TRAFFIC MANAGEMENT AND ACCIDENT

INVESTIGATION
• Alrey Quidet Ebajay
• Registered Criminologist
 What is RA 4136?
• "Land Transportation and Traffic
Code.“
• AN ACT TO COMPILE THE LAWS RELATIVE TO LAND
TRANSPORTATION AND TRAFFIC RULES, TO CREATE A
LAND TRANSPORTATION COMMISSION AND FOR OTHER
PURPOSES
 Scope of Act
• The registration and operation of motor
vehicles and
• The licensing of owners, dealers, conductors,
drivers, and similar matters.
 Need for a Motor Vehicle to be
Registered
• Section 5. All motor vehicles and other vehicles must
be registered.
• (a) No motor vehicle shall be used or operated on or
upon any public highway of the Philippines unless the
same is properly registered for the current year in
accordance with the provisions of this Act.
 Use and authority of certificate of
registration
• (a) The said certificate shall be preserved and carried in the
car by the owner as evidence of the registration of the
motor vehicle described therein, and shall be presented with
subsequent applications for re-registration, transfer of
ownership, or recording of encumbrances: Provided, That in lieu
of the certificate of registration a true copy or photostat
thereof may be carried in the motor vehicle.
• (b) The certificate of registration issued under
the provisions of this Act for any motor vehicle
shall, while the same is valid and effective and has
not been suspended or revoked, be the authority
for the operation of such motor vehicle.
 Necessity to have a Driver’s License

• Section 19. Duty to procure license. - Except as

otherwise specifically provided in this Act, no person
shall operate any motor vehicle without first procuring
a license to drive a motor vehicle for the current year,
nor while such license is delinquent, invalid, suspended
or revoked.
 Driver’s License is a “MUST
Carry”
• The license shall be carried by the driver at all
times when operating a motor vehicle, and shall
be shown and/or surrendered for cause and
upon demand to any person with authority under
this Act to confiscate the same.
REPUBLIC ACT NO. 10586?
• “Anti-Drunk and Drugged Driving
Act of 2013 (ADDDA)″.
• AN ACT PENALIZING PERSONS
DRIVING UNDER THE INFLUENCE
OF ALCOHOL, DANGEROUS
DRUGS, AND SIMILAR
SUBSTANCES, AND FOR OTHER
PURPOSE
 WHAT ARE PROHIBITED
UNDER THIS LAW?
• It shall be unlawful for any person to drive a motor
vehicle while:
• 1. Under the influence of Alcohol (DUIA)
• 2. Under the influence of Dangerous Drugs (DUID)
 PROCEDURE OF
APPREHENSION
Determination of
Sobriety driver’s BAC level (on-
Test site)

Finding of
Probable
Cause
Drug
Screening Drug Confirmatory
Test Test
 WHAT IS A PROBABLE
CAUSE?
• Reasonable ground to believe that the drivers is under the influence of
alcohol, dangerous drugs and or other similar substances. This is made
through:
• A. Upon PERSONALLY WITNESSING a traffic offense committed by
means of : LANE STRADDLING, MAKING SUDDEN STOPS,
OVERSPEEDING, SWERVING, OR WEAVING IN SUCH AN APPARENT
WAY.
• B. In the course of apprehension for another traffic offense, the evident smell
of alcohol in driver’s breath, general slurred speech, bloodshot/reddish eyes,
flushed face, poor coordination, difficulty in understanding and responding
intelligently to questions.
 WHAT IS A FIELD SOBRIETY
TEST?
• Standard test to initially assess and determine intoxication
namely:
• A.THE EYE TEST (HORIZONTAL GAZE NYSTAGMUS)
• B.THE WALK AND TURN
• C.THE ONE LEG STAND
• Note: If the driver passes all 3 test, driver shall be apprehended
for the other traffic offense only.
 MANDATORY DETERMINATION OF
DRIVERS BLOOD ALCOHOL
CONCENTRATION (BAC)
• A. If the driver fails in any of the sobriety test.
• B. Duty of the Law Enforcement Officer to
determine the driver’s BAC through the use of a
BREATH ANALYZER.
REGISTRATION OF BAC HIGHER
THAN LIMIT
• A. Driver shall be put under arrest and brought to the
nearest police station for detention.
• B. Motor vehicle impounded in the nearest LTO
impounding area until claimed by an authorized
representative of its registered owner.
 Mandatory Alcohol and Chemical Testing of
Drivers Involved in Motor Vehicular Accidents

• A driver of a motor vehicle involved in a vehicular accident

resulting in the loss of human life or physical injuries shall
be subjected to chemical tests, including a drug screening
test and, if necessary, a drug confirmatory test as
mandated under Republic Act No. 9165, to determine the
presence and/or concentration of alcohol, dangerous
drugs and/or similar substances in the bloodstream or
body.
 Refusal to Subject Oneself to
Mandatory Tests
• A driver of a motor vehicle who refuses to undergo
the mandatory field sobriety and drug tests shall be
penalized by the confiscation and automatic
revocation of his or her driver’s license, in addition
to other penalties provided herein and/or other
pertinent laws.
 Penalties
(a) If the violation did not result in physical injuries or homicide, the
penalty of three (3) months imprisonment, and a fine ranging from
Twenty thousand pesos (Php20,000.00) to Eighty thousand pesos
(Php80,000.00) shall be imposed;

(b) If the violation resulted in physical injuries, the penalty whichever

is higher which is a fine ranging from One hundred thousand
pesos (Php100,000.00) to Two hundred thousand pesos
(Php200,000.00) shall be imposed;
(c) If the violation resulted in homicide, the penalty which is a fine
ranging from Three hundred thousand pesos (Php300,000.00) to
Five hundred thousand pesos (Php500,000.00) shall be imposed;
and
(d) The nonprofessional driver’s license of any person found to have
violated this Act shall also be confiscated and suspended for a
period of twelve (12) months for the first conviction and perpetually
revoked for the second conviction.
• The nonprofessional driver’s license of any person found to
have violated Section 5 of this Act shall also be confiscated and
suspended for a period of twelve (12) months for the first
conviction and perpetually revoked for the second conviction.
• The professional driver’s license of any person found to have
violated this Act shall also be confiscated and perpetually revoked
for the first conviction.
• The perpetual revocation of a driver’s license shall disqualify the
person from being granted any kind of driver’s license thereafter.
Direct Liability of Operator and/or Owner
of the Offending Vehicle.

• The owner and/or operator of the vehicle driven by the

offender shall be directly and principally held liable together
with the offender for the fine and the award against the
offender for civil damages unless he or she is able to
convincingly prove that he or she has exercised extraordinary
diligence in the selection and supervision of his or her drivers
in general and the offending driver in particular.
 REPUBLIC ACT NO. 10054?

• "Motorcycle Helmet Act

of 2009"
• AN ACT MANDATING ALL MOTORCYCLE
RIDERS TO WEAR STANDARD
PROTECTIVE MOTORCYCLE HELMETS
WHILE DRIVING AND PROVIDING
PENALTIES THEREFORE
Mandatory Use of Motorcycle
Helmets
• “All motorcycle riders, including drivers
and back riders, shall at all times wear
standard protective motorcycle helmets
while driving, whether long or short drives,
in any type of road and highway.”
 EXEMPTION:
• Drivers of tricycles shall be exempted from
complying with the mandatory wearing of
motorcycle helmets as provided in this Act.
 Requirement

• A new motorcycle helmet which

bears the Philippine Standard
(PS) mark or Import Commodity
Clearance (ICC) of the Bureau
of Product Standards (BPS)
and complies with the
standards set by the BPS
 Penalties
• Any person caught not wearing the standard protective motorcycle helmet in violation of
this Act shall be punished with a fine of:
• First Offense - One thousand five hundred pesos (Php1,500.00)
• Second Offense - Three thousand pesos (Php3,000.00)
• Third Offense - Five thousand pesos (Php5,000.00
• Fourth and - Ten thousand pesos (Php10,000.00)
• Succeeding plus confiscation of the driver‘s license
Offenses
 What is RA 8750?

• “Seat Belt Use Act of 1999”

• An Act Requiring the Mandatory
Compliance by Motorists of Private
and Public Vehicles to Use Seat Belts
Devices and Requiring Vehicle
Manufacturers to Install Seat Belts
Devices in All their Manufactured
Vehicles
 OBJECTIVES OF A SEAT
BELT ACT
• To secure and safeguard its citizenry, particularly the passengers
and drivers of private and public motor vehicles, from the
ruinous and extremely injurious effects of vehicular accidents.
• Pursue a more proactive and preventive approach in order to secure
the safety of the passengers and drivers at all times with the
mandatory enforcement of the use of seat belt devices by the
drivers and front seat passengers of private and public motor
vehicles.
 Mandatory Use of Seat Belt

• For their own safety, the driver and front

seat passenger of a public or private MV
are required to wear or use their seat belts
while inside a vehicle of running engine on
any road or thoroughfare.
•Children or infants below the age
of 6 shall be prohibited to sit in the
front seat of any running MV
 PENALTIES
 First offense -Php 1,000.00
 Second offense -Php 2,000.00
 Third offense -Php 5,000.00
 This includes allowing a child 6 years old and below be seated on the front passenger seat
(Sec 5).
 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.
 For Public Utility Vehicles, failure to post appropriate signage instructing front seat passengers
to wear seatbelts when inside the vehicle, both the driver and the operator are liable to pay a
fine of Php 3,000.00 for every violation.
 What is RA 10666?
•‘Children’s Safety on Motorcycles Act of
2015”
•An act providing for the SAFETY of
CHILDREN aboard Motorcycles
OBJECTIVES OF THE LAW

•A proactive and preventive approach to

secure the safety of passengers, especially
children, by regulating the operation of
motorcycles along roads and highways.
 WHAT IS PROHIBITED
THIS LAW?
• It is unlawful for any person to drive a 2 wheeled
motorcycle with a child on board on public roads
where there is heavy volumes of vehicles , there
is high density of fast moving vehicle or where
a speed limit or more than 60kph is imposed.
 Unless:
• a. The child passenger can reach
his feet on the standard foot
peg.
• b. The child arms can reach
around and grasp the waist.
• c.Wear standard helmet.
 Except:

•Child transported requires

immediate medical attention.
 Penalties
• Fist Offense
• - Three thousand pesos (P3,000.00)
• Second Offense
• - Five thousand pesos (P5,000.00)
• Third Offense
• - Ten thousand pesos (P10,000.00) one month driver’s license suspension
• And succeeding offenses
• - Ten thousand pesos(P10,000.00) automatic revocation of driver’s license.
 QUALIFYING
CIRCUMSTANCES
• If, in violation of the provisions of this Act, death shall have
resulted or serious or less serious injuries shall have been
inflicted upon the child or any other person, a penalty of
one (1) year imprisonment shall be imposed upon the
motorcycle rider or operator of the motorcycle involved
without prejudice to the penalties provided under Act No.
3815, otherwise known as "The Revised Penal Code of the
Philippines", as amended.
 What is RA 10913?

•“Anti-Distracted
Driving Act”
• An Act Defining and
Penalizing Distracted Driving
 UNLAWFUL ACT
• Performance by a public or private motorist while
motor vehicle is in motion or temporary stopped
at a red light is unlawful when:
 1. Using a mobile communications device to write,
send or read a text-based communication or to make
or received calls and other similar acts.
2. Using an electronic entertainment or
computing device to play games, watch
movies, surf the internet, compose
messages, read e-books, perform
calculations and other similar acts.
 Lawful Act
• Operation of Mobile Communication Device while driving
if done:
• 1. Using the aid of a hands-free function or similar device such
as, but not limited to, SPEAKER PHONE, EARPHONES AND
MICROPHONES OR OTHER SIMILAR DEVICES.
• 2. That the placement of the mobile communications device or
the hands-free device does not interfere the line of sight of the
driver.
 Exemptions:
• 1. A motorist for emergency purposes, including, but not
limited to, an emergency call to a law enforcement agency,
health care provider, fire department, or other emergency
services, agency or entity.
• 2. A motorist while operating an emergency vehicle such as
ambulance, fire trucks, and other vehicles providing emergency
assistance in the course and scope of his or her duties.
COVERAGE OF THE ACT:
• This act covers both public and private vehicles.
• It also covers wheeled agricultural machineries,
construction equipment, and other forms of conveyances
such as bicycles, pedicabs, trolleys, "habal-habal", "kuligligs",
wagons, carriages and carts that may either be human-
powered or pulled by an animal as long as the same are
operated or driven in public thoroughfares, highways
or streets.
PENALTIES
 REPUBLIC ACT N0. 10916
Road Speed Limiter Act of 2016

• An Act Requiring the

Mandatory Installation of
Speed Limiter in Public
Utility and Certain Types
of Vehicles
 OBJECTIVES OF THE
LAW
• Pursue a more proactive and preventive approach to
secure the safety of passengers and public in general
on roads and highways.
• It shall implement measures to safeguard them from
any speed-related road accidents which are not only
causing fatalities but also damage to properties.
 Requirement of Motor Vehicle
Registration

• No Speed Limiter, No Registration.

• No covered vehicle shall be registered by the LTO or given a
franchise by the LTFRB without the standard speed limiter
installed and set in the vehicle.
• The LTO or the LTFRB shall supervise and inspect the setting
of speed limiter corresponding to the maximum allowed in the
route plied by a particular covered vehicle
 Fines / Penalties
• a. The driver who operates a motor vehicle or the owner or
operator who allows such driver to operate without the speed
limiter herein required shall suffer a fine in the amount of
FIFTY THOUSAND PESOS (P50,000.00).
• b. The same fine shall be imposed upon the driver, owner or
operator who operates or allows a person to operate a motor
vehicle with a nonfunctioning or tampered speed limiter.
 In addition to the Fines,
• First Offense - a suspension of the driver’s license for a period of
one (1) month or franchise of a motor vehicle for a period of three (3)
months, as the case may be, shall be imposed upon the offender.
• Second Offense - a suspension of the driver’s license for a period of
three (3) months or franchise of a motor vehicle shall be suspended for a
period of six (6) months
• Subsequent Offense – revocation of the driver’s license or the
franchise of a motor vehicle shall be suspended for a period of one year.
• Any person who is found guilty of tampering shall
suffer a penalty of imprisonment of not less than
six (6) months but not more than three (3) years
and a fine of thirty thousand pesos (P30,000.00).
 REPUBLIC ACT No. 8749
“The Philippine Clean Air Act of 1999″

• AN ACT PROVIDING FOR A

COMPREHENSIVE AIR POLLUTION
CONTROL POLICY AND FOR OTHER
PURPOSES
 Fines / Penalties
• 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 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
 REPUBLIC ACT No. 8794
•The Motor Vehicle Road User’s
Charge Law
•Anti- Overloading Act
 PENALTY FOR OVERLOADING

• The Land Transportation Office (LTO) or its deputized officer shall require the
owner of a truck or trailer which is loaded in excess of the maximum allowable
gross vehicle weight (GVW) to pay a penalty in the amount equivalent to
twenty-five percent (25%) of the MVUC applicable to the vehicle at the time of
infringement, provided that the penalty shall be waived for loadings exceeding
the GVW by a tolerance of less than five percent (5%), and that no vehicle
shall be permitted to proceed on the roadway if either a dual-wheel
axle load exceeds 13,500 kgs or the vehicle load exceeds one hundred
fifty percent (150%) of the maximum allowable GVW.
 WHAT IS PD 96?
•Declaring unlawful the use or
attachment of sirens, bells, horns,
whistles or similar gadgets that emit
exceptionally loud or startling sounds.
•END