A Strong Partner for Sustainable Development

Module
In
CDI 104

TRAFFIC MANAGEMENT AND ACCIDENT

INVESTIGATION WITH DRIVING

College of Criminal Justice Education

BS in Criminology
 Chapter 3

LEGAL SYSTEM FOR TRAFFIC

SAFETY

First Semester, AY 2023-2024

Mr. Ernesto P. Jagmis Jr.

Instructor III

WPU-QSF-ACAD-82A Rev. 00 (09.15.20)

CHAPTER 3
LEGAL SYSTEM FOR TRAFFIC SAFETY

Overview:
This chapter comprehensively discusses the general rule of road use and
conduct and the general traffic prohibitions and restrictions.

A. Learning Outcomes:
At the end of this chapter, the students can:

1. identify and differentiate the different kinds of driver’s license;

2. discuss the procedures in procuring driver’s license;
3. distinguished the different classification of registered motor
vehicles;
4. explain the monthly and weekly schedule for annual renewal of
the vehicles’ registration;
5. for students who already drives/motorists, adopt the information
on schedule of renewal of the registration of motor vehicles;
6. recall and identify the vehicles’ plate numbers use by top
government officials of the Philippines;
7. apply the rules to be followed in using traffic ways.

B. Time Allotment: 6 hours

C. DISCUSSION

1. DRIVER’S LICENSE

Driving a motor vehicle in the Philippines as in other countries is NOT a right

but a privilege granted by the Philippine government through the LTO based on R.A.
4136 & B.P. 398. Further, it is a privilege which may be suspended or revoked.

DRIVER
- any licensed operator of motor vehicles (Sec. 3d, RA 4136)

Duty of the Driver in Case of Accident (Sec 55, RA 4136)

No driver of motor vehicle concerned in a vehicular accident shall

leave the scene of the accident without aiding the victim, except:

1. If he is in imminent danger of being seriously harmed by

any person/s by reason of the accident.
2. If he report the accident to the nearest officer of the law; or
3. If he has to summon a physician or nurse to aid the victim.

WPU-QSF-ACAD-82A Rev. 00 (09.15.20)

Driver’s License – is issued to the driver it is not a right but only a privilege
granted by the state to its citizen who possesses the statutory
qualification as provided therefore.
- It is also a public document which has the legal presumption of genuineness.

Duty to Procure License – Sec 19, RA 4136 states that no person shall operate
any motor vehicle without first procuring a license to drive. To be effective in the
hands of its holder, it must not be delinquent, invalid, suspended or revoked and
should be carried at all times and shall be shown or surrendered for cause when
demanded by a person authorized by RA 4136 to inspect the same.

Kinds of Driver’s License

1. Student Driver’s Permit – a student driver cannot operate a vehicle unless

accompanied by a duly licensed driver.

✓ Validity period: 1 year

✓ Applicant must be at least 17 years old.

Additional Requirement for Minor Applicants (17 yrs. old)

-Letter of Parental/Guardian Consent duly notarized

2. Non-Professional Driver’s License – this kind of license is issued to

owners of privately-owned motor vehicles or those not for hire or paid
for driving.

✓ Validity period: 5 years (see RA 10930)

✓ Applicant must be at least 18 years old.
✓ Student Driver’s Permit has been issued not less than 1 month from the
date of application.
✓ Must have passed the written and actual road test.

3. Professional Driver’s License – this license is issued to a driver hired or

paid for driving or operating motor vehicle whether private use or for
hire to the public. Any person driving his own motor vehicle for hire
is a professional driver.

✓ Validity period: 5 years (see RA 10930)

✓ Applicant must be at least eighteen (18) years old.
✓ Non-Professional driver’s license at least four (4) months.
✓ Must have passed the written and actual road test.

The Written Examination for application of Non-professional and

Professional Driver’s License
➢ Examinees will have to pass the written examination with the following
marks:

WPU-QSF-ACAD-82A Rev. 00 (09.15.20)

 a. Non-professional Driver’s License – 30 out of 40 questions

b. Professional Driver’s License – 45 out of 60 questions

The Actual Road Test

- Passing grade will be 70 points or a total possible deduction of 30 points.

4. Military Driver’s License – enlisted personnel of the AFP operating MV

owned by the government shall be licensed in accordance with RA 4136 but
no license or delinquency fees shall be collected thereof. All licenses so issued
shall bear the words “FOR GOVERNMENT VEHICLES ONLY’’ plainly marked
or stamped in red inks across the face thereof.

5. International Driver’s License – Bonafide tourists and transients who are

duly licensed to operate MV’s in their respective countries may be allowed to
operate MV’s during their stays but not beyond 90 days of their sojourn in the
Philippines.

Lost Driver’s License - apply for duplicate of original on the LTO by filing
the affidavit of loss of driver’s license duly notarized by a notary
public.

For further information, please read and watch the links below.

https://lto.gov.ph/latest-issuance/522-memorandum-circular-no-2020-
2134-guidelines-relative-to-the-full-implementation-of-the-lto-automated-
certification-and-education-of-student-drivers-aces-uploading-facility.html

https://youtu.be/W3GB9G1StQU

https://youtu.be/427HdiPbi8w

2. REGISTRATION OF MOTOR VEHICLES

R.A. 4136 mandates that all motor vehicles shall be registered by its
owner before the designated District Offices of the Land Transportation Office.
Law enforcement officers should keep themselves abreast with the proper
procedures of registering motor vehicles for them to easily identify unregistered
motor vehicles or motor vehicles having expired registrations.

On the other hand, motor vehicle owners as well as drivers should be

aware of the provisions on motor vehicle registration to avoid unnecessary
delays and penalties whenever registration-related apprehensions occur.

WPU-QSF-ACAD-82A Rev. 00 (09.15.20)

Classification of Registered Motor Vehicles

1. Private Motor Vehicles - are motor vehicles which are registered for
private use and not to be used as “For Hire”.

2. Public Utility Vehicle - (For Hire MV) are those authorize to operate as
public utilities by virtue of certificate of public convenience or
provisional authorities or special permits issued by the LTFRB.

3. Government Motor vehicles - are owned by the government of the

Philippines or any of its political subdivisions, including
government- owned or controlled corporations.

4. Diplomatic Motor Vehicle - are vehicles owned by foreign government

or by their duly diplomatic officials in the Philippines and used
in the discharge of their duties.

❖ Commemorative Plates - are plates issued to groups of the

organization or association subject to the approval of the Office of the
President.

SCHEDULE OF REGISTRATION – Registration of MVs should be done

annually which follows the numerical suffixes of their plate
numbers.

Monthly schedule is based on the last digit of the plate number.

1 – January 6 - June
2 – February 7 – July
3- March 8 - August
4 – April 9 - September
5 – May 0 – October

Weekly schedule is based on the 2nd to the last digit of the plate
number

1 2 3 1st week
4 5 6 2nd week
7 8 3rd week
9 0 4th/Last week

Example of the registration schedule:

The vehicle is to be registered on the first week of MAY.

WPU-QSF-ACAD-82A Rev. 00 (09.15.20)

 ❖ Plates reserved for the top government officials of
the Republic of the Philippines (Protocol Plates)

1- PANGULO (President)
2 - Vice President
3 - Senate President
4 - Speaker of the House of Representatives
5 - Chief Justice of the Supreme Court
6 - Cabinet Secretaries
7 - Senators
8 - Representatives (Congressmen)
9 - Associate Justices of the Supreme Court
10 - Presiding Justice and other Justices of the
Court of Appeals, Solicitor General
11 - Chairman of the Commission on Elections
12 -Cabinet Undersecretary
14 - Chief of Staff, AFP and Chief, PNP
16 – RTC Judges
17 - First Level Courts MeTC, MTC, MTCC & Shari'ah Circuit courts

3. TEN (10) COMMANDMENTS OF TRAFFIC

These sets of rules are to remind constantly motorists so they will do

their share on keeping our traffic orderly.

1. KEEP RIGHT
2. OBSERVE ROAD COURTESY
3. PROHIBITED PARKING
4. IF IN DOUBT, DO NOT OVERTAKE
5. THE BUS STOP RULE
6. RULES TO PREVENT OR UNTANGLE TRAFFIC JAMS
7. OBSERVE THE TRAFFIC MANAGEMENT MEASURES
8. THE PHILOSOPHY OF A PINOY DRIVER
9. ON PEDESTRIAN
10. REMEMBER THE INTERNATIONAL DRIVING SAFETY REMINDER

1. Keep Right
- the driver of a motor vehicle shall always drive his motor vehicle to
the right except when overtaking.

2. Observe Road Courtesy - by yielding to emergency vehicles, pedestrians,

trains, vehicles with right of way, vehicles ahead, large vehicles, uphill traffic,
traffic with momentum, straight traffic and traffic signs.

By emergency vehicles, LTO refers to:

➢ Vehicle w/ physicians on emergency call

WPU-QSF-ACAD-82A Rev. 00 (09.15.20)

 ➢ An ambulance on emergency call
➢ Vehicle w/ wounded/ sick person for emergency treatment.
➢ AFP/PNP vehicle on official time on use of riot, insurrection, rebellion,
or invasion.
➢ Vehicles in pursuit of a criminal including a law enforcer overtaking on
pursuing on traffic violation.
➢ A police or fire department vehicle on call.

Right of Way – means the right to proceed ahead of another vehicle or

pedestrian.
- This principle refers to the legal customary precedence
(priority in place/time) which allows one vehicle to cross or
pass in front of another.

Section 42, RA 4136. Right of way.

(a) When two vehicles approach or enter an intersection at

approximately the same time, the driver of the vehicle on the
left shall yield the right of way to the vehicle on the right,
except as otherwise hereinafter provided. The driver of any vehicle
traveling at an unlawful speed shall forfeit any right of way which he
might otherwise have hereunder.

(b) The driver of a vehicle approaching but not having entered

an intersection, shall yield the right of way to a vehicle
within such intersection or turning therein to the left across
the line of travel of such first-mentioned vehicle, provided the driver of
the vehicle turning left has given a plainly visible signal of intention to
turn as required in this Act.

(c) The driver of any vehicle upon a highway within a business

or residential district shall yield the right of way to a
pedestrian crossing such highway within a crosswalk, except
at intersections where the movement of traffic is being regulated by a
peace officer or by traffic signal. Every pedestrian crossing a highway
within a business or residential district, at any point other than a
crosswalk shall yield the right of way to vehicles upon the
highway.

(d) The driver of a vehicle upon a highway shall bring to a full stop such
vehicle before traversing any "through highway" or railroad crossing:
Provided, That when it is apparent that no hazard exists, the vehicle
may be slowed down to five miles per hour instead of bringing it to a
full stop.

WPU-QSF-ACAD-82A Rev. 00 (09.15.20)

Section 43, RA 4136 Exception to the right of way rule.

(a) The driver of a vehicle entering a highway from a private

road or drive shall yield the right of way to all vehicles approaching
on such highway.

(b) The driver of a vehicle upon a highway shall yield the right of
way to police or fire department vehicles and ambulances when such
vehicles are operated on official business and the drivers thereof sound
audible signal of their approach.

(c) The driver of a vehicle entering a "through highway" or a

"stop intersection" shall yield the right of way to all vehicles
approaching to either direction on such "through highway".

3. Prohibited Parking

Section 46, RA 4136. Parking Prohibited in Specified Places. – No driver shall

park a vehicle, or permit it to stand, whether attended or unattended, upon a highway in any
of the following places:

(a) Within an intersection.

(b) On a crosswalk.

(c) Within six meters of the intersection of curb lines.

(d) Within four meters of the driveway entrance to and fire station.

(e) Within four meters of a fire hydrant.

(f) In front of a private driveway.

(g) On the roadway side of any vehicle stopped or parked at the curb or edge of
the highway.

(h) At any place where official signs have been erected prohibiting parking.

Section 52, RA 4136. Driving or Parking on Sidewalk. – No person shall drive or park
a motor vehicle upon or along any sidewalk, path or alley not intended for vehicular
traffic or parking.

4. IF IN DOUBT, DO NOT OVERTAKE

In general the overtaking lane is the lane to the left of the overtaken vehicle
going in the same direction. The overtaken vehicle is the burden vehicle.

WPU-QSF-ACAD-82A Rev. 00 (09.15.20)

 Section 41, RA 4136. Restrictions on Overtaking and Passing. –

→ The driver of a vehicle shall not drive to the left side of the center line of a
highway in overtaking or passing another vehicle proceeding in the same
direction, unless such left side is clearly visible, and is free of oncoming
traffic for a sufficient distance ahead to permit such overtaking or passing
to be made in safety.
→ when approaching the crest of a grade
→ upon a curve in the highway
→ at any railway grade crossing
→ at any intersection of highways unless such intersection or crossing is
controlled by traffic signal, or unless permitted to do so by a watchman or a
peace officer
→ any points indicated by the placing of official temporary warning or caution
signs indicating that men are working on the highway
→ “no-passing or overtaking zone”

5. THE BUS STOP RULE

Buses queue up on single file in their order of arrival.

6. RULES TO PREVENT OR UNTANGLE TRAFFIC JAMS

Keep opposing lanes and intersection open. In heavy, slow or stopped
traffic, there shall be no overtaking. In a construction, the vehicles should merge
alternately.

7. OBSERVE THE TRAFFIC MANAGEMENT MEASURES

Like the bus yellow lane, bus stop segregation scheme, truck ban, one way,
odd and even scheme and restraints on turning.

8. THE PHILOSOPHY OF A PINOY DRIVER

Motorist should observe equity of the lead vehicle, doctrine of the last clear
chance and the first-come first-served or the Rotunda Rule.

What is Doctrine of the Last Clear Chance?

➢ It means that the driver who is in the better position to prevent the accident
shoulders the responsibility of preventing the accident.

9. ON PEDESTRIAN
Keep off roadway except to cross on crosswalk. Wait, embark, and alight at
bus or jeep stop.

10. REMEMBER THE INTERNATIONAL DRIVING SAFETY REMINDER

Safety first.

WPU-QSF-ACAD-82A Rev. 00 (09.15.20)

 D. EVALUATION/POST-TEST

Evaluation/Post-test for this module will be thru thatquiz

app. Schedule, test code and other details will be
announced/posted in our class messenger’s group chat.

E. REFERENCE

Delizo, Darlito Bernard G. 2008. Traffic Management and Accident

Investigation (An Instructional Book). Wiseman’s Books Trading, Inc. Quezon
City, Philippines.

Congratulations for completing this module!

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WPU-QSF-ACAD-82A Rev. 00 (09.15.20)