TOPIC 4 Flashcards
Driving a MV’s in the Philippines is ________ granted by the Philippine Government
is not a right but it is PRIVELEGE
- No person shall operate any MV without first procuring a license to drive.
DUTY TO PROCURE LICENSE (SEC 19 of RA 4136)
- the authority in the form prescribed by LTO granted to a person to operate MV that is either nonprofessional or professional driver’s license.
DRIVER’S LICENSE
- every and any licensed operator of a motor vehicle.
DRIVER
mandates that a driver’s license may be confiscated for violation of RA 4136, the rules and regulations issued by the Commissioner and of local traffic rules and regulations.
CONFISCATION OF DRIVERS LICENSE (SEC 29 of RA 4136)
When a driver’s license is confiscated for any reason, the traffic enforcer must, however issue a receipt which is called?
TEMPORARY OPERATOR’S PERMIT
- Pursuant to Memorandum Circular No. 515- 2004 dated 25 MAY 2004 , it shall be used in apprehension of all violations and it is strictly required to be issued to apprehend driver/operator at the site and time of apprehension.
TOP (TEMPORARY OPERATOR’S PERMIT)
- issued if the MV is impounded
IRMV (IMPOUNDING RECEIPT OF MOTOR VEHICLE )
TOP (TEMPORARY OPERATOR’S PERMIT) pursuant to ______ - 2004 dated 25 MAY 2004 , it shall be used in apprehension of all violations and it is strictly required to be issued to apprehend driver/operator at the site and time of apprehension.
Memorandum Circular No. 515
-It is accomplished by apprehending officer and validated by the Motor Vehicle Custodian (MVC) assigned at impounding area.
IRMV (IMPOUNDING RECEIPT OF MOTOR VEHICLE )
HOW MANY DAYS THE VALIDITY OF TOP?
-72 hours or 3 days is the validity of the TOP unless specified for a shorter period of time.
IRMV (IMPOUNDING RECEIPT OF MOTOR VEHICLE ) is accomplished by apprehending officer and validated by the _______ assigned at impounding area.
Motor Vehicle Custodian (MVC)
CAN TOP BE TEMPORARILY USED AS A DRIVER’S LISCENCE OF APPREHENDED OPERATOR/ DRIVER?
-YES, TOP serves as driver’s temporary license
CAN TOP BE EXTENDED AFTER 3 DAYS?
NO, there is no extension of TOP after 72 hours or 3 days
WHEN CAN BE APPREHENDED OPERATOR / DRIVER SETTLE HIS CASE?
-within 15 days from the date of apprehension provided the apprehension is reported and encoded in the LTO-IT system.
WHAT WILL HAPPEN IF HE FAILS TO SETTLE HIS CASE WITHIN 15 DAYS FROM THE DATE OF APPREHENSION?
it will cause suspension/ revocation of his driver’s license (suspend up to 6 months to 1 year)
WHERE WILL BE THE APPREHENDED OPERATOR SETTLE HIS CASE? CAN HE SETTLE IT IN ANY LTO REGIONAL /DISTRICT OFFICES?
- The place of settlement of apprehension is indicated in the TOP. Not all apprehended operator/driver is allowed to settle his case in any LTO Regional/District Office. IF he was apprehended within Metro Manila, he will appear at the LTO Traffic Adjudication Service (TAS), Central Office, East Avenue, Quezon City to settle his case. But, if he was apprehended in other LTO Regional/District Offices, he will appear at the concerned LTO Operations Division as specified in his TOP.
HOW DOES THE APPREHENDED OPERATOR DETERMINE THE AMOUNT OF FINES / PENALTIES AS WELL AS THE ACCESORY PENALTIES OF THE VIOLATION INDICATED IN THE TOP?
determined by the Traffic Adjudication Service based on the violations specified in the TOP and through the LTO-IT system.
CAN THE APPREHENDED OPERATOR/DRIVER PROTEST THE VIOLATIONS CHARGE IN HIS TOP TO DENY THE VIOLATIONS AND/OR TO LESSEN THE PAYMENT OF THE FINES/PENALTIES?
-YES, an apprehended offender/drive may protest the violation in his TOP.
- It is a case wherein the apprehended operator admits his violation cited on his TOP.
ADMITTED CASE
- is a case wherein the apprehended violator/operator signifies his intention to oppose the violations indicated in the TOP.
CONTESTED CASE
CAN THE CONFISCATED THINGS BE IMMEDIATELY GIVEN AFTER PAYING FOR THE FINES/ PENALTIES?
-Yes, the confiscated items may be immediately released after the payment of the corresponding fines/penalties provided that there is no accessory penalty’s and or suspension
CAN BE THE IMPUNDED VEHICLE IMMEDIATELY RELEASED AFTER PAYING FOR THE PENALITES?
-Yes it may be immediately released after the payment provided that there is no accessory penalty and/or suspension stipulated in the Resolution and/or Judgment
- issued to a person who desired to learn how to drive
STUDENT DRIVER’S PERMIT
- confiscated of both driver’s license and (2) motor vehicle license plates at the time of the apprehension instead of impounding the motor vehicle.
TECHNICAL IMPOUNDING
- he cannot operate a vehicle unless accompanied by duly licensed driver with appropriate restriction codes for the type of motor vehicle to be operated by student driver.
STUDENT DRIVER’S PERMIT
–It is not a license, permit habang nag aaral lang sya, valid for 1 year.
STUDENT DRIVER’S PERMIT
– in this permit the applicant must be not under 16 years old.
STUDENT DRIVER’S PERMIT
CLASSIFICATION OF DRIVER’S LICENSE
a. NON-PROFESSIONAL DRIVER’S LICENSE
b. PROFESSIONAL DRIVER’S LICENSE
c. MILITARY DRIVER’S LICENSE (MDL)
- drivers license that is issued to owners of privately owned mv or those not for hire or paid for driving
NON-PROFESSIONAL DRIVER’S LICENSE
- in this drivers license the applicant must be at least 17 years old
NON-PROFESSIONAL DRIVER’S LICENSE
this drivers license shall possessed a valid student – driver’s permit for at least 1 month
NON-PROFESSIONAL DRIVER’S LICENSE
- this drivers license is issued to a driver hired or paid for driving or operating MV whether private use or for hire to the public
PROFESSIONAL DRIVER’S LICENSE
The holder of this license shall be restricted to operate MV up to 4500 kgs. Gross vehicle weight.
NON-PROFESSIONAL DRIVER’S LICENSE
- in this drivers license the applicant must at least 18 years old.
PROFESSIONAL DRIVER’S LICENSE
- in this drivers license the applicant must possessed a student driver’s permit for at least 5 months or possessed non-professional license for not less than 4 months.
PROFESSIONAL DRIVER’S LICENSE
- enlisted personnel of AFP operating MV’s owned by government shall be licensed in accordance with RA 4136 but no license or delinquency fees shall be collected thereof.
MILITARY DRIVER’S LICENSE (MDL)
- All licenses so issued shall bear the words “FOR GOVERNMENT VEHICLES ONLY” plainly marked or stamped in the red inks across the face thereof.
MILITARY DRIVER’S LICENSE (MDL)
does not authorize the holder to operate a privately-owned MV (SEC 20 ,RA 4136)
MILITARY DRIVER’S LICENSE (MDL)
Foreign license applicants can only be issued a ____
NON-PROFESSIONAL DRIVER’S LICENSE
bona fide tourists and transients who are duly licensed to operate MV’s in their respective countries may be allowed to operate MV’s during their stay but not beyond ____ of their sojourn in the Philippines. (Sec. 21, RA 4136)
90 days
Except for student permits, all drivers’ licenses shall be valid for _____ reckoned from the birthdate of the licensee, unless sooner revoked or suspended: Provided, however, That subject to Section 26 hereof, any holder of a professional or nonprofessional driver’s license who has not committed any violation of Republic Act No. 4136 and other traffic laws, rules and regulations during the five (5)-year period shall be entitled to a renewal of such license for ten (10) years, subject to the restrictions as may be imposed by the LTO (RA 10930)
five (5) years
Except for student permits, all drivers’ licenses shall be valid for five (5) years reckoned from the birthdate of the licensee, unless sooner revoked or suspended: Provided, however, That subject to Section 26 hereof, any holder of a professional or nonprofessional driver’s license who has not committed any violation of Republic Act No. 4136 and other traffic laws, rules and regulations during the five (5)-year period shall be entitled to a renewal of such license for _____, subject to the restrictions as may be imposed by the LTO (RA 10930)
ten (10) years
DRIVER’S RESTRICTION CODE
1- MOTORCYCLE / MOTORIZED TRICYCLE
2- VEHICLE UP TO 4500 kgs GVW
3- VEHICLE ABOVE 4500 kgs GVW
4- AUTOMATIC CLUTCH UP TO 4500 kgs GVW
5- AUTOMATIC CLUTCH ABOVE 4500 kgs GVW
6- ARTICULATED VEHICLE 1600 KGS GVW AND BELOW
7- ARTICULATED VEHICLE 1601 UP TO 4500 KGS GVW
8- ARTICULATED VEHICLE 4501 KGS AND ABOVE GVW
9- DISABLED
DRIVER’S CONDITION
A- Wear eye glasses
B- Drive only with special equipment for upper limbs
C- Drive only with special equipment for lower limbs
D- Daylight driving only
E- Accompanied by person with normal hearing.
“ANTI CARNAPPING ACT OF 1972”
REPUBLIC ACT 6539
