AUTO INDUSTRY NEWS

DOTC, LTO to impose stiffer fines for traffic violations

DOTC, LTO to impose stiffer fines for traffic violations image

Text: Eric Tipan / Photos: AutoIndustriya.com | posted June 06, 2014 17:05

Fees for violations incurred while operating a motor vehicle increased

Last June 2, 2014, the Department of Transportation and Communication (DOTC), under the power of Executive Order No. 292 giving them the authority to set rules and prescribe fines for land transportation, has just released the Joint Administrative Order No. 2014-01 along with the Land Transportation Office (LTO), which stipulates a 'revised schedule of fines and penalties' and replaces the six-year old LTO Department Order No. 2008-39.

LTO ticket

It is a comprehensive 25-page document detailing the infractions that can be committed with regards to licensing, registration/renewal and operation of a motorized vehicle, handling of commercial vehicles and franchises as well as the corresponding fine for each violation. Also included are rules regarding motorbikes and tricycles.

Revisions were made to the LTO Department Order to streamline violations. As an example, 'Driving with a delinquent or expired license' was a stand-alone Php400 violation. Now it is lumped with 'Driving without a driver's license' and comes with a Php3,000 fine.

Get set to pay pricier fines for, as the DOTC puts it, 'violations of laws, rules and regulations governing land transportation.'

All of these will take effect 15 days after it is published in two major newspapers of with general circulation and three copies supplied to the National Administrative Register.

Below is the complete matrix of the DOTC Administrative Order No. 2014-01:

 

2008

 

2014

A. VIOLATIONS IN CONNECTION WITH LICENSING

PENALTIES

A. VIOLATIONS IN CONNECTION WITH LICENSING

PENALTIES

Driving without license

Php 1,500.00

 

1. Driving without a valid license/conductor's permit

 

This includes driving with an expired, revoked, suspended, inappropriate driver's license classification, fake driver's license, tourist driving a motor vehicle with a valid foreign driver's license beyond the 90-day maximum allowance period and a student driver driving without being accompanied by a duly licensed driver.

Php 3,000.00

Driving with delinquent or expired license

Php 400.00

 

In addition, the unlicensed or improper licensed driver shall be disqualified from being granted a driver's license and driving a motor vehicle for a period of one (1) year from the payment of the fine 

Driving with suspended or revoked or improper license

Php 1,000.00

 

Failure to carry Driver’s license

Php 200.00

Failure to sign Driver’s license

Php 200.00

Allowing an unlicensed/ improperly licensed person to drive motor vehicle

Php1,000.00 + Suspension of plates and Driver’s license for 2 months

Student driver operating a MV without being accompanied by a licensed driver

Php 500.00

Possesion and us of fake/spurious Driver’s license

-           If the driver has been issue an authentic license, it shall be suspende for 1 year in addition to the fine.

-          If the driver has not been issued an authentic license, he shall be disqualified, to secure a Driver’s License for a period of 2 years.

Php 2,000.00
 Unlicensed conductor of a motor vehicle for hire  Php 500.00

 

 

 Conviction of the driver of a crime using motor vehicle

 Php 3,000.00

2. Driving a motor vehicle used in the commission of a crime upon conviction by a regular  court of competent jurisdiction

Php 10,000.00

 

 

In addition, the driver's licensed shall be confiscated, and upon conviction for the crime, revoked and the driver shall be perpetually disqualified from being granted a driver's license and driving a motor vehicle

The motor vehicle driven by the violator shall likewise be impounded until ordered to be released by a regular court of competent jurisdiction after payment of appropriate fines and penalties.

 

 

3. Commission of a crime in the course of apprehension upon conviction by a regular court of competent jurisdiction

Php 10,000.00

 

 

In addition, the drivers license shall be confiscated, and revoked upon conviction for the crime. the driver shall be disqualified from being granted driver's license for a period of 5 years counted from the date of payment of appropriate fines and penalties

 

The motor vehicle driven by the violator shall likewise be impounded until ordered to be released by a regular court after payment of appropriate fines and penalties.

 

 

4. Driving a motor vehicle while under the influence of alcohol, dangerous drugs and/or similar substance upon final conviction by a regular court of competent jurisdiction (Section 23 R.A. 10586)

Implementing Rules and Regulations

 

In addtion to the the fines and penalties prescribed by law:

 

The non-professional driver's license of the person shall be confiscated and suspended for a period of twelve (12) months for the first conviction and perpetually revoked for the second conviction.

 

The suspension above shall commence upon the payment of the appropriate fines and penalties

 

The professional driver's license of the person shall also be confiscated and perpetually revoked for the first conviction.

 

 The perpetual revocation of a driver's license shall disqualify of a person from being granted any kind of drivers license thereafter.

Driving under the influence of liquor:

1st offense: 2 months suspension of Driver’s license

Php 5,000.00

2nd offense:  3 months suspension of Driver’s license

Php 6,000.00
3rd offense:  6 months suspension of Driver’s license Php 7,000.00
4th offense: Revocation of license
Driving under the influence of drugs Php10,000.00+ Revocation of license

 

 

5. Reckless driving

 No person shall operate a motor vehicle on any highway reckless or without reasonable caution considering the width, traffic, grades, crossing, curvatures, visibility and other conditions of the high way and the conditions of the atmosphere and weather, or so to endanger the property of the safety or rights of any person or so as to cause excessive or unreasonable damage to the highway.

 

This includes driving an unregistered vehicle under section II.a hereof,

First offense -Php 2,000.00

 

Second offense -Php 3,000.00

 

Subsequent offense -Php 10,000.00

 

 

In addition, the driver's license shall be suspended for a period of three (3) months for the second offense and six (6) months for the third offense from the payment of fine and revocation of driver's license on the succeeding offense.

 

A revoked non-professional driver shall be disqualified from being granted a driver's license for a period of two (2) years counted from the date of revocation.

 

A revoked professional driver shall be perpetually disqualified from getting any driver's license.

 

 

6. Submission of fake documents in relation to the application for a driver's license (new/renewal)

Php 3,000.00

 

 

In addition, the driver's license shall be put on alarm, revoked and the driver shall be disqualified from being granted a driver's license and driving a motor vehicle for a period of one (1) year from the payment of the fine, without prejudice to the filing of appropriate criminal charges.

 

 

7. Failure to wear the prescribed seatbelt device

 

This includes allowing a child 6 years old and below be seated on the front passenger seat.

First offense -Php 1,000.00

 

Second offense -Php 2,000.00

 

Third offense -Php 5,000.00

 

 

In addition, the driver's license shall be suspended for a period of one (1) week from the payment of the fine, for the third and each succeeding offense.

 

 

8. Failure to require his/her passenger to wear the prescribed seat belt device (Section 12. R.A. 8750)

 

 

For Public Utility Vehicles, failure to post appropriate signages instructing front seat passengers to wear seatbelts when inside the vehicle.

For Public Vehicles, both the driver and the operator are liable to pay a fine of Php 3,000.00 for every violation.

 

 

9. Failure to wear the standard protective motorcycle helmet or failure to require the back rider to wear the standard protective motorcycle helmet, under R.A. 10054

 

Wearing a helmet with a fake Philippine standard (PS) or Import Commodity Clearance (IIC) sticker shall be tantamount to riding a moving vehicle without wearing a helmet.

First offense -Php 1,500.00

 

Second offense -Php 3,000.00

 

Third offense -Php 5,000.00

 

Fourth and succeeding offenses - Php 10,000.00

 

 

10. Failure to carry Driver's License, Certificate of registration or official receipt while driving a motor vehicle

Php 1,000.00

 

 

11. All other violation of traffic rules and regulations 

This includes the following traffic violations:

  1. Parking
    • In an intersection
    • Within 5 meters of the intersection
    • 4 meters from the driveway entrance
    • Within 4 meters from a fire hydrant
    • In front of a private driveway
    • On the roadway side of any unmoving or parked       MV at the curb or edge of the highway
    • At any place where sign of prohibitions have been installed
  2. Disregarding Traffic Signs
  3. Allowing passengers on the top or cover of a motor vehicle except in a truck helper
  4. Failure to provide canvass cover to cargos or freight of trucks requiring the same
  5. Permitting passenger to ride on running board, stepboard or mudguard of MV while the same motion.
  6. Failure to dim headlights when approaching another motor vehicle
  7. Driving in a place not intended for traffic or into place not allowed for parking
  8. Hitching or permitted a person or a vehicle, motorcycle, tricycle or skate roller to hitch to a motor vehicle
  9.  Driving against the traffic - failure to pass to the right when meeting persons or vehicles coming towards him
  10. Illegal turn - failure to conduct the motor vehicle to the right of the intersection of the highway when turning to the left in going from one highway to another
  11. Illegal overtaking - failure to pass to the left when overtaking persons or vehicles going to the same directions except when there are two or more lanes for the movement of traffic in one direction
  12. Overtaking at unsafe distance - failure to pass at a safe distance to left of another motor vehicle when overtaking that vehicle.
  13. Cutting an overtaking vehicle - driving to the right side of the highway after overtaking before his motor vehicle is safely clear of such overtaken vehicle.
  14. Failure to give of an overtaking vehicle - failure to give way to another vehicle approaching from the rear that wishes to overtake his vehicle when the former has given suitable and audible signal.
  15. Increasing speed when being overtaken - increasing the speed of the motor vehicle before the overtaking vehicle has completely passed.
  16. Overtaking when the left side is not visible or clear of oncoming traffic - driving to the left side of the center line of a highway in overtaking or passing another vehicle proceeding in the same direction where the left side is not clearly visible and is not free of incoming traffic for the sufficient distance to pass in safely.
  17. Overtaking upon a crest of a grade - overtaking or passing another vehicle proceeding in the same direction when approaching the crest of a grade.
  18. Overtaking upon a curve - overtaking or passing another vehicle proceeding in the same direction upon a curve in a highway where the driver's view along the highway is obstructed within a direction of 500 feet ahead
  19. Overtaking at any railway grade crossing - overtaking or passing another vehicle proceeding in the same direction at any railway grade crossing.
  20. Overtaking at an intersection - overtaking or passing to another vehicle in the same direction at any intersection of highways except in a highway having two or more lanes for movement of traffic in one direction where the driver of a vehicle may overtake another vehicle on the right.
  21. Overtaking on "men working" or "caution" signs - overtaking or passing or attempting to overtake or pass another vehicle proceeding in the same direction between warning or caution signs indicating that men are working on a highway.
  22. Overtaking at no overtaking zone - overtaking or passing or attempting to overtake or pass another vehicle proceeding in the same direction in any "no passing or overtaking" zone.
  23. Failure to yield the right of way - failure of the vehicle on the left to yield the right of way to the vehicle on the right when these vehicles approach or enter an intersection at approximately the same time.
  24. Failure to yield the right of way - failure of a vehicle approaching but not having entered an intersection to yield the right of way to a vehicle within such intersection or turning therein to the left across the line of travel of the first mentioned vehicle when such vehicle has given a plainly visible signal of intention to turn.
  25. Failure to yield the right of way - failure of the driver of any vehicle upon a highway within a business or residential district to yield the right of way to a pedestrian crossing such highway within a crosswalk except at intersection where the movement of traffic is regulated by a peace officer or by traffic signal.
  26. Failure to stop before traversing a "through highway" or railroad crossing - failure of the driver of a vehicle upon a highway to bring to a full stop such vehicle before traversing any "through highway" or railroad crossing.
  27. Failure to yield right of way - failure of a vehicle entering a highway from a private road or driver upon a highway to yield the right of way to all vehicles approaching on such highway.
  28. Failure to yield right of way to ambulance, police or fire department vehicles - failure of a driver upon a highway to 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 or their approach.
  29. Failure to yield right of way at a "through highway" or a "stop intersection" - failure of a vehicle entering a "through highway" or a "stop intersection" to yield right of way to all vehicles approaching in either direction on such "through highway".
  30. Failure to give proper signal- failure to give the appropriate signal before starting, stopping or turning from a direct line.
  31. Illegal turn - failure of the driver of a motor vehicle intending to run to the right at an intersection to approach such intersection in the lane for traffic nearest to be right-hand side of the highway and, in turning, to keep as close as possible to the right-hand curve or edge of the highway.
  32. Illegal turn - failure of the driver of a vehicle intending to turn to the left, to approach such intersection in the lane for traffic to the right of and nearest to the center line of the highway, and in, turning to pass to the left of the center of the intersection except upon highway lanes for traffic and upon one-way highway.
  33. Failure to stop motor and notch handbrake of motor vehicle when unattended- failure to turn off the ignition switch and stop the motor and notch effectively the handbrake when parking a motor vehicle unattended on any highway.
  34. Unsafe towing
  35. Obstruction- obstructing the free passage of other vehicles on the highway while discharging or taking passengers or loading and unloading freight, or driving a motor vehicle in such a manner as to obstruct or impede the passage of any vehicle.
  36. MC carrying more passengers other than the back rider or cargo other than the saddle bags and luggage carriers.

Php 1,000.00

 

 

2008 

 

2014

B. VIOLATIONS IN CONNECTION WITH MOTOR VEHICLE REGISTRATION /RENEWAL/OPERATION

PENALTIES

 

PENALTIES

Operating/ driving a motor vehicle which is unregistered/ improperly registered or with invalid registration

-           If committed by the driver without the knowledge and consent of the owner/ operator

-          If the driver is also the owner/ possessor of the subject motor vehicle

-          In both cases a motor vehicle shall be impounded or the plates, if any shall be confiscated and shall not be released until properly registered

1st offense - Php 2,000.00

 

2nd offense -

Php 4,000.00

 

3rd offense -

Php 5,000.00

a. Driving an unregistered motor vehicle

 

This includes driving with an improperly registered vehicle or a motor vehicle with expired, revoked, suspended or invalid registration, unregistered or fake substitute or replacement engine, engine block or chassis.

Php 10,000.00

In addition, in case of non-motor registration and the violation has exceeded one (1) month, the motor vehicle shall be impounded and shall be released only upon its valid registration and payment of appropriate fines and penalties.

In the case of undocumented engines, the motor vehicle shall be impounded and shall be barred for a period of one (1) year from payment of the fines. The undocumented engines shall likewise be confiscated in favor of the government.

Operating a motor vehicle with unregistered substitute or replacement engine, engine block or chassis Php5,000.00 + The vehicle shall be impounded until such parts are properly registered
     
     

 

 

b. Unauthorized motor vehicle modification

This includes change in color and other unauthorized modifications of the standard manufacturer's specification not covered by the preceding section a.

Php 5,000.00


 

In addition, the motor vehicle shall be impounded and shall be released only upon inspection, correction of defect and payment of the fine.

 

 

c. Operating a right hand drive motor vehicle

Php 50,000.00

 

 

In addition, the motor vehicle shall be impounded until the defect is corrected and the motor vehicle is deemed road worthy upon inspection and payment of the fine.

VIOLATIONS RELATIVE TO EQUIPMENTS, PARTS, ACCESSORIES, DEVICES AND MARKINGS OF MOTOR VEHICLES

Varying amounts

d. Motor vehicle operating without or with defective/improper/unauthorized accessories, devices, equipment and parts

 

This includes bells/horns/sirens/whistles, blinkers, brakes, early warning device (EWD), grill/s, jalousies, brake (foot and hand brakes), brake lights/headlights/interior lights/signal lights/tail lights, mirrors, mufflers, metallic tires/spare tire, speedometer, windshield, wipers or any other accessory, device, equipment or part that is manifestly prejudicial to road safety.

Php 5,000.00

Operating MV with metallic tires in any public highways, Defective brake, Improper/Defective Horn or signaling device, Use or installation of unnecessary lights in front and rear of a Motor Vehicle, Operating motor vehicle without head, tail, plate and/or brake lights, Without muffler, Dirty or unsightly or unsanitary MV, Dilapidated or defective MV, Without or defective handbrakes, Without or defective speedometer, Without or defective windshield wiper, Without rear view mirror, Without interior light

 

In addition, the motor vehicle shall be impounded until the accessory, device, equipment or part is properly installed, corrected or removed, as the case may be and payment of the fine. The improper or unauthorized accessory, device, equipment or part shall likewise be confiscated in favor of the government.

 VIOLATION IN CONNECTION WITH NUMBER PLATE

 

e. Failure to attach or improper attachment/tampering of authorized motor vehicle license plates and/or third plate sticker

This includes the attachment of any unauthorized plate/s or any accessory or device to and/or around the authorized motor vehicle license plate, or any manner of attachment that impedes in any way the visibility or reflectivity of the authorized motor vehicle license plate and/or the third plate sticker.

Php 5,000.00

18. MV number plates not firmly attached

19. Obscure plates

20. License plates different from body number on Public Utility Motor Vehicle

21. Improper display of a motor vehicle permanent plate

22. Display/Use of an expired commemorative plates or stickers

23. Tampered/Marked plates or stickers

24. Illegal transfer or use MV regularly issued MV plates, tags or stickers except security plates on authorized motor vehicle

  1. Owners/Operators are conclusively presumed to have committed the illegal transfer.
  2. Driver's of MV involved in illegal transfer of plates or stickers shall suffer the suspension of their DL for three (3) months.
  3. If the MV illegally transferred  plates or stickers is used in the commission of a crime, its owner shall suffer the penalty of P12,000.00 fine suspension of plates and registration certificate and Official Receipt for two (2) years.

Php 200.00

Php 200.00

 

Php 500.00

 

Php 500.00

 

Php 2000.00

Php 2000.00


Php 10000.00

In addition, the authorized motor vehicle license plate/third plate sticker shall be properly attached and the unauthorized plate, accessory and/or device removed and confiscated in favor of the government.

 

 

 

 

f. Smoke Belching (Section 46, R.A. 8749)

 

Any vehicle suspected of violation of emission standards through visual signs, such as, but not limited to, smoke belching, shall be subjected to an emission test.

 

The motor vehicle shall be impounded until the same has passed the standard emission test emission test and payment of the fine.

In addition, the driver and operator of the apprehended vehicle shall undergo a seminar on pollution control management conducted by the DENR and shall also suffer the following penalties:

a)      First Offense - a fine not to exceed Two Thousand Pesos (Php2,000.00);

b)      Second Offense - a fine not to exceed Four Thousand Pesos (Php4,000.00); and

c)       Third Offense - one (1) year suspension of the Motor Vehicle Registration (MVR) and a fine not more than Six Thousand Pesos (Php6,000.00)

d)      Succeeding Offense-suspension of MV Registration for one (1) year.

 

 

g. Fraud in relation to the registration of the motor vehicle and/or its renewal

Php 3,000.00

In addition, the motor vehicle shall be impounded and shall be barred from registration for a period of one (1) year from the payment of the fine.

 

 

h. All other violation in connection with motor vehicle registration/renewal/operation

Php 2,000.00

 

C. VIOLATIONS IN CONNECTION WITH DIMENSIONS, SPECIFICATIONS, WEIGHT AND LOAD LIMITS

 

 

PENALTIES

 

 

1. Load extending beyond projected width without permit

Php 1,000.00

 

Fine shall be imposed upon the driver of the motor vehicle for operating a motor vehicle with any part of the load extending beyond the projected width of the vehicle without special permit.

 

 

2. Axle overloading

An amount equivalent to 25% of MVUC at the time of infringement on owner/operator or driver of trucks and trailers for loading beyond their registered gross weight, vehicle weight.

 

The penalty shall be waived for loads exceeding the registered GVW by a tolerance of less than

5%.

 

No motor vehicle shall be allowed to proceed on the roadway if either a dual-wheel axle load shall exceed thirteen thousand five hundred (13,500.00) kilograms (kgs.) or the vehicle load exceeds 150% of the maximum allowable gross weight.

 

To be computed based on formula.

 

 

3. Operating a passenger Bus/Truck with cargo exceeding 160 kilograms

Php 1,000.00

 

Fine shall be imposed upon the driver and conductor of the motor vehicle.