June 2, 2014

DOTC-LTO-LTFRB JOINT ADMINISTRATIVE ORDER NO. 01-14

Pursuant to Executive Order No. 125, paragraph 5 (o), as amended by "), Title XV, Chapter 1, Section 3 (14), which states the power of the Department of Transportation and Communications to establish and prescribe the corresponding rules and regulations for the enforcement of laws governing land transportation services, including the penalties for violations thereof, the following revised schedule of fines and penalties for violations of laws governing land transportation services and the procedures for apprehension and adjudication thereof are hereby promulgated and approved for implementation.

I. Violations in Connection with Licensing

a. Driving without a Valid Driver's License/Conductor's Permit Php3,000.00

This includes driving with an expired, revoked, suspended, inappropriate driver's license restriction code, 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 allowable period and a student driver driving without being accompanied by a duly licensed driver. In addition, the unlicensed or improperly 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. EHcaDT

b. Driving a Motor Vehicle Used in the Commission of a Crime upon Conviction by a Regular Court of Competent Jurisdiction Php10,000.00

In addition, the driver's license 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.

c. Commission of a Crime in the Course of Apprehension upon Conviction by a Regular Court of Competent Jurisdiction Php10,000.00

In addition, the driver's 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 of competent jurisdiction after payment of appropriate fines and penalties.

d. 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 12,

In addition to 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. TcIAHS

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 the person from being granted any kind of driver's license thereafter.

e. 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 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 Php2,000.00

Second offense Php3,000.00

Subsequent offense Php10,000.00

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 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 date of revocation.

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

f. Submission of Fake Documents in Relation to the Application for a Driver's License (New/Renewal) Php3,000.00

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.

g.1. Failure to Wear the Prescribed Seat Belt Device

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

First offense Php1,000.00

Second offense Php2,000.00

Third offense Php5,000.00

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.

g.2. Failure to Require His/Her Passengers to Wear the Prescribed Seat Belt Device (Section 12,

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

For Public Utility Vehicles, both the driver and the operator are liable to pay a fine of Php3,000.00 for every violation.

h. Failure to Wear the Standard Protective Motorcycle Helmet or Failure to Require the Back Rider to Wear the Standard Protective Motorcycle Helmet, under

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

First offense Php1,500.00

Second offense Php3,000.00

Third offense Php5,000.00

Fourth and succeeding offenses Php10,000.00

i. Failure to Carry Driver's License, Certificate of Registration or Official Receipt While Driving a Motor Vehicle Php1,000.00

j. All Other Violations of Traffic Rules and Regulations Php1,000.00

This includes the following traffic violations:

1. Parking:

a. In an intersection

b. Within 5 meters of the intersection

c. 4 meters from the driveway entrance

d. Within 4 meters from a fire hydrant

e. In front of a private driveway

f. On the roadway side of any unmoving or parked MV at the curb or edge of the highway

g. At any place where signs of prohibitions have been installed TEcCHD

2. Disregarding Traffic Signs.

3. Allowing passengers on 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 in 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 permitting a person or a bicycle, motorcycle, tricycle or skate roller to hitch to a motor vehicle.

9. Driving against 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 direction except when there are two or more lanes for the movement of traffic in one direction. DcAaSI

12. Overtaking at unsafe distance failure to pass at a safe distance to the left of another motor vehicle when overtaking that vehicle.

13. Cutting an overtaken 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 way to 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 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 oncoming traffic for a 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 distance 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. aEHADT

20. Overtaking at an intersection overtaking or passing another vehicle in the same direction at any intersection of highways except on 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. SICDAa

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. IcTEAD

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 laned 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.

37. Refusal to render service to the public or convey passenger to destination.

38. Overcharging/Undercharging of fare.

39. No franchise/Certificate of Public Convenience or evidence of franchise presented during apprehension or carried inside the motor vehicle.

40. Fraud and falsities such as presentation of fake and spurious CPC, OR/CR, plates, stickers and tags.

41. Operating the unit/s with defective parts and accessories. HSIaAT

42. Failure to provide fare discount to those entitled under existing laws and pertinent Memorandum Circulars of the LTFRB.

43. Fast, tampered, defective taximeter or operating without or with an old seal taximeter.

44. Tampered, broken, joined, reconnected, fake or altered sealing wire.

45. No sign board.

46. Pick and Drop of Passengers outside the terminal.

47. Carrying of illegal and/or prohibited cargoes.

48. Failure to provide fire extinguisher and required "STOP and GO" signage for use of each vehicle.

49. Trip cutting.

50. Failure to display fare matrix.

51. Breach of franchise conditions under 2011 Revised Terms and Conditions of CPC not otherwise herein provided.

II. Violations in Connection with Motor Vehicle Registration/Renewal/Operation

a. Driving an Unregistered Motor Vehicle Php10,000.00

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

In addition, in case of non-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.

b. Unauthorized Motor Vehicle Modification Php5,000.00

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

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 Php50,000.00

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.

d. Motor Vehicle Operating without or with Defective/Improper/Unauthorized Accessories, Devices, Equipment and Parts Php5,000.00

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. aDSHIC

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.

e. Failure to Attach or Improper Attachment/Tampering of Authorized Motor Vehicle License Plates and/or Third Plate Sticker Php5,000.00

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.

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,

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: HDITCS

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 Php3,000.00

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 Php2,000.00

III. Violations in Connection with Dimensions, Specifications, Weight and Load Limits

a. Load Extending Beyond Projected Width without Permit Php1,000.00

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.

b. 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. ISADET

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.

c. Operating a Passenger Bus/Truck with Cargo Exceeding 160 Kilograms Php1,000.00

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

IV. Violations in Connection with Franchise

Except in cases of colorum violation, as provided above, the LTFRB, in the application of these fines and penalties, shall count offenses against operators and not against a particular motor vehicle or CPC. Hence, the second offense committed by a different vehicle of the same operator shall be counted as second (2nd) offense and another offense by a third vehicle of the same operator shall be counted as a third (3rd) offense, provided all apprehended vehicles belong to the same CPC.

Fines and penalties provided for under existing Memorandum Circulars of the LTFRB which are not provided for in this Joint Administrative Order shall continue to be applied by the Board and Regional Franchising and Regulatory Offices.

V. General Provisions

Unless otherwise indicated, all references to motor vehicles shall include motorcycles and tricycles.

In all cases where the penalty includes the confiscation, suspension or revocation of a driver's license or student permit as well as the suspension or revocation of the registration of a motor vehicle or impounding the motor vehicle, and the same cannot be immediately implemented, the driver's license, student permit or motor vehicle as the case may be shall be put on alarm until the proper penalty may be implemented. caEIDA

A Temporary Operator's Permit (TOP) shall authorize a driver to operate a motor vehicle for a period of seventy-two (72) hours only. Further, all apprehensions are deemed admitted unless contested by filing a written contest within five (5) days from date of apprehension. However, failure of the driver to pay the corresponding penalty within fifteen (15) days from the date of apprehension shall cause the automatic suspension of his driver's license for a period of thirty (30) days from the date of apprehension, in addition to the fines and penalties prescribed hereunder. The LTO shall resolve a contested case within five (5) days from receipt of said written contest.

The imposition of the foregoing fines and penalties shall be without prejudice to any criminal action that may be instituted under existing laws, rules and regulations.

Within twenty four (24) hours from the payment of the fine of an admitted case or from resolving a contested case, the LTO through its Traffic Adjudication Service (TAS) or Regional Office, shall transmit to the LTFRB the resolution/result of all apprehensions relative to violations in connection with franchise under Rule IV herein.

Upon receipt of the resolution/result of all apprehensions from LTO's TAS or Regional Office as provided in the preceding paragraph, the Board or its Regional Franchising and Regulatory Office (RFRO), as the case may be, shall hear and decide all franchise violations in accordance with the following procedure:

1. Within 36-hours from the receipt of the resolution/result of all apprehensions from LTO's TAS or Regional Office, a Show Cause Order shall be issued against the operator informing him/her of the franchise violation and requiring him to file a verified explanation why the corresponding fine or penalty shall not be imposed. EAIaHD

2. The operator shall file his/her/its verified explanation within a non-extendible period of five (5) days from his/her/its receipt of the Show Cause Order. Failure on the part of the operator to file the said verified explanation shall be considered a waiver of his/her/its right to be heard.

3. After the lapse of the said five (5) day period, the Board or RFRO shall consider the case submitted for decision, with or without the verified explanation by the operator provided there is actual proof that the operator duly received the Show Cause Order.

4. Upon receipt of the Decision of the Board or RFRO, the operator shall have a period of five (5) days within which to file his/her/its Motion for Reconsideration. Only one (1) Motion for Reconsideration shall be allowed.

5. The operator may appeal the Decision of the Board or the latter's Order resolving his/her/its Motion for Reconsideration to the Office of Secretary of Department of Transportation and Communications (DOTC) within a non-extendible period of ten (10) days from receipt of the Decision or Order.

5.1. The appeal of the operator shall not stay the execution of the Decision or Order of the Board unless the Secretary of the DOTC shall order otherwise.

6. In cases heard and decided by LTFRB's RFRO, the operator may appeal the Decision of the RFRO or the latter's Order resolving his/her/its Motion for Reconsideration to the Board within a non-extendible period of ten (10) days from receipt of the said Decision or Order. TAECaD

6.1. The appeal of the operator shall not stay the execution of the decision or Order of the RFRO unless the Board shall order otherwise.

In the absence of any applicable provision in these rules, the pertinent provisions of the 2011 Revised Rules of Practice and Procedure of the LTFRB, which are not inconsistent with these rules, shall be applied in a suppletory character and effect.

VI. Separability Clause

In the event that any provision shall be held or declared void, invalid or unenforceable by a court of competent jurisdiction or by legislation or regulation, the remainder of this Department Order shall be fully effective, operative, valid, enforceable and binding.

VII. Repealing Clause

All Department Orders, Memoranda, Circulars and other Issuances in conflict herewith are hereby deemed revoked, amended or revised accordingly.

VIII. Effectivity

This Order shall take effect fifteen (15) days following its publication in two (2) newspapers of general circulations and filing of three (3) copies hereof with the Office of the National Administrative Register (ONAR) U.P. Law Center, Diliman, Quezon City, pursuant to

SO ORDERED.

(SGD.) ATTY. ALFONSO V. TAN, JR.
Assistant Secretary
Land Transportation Office

(SGD.) ATTY. WINSTON M. GINEZ, C.P.A.
Chairman
Land Transportation Office
Franchising and Regulatory Board

APPROVED:

(SGD.) JOSEPH EMILIO AGUINALDO ABAYA
Secretary
Department of Transportation and Communication

Note from the Publisher: Written as "" in the original document.