Tuesday, August 31, 2010

Philippines Traffic and Vehicle Law Violations and Corresponding Penalties

Philippines Traffic & Vehicle Law Violations
and Corresponding Penalties.

Ever been surprised by an apprehending traffic officer with a violation you haven't heard of? Every motorist, at least once in his lifetime has been apprehended by a traffic officer. Sometimes, you are surprised by the apprehending officer with a "new" or improvised traffic violation, or at times it might be something real that you just haven't heard of. Knowing the violations might save you money and trouble. There are also some instances of wrong apprehensions, like the very popular 'driving without license' violation. Do not allow the apprehending officer to get away with this, when you really have a license but did not bring it, this would only mean a failure to carry a driver's license when operating motor vehicle with a fine of 150 pesos compared to 750 pesos for driving without license. Be calm and polite when confronted by a traffic officer. Shouting or yelling at them can also get you in trouble. There is a violation called "Arrogance or discourtesy towards a traffic officer" which will incur a 150 peso fine. If you are driving a car be sure to bring along with you your spare tire, as failure to do so will also result in a violation with a fine of 150 pesos.
Bring along your early warning device or buy one if you don't have one yet. This will save you 100 bucks and another 300 pesos if your car needs a little roadside repairs. Last but not least, please do remember to fasten your safety belts or be ready to pay 300 or even a 1000 pesos fine. Don't forget that using your mobile phone, be it calling, answering a call, or texting is also a violation of the law unless you have a hands free kit installed. Texting is still not permitted even with the installation of a hands free kit since texting cannot be done hands free.

Listed below are the traffic violations with corresponding penalties and subject of violation.

A. Violations related to licensing
Violations Penalties Subject
1 Driving without license P 750.00 Driver
2 Driving with delinquent, invalid. suspended, ineffectual, revoked or improper license P 300.00 Driver
3 Failure to show or surrender driver’s license for cause upon due demand by person with authority to confiscate. P 150.00 Driver
Failure to carry driver’s license when Operating motor vehicle. P 150.00 Driver
Failure to sign driver’s license P 150.00 Driver
4 Driving while under the influence of Liquor or prohibited drug P 2,000.00 Driver
Driver
Driver
For the 2nd offense, Fine plus 1 year Suspension
Subsequent violation Revocation of driver’s license
5 Allowing an unlicensed/improperly licensed person to drive MV P 750.00 Owner/Operator
6 Possession and use of fake driver’s license. If the driver has been issued an authentic license, the same shall be confiscated and suspended for 6 months in addition to the fine.
If the driver has not been issued an authentic license, he shall not be qualified to secure driver’s license for a period of six (6) months in addition to the fine P 1500.00 Driver
7 Allowing another person to use his driver’s license – confiscation and suspension for one (1) month P 500.00 Driver
8 Use and involvement of MV by the driver in the commission of a crime-in case of court conviction, automatic revocation of driver’s license. P 1500.00 Driver
9 Student Driver operating a MV without being accompanied by a licensed driver. P 200.00 Student Driver

B. Violations related to registration.
11 Operating a MV which is unregistered/improperly registered delinquent or with invalid registration. If driver is also the Owner, MV shall be impounded until Properly registered P 450.00
P 450.00 Driver
Owner
12 Operating MV with unregistered substitute or replacement engine, engine block or chassis, change color, change body or configuration. In addition, MV shall be properly impounded until such parts are properly registered. P 500.00 Owner
13 Failure to carry in the MV the Certificate of Registration (CR) and Official Receipt (OR) (original or Photocopies) P 150.00 Owner
14 Operating/allowing the operation of MV with a suspended/revoked Certificate of Registration, P 450.00
MV impounded or its plates held during period of suspension / Revocation
15 Tourist Operating a non-Philippine registered MV beyond 90 day period of his sojourn. P 1500.00
MV shall not be allowed to operate until properly registered. Tourist

C. Violations relating to number plates and stickers.
16 MV number plates not firmly attached and visible. Dirty or uncared for plates.
Inconspicuously displaced plates in front and rear. NO STICKER showing current Registration P 150.00 Driver
17 License plates different from body Operator number on Public Utility Vehicle P 450.00 Owner
18 Improper display of MV plates by owner (permanent) plates to accommodate a better display of commemorative/other plates. P 500.00 Owner
19 Display of expired commemorative/other plates P 200.00 Owner
20 Tampered/Marked plates/stickers P 300.00 Owner
21 a. Illegal transfer and use of MV plates/tags or stickers from one MV to another except security plates on authorized vehicle Owner/Operator are conclusively presumed to have caused or permit such illegal transfer and liable to fine.
Driver of MV involved in illegal transfer of plates 1 month suspension of driver’s license.

P 7500.00 Driver


Owner
b. If MV is used and involved in commission of a crime, P 10000.00
Penalty plus motor vehicle impounded. Driver/Owner

D. Violations relative to equipment, parts, accessories, devices and marking of a motor vehicle
22 Operating MV with metallic tires on any public highway,
Defective brakes,
Improper/defective horn or signaling device,
Unnecessary lights visible in front of vehicle,
Missing or defective headlights/taillights,
Missing or red rear lights at both/each, side visible at least 100m from vehicle,
Missing or defective plate light,
Missing or defective brake lights,
Missing or defective wiper on the windshield,
Missing cut/disconnected muffler. P 150.00 each Driver
23 Dirty/unsightly or dilapidated MV. In addition, confiscation of plates until defects are corrected P 150.00 Owner/Operator
24 Failure to paint or improper painting of authorized route or painting of unauthorized route of PUJ P 375.00 Owner/Operator
25 Non-painting of business or trade name. P 150.00
Confiscation of plates until defects are corrected. Owner
26 a. Use of unauthorized improvised plates
b. Use of improvised plates to make MV appear as for hire. P 150.00
P 1,500.00 Owner
27 a. Dirty and/or unsanitary defective unit
b. Without/defective hand brakes
c. Without or defective speedometer or tachometer
d. Defective or broken windshield
e. Without or defective windshield wiper
f. Without rear view mirror
g. Without interior light P 150.00 Owner/Operator
28 Without name or business name and address inscribed on both sides of MV used for public services. P 150.00
Confiscation of plates until proper markings are made. Owner/Operator
29 Without spare tire P 150.00 Owner/Operator
30 Unauthorized bell sirens or exhausts whistle on emergency. P 150.00
Said gadgets shall be confiscated. Owner/Operator
31 Without red flag or red lights on projecting end of load extending more than a meter beyond the bed or body and in the evening, red lights visible at least 50 meters away P 150.00 Driver
32 Failure to paint appropriate body number on a MV for hire on both sides P 375.00 Owner/Operator
33 a. Failure to carry EWD
b. Failure to install EWD 4 meters away to the front and rear of the stalled/disabled MV. P 100.00
P 300.00 Driver
Driver
34 Without capacity markings P 150.00 Owner/Operator
35 Failure to wear safety belt while operating motor vehicle or while riding on front passenger seat P 1000.00
P 300.00 Owner/Operator
36 Without permanent tail gauge or failure to put “NOT FOR HIRE” sign in a private jeepney/jitney P 300.00 Owner

E. Violations relative to weights and load limits.
37 Load extending beyond projected width without permit 200.00 Driver
38 a. Operating MV with wheel axle, or axle group loads in excess of the limits in Sec. 9, RA 4136 or any regulation without permit. P 150.00 Driver
b. Operating MV with total weight of cargo carrying device on passenger truck including cargo exceeding 100 kilos. P 150.00 Driver
c. Allowing more passengers and/or more freight or cargo in his vehicle more than the registered carrying capacity. P 150.00 Driver (If PUV, imposed upon Conductor)
d. Baggage or freight carried on top of truck exceeds 20 kilos per sq. meter and not distributed in such a manner as not to endanger the passenger or stability of the truck. P 150.00 Driver/Conductor

F. Violations relative to frauds and falsities
39 Use of invalid/ delinquent/ suspended/ revoked/ fake license, identification card or permit. P 1000.00 to
P 3000.000 Driver
40 Fake CR, OR, plates, tags or stickers/spurious documents P 1000.00 to
P 3000.000 Owner/Operator
41 Misrepresenting a copy of a document before the Traffic Adjudication Service P 1000.00 Owner/Operator/
Driver

G. Violations related to parking and drivers
42 Parking within an intersection
Parking on a crosswalk
Parking within 5 m. of the intersection of the intersection of curb lines
Parking within 4 m. of the driveway entrance to any fire station
Parking within 4 m. of a fire hydrant
Parking in front of a private highway
Parking on the roadway side of any unmoving or parked at the curb or edge of the highway
Parking at any place where official signs of prohibition have been erected
Allowing a passenger on top or cover of vehicle
Allowing a passenger to ride on running board, step board or
mudguard of MV while it is in motion
Disregarding traffic signs
Failure to use helmet while driving/riding a motorcycle P 150.00 each Driver
43 Reckless Driving
- 1st Offense
- 2nd Offense and suspension of Driver’s License
- 3rd Offense and revocation of Driver’s License
P 150.00
P 750.00
P 1000.00 Driver
44 Arrogance or Discourtesy P 150.00 Driver
45 Failure to dim headlights P 150.00 Driver
46 Driving in slippers or sleeveless shirt P 100.00 Driver
47 Driving in a place not for traffic or parking in a place not for parking
Failure to give way to police or fire department vehicle or ambulance
Hitching or permitting a person on a bicycle or roller skates to hitch
to the vehicl. P 100.00 Driver

H. Traffic Violations
48 Illegal turn P 150.00 Driver
49 Driving against traffic/counterflow P 2000.00 Driver
50 Illegal overtaking P 150.00 Driver
51 Overtaking at an unsafe distance P 150.00 Driver
52 Cutting an overtaken vehicle P 150.00 Driver
53 Failure to give way to an overtaking vehicle P 150.00 Driver
54 Increasing speed when being overtaken P 150.00 Driver
55 Overtaking when left side is not visible or clear P 150.00 Driver
56 Overtaking on a crest or grade P 150.00 Driver
57 Overtaking on a curve P 150.00 Driver
58 Overtaking at a railway grade crossing P 150.00 Driver
59 Overtaking at an intersection P 150.00 Driver
60 Overtaking between "Men Working" or "Caution" signs P 150.00 Driver
61 Failure to yield to the right of way P 150.00 Driver
62 Failure to come to a complete stop at a through street P 150.00 Driver
63 Failure to come to a complete stop at a stop intersection P 150.00 Driver
64 Failure to give proper turn/stop signals P 150.00 Driver
65 Illegal right turn P 150.00 Driver
66 Illegal left turn P 150.00 Driver
67 Failure to stop motor vehicle and apply handbrake when unattended P 150.00 Driver
68 Causing an obstruction to traffic P 150.00 Driver


TOOLS AGAINST MMDA OFFICERS

I just reached my limit last weekend, and decided to take action against the abusive MMDA enforcers. I basically called up the MMDA head office and inquired from the Personnel Officer, Antonio Pagulayan, to clarify their policies. Here is what I got:

If any of these abuses seem familiar to you, Mr. Pagulayan has asked that you call either the MMDA hotline (136) or call the METRO BASE at 0920 9389861 or 0920 9389875 and ask for an Inspectorate. They will send inspectors to the place where these MMDA officers are extorting, even while you are arguing out of your apprehension. DO NOT JUST SURRENDER YOUR RIGHT AND PAY OFF THE MMDA TRAFFIC OFFICER, CHALLENGE (if you have sound basis of course) THE TRAFFIC CITATION:

1. MMDA officers are not allowed to group together in order to apprehend. They are not even allowed to stand together in groups of 2 or more. The only time they are allowed to work together is for special operations (probably when they apprehend groups of buses for smoke belching).

2. Swerving IS NOT a traffic violation. Moving one lane to the left or right is not swerving, no matter where on the road you do it. And it is even less of a violation when you do it with a signal. Swerving is defined as shifting 2 or more lanes very quickly. So you can argue your way out of this, and call the Metro Base for help.

3. Sadly, using the yellow lane is a traffic violation and will get you a ticket. However, buses are really not allowed to go out of the yellow lane, so if you see selective apprehension of private cars only, you may complain.

4. MMDA has confirmed that your license MAY NOT BE CONFISCATED at a traffic apprehension. The only time they can do so is if you are part of an accident, or it is your third violation and you have not settled your fines yet. They are only allowed to give you a ticket, which you can contest. He recommends actually receiving the ticket in some instances, so that you can report the officer who did it.

5. Also, you are free to ask any of these officers for their "mission order", which is written by their supervisor. If they apprehend you for a violation that is not in their mission order for the day, you can report them and they will receive disciplinary action.



Must Know: MMDA rules on Car Number-Coding

1. No window hours: Makati, Malabon and Las Pinas. Number Coding is in effect from 7am to 7pm!

2. No number coding: Taguig, Marikina and Paranaque. So, feel free to roam around these cities anytime.

3. Pasig City has window hours of 9am to 4pm (note the 1 hour additional to the normal 10-3pm window).

4. San Juan has window hours now according to MMDA website.

5. Pasay City is implementing Number Coding except on the following roads: Ninoy Aquino Avenue, MIA Road, Domestic Road, Portions of Airport Road , Sales Road , Tramo.

6. EDSA, C5, Pres. Diosdado Macapagal Avenue, Roxas Blvd (Pasay) have window hours regardless of the city (meaning one can drive via EDSA in Makati any day).

7. For the rest of Metro Manila (Caloocan, Mandaluyong, Manila, Muntinlupa, Navotas, parts of Pasay, Pateros, Quezon City, Taguig, and Valenzuela) number coding is in effect (window hours of 10am-3pm is also observed).