Traffic law in the Philippines

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The Land Transportation Office, which is responsible for the regulation and enforcement of land transportation rules and regulations. Land Transportation Office.svg
The Land Transportation Office, which is responsible for the regulation and enforcement of land transportation rules and regulations.

Traffic law in the Philippines consists of multiple laws that govern the regulation and management of road transportation and the conduct of road users within the country.

Contents

The official and latest traffic code of the Philippines is Republic Act No. 4136, also known as the "Land Transportation and Traffic Code", which was enacted into law on June 20, 1964. [1]

Applicable laws

The following table lists all Philippine laws applicable to the governance of road transportation and road users across the Philippines or in specific major areas within the country.

DesignationDate passedTitleStatusScope
List of national traffic laws
Act No. 3045March 10, 1922Motor Vehicle LawRepealed by RA 4136Establishes a law regulating motor vehicle traffic and requiring the registration of motor vehicles and licensing of motor vehicle drivers. [2]
Act No. 3992December 3, 1932Revised Motor Vehicle LawRepealed by RA 4136Revises provisions in Act No. 3045. Some of these changes include changes to definitions, penalties, and speed limits. [3]
RA 2000June 22, 1957Limited Access Highway ActIn effectAuthorizes the construction of limited-access highways and defines traffic laws applicable to users of limited-access highways. [4]
RA 4136June 20, 1964Land Transportation and Traffic CodeIn effectNational traffic code. Covers the regulation and licensing of owners, dealers, conductors, drivers, and similar matters of motor vehicles, as well as the traffic laws that apply only to motor vehicles. [1] This act is based on Act No. 3992 and repeals it. [3]
PD 96January 13, 1973Presidential Decree No. 96In effectProhibits and penalizes the usage of sirens, horns, or other similar gadgets with "exceptionally loud or startling sound" on motor vehicles and restricts such usage to authorized government vehicles. [5]
RA 8750August 5, 1999Seat Belts Use Act of 1999In effectMandates the inclusion of seat belts on private and public motor vehicles, excluding tricycles and motorcycles. [6]
RA 10054July 27, 2009Motorcycle Helmet Act of 2009In effectMandates the wearing of a standard motorcycle helmet for riders and backriders of motorcycles. [7]
RA 10586July 23, 2012Anti-Drunk and Drugged Driving Act of 2013In effectPenalizes driving under the influence of alcohol, dangerous drugs, and other substances. [8]
RA 10666July 28, 2014Children's Safety on Motorcycles Act of 2015In effectRegulates the backriding of children onboard on public roads with heavy and fast moving traffic. [9]
RA 10913July 27, 2015 Anti-Distracted Driving Act In effectDefines and penalizes distracted driving, particularly with electronics such as mobile phones. [10]
RA 10916July 27, 2015Road Speed Limiter Act of 2016In effectProhibits the registration and operation of any covered motor vehicle without a speed limiter device. [11]
RA 11697April 15, 2022Electric Vehicle Industry Act (EVIDA)In effectDefines policies and responsibilities to create an enabling environment for the development of electric vehicles and micromobility. [12]
DesignationDate passedTitleStatusScope
List of department-level traffic issuances and orders
DPWC AO No. 1 s. 1968February 19, 1968Revised Rules and Regulations Governing Limited Access HighwaysAmended by DPWH DO No. 123 s. 2001An administrative order issued by the Department of Public Works and Communications (now the Department of Public Works and Highways), by virtue of RA 2000, defining traffic rules and regulations governing limited-access highways. [13]
DPWH DO No. 123 s. 2001July 18, 2001Revised Rules and Regulations Governing Limited Access HighwaysIn effectAmends provisions in DPWC AO 1 s. 1968 to allow motorcycles on limited access highways and defines rules and regulations specific to motorcycles on such highways. [14]
LTO AHS 2008-015May 15, 2008Rules and Regulations for the Use and Operation of Motorcycles on HighwaysIn effectDefines traffic rules and regulations for motorcycles on roads and highways. [15]
JAO 2014-01June 2, 2014Revised Schedule of Fines and Penalties for Violations of Laws, Rules and Regulations Governing Land TransportationIn effectAdditional fines and penalties for the violation of land transportation traffic laws. [16]
JMC 2018-01January 17, 2018Guidelines and Standards for the Classifications of Roads, Setting of Speed Limits Under Republic Act No. 4136, and Collection of Road Crash DataIn effectStandardizes speed limits to be based on road classification and empowers local government units to collect road crash data and set local speed limits on local roads. [17]
DOTr DO No. 2020-14August 25, 2020Guidelines and Protocols for Active Transportation and Light Mobility VehiclesIn effectEstablishes and prescribes road safety protocols and penalties for motor vehicles, bicycles, and other non-motorized transport on the road. [18]
LTO AO No. 2021-039May 11, 2021Consolidated Guidelines in the Classification, Registration and Operation of All Types of Electric Motor VehiclesPartially suspended [19] Defines, classifies, and regulates the operation, registration, and related penalties of electric motor vehicles, including electric cars, electric bicycles, and mobility scooters. [20]
LTO AO No. VDM-2024-044February 21, 2024Amended Consolidated Guidelines in the Classification, Registration and Operation of All Types of Electric VehiclesPartially suspended [19] Amends and revises sections of LTO AO No. 2021-039 for light electric vehicles. [21]

The following laws are only applicable to the Metro Manila area.

DesignationDate passedTitleStatusScope
List of Metro Manila traffic laws
Joint Metro Manila Traffic Circular No. 01February 1, 2023Metro Manila Traffic Code of 2023In effectRegional traffic code for Metro Manila covering unified traffic rules, regulations, ticketing, and penalties. [22]

Since its enactment in 1964, there have been 12 amendments to RA 4136, the latest being in 2017.

Definitions and coverage

Vehicles

Motor vehicles are defined by RA 4136 and the Metro Manila Traffic Code as any vehicle propelled by any power other than human power. Exceptions to this definition include vehicles on railway tracks, motor vehicles such as road rollers, trolley cars, street sweepers, sprinklers, lawn mowers, bulldozers, graders, forklifts, amphibian trucks, and cranes when not on public roads, as well as tractors, trailers, and vehicles with traction engines used exclusively for agriculture. In addition, trailers with any number of wheels propelled or intended to be proplled by a motor vehicle are classified as a separate motor vehicle. [1] [22]

Regulations for the use of bicycles and other non-motorized vehicles are defined by the DOTr in Department Order No. 2020-14. [18]

Motor vehicle classifications

Motor vehicles in the Philippines are classified by the Land Transportation Office (LTO) according to vehicle category classifications established by the United Nations Economic Commission for Europe (UNECE). [35] Vehicles are classified according to whether they are propelled by diesel, electric, or gasoline powered motor engines, as well as maximum design speed and vehicle weight. Electric motor vehicles are classified in a similar manner, but are subject to additional criteria based on power output, particularly for light electric vehicles (LEVs), which have added restrictions and exemptions. [20]

Electric vehicles were first classified on May 11, 2021 with the issuance of LTO Administrative Order No. 2021-039. This order integrated purely electric-powered vehicles into the existing vehicle category classification system and introduced specific requirements for LEVs, delineating restrictions on allowed roads, registration and licensing requirements, and the requirement of motorcycle or bicycle helmet. [20]

In 2024, LTO Administrative Order No. VDM-2024-044 revised these classification guidelines, allowing LEVs to operate on all public highways, excluding expressways, provided they are registered with the LTO and operated by appropriately licensed drivers. Certain classifications were also removed, and all two-wheeled vehicles were required to use motorcycle helmets. [21]

As of October 2024, provisions concerning the licensing, registration, and restrictions of LEVs in both LTO Administrative Order No. 2021-039 and LTO Administrative order No. VDM-2024-044 have been suspended following a directive from the Department of Transportation (DOTr) to review all LTO issuances that are inconsistent with the Electric Vehicle Industry Act (RA 11697). [19]

Electric Scooter and Category L EV classifications (as of 2024) [21]
CategorySpecificationsRestrictions
Road restrictionsHelmet requirementDriver's license restrictionsVehicle registration
Electric Mobility Scooter
  • Two, three, or four wheeled electric vehicle with or without pedals
  • Maximum design speed not exceeding 12.5 km/h (7.8 mph)
  • Powered by less than 300 W
Allowed on all roads excluding limited-access highwaysMotorcycle helmetA restrictionRequired
Category L1
Two-wheeled Moped
  • Two wheeled electric vehicle with or without pedals
  • Maximum design speed not exceeding 50 km/h (31 mph)
Motorcycle helmetA restrictionRequired
Category L2
Three-wheeled Moped
  • Three wheeled electric vehicle with or without pedals
  • Maximum design speed not exceeding 50 km/h (31 mph)
Not requiredA restrictionRequired
Category L3
Motorcycle
  • Two-wheeled electric vehicle
  • Maximum design speed exceeding 50 km/h (31 mph)
Motorcycle helmetA restrictionRequired
Category L4
Asymmetric Three Wheeled Vehicle
  • Three-wheeled asymmetrical (with sidecar) electric vehicle with a maximum curb vehicle weight of 600 kilograms (1,300 lb)
  • Maximum design speed not exceeding 50 km/h (31 mph)
  • Powered by least 1000 W
Not requiredA1 restrictionRequired
Category L5
Symmetric Three Wheeled Vehicle
  • Three-wheeled symmetrical electric vehicle with a maximum curb vehicle weight of 600 kilograms (1,300 lb)
  • Maximum design speed not exceeding 50 km/h (31 mph)
  • Powered by at least 1000 W
Not requiredA1 restrictionRequired
Category L6
Light Quadricycle
  • Four-wheeled electric vehicle with a maximum curb vehicle weight of 350 kilograms (770 lb)
  • Maximum design speed not exceeding 45 km/h (28 mph)
  • Powered by up to 4000 W
Not requiredA1 restrictionRequired
Category L7
Heavy Quadricycle
  • Four-wheeled electric vehicle with a maximum curb vehicle weight of 350 to 550 kilograms (770 to 1,210 lb)
  • Maximum design speed of 45 km/h (28 mph)
  • Powered by up to 15000 W
Not requiredA1 restrictionRequired
Category L classifications (non-EV)
CategorySpecificationsRestrictions
Road restrictionsHelmet requirementDriver's license restrictionsVehicle registration
Category L1
Two-wheeled Moped
  • Two wheeled diesel or gasoline vehicle with or without pedals
  • Maximum design speed not exceeding 50 km/h (31 mph)
Allowed on all roads excluding limited-access highwaysMotorcycle helmetA restrictionRequired
Category L2
Three-wheeled Moped
  • Three wheeled diesel or gasoline vehicle with or without pedals
  • Maximum design speed not exceeding 50 km/h (31 mph)
Not requiredA restrictionRequired
Category L3
Motorcycle
  • Two-wheeled diesel or gasoline vehicle
  • Maximum design speed exceeding 50 km/h (31 mph)
Allowed on all roads excluding limited-access highways, with exceptions [Note 2] Motorcycle helmetA restrictionRequired
Category L4
Asymmetric Three Wheeled Vehicle
  • Three-wheeled asymmetrical (with sidecar) diesel or gasoline vehicle with a maximum curb vehicle weight of 600 kilograms (1,300 lb)
  • Maximum design speed not exceeding 50 km/h (31 mph)
Allowed on all roads excluding limited-access highwaysNot requiredA1 restrictionRequired
Category L5
Symmetric Three Wheeled Vehicle
  • Three-wheeled symmetrical diesel or gasoline vehicle with a maximum curb vehicle weight of 600 kilograms (1,300 lb)
  • Maximum design speed not exceeding 50 km/h (31 mph)
Not requiredA1 restrictionRequired
Category L6
Light Quadricycle
  • Four-wheeled diesel or gasoline vehicle with a maximum curb vehicle weight of 350 kilograms (770 lb)
  • Maximum design speed not exceeding 45 km/h (28 mph)
Not requiredA1 restrictionRequired
Category L7
Heavy Quadricycle
  • Four-wheeled diesel or gasoline vehicle with a maximum curb vehicle weight of 350 to 550 kilograms (770 to 1,210 lb)
  • Maximum design speed of 45 km/h (28 mph)
Not requiredA1 restrictionRequired
Category M and N classifications (EV and non-EV)
CategorySpecificationsRestrictions
Road restrictionsDriver's license restrictionsVehicle registration
Category M1
Car, Van, and SUV
  • Electric, diesel, and gasoline vehicles with not more than 8 passenger seats
  • Gasoline and diesel variants with a gross vehicle weight up to 5,000 kilograms (5.0 t)
  • Electric variants with a gross vehicle weight up to 3.5 metric tons (3,500 kg)
Allowed on all roads including limited-access highwaysB restrictionRequired
Category M2
Utility Vehicle and Jeepney
  • Electric, diesel, and gasoline vehicles with more than 8 passenger seats
  • Gasoline and diesel variants with a gross vehicle weight up to 5,000 kilograms (5.0 t)
  • Electric variants with a gross vehicle weight of 3.500 to 5.000 kilograms (7.716 to 11.023 lb)
B1 restrictionRequired
Category M3
Bus and e-Bus
  • Electric, diesel, and gasoline passenger vehicles with more than 8 seats
  • Gross vehicle weight exceeding 5,000 kilograms (5.0 t)
D restrictionRequired
Category N1
Truck
  • Electric, diesel, and gasoline vehicles carrying goods with a gross vehicle weight up to 3,500 kilograms (3.5 t)
C restrictionRequired
Category N2
Truck
  • Electric, diesel, and gasoline vehicles carrying goods with a gross vehicle weight of 3,500 to 12,000 kilograms (3.5 to 12.0 t)
C restrictionRequired
Category N3
Truck
  • Electric, diesel, and gasoline vehicles carrying goods with a gross vehicle weight exceeding 12,000 kilograms (12 t)
C restrictionRequired
Category O1
Articulated Car
BE restrictionRequired
Category O2
Articulated Car
BE restrictionRequired
Category O3
Articulated Truck
CE restrictionRequired

Roads

All public roads and highways, defined as thoroughfares, boulevards, driveways, avenues, parks, and alleys are covered by RA 4136. This does not include corridors within private property or any institutions. [1]

Republic Act No. 917 or the Philippine Highway Act of 1953 prohibits highways, bridges, or right-of-ways covered by RA 4136 from being obstructed, or from being usurped or converted to private use. The act also prohibits the removal or tampering of road infrastructure such as markers, signs, and other road-side facilities. [36]

RA 4136 also applies to limited-access highways, more commonly known as expressways, alongside additional traffic laws and restrictions provided by Republic Act No. 2000 and DPWC Administrative Order No. 1 series of 1968.

In Metro Manila, the Metro Manila Traffic Code covers all roads and public places within the metro. [22]

Parking

Under RA 4136 and the Metro Manila Traffic Code, a motor vehicle is considered to be parked when it has been stopped on the shoulder or edge of a highway for an "appreciable" period of time. A motor vehicle stopping to unload passengers or cargo is not considered to be parked if the vehicle moves away "without delay". [1] [22]

RA 4136 states that parking a vehicle — by leaving it attended or unattended for an "appreciable" period of time — is prohibited inside an intersection or within 6 m (20 ft) of it, in front of a private driveway, on a pedestrian crossing, within 4 m (13 ft) of a fire hydrant or a driveway of a fire station, and where "no parking" signs are placed. [1]

Parking on any sidewalk, path, or alley not intended for vehicular traffic or parking (such as bicycle lanes) is also prohibited by RA 4136 and DOTr Department Order No. 2020-014. [1] [18]

Standard rules

List of some standard rules of the road for motor vehicles and animal-drawn vehicles, all based on RA 4136: [1]

Speed limits

Speed limits for motor vehicles across the country are defined by RA 4136 based on the type of roads and their conditions. A higher maximum speed limit is generally applied to light motor vehicles while lower maximum speed limits are applied to heavier motor vehicles. [1]

There are no minimum speed limits on public roads except on expressways. [13] However, RA 4136 states that a driver of a motor vehicle must drive at a "careful and prudent speed, not greater nor less than is reasonable and proper" with regards to road conditions. [1]

Pursuant to DILG-DPWH-DOTr Joint Memorandum Circular 2018-001, local government units may designate lower maximum speed limits on local roads in the interest of road safety. [17] [22]

Lane splitting and filtering

Lane splitting and lane filtering is not explicitly illegal on Philippine roads for any type of vehicle. However, lane sharing (which is incorrectly defined as "lane splitting") is considered illegal for motorcycles under LTO Administrative Order 2008-015, which states that a motorcycle or scooter must observe one lane per vehicle only. [15] This policy however, is not actively enforced on the road. [37]

Section 3 of DPWC AO No. 1 s. 1968 prohibits any vehicle from lane splitting, lane sharing, or lane filtering on all expressways in the Philippines. This also applies to motorcycles, as of DPWH Department Order No. 123 s. 2001. [13] [38]

Overtaking lanes and slow lanes

Expressways in the Philippines have a passing lane designated for overtaking and lanes designated for slow-moving vehicles. [13] This however does not apply to public roads by default.

Section 3 of DPWC AO No. 1 s. 1968 states that slow-moving vehicles on expressways must use the right lane and use the left lane only when passing. [13]

Liability in incidents

RA 4136 states that any accident resulting in death or injuries of another person due to negligence or reckless or unreasonable fast driving will be subject to provisions of the Revised Penal Code. [1]

The traffic code also states that in the event of an accident, the driver must stop and show their drivers' license and the details of registration of the vehicle to the other parties involved. No driver of a motor vehicle involved in an accident should leave the scene without aiding any victims except if there is imminent danger of harm, if the incident is reported to law enforcement, or if medical services are called. [1]

The Civil Code of the Philippines also dictates in the following articles that the liability of operating motor vehicles falls primarily on the owner or driver: [39]

In 2004, the Supreme Court of the Philippines ruled in Añonuevo v. Court of Appeals that Article 2185 was not intended at the time of its creation in 1950 to also cover non-motorized vehicles on the road, affirming previous rulings that have affirmed the higher level of responsibility expected from motor vehicle drivers. The ruling also clarifies the principle of negligence per se , which states that to indict individuals for negligence in an incident, the violation of a statutory duty must directly cause the incident. [40]

Pedestrian crossings

RA 4136 states that within commercial or residential areas, drivers of vehicles must yield the right of way to a pedestrians crossing public roads on pedestrian crossings, except when traffic movement is regulated by traffic enforcers. On the other hand, pedestrians must yield their right of way to motor vehicles when crossing a public road at any point other than a pedestrian crossing. [1]

Traffic restrictions

Outside of the traffic code, there are traffic restrictions which designate the time and day that certain vehicles or road users are allowed to operate on, as well as specific roads where these restrictions are enforced or exempted on.

Light electric vehicles

In Metro Manila, LEVs such as electric bicycles (e-bicycles), motorized scooters, and electric rickshaws (e-tricycles) are required to use bicycle lanes when traversing major roads as designated by the Metropolitan Manila Development Authority in MMDA Regulation 24-002 and its implementing guidelines in MMDA Memorandum Circular No. 4 s. 2024. [41]

RA 11697 provides that light electric vehicles may also use bicycle lanes. [12] All light electric vehicles with a maximum design speed below 60 km/h (37 mph) are prohibited on roads designated as expressways. [13]

Motorcycles

Motorcycles and mopeds are allowed on most roads with the exception of roads designated as expressways.

Only two-wheeled motorcycles with an engine displacement of 400 cc (24 cu in) and three-wheeled motorcycles with an engine displacement of 600 cc (37 cu in) are allowed to be used on expressways. [13] [42]

Some highways, particularly in Metro Manila, have motorcycle lanes where motorcycles are designated to use. However, these lanes are usually not exclusive to motorcycles and allow other road users to use them and require motorcycles to remain in the lane. One exception to this is the motorcycle lane along Commonwealth Avenue where vehicles other than motorcycles may be penalized for unnecessary usage of the motorcycle lane. [43]

Non-motorized transport

Non-motorized vehicles include bicycles, kick scooters, and pedicabs, which are allowed on all public roads unless restricted otherwise.[ citation needed ]

All non-motorized transport are prohibited on roads designated as expressways. [13]

Bicycle lanes are lanes along roads or separate paths designated for the exclusive or shared use of bicycles, non-motorized transport, and light electric vehicles. [18] [12] The generally applied rule is that only personal kick scooters, mobility scooters, bicycles, and pedal-assist bicycles are allowed to use bicycle lanes. [18] [20]

In Metro Manila, alongside LEVs, pedicabs and kuligligs are prohibited from traversing major roads and may only cross said roads as designated by the Metropolitan Manila Development Authority in MMDA Regulation 24-002 and its implementing guidelines in MMDA Memorandum Circular No. 4 s. 2024. [41]

Some cities and municipalities have local traffic codes that require the registration of bicycles and mandate that bicycles are to be ridden only on bicycle lanes when present along a road, [44] such as in San Juan [45] and Mandaluyong. [46] However, the bicycle-specific sections of the majority of these ordinances are not being actively enforced or may have been forgotten.[ citation needed ]

Public utility vehicles

Public transport vehicles, such as jeepneys, buses, and the UV Express are restricted to use designated lanes on certain roads. A notable example of this is the EDSA Busway, located on the inner lanes of EDSA in Metro Manila, which is restricted for the exclusive use of EDSA Carousel route buses and authorized government vehicles.

Similar to trucks, buses are to use the outermost lanes on the expressway. On the other hand, both public and private jeepneys are classified the same as cars and are allowed on all lanes.[ citation needed ]

Tricycles, pedicabs, and motorized tricycles used for public transport are prohibited from using national highways based on the Department of Interior and Local Government (DILG) Memorandum Circular No. 2020-036. This restriction does not apply to those being used for private use. [47]

Trucks

Trucks are prohibited from passing through certain roads due to their large size and concern for safety around trucks. In Metro Manila, a truck ban ordinance prohibits trucks from most roads during the day and designates certain roads that are exempted from the truck ban. [48]

Some highways such as Circumferential Road 5 have designated lanes that trucks must stay in at all times while traversing the road, usually designated on the third lane from the sidewalk. [49] In addition to this, expressways have also designated the outermost lanes as lanes where trucks are only allowed to use.[ citation needed ]

See also

Notes

  1. ↑ Except for L3 units with a higher minimum power rating, to be determined by the Department of Transportation.
  2. ↑ Except for two-wheeled motorcycles with an engine displacement above 400 cc (24 cu in) and three-wheeled motorcycles with engine displacement above 600 cc (37 cu in).

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References

  1. 1 2 3 4 5 6 7 8 9 10 11 12 13 Republic Act No. 4136 (June 20, 1964), Land Transportation and Traffic Code, archived from the original on August 30, 2023, retrieved August 30, 2023
  2. ↑ Act No. 3992 (March 10, 1922), Motor Vehicle Law , retrieved January 25, 2024
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  26. ↑ Presidential Decree No. 896 (February 26, 1976), Further Amending Republic Act No. 4136, Otherwise Known as the Land Transportation and Traffic Code
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