Land Transportation and Traffic Code

Section 19

Except as otherwise specifically provided in this Act, it shall be unlawful for any person to operate any motor vehicle without having in his possession a valid license to drive a motor vehicle. 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. (As amended by BP Blg 398)

Section 20

(As repealed by BP Blg 398)

Section 21

Bona fide tourist and similar transients who are duly licensed to operate motor vehicles in their respective countries may be allowed to operate motor vehicles during but not after ninety days of their sojourn in the Philippines. If any accident involving such tourist or transient occurs, which upon investigation by the Commissioner or his deputies indicates that the said tourist or transient is incompetent to operate motor vehicles, the Commissioner shall immediately inform the said tourist or transient in writing that he shall no longer be permitted to operate a motor vehicle. After ninety days, any tourist or transient desiring to operate motor vehicles shall pay fees and obtain and carry a license as hereinafter provided.

Section 22

Every person who desires to personally operate any motor vehicle shall file an application to the Director or his deputies for a license to drive motor vehicles: Provided, however, That no person shall be issued a professional driver’s license who is suffering from contagious diseases, such as tuberculosis, sexually transmitted diseases and epilepsy or who is an alcohol or drug addict or dependent. Each such application, except in the case of enlisted men operating government-owned vehicles, shall be accomplished by a fee of five pesos, and shall contain such information respecting the applicant and his ability to operate motor vehicles, as may be required by the Bureau. The Director or his deputies shall also ascertain that the applicant’s health, sight and hearing are sound and normal, and is physically and mentally fit to operate motor vehicles. To this end, the Director or his deputies shall require a certificate to that effect, signed by a reputable accredited physician. An examination, theoretical and practical, to determine every applicant’s ability and fitness to operate motor vehicles to be conducted by the Director in such form and manner as he shall prescribe shall also be required. A manual containing the general scope of the examinations and such information as may be necessary for the guidance of the applicants and for the purpose of effectivity and implementation of this Act may be published in an official language and distributed at no cost to the applicants. No application for a driver’s license shall be received, unless the applicant: For a professional driver’s license, is at least eighteen years of age, possesses a valid student-driver’s permit and has undergone instruction in the operation of motor vehicles for at least five months under a qualified instructor: Provided, however, That the period of time the applicant has operated a motor vehicle with a non-professional driver’s license shall be credited against the period of instruction required herein; and For a non-professional driver’s license, is at least seventeen years of age, possesses a valid student-driver’s permit and has undergone instruction in the operation of motor vehicles for at least a month. (As amended by BP Blg 398)

Section 23

If, after such examination, the Land Transportation Office (LTO) Head or his/her deputies find that the applicant possesses the necessary qualification and proficiency in the operation of motor vehicles, is able to read and write any of the official languages or a major dialect and knows how to read and interpret various traffic signs, signals and road markings, a professional or nonprofessional license may be issued to such applicant upon payment of the fee prescribed in accordance with law, and which shall not cost more than the governments's procurement expense, but prior to the issuance of said license, the applicant shall present himself/ herself in person and have his/her photograph taken by the LTO. All driver's licences issued shall be signed in the presence of the LTO Head or his/her deputies and shall bear, among others, the full name, date of birth, height, weight, sex, color of eyes, blood type, complete current address, biometrics, license number, and its date of issue and expiration. In this issuance of licenses, the LTO shall now use such process or adopt such measures as will prevent any alteration or falsification of a license or will enable the LTO to detect any unauthorized license. The LTO shall create an online process for the renewal of professional and nonprofessional licenses within one (1) year from the effectivity of this Act. 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 ten (10) years, subject to the restrictions as may be imposed by the LTO. The local government units (LGUs), the Metropolitan Manila Development Authority (MMDA) or other agencies lawfully issuing traffic violation receipts shall report within a reasonable time, to be determined in the implementing rules and regulations (IRR), the details of the traffic violation to the LTO, which shall serve as the repository of all traffic violation records. (As amended by BP Blg 398, RA No 10930)

Sec 23-A

The LTO shall promulgate prerequisites and guidelines before the grant of driver's licenses to ensure that these are issued only to deserving applicants with sufficient driving skills and knowledge on road safety and proper road courtesy. Toward this end, the conduct of theoretical and practical examinations, among others, must sufficiently measure the competency of drivers and must be designed to the type of license applied for and its corresponding restrictions: Provided, That for professional drivers, the tests must be appropriate to the vehicle and type of service the applicant intends to operate. (As added by RA No 10930)

Section 24

Every license issued under the provisions of this Act to any driver shall entitle the holder thereof, while the same is valid and effective, to operate motor vehicles described in such license: Provided, however, That every licensed professional driver, before operating a public utility vehicle registered under classification (b) of Section seven hereof, as amended by Batas Pambansa Bilang 74, shall secure from the Director, upon payment of the sum of five pesos, a driver’s identification card which he shall, at all times while so operating a public utility vehicle, display in plain sight in the vehicle being operated. The identification card shall be issued simultaneously with the license. It shall be unlawful for any duly licensed driver to transfer, lend or otherwise allow any person to use his license for the purpose of enabling such person to operate a motor vehicle. No owner of a motor vehicle shall engage, employ, or hire any person to operate such motor vehicle, unless the person sought to be employed is a duly licensed professional driver. (As amended by BP Blg 398)

Section 25

Any driver who changes his address shall, within fifteen days, notify the Commissioner in writing of his new address, name and address of his new employer, the number of the motor vehicle he is employed to operate, and such other information as the Commissioner may require.

Section 26

Any license not renewed on or before the last working day prior to the expiry date of such license as provided for in the third paragraph of Section twenty-three of this Act shall become delinquent and invalid, except when the license is surrendered to the Director or his deputies on or before the last working day prior to the expiry date of such license as hereinabove specified in order to avoid payment of the delinquency fees. For a renewal of a delinquent license, there shall be collected as delinquency fee, in addition to the basic fee as prescribed, an amount equivalent to fifty per cent of said basic fee. Every applicant for renewal of license to operate any motor vehicle shall present to the Director or his deputies, in person, the license issued to the applicant for the previous period, together with the basic fee hereinabove prescribed, and, in the case of professional drivers, three copies of a readily recognizable photograph of the applicant taken by the Bureau. In case the applicant for renewal has committed three or more offenses within a period of one year, or has suffered any injury or illness that impairs his ability to operate motor vehicles, he shall be required to undergo a theoretical and practical examination in order to determine his ability and fitness to operate motor vehicles. Lost License. In case the license has been lost or cannot be produced, the licensee shall apply for a duplicate of the original on file with the Bureau by filing a sworn statement that such license has been lost and that a thorough and diligent search was futile and in accordance with the procedure which the Director is hereby authorized to promulgate, subject to the approval of the Minister of Transportation and Communications. The Director or his deputies are hereby authorized to administer the oath in connection with such application. (As amended by BP Blg 398)

Section 27

Without prejudice to the authority of the court in appropriate cases and except as herein otherwise provided, the Director shall have exclusive power and authority to suspend or revoke for cause any driver’s license issued under the provisions of this Act. The Director may suspend for a period not exceeding three months or, after hearing, revoke any driver’s license and may order such license, whether confiscated by, and/or in the possession of, any other law enforcement agencies deputized in accordance with paragraph (d) (1) of Section four of this Act, to be delivered to him whenever he has reason to believe that the holder thereof is an improper person to operate motor vehicles, or in operating or using a motor vehicle in, or as an accessory to, the commission of any crime or act which endangers the public. Any deputy of the Director may. for the same cause, suspend for a period not exceeding three months any driver’s license issued under the provisions of this Act; Provided, that such suspension may be appealed to the Director who may, after reviewing the case, confirm, reverse or modify the action taken by such deputy. Whenever during any twelve-month period a driver shall have been convicted at least three times for the violations of any provisions of this Act or of any regulations issued by the Director or any municipal or city ordinance relating to motor vehicle traffic not in conflict with any of the provisions of this Act, the Director may revoke or suspend the license of such driver for a period not exceeding two years. The license suspended or revoked under the provisions of subsections (a) and (b) of this section shall not be reinstated by the Director, unless the driver has furnished a bond in accordance with Section twenty-nine of this Act and only after the Director has satisfied himself that such driver may again safely be permitted to operate a motor vehicle. A decision of the Director revoking or refusing the reinstatement of a license under the provisions of this section may be appealed to the Minister of Transportation and Communications. (As amended by BP Blg 398)

Section 28

The Director before reinstating any driver’s license which has been suspended or revoked under the provisions of the preceding section or of any provisions of this Act, may require such driver to post a bond in the sum of five thousand pesos conditioned upon the satisfaction and payment of any claim which may be filed or of any execution which may be issued against such driver in any case wherein said driver may be held answerable while operating motor vehicles. The bond required in this section shall be in such form as to render sureties liable at least for a period of not less than one year nor more than three years: Provided, however, That upon written application to the Director for release from such bond, the Director may, after revoking or suspending the driver’s license, authorize the release of the bondsmen from further responsibility thereunder: Provided further, That should the director decide not to revoke the license of a driver who has been convicted of homicide through reckless imprudence, or of violation of the speed limit or of reckless driving at least three times within a twelve-month period, the said driver shall post a bond in the sum of not less than ten thousand pesos, conditioned upon the payment of any claim which may be filed or any execution which may be issued against him in any case wherein said driver may be held answerable while operating motor vehicles. (As amended by BP Blg 398)

Section 29

Law enforcement and peace officers of other agencies duly deputized by the Director shall, in apprehending a driver for any violation of this Act or any regulations issued pursuant thereto, or of local traffic rules and regulations not contrary to any provisions of this Act, confiscate the license of the driver concerned and issue a receipt prescribed and issued by the Bureau therefor which shall authorize the driver to operate a motor vehicle for a period not exceeding seventy-two hours from the time and date of issue of said receipt. The period so fixed in the receipt shall not be extended, and shall become invalid thereafter. Failure of the driver to settle his case within fifteen days from the date of apprehension will be a ground for the suspension and/or revocation of his license. (As amended by BP Blg 398)

Section 30

Upon proper application and the payment of the fee prescribed in accordance with law, the Director or his deputies may issue student-driver’s permits, valid for one year to persons not under sixteen years of age, who desire to learn to operate motor vehicles. A student-driver who fails in the examination on a professional or non-professional license shall continue as a student-driver and shall not be allowed to take another examination at least one month thereafter. No student-driver shall operate a motor vehicle, unless possessed of a valid student-driver’s permit and accompanied by a duly licensed driver. The licensed driver duly accredited by the Bureau, acting as instructor to the student-driver, shall be equally responsible and liable as the latter for any violation of the provisions of this Act and for any injury or damage done by the motor vehicle on account or as a result of its operation by a student-driver under his direction. (As amended by BP Blg 398)

Sec 23-B

Without prejudice to the penalties provided under the Revised Penal Code and other applicable laws, the penalties corresponding to the following acts shall be imposed by the appropriate agency or officer: Any officer who, in any manner, issues a driver's license without the necessary examinations, connives with the applicant for the irregular issuance of a license, or who, by gross negligence, issues a driver's license to an unqualified applicant shall suffer a penalty of removal from the service with all the accessory penalties attached thereto; A fine in the amount of Twenty thousand pesos (P20,000.00) shall be imposed upon an applicant for a driver's license found to have committed any of the following acts: Willful misrepresentation with respect to material information in one's application; Connivance with the officer in the irregular conduct of examinations or issuance of license; Falsification of documents; or Cheating during examinations. Any or all of the acts abovementioned shall be punished whether or not a license was granted by reason of such misrepresentation, connivance, falsification or cheating. In addition to the abovementioned fine, the driver's license of an erring applicant, if one is granted by reason of such misrepresentation, connivance, falsification or cheating, shall be revoked, and the applicant shall be prohibited from applying for a period of two (2) years. The repetition os such offense shall warrant the perpetual disqualification from being granted a driver's license in addition to the fine above-stated; and A holder of a driver's license who acts in violation of the provisions of Republic Act No. 4136 and other existing traffic laws shall suffer corresponding penalties as may be provided by law and other issuances. In case of death or physical injuries resulting in the loss of any part of the victim's body or the use thereof, insanity, imbecility, impotence or blindness, or incapacity to work for more than ninety (90) days, the license of the offending driver shall be revoked for a period of four (4) years, after a finding by the court that such driver was negligent or at fault. The Department of Transportation (DOTr) and the LTO shall, in coordination with the Land Transportation Franchising and regulatory Board (LTFRB) and other concerned agencies and private stakeholders, aggressively and regularly conduct a nationwide information, education and communication (IEC) campaign on road safety, including the list of measures implemented pursuant to and violations punishable under this Act. (As added by RA No 10930)