[ Act No. 3992, December 03, 1932 ]
AN ACT TO AMEND AND COMPILE THE LAWS RELATIVE TO MOTOR VEHICLES.
Be it enacted by the Senate and House of Representatives of the Philippines in
Legislature assembled and by the authority of the same:
CHAPTER I.-PRELIMINARY PROVISIONS
ARTICLE I.-Title and scope of Act
Section 1. Title of Act.-This Act shall be known as the Revised Motor Vehicle Law.
Section 2. Scope of Act.-The provisions of this Act shall control, as far as they apply, the registration and operation of motor vehicles; the licensing of owners, dealers, and chauffeurs; the carrying of lights on all vehicles; and all similar matters.
ARTICLE II.-Definitions
Section 3. Words and phrases defined.-For the purposes of this Act:
a. "Motor vehicles" are all vehicles using the public highways, if propelled by any power other than muscular power, but excepting road rollers, trolley cars, streets sweepers and sprinklers, lawn mowers or vehicles which run only on rails or tracks, tractors, traction engines of all kinds used exclusively for agricultural purposes.
Trailers, having any number of 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.
b. "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 also be classified as passenger automobiles, if their net allowable carrying capacity as determined by the Director of Public Works does not exceed eight passengers are not used primarily for carrying freight or merchandise.
The distinction between "passenger truck" and "passenger automobile" shall be that of common usage. Usually a motor vehicle registered for more than eight passengers would be termed a truck. In case of dispute, the Director of Public Works shall determine the classification to which any special type of motor vehicle belongs.
c. "Chauffeur" includes every and any licensed operator of a motor vehicle.
d. "Professional chauffeur" includes every and any chauffer, hired or paid for driving or operating a motor vehicle, whether for private use or for hire to the public.
An owner driving his own car for hire is also a professional chauffeur.
e. "Operator" includes every person guiding or controlling a motor vehicle along a highway, 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, members of the owner's immediate family who are more than eighteen years of age, and also every other 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, with its professional chauffeur from a garage or street stand.
The "owner", of publicly owned motor vehicles, is the head of the office or the chief of the bureau to which the said motor vehicle belongs.
g. "Dealer" includes every person, association, partnership or corporation making, manufacturing, constructing, assembling, or setting up motor vehicles in these Islands for gale; and every such entity acting as agent for the sale of one or more makes, styles, or kinds of motor vehicles, dealing in motor vehicles, keeping the same, in stock, or selling same or handling with a view of trading in same.
h. "Garage" is any building in which two or more motor vehicles, either with or without chauffeurs, are kept ready for hire to the public, with the exception of street stands, public service stations, or other public places designated by proper authority as parking spaces for motor vehicles for hire, while awaiting or soliciting business.
i. "Gross weight" includes the measured weight of a motor vehicle in running condition, 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.
j. "Highways" includes every public thoroughfare, every public boulevard, driveway, avenue, park, parkway, plaza, square, place, street, road, alley, and callejon. The term "highway" shall not be deemed to include roadway or driveway upon grounds owned by private persons, colleges, universities or other institutions.
k. 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.
l. "Parking or parked", for the purpose of this Act, a motor vehicle is "parked" if it has been brought to a stop on or at the edge of a highway or public place, and if it remains inactive in that place or close thereto, for an appreciable period. A motor vehicle which stops merely to discharge or to take in a waiting passenger, or to load or unload a small quantity of freight with reasonable dispatch, shall not be considered as "parked", if the motor vehicle again moves away without delay.
m. "Tourist" includes one who travels from place to place for pleasure or culture, or a person who is sojourning in the Philippine Islands for a short period of time.
ARTICLE III.-Administration of Act
Section 4. Power and duties of the Director of Public Works.-The Director of Public Works shall be in charge of the administration of this Act and shall have in connection therewith the following powers and duties, in addition to those mentioned elsewhere in this Act:
a. Within the approval of the Secretary of Commerce and Communications, to establish rules and regulations not in conflict with the provisions of this Act, prescribing the procedure of licensing and bonding chauffeurs, registration and re-registration of motor vehicles, transfer of ownership, change of status, replacement of lost certificates, licenses, badges, permits or number plates, allowable gross weight and passenger capacity, allowable length, width and height of motor vehicles, distribution of loads, allowable loads on tires, change of tire size, body design, or carrying capacity subsequent to registration, and all other special cases which may arise, for which no specific provision is otherwise made in this Act. Provided, That all motor vehicles now registered in accordance with the provisions of Act Numbered Three thousand and forty-five having a width greater than permitted by the rules and regulations to be issued shall be ordered changed and rebuilt by the Director of Public Works to conform with said rules and regulations within a period of three months from the date the owner of said vehicle or vehicles receives notice to make such change from the Director of Public Works.
b. To the end that 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 prescribe and provide from funds appropriated for the administration of this Act such index, files and other systems as will best accomplish the desired results, 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.
c. To give, in his discretion, public notice of the certificates. permits, licenses and badges issued, suspended or revoked of motor vehicles transferred and of chauffeurs bonded under the provisions of this Act.
d. With the approval of the Secretary of Commerce and Communications, to designate as his agent and deputy any employee of the Bureau of Public Works, or such other persons as he may deem expedient to assist in carrying out the provisions of this Act.
And each and every deputy so designated is hereby vested with all the power and authority which is conferred by this Act upon deputies of the Director of Public Works.
And the Director 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.
e. To acquire from funds appropriated for the administration of this Act, and to designate and assign, with the approval of the Secretary of Commerce and Communications, such automobiles, motorcycles, equipment, or accessories, as may be deemed necessary to secure enforcement of the provisions of this Act.
f. To appoint subject to the provisions of Act Numbered Twenty-eight hundred and three, section two, covering section seventy-nine (d) of the Administrative Code, and to employ from funds appropriated for the administration of this Act, 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.
g. The Director of Public Works and his deputies are hereby authorized to make arrest for violations of the provisions of this Act and of the Public Service Act (Numbered Thirty-one hundred and eight as amended) in so far as motor vehicles are concerned, and to use all reasonable means within their power to secure enforcement of the provisions of these Acts.
h. Inspection of motor vehicles.-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 unsightly, unsafe, overloaded, improperly marked or equipped, or otherwise unfit to be operated because of possible danger to the chauffeur, to the passengers, or the public; or because of possible excessive damage to the highways, bridges or culverts.
i. The Director of Public Works may limit the gross weight and speed of any vehicle, whether motor or animal driven, when crossing a bridge or ferry, or operating on any designated section of a highway to a value consistent with the safety of the public and the preservation of such bridge or ferry or highway.
j. Every Constabulary officer and every city or municipal police officer not lower than the rank of sergeant, is hereby given authority, and it is hereby made the duty of all such officers to prevent violations of this Act, and to any out the police provisions hereof within their respective jurisdictions.
k. Whenever any deputy of the Director of Public Works, or any police or Constabulary officer apprehends a motor vehicle being operated in violation of a minor provision of this Act, or of the Public Service Acts, such that, in his opinion, action in court would result in merely a nominal fine, he may instead of taking judicial action issue a warning to the owner or operator at fault, and in all such cases shall notify the Director of Public Works, of the circumstances. Similar notification shall also be made to the Public Service Commission in all such cases involving violation of the Public Service Acts.
Notation of all such warnings shall be entered in the records, and a copy shall be mailed to the owner and to the chauffeur at fault.
CHAPTER II.-REGISTRATION OF MOTOR VEHICLES
ARTICLE I.-Duty to register; reports; applications; classification
Section 5. (a) Motor vehicles must be registered.-No motor vehicle shall be used or operated on, or upon any public highway of the Philippine Islands unless the same is properly registered for the current year in accordance with the provisions of this Act.
(b) Any registration of motor vehicles not renewed on or before the last working day of February of each calendar year shall become delinquent and invalid.
(c) Reports of motor vehicle sales.-On the first day of each month, every dealer in motor vehicles shall furnish the Director of Public Works a true report showing the name and address of each purchaser of a motor vehicle during the previous month and the manufacturer's serial number and motor number; a brief description of the vehicle, and such other information as the Director of Public Works may require.
(d) Reports of change of factory number.-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 including 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.
(e) Report of mortgages.-Whenever any owner hypothecates or mortgages any motor vehicle as security for a debt or other obligation, the creditor or person in whose favor the mortgage is made, shall, within seven days, notify the Director of Public Works in writing to that effect, stating the registration number of the motor vehicle, date of mortgage, names and addresses of both parties, and such other information as the Director of Public Works may require. This notice shall be signed jointly by the parties to the mortgage.
On termination, cancellation or foreclosure of the mortgage, a similar written notice signed by both parties, shall be forwarded to the Director of Public Works by the owner.
Those notices shall be filed by the Director of Public Works in the motor vehicle records, and in the absence of more specific information, shall be deemed evidence of the true status of ownership of the motor vehicle.
Section 6. (a) Application.-Every owner of a motor vehicle used or in actual operation on the public highway in the Philippine Islands, shall within seven days after taking actual possession but before the same is so operated, 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 an application for registration of each motor vehicle owned or possessed by him. In the case of a motor vehicle which requires the construction of a body on a factory made chassis, application shall be filed within seven days after completion of such body. Each application shall contain such information respecting the vehicle and owner, as the Director of Public works may require.
Every owner of a motor vehicle shall notify the Director of Public Works of any change of ownership or residence which forty-eight hours.
(b) Date of application by mail.-The date of cancellation of the postage stamp of envelopes containing money orders, checks or cash shall be considered as the date of application, except in the case of improperly prepared applications, when we date of cancellation of the postage stamp of the envelope containing the properly prepared application shall of considered as the date of the application.
Section 7. Registration classification.-Owners may make applications for registration of a motor vehicle under any one of the following described classifications.
(a) Private passenger automobiles; (b) Private trucks; and (c) Private motorcycles or motor wheel attachments.- Motor vehicles registered under these classifications shall not be used "for hire" under any circumstances, and shall not solicit or accept passenger or freight for pay.
(d) Public utility automobiles; (e) Public utility trucks; and (f) Taxis.-Applications for registration under these classifications must be accompanied by a certificate of public convenience or a special permit issued by the Public Service Commission, and motor vehicles registered under these classifications shall be subject to the public service laws, rules and regulations, as well as the provisions of this Act.
(g) Garage automobiles; and (h) Garage trucks.-In order to secure registration under these classifications, not less than five such motor vehicles must be registered and maintained under one ownership. Motor vehicles so registered shall be kept in a privately owned garage, except when called or actually hired by a bona fide customer, and shall, under no circumstances, solicit or accept passengers or freight for pay while operating or standing on or along the public highways. Applications for registration under these classifications must be accompanied by a certificate of public convenience or a special permit issued by the Public Service Commission.
(i) Hire trucks.-Motor vehicles registered under this classification shall be allowed to carry freight only. Laborers necessary to handle such freight, however, are allowed to ride on the truck. They may solicit and accept freight at any place, except within a radius of one hundred meters from any "competing public station" designated as such by the Public Service Commission: Provided, however, That a bona fide customer may engage a "hire truck" to haul and deliver definitely described shipments addressed to the customer when such shipments have been discharged at such stations by a public service vehicle, awaiting orders of the customer. Applications for registration under this classification must be accompanied by a certificate of public convenience or a special permit issued by the Public Service Commission.
(j) Undertakers.-This is a separate designation of "hire truck" for motor hearses only.
(k) Dealers.-Registration under this classification are intended to cover generally and successively all the motor vehicles imported or handled by the dealers for sale. Motor vehicles registered under the dealers' classification shall, under no circumstances be employed to carry passenger or freight in the dealers' business or for hire. They may be operated under this classification only for the purpose of transporting the vehicle itself from pier to warehouse or sales room or for delivery to an intending purchaser or for test or demonstration.
(l) Government automobiles; (m) Government trucks; (n) Government motorcycles.-Motor vehicles owned or controlled by the Government of the United States of America, or the Government of the Philippine Islands, or any of its political subdivisions, shall be registered under these classifications. Motor vehicles owned by Government employees or by foreign governments are not considered Government motor vehicles.
(o) Tourists bringing their own motor vehicles to the Islands may use the same during but not after the first ninety days of their sojourn, provided that the motor vehicle displays the number plates for current year of some other country or state, and provided further that said number plates with the name and address (permanent and temporary) of the owner thereof be registered in the Bureau of Public Works prior to the operation of the motor vehicle on any highway in these Islands.
If such tourists remain in the Islands longer than ninety days, they shall be required to register their motor vehicles and to pay the corresponding registration fees.
(p) Special.-The Director of Public Works may, in his discretion, allow the registration under this special classification of cases which do not conform to the foregoing described regular classifications.
ARTICLE II.-Registration fees
Section 8. Tariff of registration fees.-(a) Except as otherwise specifically provided in this Act, each application shall be accompanied by an annual registration fee in accordance with the following tariff:
(b) Private automobiles with pneumatic rubber tires, for less than six passengers, the sum of twenty-five pesos; tires. private automobiles with pneumatic tires, for six to eight passengers, the sum of forty pesos.
(c) Motor trucks or passenger busses of any classification with pneumatic rubber tires, the sum of two pesos per hundred kilograms of maximum allowable gross weight or fraction thereof.
(d) Motor trucks or passenger busses of any classification with solid rubber tires or with part solid and part solid number pneumatic rubber tires, the sum of two pesos and fifty centavos per hundred kilograms of maximum allowable gross weight or fraction thereof.
(e) Private motor vehicles with metallic tires in whole or in part, the sum of ten pesos per hundred kilograms of maximum allowable gross weight or fraction thereof.
(f) Motorcycles of two or three wheels, and bicycles with motor attachments, the sum of eight pesos.
(g) Trailers of any classification with pneumatic rubber tires, the sum of one peso per hundred kilograms of maximum allowable gross weight or fraction thereof.
(h) Trailers of any classification with solid rubber tires or with part solid and part pneumatic rubber tires, the sum of one peso and fifty centavos per hundred kilograms of maximum allowable gross weight or fraction thereof.
(i) Trailers of any classification with metallic tires, the sum of five pesos per hundred kilograms of maximum allowable gross weight or fraction thereof.
(j) The fee for registration of passenger automobiles, trucks and motorcycles under the public utility, garage, or hire classifications shall be two times the fees mentioned for private motor vehicle.
(k) Dealers.-No fees shall be charged for the general registration of motor vehicles contemplated under the dealers classification, but in lieu thereof they shall pay the special fees for dealers' number plates provided hereinafter.
(l) Registration under the "Government motor vehicle" classifications shall be free of charge, on request of the chief of bureau or office concerned.
(m) Tourists bringing their own motor vehicles to the Islands, shall be exempt from payment of registration fees under this Act during but not after the first ninety days of their sojourn.
After the first ninety days, they shall be subject to the regular fees, except that the Director of Public Works or his deputies may, in their discretion, require payment of fees in advance for only the fractional part of a year for which the tourist expects to remain in the Islands.
(n) Motor vehicles not intended to be operated or used upon any public highway or motor vehicles operated on highways not constructed nor maintained by the Government, or to be placed out of service for any other reason, shall be exempt from payment of the registration fees provided in this Act: Provided, however, That no refund, credit for, or reimbursement of registrations or parts thereof shall be made to any owner on account of a motor vehicle which is taken out of service subsequent to the payment of such registration fees.
(o) The maximum allowable gross weight of a motor truck, passenger bus, or trailer, upon which to compute the registration fee therefor, shall be obtained by regulations to be promulgated by the Director of Public Works. The Director of Public Works shall, upon passage of this Act and from time to time thereafter as the needs of the service may require, prepare suitable tables of maximum allowable loads per wheel for different sizes and kinds of tires, and shall issue regulations for the proper use thereof subject to the approval of the Secretary of Commerce and Communications, as provided in section four (a) hereof.
Section 9. Special permits, fees for.-The Director of Public Works with the approval of the Secretary of Commerce and Communications shall establish regulations and a tariff of additional fees under which special permits may be issued in the discretion of the Director of Public Works or his deputies, for each of the following special cases, and without such special permit, no such motor vehicle shall be operated on the public highways.
a. To operate a motor vehicle or trailer outfit such that the gross weight in kilos divided by the number of wheels shall exceed two thousand kilos average load per wheel.
b. To operate a motor vehicle with wheel loads in excess of those allowed under the regulations issued as provided in section four (a) hereof.
c. To operate a motor vehicle with any part of the loads extending beyond the projected width of the vehicle.
d. For registration or use of a motor vehicle exceeding the maximum projected width prescribed by the Director of Public Works under the regulations issued as provided in section four (a) hereof.
e. To mill more than two trailers behind a motor vehicle.
f. For registration of a motor vehicle under special classification (p) of section seven hereof.
g. For any other special authority relating to the use of motor vehicles, not otherwise specifically provided herein.
Section 10. Additional fees.-In addition to the fees elsewhere provided in this Act, for each change of registration status, from private to hire or vice versa; revision of gross weight rating; change of tire size; transfer of ownership; duplicate to replace a lost registration certificate, number plate, tag, chauffeur's license, or permit; badge; preparation of affidavit or certified copy of records, or for any similar circumstance requiring the issue, revision or reissue of certificate of registration, chauffeur's license, badge, permit, or other document, a fee of one peso shall be collected, to cover the clerical expense of investigating and recording the same.
The issuance of a duplicate certificate, number plate, tag, license badge or permit shall render the original invalid.
Section 11. Registration fees for part of year.-If any application for the first registration is made during the first quarter of a calendar year, the total annual fee for that year shall be paid.
If such first application is made during the second quarter of a calendar year, three-fourths of the annual fee for that year shall be paid.
If such first application is made during the third quarter, one-half of the annual fee shall be paid.
If during the fourth quarter, one-fourth of the annual fees shall be paid.
This section shall not be construed to allow quarterly renewals of registration in order to avoid payment of fees in advance for the entire year.
ARTICLE III.-Registration certificates, records, number plates
Section 12. Filing application and issuing certificates.-Upon receipt of the application for registration, with corresponding fee, the Director of Public Works or his deputies shall cause the same to be registered or filed for future reference, and shall issue to the applicant a numbered certificate of registration for each separate motor vehicle.
Section 13. Use and authority of certificate of registration.-(a) The said certificate shall be preserved and carried in the car 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 re-registration or transfer of ownership, on penalty of refusal by the Director of Public Works to re-register or transfer, until the said certificate is presented or a duplicate purchase as Provided in this Act.
(b) The certificate of registration issued under the provisions of this Act for any motor vehicle shall, while the same is valid and 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.
(c) No motor vehicle shall be operated on the public highways in a manner which would place it under a classification requiring a larger registration fee than that stated in the certificate of registration.
Section 14. Suspension of registration certificate.-If on inspection as provided under section four (h) hereof, the Director of Public Works or his deputies find any motor vehicle to be unsightly, dangerous, overloaded, or capable of causing excessive damage as aforesaid, he may refuse to register the same, or if already registered he may, upon twenty-four hours notice to the owner or operator, suspend such registration and require the number plates to be surrendered to him for a period not to exceed thirty days. When the record of any particular motor vehicle or of its chauffeurs shows for any twelve months period, more than three warnings to the owner or chauffeur for violations of this Act, or of the Public Service Acts, or more than one conviction by the courts, the Director of Public Works may in his discretion or upon recommendation of the Public Service Commissioner, suspend the certificate of registration and require the surrender of the number plates for a period not to exceed sixty days.
After two such suspensions, the owner may be refused re-registration of the vehicle concerned for one year.
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.
Section 15. Dealer's certificate of registration.-The Director of Public Works shall, on request, issue, without charge to each dealer in motor vehicles, a "dealer's certificate of registration", under which all motor vehicles in his stock for sale shall be considered as registered.
Section 16. Number plate, description of.-All number plates shall be of such color, size, and design as may be selected and determined by the Director of Public Works.
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 17. Number plate, preparation and issuance of.-(a) The Director of Public Works shall cause number plates to be prepared and issued to owners of motor vehicles and trailers registered under this Act, charging a fee of one peso for each complete plate including the numerals indicating the year of registry; Provided, however, That in case no number plates are available, the Director of Public Works or his deputies may issue, without charge, a written permit temporarily authorizing the operation of any motor vehicle with other means of identification.
(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-registration, charging a fee of fifty centavos for each tag issued.
Section 18. Use of number plates.-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 said identification number plates, 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 by the owner or operator in a manner to be entirely visible and always legible, and not wholly or partly hidden or obscured by bumpers or. other parts of the vehicle: or by articles of any description carried on such vehicle.
Section 19. Dealer's number plate.-To any dealer who desires to operate motor vehicles from his stock, for demonstration of test purposes, the Director of Public Works shall furnish special dealer's number plates, upon payment of ten pesos annually for each plate furnished or retained in such service, plus a fee of fifty centavos for each year tag issued, if any.
Section 20. Use of vehicle with dealer's number plate.-Under no circumstances shall a dealer's number plate be displayed on any motor vehicle after said vehicle has been delivered to a purchaser, and no dealer shall allow such dealer's plates to remain on any motor vehicles after delivery to a purchaser.
CHAPTER III.-OPERATION OF MOTOR VEHICLES
ARTICLE 1.-License to drive motor vehicles
Section 21. Duty to procure license.-Except as otherwise specifically provided in this Act, no person shall operate any motor vehicle on the public highways without having procured a license for the current year, nor while such license is delinquent, invalid, suspended or revoked.
The license or its duplicate in case of its loss shall be carried by the chauffeur at all times when operating a motor vehicle, and shall be shown to any peace officer or surrendered to any deputy of the Director of Public Works of request.
Section 22. Licenses for enlisted men operating Government motor vehicles.-Every enlisted man operating a motor vehicle owned by the Government of the United States, or the Government of the Philippine Islands shall be licensed in accord with the provisions of this Act with the exception that no license or delinquent fees shall be collected therefor. 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 the holder thereof to operate a privately owned motor vehicle.
Section 23. Operation, of motor vehicles by tourists.-(a) Subject to the conditions and restriction in this section provided, bona fide tourists and similar transients may be allowed to operate motor vehicles without a license, during but not after the first ninety days of their sojourn in the Islands.
If any accident or incident occurs, which upon investigation by the Director of Public Works indicates that the said tourist or transient is an improper or incompetent person to operate motor vehicles, the Director of Public Works shall immediately inform the said tourist or transient in writing that operate without a license.
After the first ninety-day period mentioned, tourists and similar transients desiring to operate motor vehicles shall pay the fees and obtain and carry a license as provided under section twenty-four of this Act.
(b) Tourists will not be required to present a personal cedula to register their motor vehicle or to obtain a license, but are required, in lieu of a cedula, to make a written statement on applications, to the effect that they are tourists and also as to the probable time they expect to remain in the Islands.
Section 24. Driver's license, fees, examination.-Every person who desires personally to operate any motor vehicle shall make annual application on or before the last working day of February, to the Director of Public Works or his deputies for a license to drive motor vehicles.
Each such annual application except in the case of enlisted men operating government owned vehicles shall be accompanied by a fee of two pesos, and shall contain such information respecting the applicant and his ability to operate motor vehicles, as may be required by the Director of Public Works.
The Director of Public Works or his deputies shall also ascertain that the applicant's sight and hearing are normal, and may, in their discretion, require a certificate to that effect, signed by a reputable physician.
An examination or demonstration to show any applicant's ability to operate motor vehicles may also be required in the discretion of the Director of Public Works or his deputies.
Section 25. Professional chauffeur's photograph.-Each applicant for a professional chauffeur's license shall, upon notice that his qualifications have been found satisfactory, and prior to the issuance of said license, furnish 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 shall be filed and kept as provided under this Act.
Section 26. Issuance and authority of chauffeur's license; professional chauffeur's badge.-If after 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 issue to such applicant a license to operate as chauffeur, motor vehicles of the kind, style, type, or power described in the applications, until the last working day of February of the year following the issue, or until such license is otherwise suspended or revoked.
If the Director of Public Works or his deputies do not believe the applicant to be a person qualified to operate motor vehicles, they shall not issue a license to such applicant, in which event, the applicant's fee shall be returned to him.
Every license issued under the provisions of this Act to any chauffeur shall entitle the person to whom issued, while the same is valid and 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: Provided, however, That every licensed professional chauffeur, before operating a public service motor vehicles registered under classifications (d) to (i) inclusive of section seven hereof, shall apply for and receive from the Director of Public Works, upon payment of the sum of fifty centavos, a chauffeur's badge which he shall at all times while so operating a motor vehicle display in plain sight upon the band of his cap or upon the lapel of his outer coat. Such chauffeur's badge shall be of metal with a plainly readable distinguishing number assigned to the licensee stamped thereon.
The badge which shall be issued in accordance with the provision of this section shall be surrendered by the chauffeur to the Director of Public Works whenever his license or expires or shall have been suspended or revoked.
Section 27. Persons under eighteen years of age.-No license, whether to owners of motor vehicles or to professional chauffeurs, shall be issued to any person under eighteen years of age, and no person under eighteen years of age shall be permitted to operate a motor vehicle upon any highway of the Philippine Islands.
Section 28. Employment of chauffeurs.-No owner, dealer, proprietor of garage, chief of bureau, head of office or other person or entity shall engage, employ, or hire any person to operate a motor vehicle, unless the person whose employment is contemplated is a professional chauffeur, licensed as such for the current year.
Section 29. Chauffeur's records.-Whenever any professional chauffeur, employed as such, or operating a motor vehicle for hire, changes his address, or leaves the service of one employer, or begins service for a new employer, he shall within fifteen days of such change, notify the Director of Public Works in writing, giving his own name, old and new address, chauffeur's license number, and badge number, if any, the new employer's name and address, the registration numbers of the motor vehicles he is employed to operate, and such other information as the Director of Works may require.
Section 30. Signing of license.-Every license or duplicate thereof issued to operate a motor vehicle shall bear the signature of the licensee and without such signature, shall be invalid.
Section 31. Renewal of license.-Any license not renewed on or before the last working day of February of each year shall become delinquent and invalid.
The fee for renewal of a delinquent license shall be five pesos.
Every applicant for renewal of license to operate a motor vehicle, shall present to the Director of Public Works, either in person or by mail or messenger, the license issued to the applicant for the previous year, together with the proper fee and, in the case of professional chauffeurs, three copies of a readily recognized photograph of the applicant which photograph shall have been taken not exceeding six years prior to the date of application for renewal.
Lost license.-In case the license for the previous year has been lost or cannot be produced, the applicant shall obtain a duplicate in accord with section ten of this Act, on penalty of refusal, by the Director of Public Works or his deputies to renew the license: Provided, however, That the Director of Public Works or his deputies may, in their discretion, accept in lieu of the previous year's license, the duly signed and sworn statement of an operator to the effect that he has not operated any motor vehicle in the Philippine Islands during the year or years for which no license was issued in his name.
The Director of Public Works and his deputies are hereby authorized to administer the oath in connection with such an affidavit.
Section 32. Suspension, and revocation of chauffeur's license.-(a) The Director of Public Works may suspend, for a period not exceeding three months, or, after hearing, revoke any chauffeur's license or permit issued under the provision of this Act, and may order any such license or permit to be delivered to him whenever he has reason to believe that the holder thereof is an improper 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. Any deputy of the Director of Public Works may also, under the circumstances stated herein, suspend, for a period not exceeding three months, any chauffeur's license or permit issued under the provisions of this Act provided that such suspension shall be subject to the approval of the Director of Public Works who may, after reviewing the papers of the case, confirm, reverse or modify the action taken by such deputy.
(b) Whenever any licensed operator or chauffeur has been three times in twelve months convicted of the violation of any one or more provisions of this Act and of the Public Service Acts or of any regulation lawfully issued or prescribed by the Director of Public Works, or any municipal or city ordinance relating to motor vehicle traffic not in conflict with any of the provisions of this Act, the Director of Public Works may, in his discretion, suspend or revoke the license of the person convicted for a period not to exceed two years.
(c) The license or permit suspended or revoked under the provisions of subsections (a) and (b) of this section shall not be reissued unless the operator or chauffeur owning the license has furnished a bond in accordance with section thirty-three of this Act and only after the Director of Public Works has satisfied himself that such operator or chauffeur may again safely be permitted to operate.
(d) 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.
Section 33. Chauffeur's bond.-The Director of Public Works before returning any operator's or chauffeur's license which has been suspended or revoked under the provisions of the preceding section or of any provision of this Act, may require such operator or chauffeur to file with him a satisfactory bond in the sum of one thousand pesos conditioned for the satisfaction and payment of any claim which may be filed or any execution which may be issued against such operator or chauffeur in any cause arising out of damage caused by the operator of a motor vehicle. The bond required in his section shall be in such form as to render sureties liable at least for a period not less than one year nor more than three years: Provided, however, That upon written application to the Director of Public Works, for release from such a bond, the Director of Public Works may after cancelling or suspending the chauffeur's license, authorize the release of the bondsmen from further responsibilities thereunder: And provided, further, That no such bondsmen shall be released from the bond of any chauffeur who is under arrest or for whom a summons or warrant of arrest has been issued or is about to be issued as the result of a motor vehicle accident or suspected violation of the Motor Vehicle Law, involving the said chauffeur: And provided, moreover, That should the Director of Public Works decide not to revoke permanently the license of a chauffeur of a motor vehicle who has been convicted in a court of justice for homicide through reckless imprudence, or after the third conviction of the said chauffeur for violation of the speed limit, or after the third conviction for reckless driving, he shall require the chauffeur to file a satisfactory bond in the sum of not less than two thousand which amount shall respond to any claim which may be filed, or any execution which may be issued against him in any cause arising out of damage caused by the operation of a motor vehicle.
Section 34. Temporary operator's permit.-The Director of Public Works and his deputies are hereby authorized, in their discretion, to issue without charge temporary operator's permits covering a specified period not to exceed thirty clays, to persons who have surrendered their operators licenses to the Director of Public Works or his deputies for purposes of renewal, or for minor offenses, and where circumstances prevent the immediate issuance of the renewal license.
Such temporary permits shall become invalid upon the termination of the thirty-day period therein specified, unless renewed in writing by the Director of Public Works or his deputies for an additional period.
Section 35. Student's permit.-Upon receipt of a fee of one peso the Director of Public Works or his deputies are further authorized to issue student's permits, good for six months, to persons not under eighteen years of age, who desire to learn to operate motor vehicles. The Director of Public Works may in his discretion require six months operation as a student, as a prerequisite to the acceptance of an application for a chauffeur's license.
In the discretion of the Director of Public Works or his deputies, persons claiming to have learned to operate motor vehicles in other countries or states, may be allowed to apply for a regular license without the previous requirement of a student's permit.
A student operator who applies for a regular license, but fails to prove competent in the examination, shall continue as a student for at least six additional months. No student's permit shall authorize the person to whom the same is issued to operate a motor vehicle in any public highway, unless accompanied by some person carrying a regular license for the current year, issued under this Act to operate such motor vehicle.
The licensed chauffeur 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, on account or as a result of its operation by a student under his direction.
ARTICLE II.-Illegal uses of licenses, number plates, etc.
Section 36. Transfer and other disposal of number plates license, etc.-Except in the case of dealers' plates which may be used successively on various motor vehicles in stock no owner or other person shall transfer any number plate from one vehicle to another vehicle nor lend, give, sell or otherwise dispose of any chauffeurs license, badge, certificate of registration, number plate, tag or permit issued hereunder. No person not lawfully entitled thereto shall receive or use such license, badge, certificate, number plate, tag or permit from another person.
Section 37. Taking license, etc., without licensee's consent.-No person other than a police or Constabulary officer or a deputy of the Director of Public Works shall take or carry any chauffeur's license, badge, certificate, number plate, tag or permit issued under this Act without the knowledge or against the wiI1 of the person lawfully entitled thereto.
Section 38. Imitation and false representations.-No person snail make or use or attempt to make or use a chauffeur's license, badge, certificate of registration, number plate, tag, permit in imitation or similitude of those issued under Act, or intended to be used as or for a legal license, badge, certificate, plate, tag or permit, or with intent or otherwise dispose of the same to another. No person shall falsely or fraudulently represent as valid and in force any chauffeur's license, badge, certificate, plate, tag or permit issued under this Act which is delinquent or which Has been revoked or suspended.
No person shall knowingly and with intent to deceive make one or more false or fraudulent statements in an application for the registration of vehicles, or for a chauffeur's license.
ARTICLE III.-Passengers and freight
Section 39. Trip card.-Every operator of a motor vehicle carrying passengers for hire, shall at all times when on the Public highways, carry a "Motor Vehicle Trip Card" to be furnished by the owner and having headings, blank columns and spaces to be prescribed by the Director of Public Works, on which the owner shall enter or cause to be entered by the operator or other agent, a correct, indelible and legible record of the trip on which the motor vehicle is being used or operated, including the registration number, names of operator and owner, date and time of leaving garage or place of business, destination, number of passengers, and such other information as may be required by the Director of Public Works.
In the case of Public Service motor vehicles, the records required by the Public Service Commission may, in the discretion of the Director of Public Works, be accepted in lieu of the requirements of this and the next succeeding section.
Persistent laxity or carelessness in keeping those records; repeated apprehensions of the vehicle in localities out of line with the time and destination noted; or dissimilarity between the garage record and the trip card, shall be considered evidence of violation of this section.
Section 40. Duty of garage owner.-Every garage owner maintaining passenger motor vehicles for hire shall enter in a book to be kept in the garage for that purpose, a copy of the information required in the next preceding section hereof, prior to sending any motor vehicle out of the garage.
Section 41. (a) Exceeding registered capacity.-No person operating a motor vehicle shall allow more passengers or more freight or cargo in his motor vehicle than its registered carrying capacity. In the case of Public Utility trucks or buses the conductor shall be exclusively responsible for violation of this section and of section forty-two hereof; passenger cars may be allowed to construct any device for carrying cargo at the rear or at the sides of the car subject to the approval of the Director of Public Works: Provided, That, the total weight of the device including cargo shall not exceed one hundred kilos.
(b) Carrying of passengers and freight on top of trucks.-No truck will be allowed to carry passengers on the cover or top of same: Provided, however, That if permits are granted by the Director of Public Works or his deputies baggage or freight may be so carried not to exceed twenty kilos per square meter distributed so that it will not endanger the passengers or stability of the truck.
Section 42. Riding on running boards.-No operator shall permit any person or persons to ride on the running boards, step boards, or mudguards of his motor vehicle for any purpose, except for necessary adjustment 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 the running boards while not actually making collections.
Section 43. Passenger capacity marked on vehicle.-All passenger automobiles for hire shall have the registered passenger capacity plainly marked in a conspicuous place, preferably on the glass windshield thereof.
Section 44. Capacity marked on trucks.-All motor trucks, whether for passenger or freight, private, or for hire shall have the registered passenger and gross weight capacities plainly marked in a conspicuous place, preferably on the side thereof.
ARTICLE IV.-Accessories of motor vehicles
Section 45. Dogs, flanges, grooves, etc.-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. Solid rubber tires shall be of sufficient thickness to prevent the metal rims from touching the road.
Section 46. Brakes and horns.-(a) Every motor vehicle shall be provided with brakes adequate and efficient at all times.
(b) Every motor vehicle shall be provided with a horn or signaling device in good working order.
(c) No horn or signaling device of an exceptionally loud or startling or disagreeable nature shall be installed or used on any motor vehicle.
(d) All authorized emergency vehicles, such as ambulances, police and fire wagons, etc., used for emergency calls shall be equipped with a bell, siren, or exhaust whistle of a type approved by the Director of Public Works, but no such device shall be installed or used upon any other vehicle.
(e) No vehicle not classified as a motor vehicle under this Act shall be equipped with a horn or signaling device similar to the horn customarily used on motor vehicles.
Section 47. (a) Headlights.-Every motor vehicle of more than one meter of projected width, while in use on any public highway, whether in motion or not, shall bear two lamps one on each side, with white or yellowish light visible from the front, which not later than one-half hour after sunset and until at least one-half hour before sunrise, shall both be lighted.
Additional lamps and lights may be carried, but no red, green or other colored lights shall be visible forward or ahead of the vehicle.
(b) Glaring headlights.-The headlights of motor vehicles shall be so arranged and adjusted that, except as otherwise provided herein, they will at all times when lighted produce a sufficient driving light, but shall not project a glaring or dazzling light to persons in front of such headlight.
Headlights shall be dimmed to comply with the foregoing provisions prohibiting glaring and dazzling lights if none of the main bright portion of the headlight beams rises above a horizontal plane passing through the lamp centers parallel to the level road upon which the loaded vehicle stands, and in no case higher than one meter at a distance of twenty-five meters ahead of the vehicle.
Operators of motor vehicles equipped with devices for varying the intensity of light may dim the headlights or tilt the beam downward, or substitute therefor the light from one or a pair of non-glaring auxiliary driving lights, whenever the vehicle is being operated on well-lighted streets within the limits of cities, municipalities, and thickly populated barrios or districts, or whenever such vehicle meets another motor vehicle on any public highway.
(c) Tail lights.-Every motor vehicle and trailer shall further, during the hours aforesaid, bear in the rear a lamp showing a red light visible at least one hundred meters from the rear of the vehicle and throwing a white light upon the number plate issued for such vehicle.
(d) Conditions requiring lights.-The hours herein fixed within which such lamps shall burn shall not exempt operators from the obligation of lighting such lamps 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.
(e) Motorcycle other vehicle lights.-Every motor vehicle of less than one meter of projected width shall be subject 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.1aшphi1
Every other vehicle, of whatever style, kind, make, character, or nature, whether motor or animal driven, 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.
(f) Lights when parked.-The provisions of this section shall not apply to vehicles parked or standing on well-lighted streets of cities and municipalities, nor to vehicles parked entirely off from and clear of the surfaced portion of any highway, in such a position as to constitute no danger to any passing traffic.
(g) Every windshield on a motor vehicle shall be equipped with a device for cleaning rain or other moisture from such portion thereof as comes within the driver's view, which device shall be capable of being controlled or operated by the driver of the vehicle.
(h) Whenever the load on any vehicle extends more than one and one-half meters beyond the rear of the bed or body thereof, there shall be displayed at the end of such load a red flag not less than thirty centimeters both in length and width, except that during the hours fixed under subsections (a) and (d) hereof, there shall be displayed at the end of any such load a red light visible at least fifty meters from the rear of such vehicle.
ARTICLE V.-Use of motor vehicles
Section 48. (a) Tampering and joy riding.-No chauffeur or any other person shall operate, use, play, tamper, or interfere with a motor vehicle without the permission or proper authority of the owner.
(b) Permitting unlicensed person to drive, etc.-No professional chauffeur shall permit any unlicensed person to drive the motor vehicle under his control, or permit a person, sitting beside him or in any other part of the car, to interfere with him in the operation of the motor vehicle, or allowing said person to take hold of the steering wheel, or in any other manner take part in the manipulation or control of the car.
Section 49. Malicious damage to motor vehicle.-(a) No person shall maliciously puncture or cut or otherwise injure the tires, mar the finish, or purposely damage, disconnect or take away any part of a motor vehicle without the permission and consent of the owner.
(b) No person shall knowingly drop, place, scatter, or throw, or cause to be dropped, placed, scattered, or thrown upon any highway, any tacks, nails, wire, scrap metal, glass, crockery or any other substances or thing injurious to the feet of persons or animals, or to the tires or wheels of vehicles.
Section 50. Stop motor when parked.-All motor power shall be stopped in every motor vehicle whenever the same is unattended on any highway.
Section 51. Mufflers and smoke.-Every motor vehicle propelled by an internal combustion engine shall be equipped with a muffler, and whenever said motor vehicle passes through the street of any city, municipality, or thickly populated district or barrio, the muffler shall not be cut out or disconnected. No unnecessary or disagreeable odor, smoke or noise of any kind shall be given off, emitted, caused or made by any motor vehicle in the places mentioned in this section.
Section 52. Reckless or fast driving.-No person shall operate a motor vehicle on any highway in these Islands recklessly or without reasonable caution traffic, grades, crossings, curvatures, visibility and other conditions of the highway 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.
Section 53. Rates of speed.-Except as otherwise herein provided, the rate of speed of any motor vehicle shall, under no circumstances, exceed the respective values given in the following tabulation:
|
Passenger cars and motorcycles |
Motor trucks and buses |
| 1. On open country roads, with no "blind corners", not closely bordered by habitations |
70 km. per hour |
50 km. per hour. |
| 2. On "through streets" or boulevards, clear of traffic, with no "blind corners", when so designated |
40 km. per hour |
30 km. per hour. |
| 3. On city and municipal streets, with light traffic, when not designated "through streets" |
30 km. per hour |
30 km. per hour. |
| 4. Thru crowded streets, approaching intersections at "blind corners" passing school zones, passing other vehicles which are stationary, or for similar dangerous circumstances |
20 km. per hour |
20 km. per hour. |
Section 54. Municipal boards or municipal councils are hereby authorized, subject to the recommendation of the Director of Public Works, to designate certain streets within their municipalities as "through streets", and to place land maintain or cause to be placed and maintain appropriate signs notifying divers of vehicles that such streets have been so designated.
The Director of Public Works, with the approval of the Department of Commerce and Communications is also hereby authorized to designate as "through streets" such municipal or city streets as form a part of insular and provincial roads, and to place and maintain or cause to be placed and maintained appropriate signs notifying drivers of vehicles that such streets have been so designated.
It is hereby made the duty of every city and municipal secretary to certify to the Director of Public Works the names, locations, and limits of all "through streets" designated as such by the municipal board or council.
Section 55. Speed and weight limits uniform throughout the Philippines.-No provincial, city, or municipal authority shall enact or enforce any ordinance or resolution specifying allowable speeds either lower or higher than those provided in the preceding section, and no such authority shall in any way regulate the allowable gross weight of any motor vehicle.
ARTICLE VI.-Rules of traffic
Section 56. (a) Traversing "through streets" and railroad crossing, etc.-All vehicles moving on the public highways shall be brought to a full stop before traversing any "through street" or railroad crossing. Whenever any such "through street" or crossing is so designated and signposted, it shall be unlawful for the driver of any vehicle to fail to stop within twenty meters but not less than two and one-half meters from such "through street" or railroad crossing; Provided, however, That the driver of a passenger automobile or motorcycle may, instead of coming to a full stop, slow down to not more than ten kilometers per hour whenever it is apparent that no hazard exists.
(b) The driver of a motor vehicle overtaking any street car stopped or about to stop for the purpose of receiving or discharging any passenger shall stop such vehicle to the rear of the nearest running board or door of such street car and keep it stationary until any such passenger has boarded such ear or reached a place of safety, except that whore a safety zone has been established, a vehicle need not be stopped before passing any such street car, but may proceed past such car at a speed not greater than is reasonable and proper, and with due caution for the safety of pedestrians. This provision shall not apply to passing upon the right any street car on a one-way street.
Section 57. Passing frightened animals; signal to stop.-Every person operating a motor vehicle upon a public stop. 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 loading a horse or other animal thereon, bring such motor vehicle immediately to a stop, and, if traveling in an opposite direction, remain stationary as long as may be reasonably necessary to allow such horse or animal to pass.
No person shall unreasonably or maliciously call upon the operator of a motor vehicle to stop.
Section 58. Overtaking.-(a) Upon signal by a faster vehicle desiring to overtake and pass another going in the same direction, the slower vehicle shall be conducted to the left of the center of the road at the earliest opportunity, to allow the overtaking vehicle to pass.
(b) A person, or driver, or operator of a vehicle, attempting to overtake and pass persons or vehicles going in the same direction, shall exercise due caution, and shall yield reasonable right of way to persons or vehicles simultaneously attempting to pass in the opposite direction.
Section 59. Approaching a highway intersection.-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: Provided, however, That in the case of a vehicle entering a "through street" or "through highway", the driver of such vehicle shall yield the right of way to motor vehicles on such "through street" or highway.
Section 60. Drive on left side of road.-Unless a different cause of action is required in the interest of the safety and security of life, person, or property, or because of unreasonable difficulty of operation in compliance herewith, every person operating a motor vehicle or guiding an animal drawn vehicle on a highway shall pass to the left when meeting persons or vehicles coining toward him, and to the right when overtaking persons or vehicles going 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 highways.
Section 61. Sounding of horn.-When overtaking persons or vehicles, approaching a highway intersection where the view is obstructed, and at any other time necessary for the safety of the public, every operator shall sound his horn: Provided, however, That no operator of a motor vehicle shall blow or sound his horn unnecessarily or while the vehicle is not in motion; and that no person other than the one actually operating or having actual charge of a motor vehicle shall sound or blow the horn of the motor vehicle.
Section 62. Drunken operators.-No operator of any motor vehicle, which is for hire to the public, shall drink any intoxicating beverage while on duty, and no person shall operate a motor vehicle upon a highway while under the influence of liquor.
Section 63. Obstruction of traffic.-No person shall obstruct or impede the passage or right of travel of any vehicle or operator or driver thereof, and no operator or driver shall, in discharging or taking on a waiting passenger or loading or unloading freight, obstruct the free passage of other vehicle on any highway.
Section 64. Operating along sidewalk, etc.-No person is permitted to operate a motor vehicle upon or along any sidewalk, walk, path, alley, or other parts or section of a highway or part not regularly laid out and intended for vehicles.
Section 65. Duties in case of accident.-In the event that any accident should occur as a result of the operation of a motor vehicle upon a highway, the operator shall stop immediately, and, if requested by any person present, shall show his chauffeur's license, give his true name and address and also the true name and address of the owner of the motor vehicle.
It shall be the duty of the owner or driver of a motor vehicle to notify at once the nearest peace officer, police station, or municipality when it comes to his knowledge that his vehicle has been concerned in an accident.
The driver of any other vehicle concerned in the accident shall also stop, show his chauffeur's license 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 add Losses if requested.
Section 66. Ambulances, police and fire wagons, etc.-The provisions of section forty-six (c), fifty-three, and fifty-six of this Act, shall not be applicable to ambulances, nor to police patrol-wagons, nor fire wagons and engines, nor to automobiles or motorcycles especially designated and assigned by the Director of Public Works, the Chief of Constabulary, and the Chief of Police of the City of Manila 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 to exempt from liability under this Act, any operator of such motor vehicle for useless or unnecessarily fast or reckless operation.
CHAPTER IV.-PENALTIES, FEES, TAXES, ETC., AND FINAL PROVISIONS
ARTICLE I.-Penalties
Section 67. Violation and penalties.-The following penalties shall be imposed for violations of this Act.
a. For delinquent registration.-For registration later than seven days after taking possession of an unregistered motor vehicle or for renewal of a delinquent registration the penalty shall be fifty per cent addition to the fees mentioned in section eight hereof, corresponding to the Portion of the year for which the vehicle is registered for use.
b. For failure to sign chauffeur's license or its duplicate or to carry same while operating, ten pesos fine.
c. For operation with a delinquent or invalid license, ten pesos fine.
d. If, as the result of negligence or reckless or unreasonably fast driving any accident occurs resulting m death or serious bodily injury to any person, the motor vehicle driver or operator at fault shall, upon conviction be punished by imprisonment for not less than fifteen days nor more than six years in the discretion of the court.
e. For failure to stop in case of accident, one hundred pesos fine.
f. For operation of a motor vehicle without proper number plates or tags for the current year, fifty pesos fine.
g. For operation of a motor vehicle, with delinquent, suspended or invalid registration, or without registration, fifty pesos fine.
h. For operation of a motor vehicle by an unlicensed operator, fifty pesos fine.
i. For operating a motor vehicle while under the influence of liquor, a fine of not less than one hundred pesos nor more than two hundred pesos.
j. For using a private passenger automobile, private trucks, private motorcycles, and motor wheel attachments for hire, in violation of section seven, paragraph (c) of this Act, a fine of one hundred pesos and suspension of the chauffeur's license for a period of three months for the first conviction; and a fine of two hundred pesos and six months imprisonment for the second conviction; and an imprisonment of one year and permanent revocation of the chauffeur's license of r the third conviction, shall be imposed.
k. For permitting, allowing, consenting to, or tolerating the use of privately owned motor vehicle for hire in violation of section seven, paragraph (c) of this Act, there shall be imposed a fine of one hundred pesos for the first conviction, and an increase of one hundred pesos for each subsequent conviction.
l. For violation of any provision of this Act or regulations not herein before specifically punished, a fine of not less than ten nor more than fifty pesos shall be imposed.
Section 68. Punishment for other offenses.-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 69. Duty of court clerks and justice of the peace.-It is hereby made the duty of every clerk of Court of First Instance in these Islands to certify to the Director of Public Works at Manila every conviction of any person of any and every violation of this Act and those specified in section thirty-two (b) hereof 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 facts 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.
ARTICLE II.-Collection of fees, taxes, fines, etc.; liens; allotment of funds
Section 70. Collection of fees, etc.; insular and local taxes; toll fees.-(a) The collection of all fees, taxes, fines, etc., founder 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.
(b) No further fees than those fixed in this Act shall be exacted 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 exercise of the profession of chauffeur, 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 such 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 such public roads, as may be authorized by the Governor-General upon recommendation of the Secretary of Commerce and Communications, but in none of these cases, shall any toll fees be charged or collected until and unless the approved schedule of tolls shall have been posted legibly in a conspicuous place at such toll station.
Section 71. Municipal control of garages and parking regulations.-Municipal councils are authorized and empowered regulations to prescribe reasonable regulations and fees not inconsistent with this Act for the conduct, control, and operation of garages, and to determine where and how vehicles of all kinds may, while not in use, park upon or occupy the public streets or places: Provided, however, That no public place within a radius of one hundred meters from any "competing public service station", designated as such by the Public Service Commission, shall be assigned by any Provincial or municipal authority as a parking space for motor vehicles of the "garage" or Public Service classifications: And provided, moreover, That no provincial or municipal authority shall impose or collect any tax or fee on the business or privilege of maintaining or operating a Public Service motor vehicle.
Section 72. Lien on value of motor vehicle.-Any balance of fees for registration, re-registration, or delinquent registration of a motor vehicle, remaining unpaid on March first of each year, shall constitute a first lien upon the value of the motor vehicle concerned.
Section 73. Disposal of moneys collected.-All moneys collected under the provisions of this Act shall be covered into the Insular Treasury to create a special fund for the construction and maintenance of insular and provincial roads and bridges, as well as the streets and bridges in the chartered cities to be allotted by the Secretary of Commerce and Communications for projects recommended by the Director of Public Works in the different provinces and chartered cities in the following proportions:
Twenty per cent in proportion to cedula sales during the next previous year.
Twenty per cent in proportion to the combined length of first and second class roads maintained throughout the next previous year.
Twenty per cent in proportion to land area.
Twenty per cent in proportion to the number of motor vehicles owned in the province or city.
Twenty per cent at the discretion of the Secretary of Commerce and Communications for maintenance and improvement of important roads and bridges supporting heavy motor vehicle traffic.
ARTICLE III.-Final provisions
Section 74. Acts, ordinances, etc., repealed.-Such parts of subsections (l), (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 thirty-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 in so far as they apply to motor vehicles, 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: Provided, however, That nothing contained in this Act shall be construed as limiting, repealing, or superseding any provision of Act Numbered Thirty-one hundred and eight and its amendments with respect to the control of the Public Service Commission of motor vehicles operating as public service nor shall any provision of this Act be construed as to limit or abridge the powers conferred upon, and exercised by the Public Service Commission with regard to control and supervision of the operation of such motor vehicles as public service.
Section 75. Act, when in effect.-This Act shall take effect on January first, nineteen hundred and thirty-three.
Approved, December 3, 1932.
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