LAND TRANSPORTATION RELATED LAWS /REPUBLIC ACT NO. 10916 Â€“ “ROAD SPEED LIMITER ACT OF 2016”
AN ACT REQUIRING THE MANDATORY INSTALLATION OF SPEED LIMITER IN PUBLIC UTILITY AND CERTAIN TYPES OF VEHICLES
It is hereby declared the policy of the State to maintain at all times the safety and protection of the public. Towards this end, it shall pursue a more proactive and preventive approach to secure the safety of passengers, and public in general on roads and highways. It shall implement measures to safeguard them from any speed-related road crashes which cause death, injury, and/or damage properties.
COVERED VEHICLE refers to any closed van, hauler or cargo trailer, PUV, shuttle service, or tanker truck and such other vehicles as may hereinafter be determined and included by the Department of Transportation and Communications (DOTC), now DOTr for the purpose of applying the provisions of this Act; excluding taxicabs, and public utility jeepneys (PUJs), without prejudice to the review by the DOTC after one (1) year on the necessity of their inclusion in the coverage of this Act.
CLOSED VAN refers to a large motor vehicle, usually with an enclosed cargo space, designed to carry goods for commercial purposes, or engaged in services of transporting personal effects.
HAULER OR CARGO trailer refers to a motor vehicle designed for transporting heavy or oversized loads or cargoes;
PUBLIC UTILITY VEHICLE (PUV) refers to a motor vehicle considered as a public transport conveyance or common carrier duly registered with the Land Transportation Office (LTO) and granted a franchise by the Land Transportation Franchising and Regulatory Board (LTFRB).
SHUTTLE SERVICE refers to any motor vehicle provided by government or private company or establishment whether owned or leased from another entity to transport its employees to and from the work premises or clients between designated origin and destination and carrying not less than four (4) passengers.
TANKER TRUCK refers to a motor vehicle designed for transporting or carrying gas, oil or liquid, flammable, combustible, corrosive or hazardous materials or substances in bulk such as molasses or water.
MANDATORY INSTALLATION OF SPEED LIMITER
No covered vehicle shall be allowed to run in any road, street or highway in the Philippines without a standard speed limiter in accordance with the standards and specifications approved by the DOTr.
NO SPEED LIMITER, NO REGISTRATION
No covered vehicle shall be registered by the LTO or given a franchise by the LTFRB without the standard speed limiter installed and set in the vehicle.
SETTING OF STANDARD
The DOTC shall, in accordance with acceptable international standards, determine the specifications of the speed limiters that may be allowed to be installed in the covered vehicles. The LTO or the LTFRB, shall supervise and inspect the setting of speed limiter corresponding to the maximum allowed in the route plied by a particular covered vehicle.
FINES & PENALTIES
A Driver who operates a MV without speed limiter or the owner/operator who allows such driver to operate an MV without speed limiter.
A driver I owner I operator who operates or allows a person to operate an MV with a non-functioning or tampered speed limiter.
- First Offense – Fifty thousand pesos (Php 50,000.00) and a one (1) month suspension of driver’s license or three (3) months suspension of MV franchise
- Second Offense – Fifty thousand pesos (Php 50,000.00) and revocation of driver’s license or six (6) months suspension of MV franchise
- Third and Succeeding Offenses – Fifty thousand pesos (Php 50,000.00) and revocation of driver’s license or one (1) year suspension of MV franchise
- Any person found guilty of tampering a speed limiter – Thirty thousand pesos (Php 30,000.00) / Imprisonment of not less than six (6) months but not more than three (3) years
The suspension of the franchise of the covered vehicle shall be effective immediately upon the date of issuance of the order of suspension. Provided, that period of suspension will subsist if the fine has not been paid within one (1) year from the order of suspension.
Vehicles operating without a speed limiter or a malfunctioning or tampered speed limiter shall be impounded immediately and shall only released upon payment of the appropriate fines.
ENFORCEMENT AND ADJUDICATION
Inspection of Covered Vehicles Law – LTO AND LTFRB Law Enforcement Officer (LEO) and its duly deputized agents shall have the authority to inspect apprehended vehicles for violating traffic rules and regulations and any other law, for non-compliance with this Act. The LTFRB shall have the authority to inspect and apprehend covered PUVs committing violations or failing to comply with the provisions of this Act. Non-installation and tampering of the speed limiter shall be liable to the penalty provisions thereof.
Enforcement Procedure – The driver, upon lawful demand by the LTO LEO, shall surrender his/her driver’s license and present the Certificate of Registration (CR), current Official Receipt (OR) of registration, and certificate of conformity. In the event of the violation, the LTO LEO shall immediately impound the vehicle in the designated impoundment area of the LTO. The impounded vehicle shall only be released upon payment of fines as provided in the penalty provisions hereof and installation or recalibration of the tampered speed limiter device.