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Traffic law in the Philippines
Rules of the road in the Philippines From Wikipedia, the free encyclopedia
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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.
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]
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Applicable laws
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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.
The following laws are only applicable to the Metro Manila area.
Since its enactment in 1964, there have been 12 amendments to RA 4136, the latest being in 2017.
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Definitions and coverage
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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 propelled by a motor vehicle are classified as a separate motor vehicle.[1][23]
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).[36] 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]
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.[37]
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.[23]
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][23]
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]
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Standard rules
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List of some standard rules of the road for motor vehicles and animal-drawn vehicles, all based on RA 4136:[1]
- Keep to the right of the road except to pass others, where passing is allowed
- Vehicles must not exceed their registered carrying capacity
- Right of way at marked and unmarked intersections under various conditions
- Prohibited places for parking a vehicle
- Yield to police, fire department, and ambulance vehicles with a siren
- Yield right of way to pedestrian crossings
- Observe proper vehicle lighting and traffic light signalling
- Observe caution while driving and avoid impeding traffic
- Stopping if there has been a traffic collision
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][23]
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.[38]
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][39]
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:[40]
- Article 2184 states that in motor vehicle mishaps, the owner is solidarily liable with his driver, if the former, who was in the vehicle, could have, by the use of the due diligence, prevented the misfortune. It is disputably presumed that a driver was negligent, if he had been found guilty of reckless driving or violating traffic regulations at least twice within the next preceding two months. If the owner was not in the motor vehicle, the provisions of article 2180 are applicable.
- Article 2185 states that unless there is proof to the contrary, it is presumed that a person driving a motor vehicle has been negligent if at the time of the mishap, he was violating any traffic regulation.
- Article 2186 states that every owner of a motor vehicle shall file with the proper government office a bond executed by a government-controlled corporation or office, to answer for damages to third persons. The amount of the bond and other terms shall be fixed by the competent public official.
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.[41]
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]
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Traffic restrictions
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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.[42]
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][43]
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.[44]
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.[42]
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,[45] such as in San Juan[46] and Mandaluyong.[47] 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.[48]
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.[49]
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.[50] In addition to this, expressways have also designated the outermost lanes as lanes where trucks are only allowed to use.[citation needed]
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See also
External links
- Land Transportation Office - Filipino Driver's Manual (FDM) Volume 1, 2nd Edition
- Land Transportation Office - Filipino Driver's Manual (FDM) Volume 2, 2nd Edition
- Republic Act No. 4136 - Land Transportation and Traffic Code
- Joint Metro Manila Traffic Circular No. 01 - Metro Manila Traffic Code of 2023
- Joint Administrative Order No. 2014-01 - Revised Schedule of Fines and Penalties for Violations of Laws, Rules and Regulations Governing Land Transportation
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Notes
References
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