Batas Pambansa Blg. 398




BATAS PAMBANSA Blg. 398 An Act Amending Certain Sections of Republic Act Numbered Forty-One Hundred and Thirty-Six, Otherwise Known as the Land Transportation and Traffic Code Section 1. Section nineteen of Republic Act Numbered Forty-one hundred and thirty six otherwise known as the Land Transportation and Traffic Code, is hereby amended to read as follows: "Sec. 19. Duty to have license. Except as otherwise specifically provided in this Act, it shall be unlawful for any person to operate any motor vehicle without having in his possession a valid license to drive a motor vehicle. "The license shall be carried by the driver at all times when operating a motor vehicle, and shall be shown and/or surrendered for cause and upon demand to any person with authority under this Act to confiscate the same." Section 2. Section twenty of the same Act is hereby repealed. Section 3. Section twenty-two of the same Act is hereby amended to read as follows: "Sec. 22. Application for driver’s license, fees, examination. Every person who desires to personally operate any motor vehicle shall file an application to the Director or his deputies for a license to drive motor vehicles: Provided, however, That no person shall be issued a professional driver’s license who is suffering from contagious diseases, such as tuberculosis, sexually transmitted diseases and epilepsy or who is an alcohol or drug addict or dependent. "Each such application, except in the case of enlisted men operating government-owned vehicles, shall be accomplished by a fee of five pesos, and shall contain such information respecting the applicant and his ability to operate motor vehicles, as may be required by the Bureau. "The Director or his deputies shall also ascertain that the applicant’s health, sight and hearing are sound and normal, and is physically and mentally fit to operate motor vehicles. To this end, the Director or his deputies shall require a certificate to that effect, signed by a reputable accredited physician. "An examination, theoretical and practical, to determine every applicant’s ability and fitness to operate motor vehicles to be conducted by the Director in such form and manner as he shall prescribe shall also be required. A manual containing the general scope of the examinations and such information as may be necessary for the guidance of the applicants and for the purpose of effectivity and implementation of this Act may be published in an official language and distributed at no cost to the applicants. "No application for a driver’s license shall be received, unless the applicant: "(1) For a professional driver’s license, is at least eighteen years of age, possesses a valid student-driver’s permit and has undergone instruction in the operation of motor vehicles for at least five months under a qualified instructor: Provided, however, That the period of time the applicant has operated a motor vehicle with a non-professional driver’s license shall be credited against the period of instruction required herein; and "(2) For a non-professional driver’s license, is at least seventeen years of age, possesses a valid student-driver’s permit and has undergone instruction in the operation of motor vehicles for at least a month." Section 4. Section twenty-three of the same Act is hereby amended to read as follows: "Sec. 23. Issuance of driver’s license, fees and validity. If, after such examination, the Director or his deputies find that the applicant possesses the necessary qualification and proficiency in the operation of motor vehicles, is able to read and write any of the official languages or a major dialect and knows how to read and interpret various traffic signs, signals and road markings, a professional or nonprofessional license may be issued to such applicant upon payment of the fee prescribed in accordance with law, but prior to the issuance of said license, the applicant shall present himself in person and have his photograph taken by the bureau. All driver’s licenses issued shall be signed in the presence of the Director or his deputies and shall bear, among others, the full name, date of birth, height, weight, sex, color of eyes, blood type, complete current address, right hand thumbprint of the licensee, license number, and its date of issue and expiration. "In the issuance of licenses, the Bureau shall use such process or adopt such measure as will prevent any alteration or falsification of a license or will enable the Bureau to detect any unauthorized license. "Except for student permits and new licenses, all driver’s licenses shall be valid for three consecutive years reckoned from the birthdate of the licensee, unless sooner revoked or suspended: Provided, however, That, subject to Section twenty-six hereof, any holder of a professional or nonprofessional driver’s license who has not committed any violation during the three-year period shall be entitled to a renewal of such license for five-year period." Section 5. Section twenty-four of the same Act is hereby amended to read as follows: "Sec. 24. Use of driver’s license and identification card. Every license issued under the provisions of this Act to any driver shall entitle the holder thereof, while the same is valid and effective, to operate motor vehicles described in such license: Provided, however, That every licensed professional driver, before operating a public utility vehicle registered under classification (b) of Section seven hereof, as amended by Batas Pambansa Bilang 74, shall secure from the Director, upon payment of the sum of five pesos, a driver’s identification card which he shall, at all times while so operating a public utility vehicle, display in plain sight in the vehicle being operated. The identification card shall be issued simultaneously with the license. "It shall be unlawful for any duly licensed driver to transfer, lend or otherwise allow any person to use his license for the purpose of enabling such person to operate a motor vehicle. "No owner of a motor vehicle shall engage, employ, or hire any person to operate such motor vehicle, unless the person sought to be employed is a duly licensed professional driver." Section 6. Section twenty-six of the same Act is hereby amended to read as follows: "Sec. 26. Renewal or replacement of lost license. Any license not renewed on or before the last working day prior to the expiry date of such license as provided for in the third paragraph of Section twenty-three of this Act shall become delinquent and invalid, except when the license is surrendered to the Director or his deputies on or before the last working day prior to the expiry date of such license as hereinabove specified in order to avoid payment of the delinquency fees. "For a renewal of a delinquent license, there shall be collected as delinquency fee, in addition to the basic fee as prescribed, an amount equivalent to fifty per cent of said basic fee. "Every applicant for renewal of license to operate any motor vehicle shall present to the Director or his deputies, in person, the license issued to the applicant for the previous period, together with the basic fee hereinabove prescribed, and, in the case of professional drivers, three copies of a readily recognizable photograph of the applicant taken by the Bureau. In case the applicant for renewal has committed three or more offenses within a period of one year, or has suffered any injury or illness that impairs his ability to operate motor vehicles, he shall be required to undergo a theoretical and practical examination in order to determine his ability and fitness to operate motor vehicles. "Lost License. In case the license has been lost or cannot be produced, the licensee shall apply for a duplicate of the original on file with the Bureau by filing a sworn statement that such license has been lost and that a thorough and diligent search was futile and in accordance with the procedure which the Director is hereby authorized to promulgate, subject to the approval of the Minister of Transportation and Communications. "The Director or his deputies are hereby authorized to administer the oath in connection with such application." Section 7. Section twenty-seven of the same Act is hereby amended to read as follows: "Sec. 27. Authority to suspend, revoke and reinstate driver’s license. Without prejudice to the authority of the court in appropriate cases and except as herein otherwise provided, the Director shall have exclusive power and authority to suspend or revoke for cause any driver’s license issued under the provisions of this Act. "(a) The Director may suspend for a period not exceeding three months or, after hearing, revoke any driver’s license and may order such license, whether confiscated by, and/or in the possession of, any other law enforcement agencies deputized in accordance with paragraph (d) (1) of Section four of this Act, to be delivered to him whenever he has reason to believe that the holder thereof is an improper person to operate motor vehicles, or in operating or using a motor vehicle in, or as an accessory to, the commission of any crime or act which endangers the public. Any deputy of the Director may. for the same cause, suspend for a period not exceeding three months any driver’s license issued under the provisions of this Act; Provided, that such suspension may be appealed to the Director who may, after reviewing the case, confirm, reverse or modify the action taken by such deputy. "(b) Whenever during any twelve-month period a driver shall have been convicted at least three times for the violations of any provisions of this Act or of any regulations issued by the Director or any municipal or city ordinance relating to motor vehicle traffic not in conflict with any of the provisions of this Act, the Director may revoke or suspend the license of such driver for a period not exceeding two years. "(c) The license suspended or revoked under the provisions of subsections (a) and (b) of this section shall not be reinstated by the Director, unless the driver has furnished a bond in accordance with Section twenty-nine of this Act and only after the Director has satisfied himself that such driver may again safely be permitted to operate a motor vehicle. "(d) A decision of the Director revoking or refusing the reinstatement of a license under the provisions of this section may be appealed to the Minister of Transportation and Communications." Section 8. Section twenty-eight of the same Act is hereby amended to read as follows: "Sec. 28. Driver’s bond. The Director before reinstating any driver’s license which has been suspended or revoked under the provisions of the preceding section or of any provisions of this Act, may require such driver to post a bond in the sum of five thousand pesos conditioned upon the satisfaction and payment of any claim which may be filed or of any execution which may be issued against such driver in any case wherein said driver may be held answerable while operating motor vehicles. The bond required in this section shall be in such form as to render sureties liable at least for a period of not less than one year nor more than three years: Provided, however, That upon written application to the Director for release from such bond, the Director may, after revoking or suspending the driver’s license, authorize the release of the bondsmen from further responsibility thereunder: Provided further, That should the director decide not to revoke the license of a driver who has been convicted of homicide through reckless imprudence, or of violation of the speed limit or of reckless driving at least three times within a twelve-month period, the said driver shall post a bond in the sum of not less than ten thousand pesos, conditioned upon the payment of any claim which may be filed or any execution which may be issued against him in any case wherein said driver may be held answerable while operating motor vehicles." Section 9. Section twenty-nine of the same Act is hereby amended to read as follows: "Sec. 29. Confiscation of driver’s license. Law enforcement and peace officers of other agencies duly deputized by the Director shall, in apprehending a driver for any violation of this Act or any regulations issued pursuant thereto, or of local traffic rules and regulations not contrary to any provisions of this Act, confiscate the license of the driver concerned and issue a receipt prescribed and issued by the Bureau therefor which shall authorize the driver to operate a motor vehicle for a period not exceeding seventy-two hours from the time and date of issue of said receipt. The period so fixed in the receipt shall not be extended, and shall become invalid thereafter. Failure of the driver to settle his case within fifteen days from the date of apprehension will be a ground for the suspension and/or revocation of his license." Section 10. Section thirty of the same Act is hereby amended to read as follows: "Sec. 30. Student-driver’s permit. Upon proper application and the payment of the fee prescribed in accordance with law, the Director or his deputies may issue student-driver’s permits, valid for one year to persons not under sixteen years of age, who desire to learn to operate motor vehicles. "A student-driver who fails in the examination on a professional or non-professional license shall continue as a student-driver and shall not be allowed to take another examination at least one month thereafter. No student-driver shall operate a motor vehicle, unless possessed of a valid student-driver’s permit and accompanied by a duly licensed driver. "The licensed driver duly accredited by the Bureau, acting as instructor to the student-driver, shall be equally responsible and liable as the latter for any violation of the provisions of this Act and for any injury or damage done by the motor vehicle on account or as a result of its operation by a student-driver under his direction." Section 11. Section thirty-two of the same Act is amended to read as follows: "Sec. 32. (a) Exceeding registered capacity, issuance of conductor’s license, validity and fee. No person operating any motor vehicle shall allow more passengers or more freight or cargo in his vehicle than its registered carrying capacity. In the case of public utility trucks or buses, the conductor shall be exclusively liable for the violations of this section or of Section thirty-two, letter (c) hereof: Provided, That the conductor before being employed by any public service operator shall get a permit or license from the Bureau and pay the fee prescribed in accordance with law, for said license or permit issued in his favor, which shall be valid for three years, and the same is renewable on or before the last working day prior to or on his birthdate, attaching a readily recognizable photograph taken by the Bureau and after presentation of a medical certificate of fitness of applicant. "Passenger trucks may be allowed to construct any cargo-carrying device at the rear or at the side of the truck, subject to the approval of the Director: Provided, however, That the total weight of the device, including the cargo, shall not exceed one hundred kilos. "(b) Carrying of passengers and freight on top of vehicles. No person operating a motor vehicle shall allow any passenger to ride on the cover or top of such vehicles: Provided, however, That, subject to such conditions as may be contained in permits that may be issued by the Director, baggage or freight may be carried on the top of a truck so long as the weight thereof does not exceed twenty kilos per square meter and is distributed in such a manner as not to endanger the passengers or stability of the truck. "(c) Riding on running boards. No driver shall allow any person to ride on the running board, step board, or mudguard of his motor vehicle for any purpose while the vehicle in motion. Section 12. Section fifty-six of the same Act is amended to read as follows: "Sec. 56. Penalty for violation. The following penalties shall be imposed for violations of this Act: "(a) For registering later than seven days after acquiring title to an unregistered motor vehicle or after conversion of a registered motor vehicle requiring larger registration fee than for which it was originally registered, or for a renewal of a delinquent registration, the penalty shall be a fine of fifty per cent of the registration fees corresponding to the portion of the year for which the vehicle is registered for use. "(b) For failure to sign driver’s license or to carry same while driving, one hundred pesos fine. "(c) Driving a vehicle with a delinquent or invalid driver’s license, two hundred pesos fine or imprisonment not exceeding ten days, at the discretion of the court. "(d) Driving a motor vehicle with delinquent, suspended or invalid registration, or without registration or without the proper license plate for the current year, three hundred pesos fine or imprisonment not exceeding fifteen days, at the discretion of the court. "(e) Driving a motor vehicle without first securing a driver’s license, five hundred pesos fine and imprisonment of not exceeding fifteen days. "(f) Driving a motor vehicle while under the influence of liquor or narcotic drug, a fine of not less than one thousand pesos or imprisonment of not less than three nor more than six months, or both, at the discretion of the court. "(g) Violation of Sections thirty-two, thirty-four (a), (b), and (b-1), thirty-five and forty-six, a fine not exceeding one hundred pesos: Provided, however, That in the case of violation of Section thirty-four (b) the vehicle or vehicles affected may not be allowed to operate, unless the requirement provided in this section are complied with. "(h) Violations of Sections forty-nine, fifty-one, and fifty-two, a fine of not less than twenty-five pesos nor more than fifty pesos. "(i) For using or attempting to use a driver’s license, identification card, certificate of registration, number plate, tag or permit in similitude of those issued under this Act, or falsely or fraudulently representing as valid and in force any driver’s license under this Act which is delinquent or which has been suspended or revoked, a fine of not less than one thousand nor more than three thousand pesos or imprisonment of not more than six months, or both, at the discretion of the court. "For making, manufacturing, distributing or selling a driver’s license, identification card, certificate of registration, number plate, tag or permit in imitation or similitude of those issued under this Act, the penalties under the provisions of the Revised Penal Code. "If the violation is committed by a public officer or employee, the offender shall furthermore suffer perpetual absolute disqualification.£á⩊phi£ "(j) For using private passenger automobiles, private trucks, private motorcycles, and motor wheel attachments for hire, in violation of Section seven, subsections (a), (b), and (c), of this Act, a fine of two hundred pesos and suspension of driver’s license for a period of three months for the first conviction; a fine of three hundred pesos and six months imprisonment of one year and permanent revocation of the driver’s license for the third conviction. "(k) For permitting, allowing, consenting to, or tolerating the use of privately-owned motor vehicles for hire in violation of Section seven, subsections (a), (b), and (c), of this Act, there shall be imposed upon the owner of the vehicle as fine of five hundred pesos and the certificate of registration shall be suspended for a period of three months for the first conviction, and an increase of one hundred pesos in the fine and one month’s suspension of the registration for each subsequent conviction. "(l) For violation of any provisions of this Act or regulations promulgated pursuant hereto, not hereinbefore specifically punished, a fine of not less than one hundred nor more than five hundred pesos shall be imposed. "(m) In the event an offender cannot pay any fine imposed pursuant to the provisions of this Act, he shall be made to undergo subsidiary imprisonment as provided for in the Revised Penal Code. "(n) If, as the result of negligence or reckless or unreasonable fast driving, any accident occurs resulting in death or injury of any person, the motor vehicle operator at fault shall, upon conviction, be punished under the provisions of the Revised Penal Code." Section 13. The fees and charges herein provided as well as those provided in other sections of the same Act may be revised by the Minister of Transportation and Communications, upon the recommendation of the Director, subject to the approval of the Cabinet. Such fees and charges shall be revised at just and reasonable rates sufficient to cover administrative costs, and, whenever practicable, be uniform for similar or comparable services and functions. Section 14. For purposes of simplicity, economy and efficiency in operations and implementation, the Director, subject to the approval of the Minister of Transportation and Communications, is hereby authorized to promulgate rules and regulations for the rational and equitable issuance and renewal of licenses during the first three years following the effectivity of this Act, including the said period. Accordingly, the Director shall proportionately reduce the fees corresponding to the period of validity of the driver’s license. Section 15. This Act shall take effect upon its approval. Approved: May 18, 1983 The Lawphil Project - Arellano Law Foundation