Chapter

CABELTO3 lesson 2
PLT Benedicto F Cabelto (Ret.)
 RA 4136
Definition of Terms

(a) “Motor Vehicle” shall mean any vehicle

propelled by any power other than muscular power
using the public highways, but excepting road rollers,
trolley cars, street-sweepers, sprinklers, lawn mowers,
bulldozers, graders, fork-lifts, amphibian trucks, and
cranes if not used on public highways, vehicles which
run only on rails or tracks, and tractors, trailers and
traction engines of all kinds used exclusively for
agricultural purposes.
 (b) “Passenger automobiles” shall mean all pneumatic-
tire vehicles of types similar to those usually known under the
following terms: touring car, command car, speedster, sports
car, roadster, jeep, cycle car (except motor wheel and similar
small outfits which are classified with motorcycles), coupe,
landaulet, closed car, limousine, cabriolet, and sedan.
(c) “Articulated vehicle” shall mean any motor vehicle
with a trailer having no front axle and so attached that part of
the trailer rests upon motor vehicle and a substantial part of the
weight of the trailer and of its load is borne by the motor
vehicle. Such a trailer shall be called as “semi-trailer.”
 (d) “Driver” shall mean every and any
licensed operator of a motor vehicle.

(e) “Professional driver” shall mean every

and any driver hired or paid for driving or
operating a motor vehicle, whether for private
use or for hire to the [Link] person driving
his own motor vehicle for hire is a professional
driver.
 (f) “Owner” shall mean the actual
legal owner of a motor vehicle, in whose name
such vehicle is duly registered with the Land
Transportation Commission.

The “owner” of a government-owned

motor vehicle is the head of the office or the
chief of the Bureau to which the said motor
vehicle belongs.
 (g) “Dealer” shall mean every person,
association, partnership, or corporation making,
manufacturing, constructing, assembling,
remodeling, rebuilding, or setting up motor
vehicles; and every such entity acting as agent for
the sale of one or more makes, styles, or kinds of
motor vehicles, dealing in motor vehicles, keeping
the same in stock or selling same or handling with a
view to trading same.
 (h) “Garage” shall mean any building
in which two or more motor vehicles, either
with or without drivers, are kept ready for hire
to the public, but shall not include street stands,
public service stations, or other public places
designated by proper authority as parking
spaces for motor vehicles for hire while
awaiting or soliciting business.
 (i) “Gross weight” shall mean the measured
weight of a motor vehicle plus the maximum allowable
carrying capacity in merchandise, freight and/or
passenger, as determined by the Commissioner of Land
Transportation.
(j) “Highways” shall mean every public
thoroughfare, public boulevard, driveway, avenue,
park, alley and callejon, but shall not include roadway
upon grounds owned by private persons, colleges,
universities, or other similar institutions.
 (k) “The Commissioner of Land
Transportation or his deputies” shall mean the actual or
acting chief of the Land Transportation Commission or
such representatives, deputies, or assistants as he may,
with the approval of the Secretary of Public Works and
Communications, appoint or designate in writing for
the purpose contemplated by this Act.

(l) “Tourist” shall mean a foreigner who

travels from place to place for pleasure or culture.
 (m) “Parking or parked”, for the purposes
of this Act, shall mean that a motor vehicle is “parked”
or “parking” if it has been brought to a stop on the
shoulder or proper edge of a highway, and remains
inactive in that place or close thereto for an
appreciable period of time. A motor vehicle which
properly stops merely to discharge a passenger or to
take in a waiting passenger, or to load or unload a
small quantity of freight with reasonable dispatch shall
not be considered as “parked”, if the motor vehicle
again moves away without delay.
 Passengers and Freight
(a) Exceeding Registered Capacity,
Issuance of Conductor’s License, Validity and
Fee. – No person operating any motor vehicle
shall allow more passengers or more freight or
cargo in his vehicle than its registered carrying
capacity.
 (b) Carrying of Passengers and Freight on
Top of Vehicles. – No person operating a motor vehicle
shall allow any passenger to ride on the cover or top of
such vehicles.

(c) Riding on Running Boards. – No driver

shall allow any person to ride on the running board,
step board, or mudguard of his motor vehicle for any
purpose while the vehicle in motion.
Passenger or Freight Capacity Marked on
Vehicle. –

All passengers automobiles for hire

shall have the registered passenger capacity
plainly and conspicuously marked on both sides
thereof, in letters and numerals not less than
five centimeters in height.
Accessories of Motor Vehicles

(a) Tires of Motor Vehicles. – No

motor vehicle with metallic tires shall be
operated upon any public highway, and solid
tires whenever used shall be of sufficient
thickness to prevent the metal rims thereof
from coming in direct contact with the road.
 (b) Brakes. – Every motor vehicle
with four or more wheels shall be provided with
dual hydraulic brake system so that in case of
hydraulic line failure affecting the braking
efficiency of any of the four wheels at least
either the front or rear wheels shall retain
normal braking capabilities.
 (b-1) Horns. – Every motor vehicle
shall be provided with a horn or signalling
devise in good working order: Provided,
however, That no horn or signalling device
emitting an exceptionally loud, startling, or
disagreeable sound shall be installed or used on
any motor vehicle.
.
 (c) Headlights. – Every motor vehicle
of more than one meter of projected width,
while in use on any public highway shall bear
two headlights, one on each side, with white or
yellowish light visible from the front, which, not
later than one-half hour after sunset and until at
least one-half four before sunrise and whenever
weather conditions so require, shall both be
lighted.
 (d) Taillights. – Every motor vehicle and trailer
shall, during the above-mentioned hours, also bear on each
side in the rear a lamp showing a red light visible at least
one hundred meters from the rear of the vehicle and a
lamp throwing a white light upon the number plate issued
for such vehicle.
(e) Motorcycle and other vehicle lights. Every
motor vehicle of less than one meter of projected width
shall be subject to the preceding provisions of this section,
except that one headlight and one taillight shall be
required. No signal light shall be necessary.
 (f) Stop lights. – Every motor vehicle
shall be equipped at the rear with at least one lamp
which shall throw a sustained bright red light
visible under all conditions, even under bright
sunlight, when the brakes are applied. Each bus,
truck, trailer or similar vehicle shall be equipped, as
its stop light at or near its rear center, with a lamp
at least twelve centimeters in diameter with the
word “stop” inscribed in the center.
 (g) Lights when parked or disabled. –
Appropriate parking lights or flares visible one
hundred meters away shall be displayed at a corner of
the vehicle whenever such vehicle is parked on
highways or in places that are not well-lighted or is
placed in such manner as to endanger passing traffic.
(h) Windshield wiper. – Every motor
vehicle shall be equipped with a mechanically or
electrically operated device for wiping off raindrops or
other moisture from its front windshield.
 (i) Use of red flag. – Whenever the load
of any vehicle extends more than one meter
beyond the bed or body thereof, there shall be
displayed at every projecting end of such load a red
flag not less than thirty centimeters both in length
and width, except that during the hours fixed
under subsection (c), there shall be displayed, in
lieu of the required red flags, red lights visible at
least fifty meters away.
 (j) Mufflers. – Every motor vehicle
propelled by an internal combustion engine shall
be equipped with a muffler, and whenever said
motor vehicle passes through a street of any city,
municipality, or thickly populated district or barrio,
the muffler shall not be cut out or disconnected. No
motor vehicle shall be operated in such a manner as
to cause it to emit or make any unnecessary or
disagreeable odor, smoke or noise.
 TRAFFIC RULES
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 nor less than is reasonable and
proper, having due regard for the traffic, the width of the
highway, and of 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
property of any person, nor at a speed greater than will
permit him to bring the vehicle to a stop within the assured
clear distance ahead.
(b) The rates of speed shall not apply to the following:

(1) A physician or his driver when the

former responds to emergency calls;
(2) The driver of a hospital ambulance on
the way to and from the place of accident or other
emergency;
(3) Any driver bringing a wounded or sick
person for emergency treatment to a hospital, clinic, or
any other similar place;
 (4) The driver of a motor vehicle belonging to
the Armed Forces while in use for official purposes in times
of riot, insurrection or invasion;
(5) The driver of a vehicle, when he or his
passengers are in pursuit of a criminal;
(6) A law-enforcement officer who is trying to
overtake a violator of traffic laws; and
(7) The driver officially operating a motor
vehicle of any fire department, provided that exemption
shall not be construed to allow unless or unnecessary fast
driving of drivers afore-mentioned.
Driving on Right Side of Highway. –
Unless a different course of action is required in
the interest of the safety and the security of life, person or
property, or because of unreasonable difficulty of operation in
compliance herewith, every person operating a motor vehicle or
an animal-drawn vehicle on a highway shall pass to the right
when meeting persons or vehicles coming toward him, and to
the left when overtaking persons or vehicles going the same
direction, and when turning to the left in going from one
highway to another, every vehicle shall be conducted to the
right of the center of the intersection of the highway.
Exception to the Right of Way Rule. –
(a) The driver of a vehicle entering a
highway from a private road or drive shall yield the
right of way to all vehicles approaching on such
highway.
(b) The driver of a vehicle upon a highway
shall 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 of their approach.
 (c) The driver of a vehicle
entering a “through highway” or a “stop
intersection” shall yield the right of way to
all vehicles approaching in either direction
on such “through highway”.
Signals on Starting, Stopping or Turning. –
(a) The driver of any vehicle upon a highway,
before starting, stopping or turning from a direct line, shall
first see that such movement can be made in safety, and if
any pedestrian may be affected by such movement, shall
give a clearly audible signal by sounding the horn, and
whenever the operation of any other vehicle approaching
or following may be affected by such movement, shall give
a signal plainly visible to the driver of such other vehicles of
the intention to make such movement.
``(b) The signal herein required shall be
given by means of extending the hand and
arm beyond the left side of the vehicle, or
by an approved mechanical or electrical
signal device.
 Turning and Parking

Turning at Intersections. –

(a) The driver of a vehicle intending to run

to the right at an intersection shall approach such
intersection in the lane for traffic nearest to the right-
hand side of the highway and, in turning, shall keep as
close as possible to the right-hand curb or edge of the
highway.
 (b) The driver of a vehicle intending to
turn to the left shall approach such intersection in
the lane for traffic to the right of and nearest to the
center line of the highway, and, in turning, shall
pass to the left of the center of the intersection,
except that, upon highways laned for traffic and
upon one-way highways, a left turn shall be made
from the left lane of traffic in the direction in which
the vehicle is proceeding.
 (c) The center of the intersection
shall mean the meeting point of the medial lines
of the highways intersecting one another,
except when it is occupied by a monument,
grass plot or any permanent structure, other
than a traffic control device.
Reckless Driving. –
No person shall operate a motor vehicle
on any highway recklessly or without reasonable
caution considering the width, traffic, grades,
crossing, curvatures, visibility and other conditions of
the highway and the conditions of the atmosphere
and weather, or so as to endanger the property or
the safety or rights of any person or so as to cause
excessive or unreasonable damage to the highway.
Right of Way for Police and Other Emergency Vehicles.
–
Upon the approach of any police or fire
department vehicle, or of an ambulance giving audible
signal, the driver of every other vehicle shall
immediately drive the same to a position as near as
possible and parallel to the right-hand edge or curb of
the highway, clear of any intersection of highways, and
shall stop and remain in such position, unless
otherwise directed by a peace officer, until such vehicle
shall have passed.
Tampering with Vehicles. –
No unauthorized person shall sound the
horn, handle the levers or set in motion or in any
way tamper with a damage or deface any motor
vehicle.

Driving or Parking on Sidewalk. –

No person shall drive or park a motor
vehicle upon or along any sidewalk, path or alley not
intended for vehicular traffic or parking.
Hitching to a Vehicle. –
No person shall hang on to, or ride on, the
outside or the rear end of any vehicle, and no person
on a bicycle, roller skate or other similar device, shall
hold fast to or hitch on to any moving vehicle, and no
driver shall knowingly permit any person to hang on to
or ride, the outside or rear end of his vehicle or allow
any person on a bicycle, roller skate or other similar
device to hold fast or hitch to his vehicle.
Penalty for Violation. –
The following penalties shall be imposed for violations of
this Act:
(a) For registering later than seven days after
acquiring title to an unregistered motor vehicle or after
conversion of a registered motor vehicle requiring larger
registration fee than for which it was originally registered,
or for a renewal of a delinquent registration, the penalty
shall be a fine of fifty per cent of the registration fees
corresponding to the portion of the year for which the
vehicle is registered for use.
 (b) For failure to sign driver’s license
or to carry same while driving, one hundred
pesos fine.

(c) Driving a vehicle with a delinquent

or invalid driver’s license, two hundred pesos
fine or imprisonment not exceeding ten days, at
the discretion of the court.
 (d) Driving a motor vehicle with
delinquent, suspended or invalid registration, or
without registration or without the proper license
plate for the current year, three hundred pesos fine or
imprisonment not exceeding fifteen days, at the
discretion of the court.

(e) Driving a motor vehicle without first

securing a driver’s license, five hundred pesos fine and
imprisonment of not exceeding fifteen days.
 (f) Driving a motor vehicle while
under the influence of liquor or narcotic drug, a
fine of not less than one thousand pesos or
imprisonment of not less than three nor more
than six months, or both, at the discretion of
the court.