Philippines - New traffic law to meet with UN's international requirements

ADMINISTRATIVE ORDER NO. AHS-2008-015

 

Subject : RULES AND REGULATIONS FOR THE USE AND OPERATION OF MOTORCYCLES ON HIGHWAYS*

Pursuant to Executive Order No. 292 otherwise known as the Administrative Code of 1987 and the United Nations Vienna Convention for Road Traffic of 1968 to which the Philippines is a signatory, and in accordance with Department Order No. 93-693, series of 1992, the following rules and regulations shall govern the use and operation of motorcycles on roads and highways.

The main points

Section V. Speed Limit.

The uniform speed limit for nationwide application as provided under Sec. 35, Article I, Chapter IV of R.A. No. 4136 is hereby incorporated as part of these Rules as follows:

Section 35. Restriction as to speed.

(a) Any person driving a motor vehicle on a highway shall drive the same at a careful and prudent speed, not greater not less than is reasonable and proper, having due regard for the traffic, the width of the highway, and or any other condition then and there existing, and no person shall drive any motor vehicle upon a highway at such a speed as to endanger the life, limb and properly of any person, not at a speed greater than will permit him to bring the vehicle to a stop within the assured clear distance ahead.

(b) subject to the provisions of the preceding paragraph, the rate of speed of any motor vehicle shall not exceed the following:

MAXIMUM ALLOWABLE SPEEDS

    Passenger cars and motorcycles Motor trucks and buses   1. On open country roads, with no “blind corner” closely not bordered by habitations 80 kms. per hour 50 kms. per  hour   2. On “through streets” or boulevards clear of traffic with no “blind corners” when so designated 40 kms. per hour 30 kms. per hour   3. On city and municipal streets, with light traffic, when not designated “through streets” 30 kms. per hour 30 kms. per hour   4. Through crowded streets, approaching intersections at “blind corners”, passing school zones, passing other vehicles which are stationary, or for similar dangerous circumstances 20 kms. per 20 kms. per  

Section VI. Passenger and Cargo Load.

Only one (1) back rider shall be allowed on a motorcycle or scooter who must be provided with a seat and footrest.

The motorcycle or scooter shall not carry cargo other than the saddle bags or luggage carriers specifically designed and approved by the DTI.

Section VII. Wearing of Standard Helmet.

It shall be the duty of the motorcycle or scooter driver/rider to ensure that he/she and the back rider wear standard helmets.

Section VIII. Motorcycle and Scooter Accessories.

Motorcycles or scooters shall be equipped with required accessories such as headlight, tail light, signal light, brake light, side mirror and horn.

The driver/rider shall, anytime of the day, switch on the headlight of the motorcycle or scooter while it is being operated on the highway. He shall dim the headlight or lower the beam whenever the motorcycle or scooter is being operated on well-lighted streets within the limits of cities, municipalities, and thickly populated barrios or districts, or whenever it meets another vehicle along a highway.

Any modification of the original standard design of a motorcycle or scooter shall first be subject to the approval of LTO and the DTI.

Section IX. Miscellaneous Traffic Rules.

a) No driver/rider shall operate a motorcycle or scooter while under the influence of liquor or narcotic drugs.

b) The driver/rider shall not use a cellular phone or other gadgets while operating a motorcycle or scooter.

c) A driver/rider shall observe the rule and on one lane per one vehicle only. Lane splitting is prohibited along a road or a highway. Motorcycles or scooters shall not be operated on sidewalks.

Section X. Accreditation of Motorcycle Riding School.

Any person may establish a motorcycle riding school according to law, provided accreditation is secured from the LTO.

The LTO may waive the practical driving test for a student permit holder applying for driver’s license with Restriction Code No. 1 who has completed a rider’s course from a LTO accredited motorcycle riding school, provided the certificate of completion and graded results of the riding test of said applicant are submitted to the LTO.

The new penalties Section XI. Penal and other Provisions.

The following fines/penalties shall be imposed against those who violated these Rules and Regulations.

a) For failure of driver/rider and/or back rider to wear prescribed helmet, a fine of One Thousand Five Hundred Pesos (P1,500.00) with accessory penalty of driver/rider attending a seminar or traffic safety management to be conducted by the LTO.

b) For carrying more passengers other than the back rider or cargo other than the saddle bags and luggage carriers, fine of One Thousand Pesos (P1,000.00).

c) For defective accessories such as headlight, tail light, signal light, brake light, side mirror and horn, a fine of One Thousand Pesos (P1,000.00).

d) For modifying any part of the original designs of a motorcycle or scooter without approval of the LTO and the DTI, a fine of Two Thousand Pesos (P2,000.00).

e) For wearing of flip flops, sandals or slippers or being bare footed while operating motorcycle or scooter on a road or highway, a fine of Five Hundred Pesos (P500.00) for the first offense, Seven Hundred Pesos (P700.00) for the second offense and a fine of One Thousand Pesos (P1,000.00) and revocation of drivers license for the third offense