies, using a chassis of the usual pneumatic tired passenger automobile type, shall also be classified as passenger automobiles, provided their net allowable carrying capacity as determined under sections twenty and twenty-one of this Act, does not exceed eight passengers and provided they are not used primarily for carrying freight or merchandise.
(b) "Highways" include every public thoroughfare, every public boulevard, driveway, avenue, park, parkway, plaza, square, place, street, road, alley, and callejon.
(c) "Chauffeur" includes every and any licensed operator of a motor vehicle, except an owner operating his own motor vehicle not for hire.
(d) "Operating" and the other inflection of that verb signify running, driving, guiding, controlling, or conducting a motor vehicle.
(e) "Operator" includes every person operating a motor vehicle whether he be or be not licensed to do so.
(f) "Owner" includes, when the context requires it, in addition to the actual legal owner of a motor vehicle or trailer, also every person for the time being in legal possession of such motor vehicle and lawfully entitled to give commands and directions with regard to the same, but not a person who has rented or hired such motor vehicle or trailer from a garage. In as far as concerns publicly owned motor vehicles or trailers, the "owner" in the contemplation of this Act, is the head of the office or the chief of the bureau to which the said motor vehicle or trailer belongs except when the context requires a different interpretation.
(g) "Dealer" includes every person, association, partnership or corporation making, manufacturing, constructing, assembling, or setting up motor vehicles or trailers in these Islands for sale; and every person, association, partnership or corporation, 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 of trading in same.
(h) "Dealer's certificate" means a certificate of registration issued to a dealer as defined in the last preceding subsection.
(i) "Garage" includes every place where motor vehicles belonging to persons other than the owner of such garage are housed, stored, kept or repaired for payment, and every place where motor vehicles are housed, stored, or kept to let or for hire to the public, with the exception of street stands or other public places designated by proper municipal authority as parking space for motor vehicles for hire, while awaiting or soliciting passengers or business.
(j) "Proprietor of a garage" includes every proprietor" and owner of a garage as defined in the last preceding subsection, and every person in control or charge of such garage in his own behalf or in behalf of the owner or proprietor.
(k) "Intersection" includes every part of a public highway which joins another at an angle, whether or not it crosses the other.
(l) "Horn" shall include every device for signaling by sound.
(m) "Gross weight" includes the measured weight of a motor vehicle in running condition, as determined by the Director of Public Works or his deputies, plus the maximum allowable carrying capacity in merchandise, freight or passengers, as determined by the Director of Public Works or his deputies. For the determination of carrying capacity, the weight of a passenger shall be assumed arbitrarily as fifty kilos exclusive of personal or other baggage.
(n) "The Director of Public Works," except where expressly stated otherwise, is defined as the actual or acting chief of the Bureau of Public Works.
(o) "The Director of Public Works or his deputies" is defined as the actual or acting chief of the Bureau of Public Works or such representatives, deputies, agents, or assistants, as he may, with the approval of the Secretary of Commerce and Communications, authorize or detail in writing for the purposes contemplated by this Act.
Section 2 (a) No motor vehicle shall be used or operated in, along, or upon any public highway of the Philippine Islands unless the same is registered in accordance with the provisions of this Act, nor by any person who is not licensed to operate such motor vehicle under the provisions of this Act.
(b) Any person convicted of a violation of the provisions of this section shall be punished by a fine of not less than five nor more than two hundred pesos: Provided, however, That if the vehicle so operated is for let or hire to the public a further penalty of not more than six months imprisonment may be imposed.
(c) Motor vehicles belonging to the Government of the United States, the Government of the Philippine Islands or any of its subdivisions, or to any provincial, city or municipal government shall be regarded as registered under the provisions of this Act if they bear signs or legends plainly indicating to what department, bureau, or political subdivision the same belong and the number plates required by section seven hereof, which number plates shall be issued free by the Director of Public Works upon request.
Section 3 (a) Every owner of a motor vehicle kept or used in the Philippine Islands, shall within seven days after taking actual possession, and thereafter, not later than the last working day of February of each year, file in the office of the Director of Public Works or in the office of the district engineer for each motor vehicle owned or possessed by him, a statement of his name; place of residence and business address; the number and date of his cedula and the place where same was issued; a brief description of each such motor vehicle including the name, style or type, and seating capacity or maximum allowable number of passengers; the number of kilos allowable gross weight, the name or title of the makers, the serial number, if any, stamped upon or affixed thereto by the makers; the number of wheels, the size, character, and material of all tires; the character of the motive power; and the amount thereof stated in figures of horsepower, such horsepower in case of internal combustion engines to be determined by the usual Association of Licensed Automobile Manufacturers or National Automobile Chamber of Commerce formula D 2 N/ 2.5, D being the diameter of the cylinder in inches, and the number of cylinders, and in the case of steam and electric motor vehicles the amount of such horsepower to be taken as rated and advertised by the maker thereof; the name of the person or firm from whom the machine was acquired; and such other information as the Director of Public Works or his deputies may require. Such statement shall be regarded as an application for the official registration of such motor vehicle.
(b) Any registration of motor vehicle not renewed on or before the last working clay of February of each calendar year shall become delinquent. The penalty for renewal of a delinquent registration shall be a fifty per cent addition to the fees mentioned in section four below: Provided, That a penalty of five pesos only shall be collected for renewal of a delinquent registration "for storage only," as described under section four (n) of this Act.
(c) Any person convicted of a violation of the provisions of this section shall be punished by a fine of not less than twenty-five nor more than two hundred pesos.
Section 4 (a) Each such application, if for one calendar year, shall be accompanied by an annual registration fee in accordance with the following tariff: All motor vehicles, the sum of fifty centavos per horsepower or fraction thereof, as determined under section three of this Act, in addition to the following:
(b) Private automobiles with pneumatic tires, the sum of one centavo per kilogram of gross weight, as defined under section one of this Act.
(c) Private traction engines used for hauling purposes on public highways, and motor trucks, with metallic tires in whole or in part, the sum of ten centavos per kilogram of gross weight.
(d) Private motor trucks with solid rubber tires or with part solid and part pneumatic rubber tires, the sum of two centavos per kilogram of gross weight.
(e) Private motor trucks with pneumatic rubber tires, the sum of one and one-half centavos per kilogram of gross weight.
(f) Private trailers with metallic tires, the sum of five centavos per kilogram of gross weight.
(g) Private trailers with solid rubber tires or with part solid and part pneumatic rubber tires, the sum of one and one-half centavos per kilogram of gross weight.
(h) Private trailers with pneumatic rubber tires, the sum of one centavo per kilogram of gross weight.
(i) Private motorcycles of two or three wheels, bicycles with motor attachments, and similar motor vehicles, the sum of one centavo per kilogram of gross weight.
(j) The fee for registration of automobiles operated for hire shall be two times the fees mentioned for private automobiles. Freight or passenger motor trucks for hire shall be subject to the same fees as private motor trucks.
(k) If an application for the first registration is made during the period of January first to March thirty-first, inclusive, the annual fee mentioned above in this section shall be paid. If the application is made during the period of April first to June thirtieth, inclusive, three-fourths of the annual fee shall be paid. If the application is made during the period of July first to September thirtieth, inclusive, one-half of the annual fee shall be paid. If the first registration is made during the period of October first to December thirty-first, inclusive, one-fourth of the annual fee shall be paid.
(l) The date of cancellation of the postage stamp of envelopes containing money orders, checks or cash shall be considered as the date of application in the appliance of the above tariff, except in the case of improperly prepared applications, when the date of cancellation of the postage stamp of the envelope containing the properly prepared application shall be considered as the date of the application.
(m) Tourists using or operating their own motor vehicles and sojourning in the Philippine Islands for a period of forty-five days or less shall be exempt from the payment of the above-stated fees of this section, but if they remain in the Islands for any period longer than forty-five clays, they shall be required to pay one-tenth of the above-stated annual horsepower and gross weight fees, on or before each first day of the month subsequent to the expiration of the first forty-five-day period aforementioned, while they remain in the Islands. They shall, however, be required to register their motor vehicles, and shall pay the fees mentioned under section nine of this Act for each number plate or tag issued.
(n) Any owner of a motor vehicle which is in storage, undergoing repairs, or out of service for any other reason, may also be exempted from payment of the registration fees previously mentioned under this section for the period during which the said motor vehicle is out of service, but no refund or reimbursement of registration fees or parts thereof shall be made to any owner on account of a motor vehicle which is taken out of service subsequently to the payment of said registration fees. The owner desiring exemption under this subsection, shall make application for registration of the motor vehicle as provided under section three of this Act. The application shall also be accompanied by a properly accomplished affidavit substantially in the following form:
"Affidavit for Exemption from Payment of Fees for Registration of Motor Vehicle While in Storage.
"I, ........................................, residing at ...................., and holding cedula number ............., issued at ..................., dated .................. , do hereby swear or affirm that I am the owner of the motor vehicle described in the attached application for registration, and that said motor vehicle has not been and will not be operated on any public highway in the Philippine Islands during the period beginning ........................, and ending on or about ......................"
Attested: ......................... Signed ...........................
Date ................................
Section 5. Upon the receipt of such application and fee or affidavit, the Director of Public Works shall cause the same to be registered or recorded in a book or file to be kept by him for that purpose, which shall be known as the "Motor Vehicle Register," and in which such information shall be set forth as will enable the motor vehicle and the owner thereof to be readily identified. The Director of Public Works or his deputies shall issue to the applicant free of charge, a numbered certificate of registration for each separate motor vehicle and shall enter the number of such certificate in the "Motor Vehicle Register:" Provided, however, That in case of exemption under subsection (n) of section four of this Act, both the certificate and the "Motor Vehicle Register" shall be plainly marked or stamped substantially after the following form:
"REGISTERED FOR STORAGE ONLY. MOTOR VEHICLE NOT TO BE OPERATED ON PUBLIC HIGHWAYS UNDER THIS CERTIFICATE."
Section 6. Each such certificate of registration shall contain, in addition to its number, the date of registration and all the information required to be set forth in the application. The said certificate shall be preserved by the owner as evidence of the registration of the motor vehicle described therein, and shall be attached to and presented with subsequent applications for renewal or transfer of registration.
Section 7. At all times, while using the public highways, every motor vehicle of more than three wheels shall display in conspicuous places, one in the front and one in the rear thereof, the identification number plates described in sections eight and nine of this Act, and every motor vehicle of less than four wheels shall display one such number plate in a conspicuous place in the rear thereof. Such number plates shall be kept clean and cared for, and shall be firmly affixed so that the numbers thereon may at all times be visible and legible whether the motor vehicle is in motion or not: Provided, however, That in case no number plates are available, the Director of Public Works or his deputies may issue a written permit temporarily authorizing the operation of any motor vehicle without such number plates.
Any person convicted of a violation of the provisions of this section shall be punished by a fine of not less than ten nor more than two hundred pesos.
Section 8. All number plates shall be of such color, size, and design as may be selected and determined by the Directors' of Public Works, and shall contain in Arabic numerals of a length of not less than one decimeter and each stroke of which shall be not less than one centimeter in thickness, the registration number assigned by the Director of Public Works or his deputies under section five of this Act: Provided, That the Director of Public Works or his deputies may issue to motor vehicles having three wheels or less a number plate having Arabic numerals of a length not less than five centimeters and a thickness not less than seven millimeters.
Each such number plate shall also bear small numerals or legends indicating that the motor vehicle has been registered or re-registered for the current year.
Section 9. (a) The Director of Public Works shall cause the aforementioned number plates to be prepared, and issued to owners of motor vehicles registered under this Act, charging a fee of one peso for each complete plate including the numerals indicating the year of registry.
(b) In case the design of the number plate is such that the numerals indicating the year of registry are in a detachable tag, the Director of Public Works or his deputies may, in their discretion, issue the said tag only, for subsequent re-registrations, charging a fee of fifty centavos for each tag issued.
(c) No identification number plates or tags shall be issued for motor vehicles registered "For Storage Only" under subsection (n) of section four of this Act, during the period for which exemption from payment of registration fees is claimed thereunder.
(d) In case an owner desires to change the status of registration of a motor vehicle from a "private" to a "hire" or "garage" denomination, or vice-versa, the Director of Public Works shall issue upon request a new certificate of registration and corresponding new number plates or tags upon payment of a fee of two pesos for each such change, and of the fees mentioned under subsections (a) and (b) of this section, for each new number plate or tag issued: Provided, however, That if such change of status places the motor vehicle in a classification under section four of this Act, requiring a larger registration fee, then the owner shall pay a proportional part of such difference of registration fees for the remaining portion of the year, in accord with subsection (k) of section four of this Act, in addition to the fees hereinbefore mentioned: And provided, further, That no refund or reimbursement of fees or parts thereof shall be made to the owner, even if such contemplated change of status corresponds with a smaller registration fee: And provided, further, That no motor vehicle shall be registered under more than one classification or denomination or status simultaneously.
Section 10. Whenever any motor vehicle is sold or any change in the ownership thereof takes place it is hereby made the duty of the former owner thereof to notify the Director of Public Works within seven days from the date of the change of ownership, in writing, of such change, giving the name, place, or residence and business address of such purchaser or new owner, and the number and date of the certificate of registration issued to cover the motor vehicle.
Such notification shall be accompanied by a fee of one peso and the Director of Public Works shall cause the name, place of residence and business address of such purchaser or new owner to be recorded in the "Motor Vehicle Register," in such a manner that the owner of any motor vehicle may at any time readily be ascertained therefrom. Any statement indorsed on the back of a certificate of registration issued under this Act shall be sufficient evidence, for the purposes of this Act, of the ownership of the purchaser or transferee named in such statement, if the same be signed by the person in whose name the certificate was issued and if it complies substantially with the following form:
----------------------------------
Date
"I have this day transferred my ownership of the motor vehicle described on the face hereof to ...................................... of ................................................... "
---------------------------------
(Signature.)
Any person convicted of a violation of this section shall be punished by a fine of not more than ten pesos.
Section 11. Upon proof satisfactory to the Director of Public Works or his deputies, that any certificate of registration, number plate or tag issued under the provisions of this Act has been lost or destroyed, he shall cause a duplicate to be issued to the owner of such vehicle after payment of one peso for each certificate of registration so issued, and of the fees mentioned under section nine of this Act for each number plate or number tag so issued.
Section 12. (a) Every dealer in motor vehicles may, instead of registering separately each such motor vehicle owned by or controlled and used and operated in his business by him or by his employees or agents, make before the last working er day of February of each year, application for a general certificate of registration and general distinguishing number plates. Such application shall contain whatever information may be required by the Director of Public Works. The Director of Public Works, or his deputies, if satisfied with statements in such application, may grant to the applicant free of charge, one general certificate of registration (multiplicate is desired) showing the name, place of residence, and business address of the applicant, and that the same is a dealer in motor vehicles within the meaning of this Act. Such dealer's certificate shall further describe the general distinguishing number plates delivered to said dealer, the kind, type, style, or make of motor vehicles manufactured, sold or kept, or handled for sale by him, and such other information as the Director of Public Works may deem expedient. The general distinguishing number plates shall be issued in such quantities as may be required by the applicant, upon payment of ten pesos for each such general distinguishing number plate thus issued. All motor vehicles manufactured, owned, controlled, or kept or handled exclusively for sale or for demonstration for sale, but not for other service by such applicant, shall thereafter be regarded as registered under such general distinguishing number. Those kept or operated for hire or for his private use, or for passenger or freight service in his business, shall be separately registered under the preceding sections of this Act.
(b) No dealer's number plate shall be displayed on any motor vehicle operating on the public highways for a period longer than seven days following the next working day after a purchase or other person or entity has taken actual possession of said motor vehicle from the dealer.
(c) The penalty for each violation of the provisions of subsection (b) of this section shall be a fine of ten pesos each, against the owner of the vehicle, and against the dealer concerned.
Section 13. Upon proof of loss of a certificate issued to a dealer, a duplicate certificate may be issued to him under like conditions and after payment of like fees as those set forth in section eleven of this Act, and upon the request of such dealer additional duplicate distinguishing number plates or tags may be issued to him after the fees fixed in section twelve of this Act for each such duplicate have been paid.
Section 14. (a) The Director of Public Works shall cause to be prepared a form, which shall be furnished free of charge upon request, and upon which every person who desires hereafter to operate any motor vehicle as a chauffeur shall answer under oath all questions asked and give all information required by the Director of Public Works, including his true name, address and age, the number, date, and place of issue of his cedula, and the names, kinds, types, or styles of motor vehicles which he is competent to operate, together with the form and amount of their motive power, and whether his senses of sight and hearing are normal.
(b) The Director of Public Works or his deputies are hereby authorized in their discretion to require an applicant for a license as chauffeur to answer such further questions or to submit to such an examination touching his qualifications as chauffeur, as in the judgment of the Director of Public Works or his deputies, will best disclose the applicant's fitness and competency to operate motor vehicles.
(c) If after such examination, or without the same, the Director of Public Works or his deputies believe the applicant to possess the necessary qualifications and knowledge, they shall, upon the receipt of a fee of five pesos, issue to such applicant a license to operate as a chauffeur, motor vehicles of the kind, style, type, or make and power described in the application, until the last working day of February next following, or until such license is otherwise revoked. Each applicant for a license as chauffeur, except an owner not operating for hire, shall, upon notice that his qualifications have been found satisfactory, and prior to the issuance of said license, furnish the Director of Public Works or his deputies, three copies of a recent and readily recognizable photograph of said applicant, one copy of which shall be securely attached to the license, and two copies of which shall be filed and kept as provided under section eighteen of this Act. If the said Director or his deputies do not believe the applicant to be a person qualified to operate motor vehicles, they shall not issue a license as chauffeur to such applicant, in which event the applicant's fee shall be returned to him.
(d) Every license issued to operate a motor vehicle shall have a line or place for the signature and the photograph of the licensee, and no license issued shall be effective as an authorization to the person to whom issued to operate a motor vehicle until after such person has written his usual signature in the place provided for that purpose.
(e) Every application for a renewal of chauffeur's license, except in case of an owner not operating for hire, shall be accompanied by three copies of a readily recognizable photograph of the applicant, which photograph shall have been taken not exceeding three and one-half years prior to the date of application for renewal. Any license not renewed on or before the last working day of February of each year shall become delinquent. The penalty for renewal of a delinquent license shall be five pesos, in the discretion of the Director of Public Works.
(f) The Director of Public Works may suspend for a period not exceeding three (3) months or, after hearing, revoke any license issued under the provisions of this Act, and may order any such license to be delivered to him whenever he has reason to believe that the holder thereof is an improper or incompetent person to operate motor vehicles, or is operating or using a motor vehicle in, or as an accessory to, the practice or commission of any unlawful act, or so as to endanger the public; and the license so suspended or revoked shall not be reissued, unless upon investigation, the Director of Public Works decides that the operator may again safely be permitted to operate.
(g) Appeals from the decision of the Director of Public Works on the revocation of, or his refusal to renew, licenses under the provisions of this section may be taken to the Secretary of Commerce and Communications.
(h) Any person who operates a motor vehicle without having procured a license or while his license is suspended or revoked, shall be punished by a fine of not less than fifty pesos nor more than two hundred pesos, or imprisonment for not less than ten or more than thirty days, or both fine and imprisonment, in the discretion of the court, for each offense.
(i) Every operator of a motor vehicle owned or controlled by the Government of the United States, the Government of the Philippine Islands or any of its subdivisions, or any provincial, city or municipal government within the Philippine Islands, shall be licensed in accord with the provisions of this section with the exception that no license or delinquent fees shall be collected therefor, and provided, that all licenses so issued shall bear the words "For Government "Vehicles Only" plainly marked or stamped in red ink across the face thereof. A license so marked or stamped shall not authorize an operator to operate a privately owned motor vehicle.
Section 15. The Director of Public Works or his deputies are further authorized to issue temporary permits covering a period of six months, to persons who are learning to operate motor vehicles, upon the payment of a fee of one peso for each such temporary permit. No such permit shall authorize the person to whom the same is issued to operate a motor vehicle on any public highway, however, unless accompanied by some person licensed under this Act to operate such motor vehicle. The license operator acting as instructor shall be responsible and liable for any violation of the provisions of this Act and for any injury or damage done by a motor vehicle, or on account, or as a result of, the operation of a motor vehicle operated by a beginner under his direction.
Section 16. (a) Persons (including tourists) who have procured the registration of one or more motor vehicles owned by them and not operated for hire shall, if they desire themselves to operate such vehicles, make a like application as provided in section fourteen hereof, and the Director of Public Works or his deputies shall issue to such owners, licenses to operate motor vehicles for their own private use upon payment of two pesos. If for hire, they shall pay the fees required by and be subject to section fourteen of this Act.
(b) Tourists will not be required to present a personal cedula to register their motor vehicles or to obtain a license, but are required, in lieu of a cedula, to make a written statement on their applications, to the effect that they are tourists and also as to the probable time they expect to remain in the Islands.
(c) Upon proof of loss of a license to operate motor vehicles a duplicate license may be issued after payment of fees as follows:
For each duplicate chauffeur's license ........................................ P2.00
For each duplicate owner's tourists, or student's license ............... 1.00
Section 17. No license, whether to owners of motor vehicles or to professional chauffeurs, to operate motor vehicles within the purview of sections fourteen, fifteen, and sixteen of this Act shall be issued to any person under sixteen years of age, and no persons under sixteen years of age shall be permitted to operate a motor vehicle upon any highway of the Philippine Islands.
Section 18. The Director of Public Works shall cause to be prepared and kept in his office in Manila a register in which shall be recorded every license issued to an owner or to a chauffeur, with such information, including names, addresses, photographs and ages of the licensees, and the dates on which their respective licenses were issued, as he may deem to be useful and expedient. He shall likewise cause to be carefully filed away and preserved, all applications ti for such licenses, in chronological, alphabetical, or numerical order so that anyone of them may be promptly made accessible.
Section 19. No owner, dealer, proprietor of garage, chief of bureau, head of office or other person or entity is permitted to engage, employ, or hire any person to operate a motor vehicle unless the person whose employment, engagement, or hire is contemplated, is a licensed chauffeur. Any person violating this provision or employing a licensed chauffeur as such, while his license is suspended or revoked shall upon conviction be fined not less than fifty nor more than two hundred pesos: Provided, however, That if the person convicted of a violation of this provision is engaged in letting or renting motor vehicles to other persons or to the public for hire, such person may be further punished by imprisonment for not less than six months nor more than one year in addition to the fine aforesaid.
Section 20 (a) No person operating a motor vehicle shall allow more passengers in his motor vehicle than its fixed and registered carrying capacity, and no operator shall permit any person or persons to ride on the running boards or mudguards of his motor vehicle for any purpose, except for necessary adjustments of the motor or mechanism, or for collection of fares by the conductor of a public passenger motor vehicle. In no case shall such conductors remain on as the running boards while not actually making collections.
(b) The Director of Public Works or his deputies shall, in accord with rules to be determined and published by the Director of Public Works, fix the maximum carrying capacity in passengers or freight, of all motor vehicles with the exception of private passenger automobiles. The carrying capacity thus fixed is to be entered on the certificate of registration and the "Motor Vehicle Register" and thereby made of record, as will the Director of Public Works or his deputies also fix and record in the same manner the number of persons permitted on the front or driver's seat of any motor vehicle.
(c) Any person violating any of the provisions of subsection (a) of this section shall be punished by a fine of not less than ten pesos nor more than one hundred pesos, and in the discretion of the Director of Public Works the operator's license or the certificate of registration of the motor vehicle concerned may be suspended for a period not to exceed three months.
(d) The Director of Public Works or his deputies are furthermore authorized at any time to examine and inspect any motor vehicle, in order to determine whether the same is unsafe, improperly marked and equipped, or otherwise unfit to be operated because of possible danger to the chauffeur, to the passengers, or to the public; or because of possible excessive damage to the public highways, bridges, or culverts. If the Director of Public Works or his deputies find any such motor vehicle to be dangerous, or capable of causing excessive damage to the public highways, bridges, or culverts, as aforesaid, he may refuse to register the same, or if the same be already registered he may upon twenty-four hours notice to the owner or operator, revoke such registration or suspend the force and operation thereof, until the defects, improper equipment, or other cause of insecurity, danger or excessive damage has been remedied. The action of the Director of Public Works or his deputies under this section shall be communicated in writing to the owner of the motor vehicle, and, if the motor vehicle be property of the Government or any of its political subdivisions, to the chief of the bureau or office to which the motor vehicle in question belongs. If, after the suspension or revocation of the registration of a motor vehicle, excessive damage is caused to any public highway, bridge, or culvert as a result of the operation of such motor vehicle, the owner of such motor vehicle, or the person, or persons having control and authority over such motor vehicle shall be punished for each offense by a fine of not less than fifty pesos nor more than two hundred pesos for each motor vehicle operating after the revocation of its registration, or by imprisonment at hard labor not exceeding three months, or by both such fine and imprisonment, in the discretion of the court: Provided, That from the decision of the Director of Public Works or his deputies regarding the state of security of a motor vehicle, or its damaging effect upon public highways and bridges an appeal may be taken to the Secretary of Commerce and Communications.
(e) If, after the suspension or revocation of the registration of a motor vehicle, any person is injured as a result of the operation of said motor vehicle, the owner of such motor vehicle, or the person having control and authority over such motor vehicle, shall be guilty of the offense described in the first paragraph of article five hundred and sixty-eight of the Penal Code and shall be subject to the penalties therein prescribed.
Section 21. The provisions of this section shall be applicable to all motor vehicles when upon the public highway:
(a) All passenger automobiles for hire shall have the approved registered passenger capacity plainly marked in conspicuous place, preferably on the glass windshield thereof.
(b) All motor trucks, whether for passengers or freight, private, or for hire, shall have the approved registered we passenger and gross weight capacities and the allowable rate of speed plainly marked in a conspicuous place, preferably on this sides thereof.
(c) The total weight of a laden motor vehicle.shall in no case exceed eight metric tons (17,920 pounds) unless permission in writing, from the Director of Public Works or his deputies, has been previously obtained.
(d) No metal tire of a motor vehicle shall be provided with dogs, flanges, grooves, corrugations, ribs, strips, or present other than a smooth surface in contact with the road.
(e) The maximum allowable gross weight of a motor vehicle shall be so fixed by the Director of Public Works, or his deputies, that with the maximum allowable net carrying capacity placed at the center of the body, the total load on any one wheel will not exceed the values given in the following tables:
See Printed Copy Volume 17 Public Laws Page 213
(f) No motor vehicle shall be operated on or along the public highways with tires of different size or material from those described in the certificate of registration therefor, not with wheel loads in excess of those contemplated under paragraph (e) of this section, unless permission in writing from the Director of Public Works or his deputies for such change or excess, has been previously obtained.
(g) In case an owner desires to change the size or material of his tires, or to perceptibly change the size or capacity of the body or chassis, subsequent to the registration of his motor vehicle, he shall present his certificate of registration to the Director of Public Works or his deputies, together with a request for a revision of gross weight rating. If in the opinion of the Director of Public Works or his deputies, such contemplated change of body, tires, or gross weight will not endanger the public safety, or result in excessive damage to highways, bridges or culverts, the said Director or his deputies shall in red ink revise the certificate of registration and the "Motor Vehicle Register," in accord therewith: Provided, That if such contemplated revisions place a motor vehicle in a classification under section four of this Act, requiring a larger gross weight fee, then the applicant shall pay a proportional part of such difference of fees for the remaining portion of the year, in accord with subsection (k) of section four of this Act: And provided, further, That no refund or reimbursement of fees or parts thereof shall be made to the owner, even if such contemplated revision of rating corresponds with a smaller gross weight fee.
(h) No motor vehicle shall be operated on or along the public highways with solid rubber tires of less than two centimeters thickness, nor with deflated pneumatic tires, for a distance greater than necessary to properly park the vehicle for repairs.
(i) The owners of the motor vehicles shall be liable for any and all damages to the highways, bridges, and culverts, which damages may be recovered by the Government of the province wherein the damage occurred, or by the Insular Government, in a court of competent jurisdiction, without prejudice to further prosecution under any other provisions of this Act.
(j) The Director of Public Works or his deputies shall levy and collect a special additional fee in accord with a tariff and regulations to be established by the Director of Public Works, for each special written permit issued under subsections (b), (d), and (f), of this section and under section twenty-two hereof. All motor vehicles operating under such special written permits shall bear a special distinguishing identification mark to be determined by the Director of Public Works; and a copy of the special written permit shall be entered in the "Motor Vehicle Register."
(k) Violation of any of the provisions of this section shall be punished by fining the owner of the motor vehicle, not less than ten pesos nor more than fifty pesos for the first and second offense, and for third offense by revoking the registration of the motor vehicle and fining the owner of the motor vehicle two hundred pesos or by imprisonment for a term not to exceed fifty days or by both such fine and imprisonment.
Section 22. Except in cases of a special permit in writing from the Director of Public Works, all motor vehicles shall carry their loads so distributed that no part of same shall extend beyond the sides of the motor vehicles, and in no case shall the width of the motor vehicle exceed two and twenty-five one hundred meters.
Section 23 (a) Every person having motor vehicles for hire and every proprietor of a garage shall keep, or cause to be kept, in a book having blank columns, headings, and spaces, to be prescribed by the Director of Public Works, a correct, exact, and legible record in ink of every motor vehicle which leaves his place of business or garage, showing the registration number an exact time of the vehicle's departure and return, the name of the chauffeur operating it, and such other information as the Director of Public Works may require. Such book shall be kept in a convenient place in said place of business or garage and shall during all regular business hours be open to examination by the Director of Public Works or his deputies, and any police officer of the city or municipality within which the garage is situated.
(b) Failure to provide such book or to keep correct and exact records therein as required in this section shall upon conviction subject the offender to a penalty of not less than five nor more than one hundred pesos. Upon a second conviction of such offense the Director of Public Works shall revoke the certificates of registration of all motor vehicles owned or controlled by such offender.
(c) Prior to leaving the garage or place of business, every operator of a passenger truck for hire shall further be provided by the owner or manager, with a trip identification card for each separate trip. The trip identification card shall state the name and place of business of the owner; the name and address of the person or firm ordering or requesting the services of the motor vehicle; the date and time of leaving the garage or place of business; the registration number of the motor vehicle; and the name of the chauffeur or operator. No passenger truck for hire shall be permitted to operate upon or occupy the public highways without the above described trip identification card: Provided, however, That the provisions of this subsection shall not apply to such passenger trucks for hire as are operated under and subject to the provisions of the public utilities acts. The penalty for violation of the provisions of this subsection shall be a fine of not less than twenty-five nor more than one hundred pesos.
Section 24 (a) No owner or other person in whose name one or more motor vehicles have been registered under this Act shall transfer a number plate from one motor vehicle to another motor vehicle nor lend to any other person any such certificate of registration, or any number plate or tag, nor give away or sell such certificate, number plate, or tag, except upon the transfer or change of ownership or possession of the motor vehicle which is registered in such certificate, or for which such number plate or tag was issued, and no person shall borrow such certificate, number plate or tag, nor buy or purchase the same except upon like transfer of ownership of a motor vehicle as above contemplated. No person to whom a license or permit to operate a motor vehicle has been issued under this Act shall lend, sell, or give away, and no person shall borrow, buy, or purchase such license or permit.
(b) No certificate of registration, number plate, tag, permit, or license issued to or in favor of any person under this Act, shall be made use of by any other person, or for any other motor vehicle than that owned by or in the lawful possession of the person using- said certificate, number plate, or tag, and for which said certificate, number plate, or tag, was issued under this Act.
(c) Whenever any owner, proprietor of a garage or repair shop, dealer, or other person or entity makes any repair or change in a motor vehicle involving the exchanging, elimination, effacing, or replacing of the manufacturer's serial number or the motor number, or the part or parts upon which such number is stamped, he shall within seven days after effecting such change or repair, notify the Director of Public Works in writing, of the character of the change or repair thus accomplished, the registration number and date, and the new manufacturer's number or motor number of the motor vehicle thus repaired or changed.
(d) Every person violating the foregoing provisions of this section, and every person found guilty of stealing any certificate, number plate, tag, permit or license issued under this Act, or taking and carrying away the same without the knowledge of the person lawfully entitled thereto or against the will of such person, shall be punished for each offense by a fine of not less than five nor more than two hundred pesos or imprisonment for not more than six months.
Section 25. Every person using for any purpose of deceit or evasion a number plate or tag not issued under authority of this Act, or affixing such number plate or tag to a vehicle for the purpose or with the intent of using the same as and for a number plate or tag lawfully issued hereunder, and every person using a number plate or tag lawfully issued hereunder, for a vehicle other than the one for which such number plate or tag was issued shall be subject to a penalty of not less than five nor more than two hundred pesos or imprisonment for not more than six months.
Section 26. (a) The maximum speed of motor vehicles operated upon any public highway or bridge shall not exceed the respective values given in the following tabulation:
| Gross weight. |
Pneumatic tires. |
Solid rubber tires. |
Metal tires. |
| Passenger automobiles of any weight and trucks not exceeding 2,300 kilos. |
Reasonable speed. |
20 kms. (12.5 miles) per hour. |
12 kms. (8 miles) per hour. |
| 2,301 to 5,000 Ks. inclusive. |
25 kms. (16 miles) per hour. |
18 kms. (11 miles) per hour. |
12 kms. (8 miles) per hour. |
| 5,001 to 8,000 Ks. inclusive |
20 kms. (12.5 miles) per hour. |
15 kms. (9 miles) per hour. |
10 kms. (6 miles) per hour. |
Upon conviction for exceeding any of the speed limits above mentioned in this subsection, the Director of Public Works may in his discretion require the motor vehicle in question to be equipped permanently either with a reliable speedometer acceptable to the Director of Public Works, or with a properly adjusted and reliable engine governor sealed by the Director of Public Works or his deputies, so as to effectively prevent future over speeding of the motor vehicle. Any subsequent adjusting, repairing or tampering with an engine governor so sealed by the Director of Public Works or his deputies shall be immediately reported to the Director of Public Works in writing by the owner, on penalty of suspension of the certificate of registration for a period not to exceed six months in the discretion of the Director of Public Works.
(b) No person shall operate a motor vehicle on any highway in these Islands recklessly or at a rate of speed greater than that indicated in the foregoing tabulation, nor faster than is reasonable and proper, having regard to the width, traffic, grades, crossings, curvatures, visibility and other conditions of the highways and to the conditions of the atmosphere and weather, or so as to endanger the property or the safety or rights of any person or so as to cause excessive or unreasonable damage to the highway. If the rate of speed of any motor vehicle operated within any city or the poblacion limits of any municipality exceeds thirty kilometers (19 miles) per hour such rate of speed shall be prima facie evidence that the person operating same is operating at a rate of speed greater than is reasonable and proper, and in violation of the provisions of this section. If the rate of speed of a motor vehicle operated on any public highway of the Philippine Islands, where the operator's view of the road and traffic is obstructed when approaching a crossing or intersecting public highway or when traversing a bridge, or a steep descent, or a curve in the highway, or when meeting any other motor vehicle or conveyance moving in an opposite direction, exceeds twenty-five kilometers (sixteen miles) per hour, such rate of speed shall be prima facie evidence that the person operating such motor vehicle is operating the same at a rate of speed greater than is reasonable and proper, and in violation of the provisions of this section. If the rate of speed of a motor vehicle operated upon any highway of the Philippine Islands in passing any street railway car that is stationary or about to stop, on the same side of the car on which passengers are ordinarily received and discharged exceeds fifteen kilometers (9 miles) per hour, such rate of speed shall be prima facie evidence that the person operating such motor vehicle is operating the same at a rate of speed greater than is reasonable and proper and in violation of the provisions of this section.
(c) No person shall unreasonably obstruct or impede the passage or right of travel of any motor vehicle or operator thereof and no operator shall unreasonably obstruct the passage of any other vehicle or person on any highway. The operator of any motor vehicle or the driver of any other vehicle which is traveling at a rate of speed less than the limits mentioned under subsections (a) and (b) of this section shall, upon signal, move to the left of the center of the road at the earliest opportunity, to allow an overtaking vehicle to pass.
(d) A person or vehicle when approaching a highway intersection, shall have reasonable right of way over all persons or vehicles approaching from the right, but shall yield reasonable right of way to all persons or vehicles approaching from the left. Every person found guilty of violating the foregoing provisions of this section shall be punished by a fine of not less than five nor more than fifty pesos or by imprisonment for not more than six months or by both such fine and imprisonment.
Section 27. Unless a different course of action is required in the interest of the safety and security of life, person, or property, every person operating a motor vehicle or guiding an animal drawn vehicle on a highway shall turn to the left when meeting persons or vehicles coming toward him, and to the right when overtaking persons or vehicles going in the same direction, and when turning to the right in going from one highway into another every vehicle shall be conducted to the left of the center of the intersection of the highway, thus:
See Printed Copy Volume 17 Public Laws Page 218
Any person found guilty of a violation of the provisions of this section shall be punished by a fine of not less than five nor more than fifty pesos.
Section 28. No person is permitted to operate a motor vehicle upon or along any sidewalk, walk, path, alley, or other part or section of a highway set aside or reserved for pedestrians. Every violation of this section shall subject the offender to a fine of not more than ten pesos.
Section 29. Any operator of any motor vehicle which is for let or hire to the public, who drinks any intoxicating beverage while on duty, and every person operating a motor vehicle upon a highway while under the influence of liquor shall be punished by a fine of not less than five nor more than two hundred pesos, or by imprisonment for not less than fifteen days nor more than six months, or by both such fine and imprisonment.
Section 30. In the event that any accident should occur as a result of the operation of a motor vehicle upon a highway, the operator is required to come to a stop immediately and if requested by any person present, to give his true name and address and also the true name and address of the owner of the motor vehicle, and the driver of any other vehicle concerned in the accident shall also be required to come to a stop and give his true name and address and the name and address of the owner of the vehicle, if requested, and all other persons present or witnessing the accident shall give their names and addresses if requested.
Section 31. Every motor vehicle operated on any public highway shall be provided with brakes adequate and efficient at all times and with a horn or other signaling device approved by the Director of Public Works or his deputies. No horn or signaling device emitting sounds of an exceptionally loud or startling or disagreeable nature shall be approved by the Director of Public Works or his deputies for any purpose other than police patrol wagons, fire wagons and engines, ambulances, and automobiles and motorcycles especially designated and assigned by the Director of Public Works for the purpose of enforcing the provisions of this Act.
Section 32. Whenever it is necessary for the safety of the public or traffic, every operator shall sound his horn as a warning and also before coming to crossing or intersections of public highways, where his view is obstructed.
Section 33. When meeting or overtaking persons or vehicles every operator of a motor vehicle shall give timely notice and warning of his proximity by sounding his horn. Such warning should be sounded when the operator, having regard to the speed at which he is traveling, is still at a safe distance from the person or vehicle about to be met or overtaken and before the motor vehicle has drawn opposite to or abreast of such person or vehicle, the intent of this provision being the avoidance of a warning within such a short distance that, owing to its nearness and suddenness, it is likely to cause fright or to startle the person, horse, or other animal which is being met or overtaken.
Section 34. Every motor vehicle of more than one meter of projected width, in use on any public highway, whether in motion or not, shall bear two lamps visible from the front one on each side, which not later than one-half hour after sunset and until at least one-half hour before sunrise, shall both be lighted. While the vehicle is in motion on a level the lights shall render the person of a man dressed in dark clothing visible at a distance of not less than thirty meters ahead and the light thrown forward or ahead of the motor vehicle shall be white light. Additional lamps and lights may be carried. The use of a headlight or headlights which concentrate and project the light or any portion thereof into a beam, unless said light is so adjusted or equipped that the projected beam of light therefrom shall not be uncomfortably visible for more than one meter above the surface of the highway at a distance of twenty meters or more, is prohibited within the limits of cities, municipalities or barrios and on any highway when less than fifty meters from an approaching vehicle. Every motor vehicle shall further, during the hours aforesaid, bear in the rear a lamp throwing a white light upon the number plate issued for such vehicle, which light shall render the number legible for a distance of at least eighteen meters in the direction from which such motor vehicle is proceeding. The hours herein fixed within which such lamps shall burn shall not exempt operators from the obligation of lighting such lamps or causing the same to be lighted at earlier or later hours or times, when on account of atmospheric or weather conditions or other phenomena, the use of such motor vehicles upon public highways might otherwise be dangerous or unsafe. Every motor vehicle of less than one meter of projected width shall be subjected to the preceding provisions of this section, except that but one head lamp and one tail lamp will be required thereon. Additional lamps may be carried provided they comply with the preceding provisions of this section.
Every other vehicle, of whatever style, kind, make, character, or nature, when upon a highway during the hours aforesaid, whether in motion or not, shall bear one or more lights so arranged that same shall be visible from the front and the rear of such vehicle. The provisions of this section shall not apply to vehicles parked or standing on well lighted streets of cities and municipalities.
Section 35. Every person operating a motor vehicle upon a public highway shall, on signal by any police officer, and by raising the hand, or on request, or call, or cry from any person, riding, driving, or leading a horse or other animal thereon, bring such motor vehicle immediately to a stop, and, if traveling in an opposite direction, remain stationary so long as may be reasonably necessary to allow such horse or animal to pass, and, if traveling in the same direction, use reasonable caution in passing such horse or other animal, and if such horse or other animal appear to be badly frightened, the operator shall cause the motor of his vehicle to cease running so long as may be reasonably necessary to prevent accident and to insure the safety of others, and shall render assistance, if requested, to enable the person in charge of such horses or animals to pass with them. In approaching or passing a car of a street car or other railway which is stopping to allow passengers to alight or embark, the operator of every motor vehicle shall slow down and, if necessary for the safety of the public come to a full stop. No person shall unreasonably or maliciously call upon the operator of a motor vehicle to stop.
Section 36. The provision of sections twenty-six, thirty, and thirty-five of this Act shall not be applicable to ambulances nor to police patrol wagons, nor to fire wagons and engines, nor to automobiles or motorcycles especially designated and assigned by the Director of Public Works for the purpose of, and while being used for, the enforcement of this Act. This exemption is not, however, to be construed to authorize or condone uselessly or unnecessarily reckless or fast operation of any of the motor vehicles mentioned in this section, nor exempt from liability under this Act, any operator of such motor vehicle for uselessly or unnecessarily fast or reckless operation.
Section 37. All motor power shall be stopped in every motor vehicle whenever the same is unattended on any highway. Whenever a motor vehicle passes through thickly populated districts of any municipality or barrio or through the streets of any city the "muffer," if the vehicle be propelled by an internal combustion motor, shall not be cut out or disconnected and no unnecessary noises of any kind shall be given off, emitted, caused, or made by any motor vehicle at the times or in the places in this section described.
Section 38. No smoke shall be given off or emitted by any motor vehicle in unreasonable or annoying quantities while the same is in or is passing through the streets of any city or the thickly inhabited portions of any municipality or barrio in the Philippine Islands, or in any other place where the same shall constitute a nuisance.
Section 39. No person shall operate, use, play, tamper, or interfere with a motor vehicle without the permission of mi the owner.ℒαwρhi৷ No chauffeur shall use or operate a motor vehicle without proper authority from the owner of said motor vehicle.
Section 40. No person shall drop, place, scatter, or throw, or cause to be dropped, placed, scattered, or thrown upon any highway, any tacks, nails, wire, scrap metal, glass, crookery, or any other substance or thing injurious to the feet of persons or animals, or to the tires or wheels of vehicles.
Section 41. Every operator who refuses, after being requested by the Director of Public Works or his deputies, or by any police officer, to show the license or permit issued to such operator, to operate a motor vehicle, knowing the official character of the person making such request, and every person found guilty of violation of sections thirty-one, thirty-two, thirty-three, thirty-four, thirty-five, thirty-seven, thirty-eight, thirty-nine and forty of this Act shall be punished by a fine of not less than five pesos nor more than two hundred pesos.
Section 42. The conviction of any person of any offense under this Act shall not bar prosecution of other offenses in this Act or elsewhere defined and penalized which may have been committed by such person concurrently with the commission of the offense of which he was convicted or in doing the act or series of acts which constituted the offense of which he was convicted.
Section 43. Whenever any licensed operator or chauffeur has been three times in one year convicted of the violation of any one or more provisions of this Act, or of any regulations lawfully issued or prescribed by the Director of Public Works, the latter may, in his discretion, suspend or revoke the license of the person convicted for a period not to exceed two years.
Section 44. It is hereby made the duty of every clerk of co Court of First Instance in these Islands to certify to the st Director of Public Works at Manila every conviction of any person of any and every violation of this Act which may have taken place in such court, giving the name of the person so convicted, his address, the number of his license or of the certificate of registration of his vehicle, and the date thereof, and briefly the offense of which he was convicted. Similarly it shall be the duty of every such clerk to certify the fact of every judgment for damages or injury found against any owner or chauffeur and based upon any of the provisions of this Act whether penal in their nature or merely declaratory of the law of the road. Like certifications shall also be made to the Director of Public Works, by justices of the peace in these Islands, or by the judge of any municipal court vested with jurisdiction to try such cases, of similar convictions or judgments found by such justices of the peace or municipal judges. For certifying convictions or judgments no fee shall be demanded or paid.
Section 45. In the discretion of the Director of Public Works public notice may be given of the certificates, permits, and licenses issued, suspended or revoked and of motor vehicles transferred during such week under the provisions of this Act. Such public notice shall state the name and address of the owner of the certificate, permit or license, the number thereof, the date of issue, the number shown on the number plates in proper instances, the date of suspension or revocation with the cause thereof, and the period of suspension, if the act made public is a suspension, and such further information as will, by being made publicly known, tend to aid and assist in the efficient enforcement of the provisions of this Act.
Section 46. All the applications, certificates, permits, licenses, transfers, convictions, notifications, suspensions, revocations, and other documents or records herein contemplated, shall be arranged, noted, compiled, entered or recorded as the Director of Public Works shall prescribe with a view of making and keeping the same and each and all of them as accessible as possible to and for persons and officers properly interested in the same. To this end the Director of Public Works is authorized to prescribe and provide from funds appropriated for the administration of this Act, such index, files and other systems as will best accomplish the desired result, and to issue such reasonable regulations governing the search and examination of the documents and records above mentioned as will be consistent with their availability to the public and their safe and secure preservation.
Section 47. The Director of Public Works is hereby authorized with the approval of the Secretary of Commerce and Communications to designate as his agent and deputies, district engineers or provincial or municipal treasurers at such places and offices as he may deem expedient to assist in carrying out the provisions of this Act. And each and every district engineer or provincial or municipal treasurer so designated is hereby vested with all the power and authority which is conferred by this Act upon the Director of Public Works or his deputies, as defined in subsection (o) of section one of this Act. And the Director of Public Works is hereby authorized and empowered to formulate and issue with the approval of the Secretary of Commerce and Communications such administrative rules and regulations as may be found necessary to govern his agents and deputies and to give full effect to the provisions of this Act.
Section 48. Every person who falsely or fraudulently represents himself to be the person named in a license to operate motor vehicles issued under this Act; every person knowingly using or attempting to use a license falsely and fraudulently purporting to be issued under this Act; every person falsely and fraudulently making, issuing, or preparing any license or certificate in imitation or similitude of licenses or certificates issued under this Act; every person falsely or fraudulently making or preparing a certificate or license not in imitation or similitude of certificates or licenses issued under this Act and using or intending to use the same as and for a legal certificate or license, or with intent to sell or otherwise dispose of the same to another; every person falsely or fraudulently representing as valid and in force any certificate or license issued under this Act which has been revoked or the operation and force of which has been suspended, and using or attempting to use the same or disposing or intending to dispose of the same to another as and for a certificate or license in full and legal force and effect; every person who knowingly and with intent to deceive makes one or more false or fraudulent statements in an application for a license under this Act to operate motor vehicles or in an application for the registration of motor vehicles; and every person who in any manner falsely or fraudulently represents himself to be a licensed operator of motor vehicles, shall upon conviction be punished by a fine of not less than twenty-five pesos nor more than two hundred pesos or by imprisonment for not more than two years.
Section 49. The collection of all fees, taxes, fines, etc., under the provisions of this Act, shall be made in accordance with regulations to be prescribed jointly by the Director of Public Works and the Collector of Internal Revenue with the joint approval of the Secretary of Commerce and Communications and the Secretary of Finance.
All moneys collected under the provisions of this Act shall be covered into the Insular Treasury to create a special fund for the maintenance of provincial and Insular roads and bridges, as well as the maintenance of the streets and fl bridges in the cities of Manila and Baguio, to be allotted by the Secretary of Commerce and Communications to the different provinces and the cities of Manila and Baguio, in the following proportions:
Twenty per cent in proportion to the population of the province or city according to the 1918 census.
Twenty per cent in proportion to the combined length of first and second class roads maintained throughout the previous year in the province or city.
Twenty per cent in proportion to the land area of the province or city.
Twenty per cent in proportion to the number of motor vehicles owned or customarily operated in the province or city.
Twenty per cent to be allotted by the Secretary of Commerce and Communications upon recommendation of the Director of Public Works for the maintenance of important roads supporting heavy motor vehicle traffic.
Section 50 (a) The Director of Public Works is hereby authorized to acquire, from funds appropriated for the administration of this law, designate, and assign, with the approval of the Secretary of Commerce and Communications, such automobile, motorcycles, equipment, or accessories, as may be deemed necessary to secure enforcement of the provisions of this Act, and the Director of Public Works and his deputies are hereby authorized to make arrests for violations of the provisions hereof, and to use all reasonable means within their power to secure enforcement of the provisions of this Act.
(b) The appointment subject to the provisions of Act Numbered Twenty-eight hundred and three, section two covering section seventy-nine of the Administrative Code, and the employment from funds appropriated for the administration of this Act, of such officers, clerks, and other employees as may be necessary to be included in the personnel of the Bureau of Public Works to carry out the provisions and purposes of this Act, is hereby authorized.
Section 51. No provincial, city or municipal authority shall regulate or restrict the rate of speed or allowable gross weight of motor vehicles within their respective jurisdictions otherwise than in conformity with the provisions of sections twenty, twenty-one and twenty-six of this Act: Provided, That the Director of Public Works or his deputies may limit the gross weight and maximum speed of any vehicle crossing a bridge or ferry, or operating on any designated section of a highway to a value consistent with the safety or preservation of such bridge or ferry or highway.
Section 52. Every constabulary officer and every city or municipal police officer is hereby given authority, and it is hereby made the duty of all such officers to prevent violations of this Act, and to carry out the police provisions hereof within their respective jurisdictions.
Section 53. The provisions of this Act control, as far as they apply, the registration and operation of motor vehicles, and the licensing of owners, dealers, and chauffeurs, and the carrying of lights on all vehicles. Act Numbered Twenty-one hundred and fifty-nine, entitled "An Act to regulate motor vehicle traffic in the Philippine Islands, to provide for the registration of motor vehicles and the licensing of operators, and to require all vehicles on highways to carry lights, and for other purposes," as amended by Acts Numbered Twenty-two hundred and fifty-six, Twenty-three hundred and eighty-nine, Twenty-five hundred and eighty-seven, Twenty-six hundred and thirty-nine and Twenty-nine hundred and sixty-five are hereby declared to be and are superseded and repealed in their entirety, from the date on which this Act becomes effective. Such parts of subsections (i), (n), and (u) of section eight of Act Numbered Twenty-seven hundred and seventy-four as amended by Act Numbered Twenty-nine hundred and sixty-' five, and of section twenty-one hundred and fifty-one of Act Numbered Twenty-seven hundred and eleven, as are contrary to the provisions of this Act, are hereby declared to be and are superseded and repealed from the date on which this Act becomes effective. All other acts or parts of acts contrary to the provisions of this Act, and all ordinances, resolutions, regulations, restrictions, or other provisions of any city, municipality, board, authority, or person, in conflict with the provisions of this Act are hereby declared to be and are superseded and repealed from the date on which this Act becomes effective. The certificate of of registration issued under the provisions of this Act for any motor vehicle shall, while the same is effective and has not been suspended or revoked, authorize such motor vehicle to be used and operated on all public highways in any province, city, or municipality of the Philippine Islands. Every license issued under the provisions of this Act to any operator shall entitle the person to whom issued, while the same is effective and .not suspended or revoked, to operate the motor vehicles described in such license in any province, city or municipality of the Philippine Islands. No further fees than those fixed in this Act shall be exacted t. or demanded by any public authority of these Islands for the operation or use of any motor vehicle on any public highway, bridge or ferry, or for the operation of any motor vehicle by the owner thereof: Provided, however, That nothing in this Act shall be construed to exempt any motor vehicle from the payment of any lawful and equitable Insular, local or municipal property tax imposed thereupon: And provided, further, That any provincial board, city or municipal council or board, or other competent authority may exact and collect such reasonable and equitable toll fees for the use of the bridges and ferries, within their respective jurisdictions, as may be authorized and approved by the Secretary of Commerce and Communications, and also for the use of the public roads, upon authorization by the Governor-General and the recommendation of the Secretary of Commerce and Communications, but in all such cases, the approved schedule of tolls shall be posted in a conspicuous place at each toll station: And provided, further, That municipal councils are authorized and empowered to prescribe reasonable regulations and nominal fees not inconsistent with this Act for the conduct, control, and operation of garages, and to determine where and how vehicles may park upon or occupy, while not in use, the public streets or places.
Section 54. This Act shall take effect on its approval and shall apply to the nineteen hundred and twenty-two registration of motor vehicles and to subsequent years: Provided, That owners of motor vehicles which, prior to the approval of this Act, have been registered under previous Acts or city or municipal ordinances, for the year nineteen hundred and twenty-two shall be given an extension of time for re-registration under the provisions of this Act for the fiscal year nineteen hundred and twenty-two, until the last working day in the month of June, nineteen hundred and twenty-two, without becoming delinquent, and such owners shall be allowed credit for and may have deducted by the Director of Public Works or his deputies the amount of fees paid by them under such laws and ordinances for the year nineteen hundred and twenty-two, and said owners shall in case the registration fees stipulated under this Act are in excess of the amount already paid as fees for nineteen hundred and twenty-two under said Acts or ordinances, be required to pay to the Director of Public Works or his deputies, an amount equal to such difference or excess of fees: And provided, further, That no actual refund or reimbursement of fees or parts thereof shall be made to the owner, even if the fees already paid under previous Acts or ordinances exceed those stipulated under this Act: And provided, further, That the credit allowed under this section shall be taken into account in the allotment of funds to provinces and cities under section forty-nine of this Act: And provided, finally, That the provisions of this section shall apply in like manner to the fees for licensing of operators and chauffeurs.
Approved, March 10, 1922.
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