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NOTES-IN-TRAFFIC-MANAGEMENT-3

The document discusses traffic management and accident investigation, highlighting the interaction of human, road, and vehicle systems as causes of traffic crashes. It outlines the importance of a multidisciplinary approach involving education, engineering, and enforcement, and provides a historical context for traffic management in the Philippines, including the establishment of relevant agencies and laws. Additionally, it details the roles of various agencies in traffic enforcement and the processes for vehicle registration and licensing.

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ulibasfredie14
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0% found this document useful (0 votes)
4 views

NOTES-IN-TRAFFIC-MANAGEMENT-3

The document discusses traffic management and accident investigation, highlighting the interaction of human, road, and vehicle systems as causes of traffic crashes. It outlines the importance of a multidisciplinary approach involving education, engineering, and enforcement, and provides a historical context for traffic management in the Philippines, including the establishment of relevant agencies and laws. Additionally, it details the roles of various agencies in traffic enforcement and the processes for vehicle registration and licensing.

Uploaded by

ulibasfredie14
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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REVIEW NOTES IN TRAFFIC MANAGEMENT & that road traffic crashes result from

ACCIDENT INVESTIGATION W/ DRIVING the interactional malfunctioning of


Jomel B. Pinera, RCrim., LPT, Ph.D. Crim. the components of the systems
namely: human, roads and vehicle.
Traffic- It refers to the movement of persons,
2. The 3 E’s: Education, Engineering, and
goods or vehicles, either powered by
Enforcement - A multidisciplinary
combustion system or animal drawn from
approach in understanding the
one place to another for the purpose of
problems and providing better and
safe travel.
appropriate solutions to road traffic
The word traffic was crafted from the accidents. Education encompasses
famous “Trafalgar Square” the hub-center road safety education that ranges
of commerce and culture in the heart of from awareness campaigns to
London. driver’s training and education.
Engineering focuses on the road
Derived from French Trafique which means design, layout, and maintenance.
‘to carry on trade’ of uncertain origin. Enforcement, on the other hand,
requires that authorities like traffic
Traffic Management - Is an executive
police must ensure that road users
function which includes:
comply with traffic regulations.
• Planning 3. Risk Theory - This theory contends that
• Organizing “Risk surrounds us; it envelops us.
• Directing Without understanding the risk, we risk
• Supervising everything, and without capitalizing
• Coordinating; and upon it, we gain nothing”
• Budgeting traffic affairs Hence, information shall be provided
Importance of Traffic Management objectively and placed in a context so that
risks can be assessed and understood to
✓ The neglect of transport sector is one provide appropriate and better solutions.
of the major causes of human and
economic losses. Brief History and Mandate of Traffic in the
✓ The Global status report on road Philippines.
safety 2015 indicates that worldwide
the total number of road traffic On November 4, 1954, Congressmen
deaths rise at 1.25 million a year Gregorio Tan and Lorenzo Ziga were killed in
(Global Status on Road Safety, 2015). a highway tragedy. There being no unit at
✓ In Asia, over 75,000 of the people that time which handles promotion of safety
dies, and over 4.7 million are injured along the highways. This pave way the
or crippled each year. The region has passage of a resolution for the creation of a
lost about $52 billion through property Police Unit that shall ensure safety along the
damage, medical costs, and Highways. The resolution was sent into
productivity losses. (Transport Sector motion through General Orders No 535,
Assessment, 2015). GHQ, AFP dated December 6, 1954
activating the TRAFFIC CONTROL GROUP
THEORIES OF TRAFFIC MANAGEMENT under the umbrella of the Philippine
Constabulary.
1. The Systems Theory-The underlying
assumption of the systems theory is

Review Notes in Traffic Management & Accident Investigation w/ Driving Prepared by: Jomel B. Pinera, Ph.D. Crim. Page 1
Executive Order No 209 - dated December transportation and communications
22, 1954 issued by President Ramon services.
Magsaysay defining the power, duties and 2. Land Transportation Office-Plans,
responsibilities of the Traffic Control Group formulates, & implements policies,
(TRAFCON) which incudes: rules, and regulations governing the
land transport system in the country.
• Enforcement of traffic safety laws, • Promote and maintain safe, efficient,
rules and regulations, and; convenient, and economical land
• General supervision of local police
transportation services throughout
forces as to Land Transportation in
the country.
the enforcement of driver’s license • Provide a rationalized system of
and motor vehicle registration motor vehicle registration, license
requirements.
issuance, law enforcement, and
• Promotion of Traffic Safety along the adjudication of traffic violation cases
Highways 3. Land Transportation Franchising And
• Implementation of Commonwealth Regulatory Board (LTFRB)-Grant
Act No. 3992 (Motor Vehicle Law).
franchises or accreditations and
regulating public vehicles such as
Important TRAFCON’s Function: PUBs, Mini-buses, PUJs), Utility Vehicle
• Active participation with the (UV) Express Services, Filcab service,
operations of the Bureau of Customs school services, taxies, Transportation
against “Hot Cars”. Network Vehicle Services (TNVS), and
• The establishment of the Safety Tourist Transport Services.
Education Branch to educate erring 4. The Philippine Coast Guard (PCG)--
motorists. Primarily tasked with safeguarding life
• Enforcing Republic Act 4136 and property at sea, protecting
otherwise known as the Land marine resources and the
Transportation and Traffic Code. environment, and assisting in the
Executive Order No. 546 – issued on July 28, enforcement of maritime laws within
creating the Department of Transportation the Philippines jurisdiction.
and Communications (DOTC) - responsible 5. PNP-Highway Patrol Group-Conduct
for the maintenance and expansion of aggressive education programs,
viable, efficient, and dependable projects, and activities;
transportation and communications systems • Maintain safe-travel worthiness of
as effective instruments for national roads and bridges through patrolling;
recovery and economic progress. • Enforce traffic laws, and other
Special Laws;
Agencies Involved in Traffic Management • Conduct investigation and scientific
research and develop database
1. The Dep’t of Transportation and
pertaining to traffic accidents and
Communications (NOW DOTr) -
other safety infringements along the
Responsible for the promotion,
highways (Traffic Management Group Manual, 1999 )
development and regulation of a
6. Department of Public Works and
dependable and coordinated
Highways (DPWH)- Provide the
network of transportation and
needed infrastructure, primarily
communications systems, as well as
national roads and bridges that
the fast, safe, efficient and reliable

Review Notes in Traffic Management & Accident Investigation w/ Driving Prepared by: Jomel B. Pinera, Ph.D. Crim. Page 2
would interconnect the Philippine for the purpose of deterring and
archipelago alongside with the discouraging and/or to preventing
provincial and municipal/city such violation.
engineering office at the lower level Agencies Involved in Traffic Enforcement
(Transportation Philippines Yearbook
(2014). a) Land Transportation Office
i. Vehicle registration
ii. Vehicle Inspection
Five Pillars Or 5e’s Of Traffic Management
iii. Driver’s licensing
1. Traffic Engineering - Traffic (examinations, suspensions
Engineering is involved in planning, and revocations)
designing, construction, operation, iv. Public to police on stolen or
and maintenance of highways. The wanted vehicles
application of engineering principles b) Legislative Bodies (National- Local)
is very much indispensable in so far as c) PNP-HPG
road safety, and accident prevention d) Metropolitan Manila Development
is concerned, because it assumes the Authority (for NCR)
responsibility to make proper designs e) Police Auxiliaries
of the entire road networks toward f) Land Transportation Franchising and
efficient and safe transportation Regulatory Board (LTFRB)
movement of goods and people. g) Department of Transportation and
2. Traffic Education- Traffic education is Communication (DOTC)
the process of giving training and
practice in the actual application of 4. Traffic Environment or Ecology-
traffic safety knowledge. Traffic Pertains to the adverse effects of
safety education as an effective traffic to the environment such as air
measure for road safety and pollution, water pollution and
accident prevention is founded on crowding, especially transport
the common knowledge that congestion which result therein.
properly educated drivers, or road R.A. 8749- Also known as the “Clean Air
users are presumed to have the skill Act”.
of complying with the norms and
standards of the highway traffic 5. Traffic Economy-Traffic congestions
system. affect production. Public, transport
Traffic Safety Education can be carried out companies and businesses are all
losing time and money, even the
on the following levels:
government is losing taxes because
a) Imparting knowledge concerning of the lost revenues;
traffic safety. • Oil prices hike dictates prices also of
b) Training and practice in the actual prime commodities;
application of traffic safety. • The economic cost of congestion
c) Developing traffic safety morality takes the form of time wasted
through travel delays, extra fuel,
3. Traffic Enforcement-These are the environmental damage and related
actions taken by the police, such as cost to human health.
arresting, issuing traffic citation ticket,
and giving warning to erring drivers

Review Notes in Traffic Management & Accident Investigation w/ Driving Prepared by: Jomel B. Pinera, Ph.D. Crim. Page 3
R.A. 4136 Land Transportation and Traffic working days within the week when the MV
Code in the Philippines Registration shall be renewed.

Motor Vehicle - Any vehicle propelled by Last Digit Middle Weekly Deadline
Digit
any power other than muscular power using 1-Jan 2-Feb 1,2,3 1234567
the public highways but excepting road 3-Mar 4-Apr 4,5,6 8 9 10 11 12 13 14
5-May 6-June 7,8 15 16 17 18 19 20 21
rollers, trolley cars, street-sweepers, sprinklers, 7-Jul 8-Aug 9,0 22 23 24 25 26 27 28
lawn mowers, bulldozers, graders, fork-lifts, 9-Sept 0-Oct 29 30 31

amphibian trucks, and cranes if not used on Example:


public highways, vehicles which run only on
TNG 984- The schedule of registration is on
rails or tracks, and tractors, trailers and
the 3rd week of April (Yearly)
traction engines of all kinds used exclusively
for agricultural purposes. Note: Vehicles may be registered 1 month in
advance of the weekly deadline
Driver - every and any licensed operator of
a motor vehicle. Suspension of Registration Certificate (Sec. 16,
RA 4136)
Professional driver - every and any driver
hired or paid for driving or operating a ➢ Any motor vehicle is found to be
motor vehicle, whether for private use or for unsightly, unsafe, overloaded,
hire to the public. improperly marked or equipped, or
otherwise unfit to be operated, or
Parking or parked - shall mean that a motor capable of causing excessive
vehicle is "parked" or "parking" if it has been damage to the highways, or not
brought to a stop on the shoulder or proper conforming to minimum standards
edge of a highway, and remains inactive in and specifications, the Commissioner
that place or close thereto for an may refuse to register the said motor
appreciable period of time. vehicle, or if already registered, may
require the number plates thereof to
Highways - every public thoroughfare,
be surrendered to him, and upon
public boulevard, driveway, avenue, park,
seventy-two hours notice to the
alley and callejon, but shall not include
owner of the motor vehicle, suspend
roadway upon grounds owned by private
such registration until the defects of
persons, colleges, universities, or other similar
the vehicle are corrected and/or the
institutions.
minimum standards and
Registration Of Motor Vehicles (Section 5, specifications fully complied with.
R.A. 4136) Classification of Registered Motor
Vehicles/Plate Numbers (Section 7, RA 4136)
➢ All motor vehicles shall be registered
by its owner before the designated 1. PRIVATE MV – vehicles which are
District Offices of LTO. registered for private use.
Administrative Order No. 84AO-003 – • Green with White Background
Provides the System of Operation in the 2. FOR HIRE MV – vehicles authorized to
monthly staggered registration of motor operate as public utilities by virtue of
vehicle. certificates of public conveyance.
• Black with Yellow Background
The last digit of the license plate determines
3. GOVERNMENT MV – vehicles owned
the monthly schedule of registration of the
by the government of the Philippines,
MV and the middle digit determines the
Review Notes in Traffic Management & Accident Investigation w/ Driving Prepared by: Jomel B. Pinera, Ph.D. Crim. Page 4
including government owned and o It is not a right but a privilege granted
controlled corporations. by the Philippine Government
• Red (Maroon) with White through LTO based on R.A. 4136
(statutory qualification). Further, it is a
Background
privilege which may be suspended or
4. DIPLOMAT MV – vehicles owned by revoked.
foreign government. o It is a public document which has the
• Blue with white background presumption of genuineness. (CCC
EXECUTIVE ORDER No. 400- PROTOCOL insurance Corp. vs. CA, SCRA 264)
PLATE DESIGNATIONS
Duty to have License (Section 19, RA 4136)
PLATE NO. OFFICE ➢ It shall be unlawful for any person to
operate any motor vehicle without
1 ………………… President having in his possession a valid
2 ………………… Vice President license to drive a motor vehicle.
3 ………………… Senate President ➢ The license shall be carried by the
4 ………………… Speaker of the House driver at all times when operating a
5 ………………… Chief Justice motor vehicle, and shall be shown
6 ………………… Cabinet Secretaries and/or surrendered for cause and
7………………… Senators upon demand to any person with
8…………………. Congressmen authority under this Act to confiscate
9………………… Associate Justice the same.
10……………….. Presiding Justice
11……………….. COMELEC Types of License, Procedures and
12……………….. Cabinet Undersecretaries Procurement
13……………….. Solicitor General
14……………….. Chief of Staff 1. Student Permit- Allowed to drive only
16…………….. … Court Judges in the presence of a duly license
driver accredited by the LTO, acting
COMMEMORATIVE PLATES – plates issued to as instructor to the student-driver who
groups, organizations or associations subject shall be equally responsible and
to the approval of the Office of the liable for any violation of the provision
President. of R.A. 4136 as amended and for any
damage done by the motor vehicle
Use of Number Plates (Sec. 18, RA 4136) or account or as a result of its
➢ At all times, every motor vehicle shall operation by the student-driver under
display in conspicuous places, one in his direction.
front and one in the rear thereof, the
said number plates. NOTE: A Student Permit IS NOT considered as
a Driver’s license
➢ The number plates shall be kept
clean and cared for, and shall be The Applicant of a Student Permit Must be:
firmly affixed to the motor vehicle. a) At least 16 years of age (Birth
certificate)with the consent of
➢ No person shall transfer number parents.
plates from one motor vehicle to b) Physically sound and in good health
another. with no contagious ailments.
c) Mentally capable
Driver’s License- An authority in the form d) Know how to read and write
prescribed by the LTO granted to a e) Must apply personally
person to operate motor vehicle that is f) Payment
either nonprofessional or professional driver's
license. Validity: 1 year from the date of issuance

Review Notes in Traffic Management & Accident Investigation w/ Driving Prepared by: Jomel B. Pinera, Ph.D. Crim. Page 5
c) Certified by an LTO accredited
2. Non-Professional Driver’s License doctor that:
i. he/she is physically and
Applicant must fulfill the following: mentally sound.
a) Must be at least 17 years of age. ii. he/she has normal vision
b) Has previously issued with Driver’s hearing.
Permit not less than 1 month. iii. has no contagious ailment
c) Certified by an LTO accredited iv. no history of heavy liquor
doctor that he/she is physically and drinking and drug abuse.
mentally sound and he/she has d) Criminal clearance (PNP, NBI or
normal vision hearing Prosecutor).
d) Pass the written examination (30/40) e) Must pass the written examination.
e) Pass the actual road test f) Pass the actual road test.
f) Fill out the application form g) Fill out the application form
g) Payment h) Payment

Two kinds of applicants for non-professional Validity of Professional DL


driver’s license o Valid for 3 years from date of
issuance (RA 4136)
1. Holder of student permit for 1 month o Renewable every 3 birth months of
old, and succeeding year and automatically
2. The applicant for the renewal of the expires if not renewed on due date.
expired non-professional driver’s
license. 4. Military Driver’s License- While the
issuance is made by the Armed
Restriction Forces of the Philippines (AFP),
a) The holder is allowed to drive his own however, the holder has to pass all
vehicle only and not to earn the test and examination in
livelihood. compliance with the rules and
b) The type of category of vehicle regulation thereof.
authorized to be driven is up to
4500kgs gross vehicle weight (GVW). o The holder must be military personnel
o Valid for 3 years from the date and authorized to drive a military
issuance (RA 4136). vehicle only.
o Renewable every 3 birth months o Valid for 3 years from the date of
succeeding years and automatically issuance
expires if not renewed on due date.
5. International Driver’s License-This is
3. Professional Driver’s License- The the second special type of license
distinctive feature of the holder of issued for special purpose . Before
professional driver’s license is the issuance applicant must be a holder
privilege to make driving a means of of domestic license, a sine-quanon
livelihood. before the issuance of International
Driver’s License.
The Applicant Must be: ➢ This kind of license is also issued to
a) At least 18 years of age. foreigner or tourist driver’s license
b) Present either: who desire to drive for a period not
i. A student permit issued for at beyond 90 days sojourn, provided
least 5 mos. the applicant must comply with the
ii. Non-professional driver’s basic requirement for licensing.
license issued/possessed by
the applicant for not less than
4 mos.

Review Notes in Traffic Management & Accident Investigation w/ Driving Prepared by: Jomel B. Pinera, Ph.D. Crim. Page 6
Driver’s Examination
Confiscation of Driver’s License
A. Driver’s Examination (Sec.29 of R.A. 4136)

1. Non-Professional License-must have ➢ Driver’s license may be confiscated


30 points out of 40 questions for
2. Professional License- must have 50 violations of R.A. 4136, the rules and
points out of 60 questions regulations issued by the Commissioner and
Local Traffic rules and regulations.
B. Road Test
C. Mandatory Drug Test ✓ When confiscated, traffic enforcer
MUST issue a receipt (TOP) which is
REPUBLIC ACT No. 10930 good for 72 hrs. Failure to settle within
15 days will cause suspension or
AN ACT RATIONALIZING AND revocation of license.
STRENGTHENING THE POLICY REGARDING
DRIVER'S LICENSE BY EXTENDING THE Imitation and False Representations
( Sec. 31, RA 4136)
VALIDITY PERIOD OF DRIVERS' LICENSES, AND
PENALIZING ACTS IN VIOLATION OF ITS
➢ No person shall make or use attempt
ISSUANCE AND APPLICATION
to make or use a driver's license,
badge, certificate of registration,
➢ All drivers' licenses except for student
number plate, tag, or permit in
permits, shall be valid for five (5)
imitation or similitude of those issued
years reckoned from the birthdate of
under this Act, or intended to be
the licensee, unless sooner revoked
used as or for a legal license, badge,
or suspended:
certificate, plate, tag or permit, or
with intent to sell or otherwise dispose
➢ Any holder of a professional or
of the same to another. No person
nonprofessional driver's license who
shall falsely or fraudulently represent
has not committed any violation of
as valid and in force any driver's
Republic Act No. 4136 and other
license, badge, certificate, plate, tag
traffic laws, rules and regulations
or permit issued under this Act which
during the five (5)-year period shall
is delinquent or which has been
be entitled to a renewal of such
revoked or suspended.
license for ten (10) years, subject to
the restrictions as may be imposed by
Exceeding Registered Capacity
the LTO.
➢ No person operating any vehicle shall
allow more passenger or more freight
Suspension, Revocation Of Driver's License
(Sec. 27, RA 4136)
or cargo in his vehicle than its
registered carrying capacity. In the
➢ The Commissioner may suspend for a case of public utility trucks or buses,
period not exceeding three months the conductor shall be exclusively
or, after hearing, revoke any driver's liable for violations of this section or of
license issued under the provisions of Section thirty-two, letter (c) hereof
this Act, and may order any such (Riding on running boards) (Sec. 32
license to be delivered to him Par. (a), RA 4136)
whenever he has reason to believe
that the holder thereof is an improper Carrying of Passengers and Freight on Top of
person to operate motor vehicles, or Vehicles
in operating or using a motor vehicle ➢ No person operating a motor vehicle
in, or as an accessory to, the shall allow any passenger to ride on
commission of any crime or act the cover or top of such vehicles:
which endangers the public. Provided, however, That subject to
Review Notes in Traffic Management & Accident Investigation w/ Driving Prepared by: Jomel B. Pinera, Ph.D. Crim. Page 7
such conditions as may be contained either the front or rear wheels shall retain
in permits that may be issued by the normal braking capabilities (Sec. 34 Par (b) RA
Commissioner, baggage or freight 4136)
may be carried on the top of a truck
provided the weight thereof does not Horns. - Every motor vehicle shall be
exceed twenty kilos per square meter provided with a horn or signalling devise in
and is distributed in such a manner as good working order: Provided, however,
not to endanger the passengers or That no horn or signalling device emitting an
stability of the truck (Sec. 32 Par. (b), exceptionally loud, startling, or disagreeable
RA 4136). sound shall be installed or used on any
motor vehicle.
➢ Riding on Running Boards
No driver shall permit any person to All authorized emergency vehicles, such as
ride on the running board, step ambulance and police cars and fire
board, or mudguard of his motor wagons used for emergency calls shall be
vehicle for any purpose except to equipped with a bell, siren, or exhaust
make repair or adjustment in the whistle of a type approved by the
motor or to collect fares (Sec. 32 Par. Commissioner, and no such device shall be
(C), RA 4136). installed or used in any other vehicle (Sec. 34
Par (b1) RA 4136)
Passenger or Freight Capacity Marked on PD 96
Vehicle
It shall be unlawful for the owner or
➢ All passengers automobiles for hire possessor of any motor vehicle to use or
shall have the registered passenger attach to his vehicle any siren, bell, horn,
capacity plainly and conspicuously whistle, or other similar gadgets that
marked on both sides thereof, in produce exceptionally loud or startling
letters and numerals not less than five sound, including domelights, blinkers and
centimeters in height. other similar signalling or flashing devices.
➢ All motor trucks, whether for
passenger or freight, private, or for Headlights. - Every motor vehicle of more
hire, shall have the registered than one meter of projected width, while in
passenger gross and net weight use on any public highway shall bear two
capacities plainly and conspicuously headlights, one on each side, with white or
marked on both sides thereof, in yellowish light visible from the front, which
letters and numerals not less than five shall be on not later than one-half hour after
centimeters in height (Sec. 33, RA 4136) sunset and until at least one-half four before
sunrise and whenever weather conditions
Accessories of Motor Vehicles (ART. V, RA so require, shall both be lighted.
4136) ➢ Additional lamps and light may be
carried, but no red lights shall be
Tires of motor vehicles. - No motor vehicle visible forward or ahead of the
with metallic tires shall be operated upon vehicle. (Sec. 34 Par (c) RA 4136)
any public highway, and solid tires
whenever used shall be of sufficient Taillights. - Every motor vehicle and trailer
thickness to prevent the metal rims thereof shall, during the above-mentioned hours,
from coming in direct contact with the road also bear on each side in the rear a lamp
(Sec. 34 Par (a) RA 4136)
showing a red light visible at least one
Brakes - Every motor vehicle with four or hundred meters from the rear of the vehicle
more wheels shall be provided with dual and a lamp throwing a white light upon the
hydraulic brake system so that in case of number plate issued for such vehicle. (Sec. 34
hydraulic line failure affecting the braking Par (d) RA 4136)
efficiency of any of the four wheels at least
Review Notes in Traffic Management & Accident Investigation w/ Driving Prepared by: Jomel B. Pinera, Ph.D. Crim. Page 8
Stop lights. - Every motor vehicle shall be district or barrio, the muffler shall not be cut
equipped at the rear with at least one lamp out or disconnected. No motor vehicle shall
which shall throw a sustained bright red light be operated in such a manner as to cause
visible under all conditions, even under it to emit or make any unnecessary or
bright sunlight, when the brakes are applied. disagreeable odor, smoke or noise (Sec. 34
Each bus, truck, trailer or similar vehicle shall Par (i) RA 4136).
be equipped, as its stop light at or near its
rear center, with a lamp at least twelve Restriction as to speed (Sec. 35, RA 4136)
Passengers Motor
centimeters in diameter with the word "stop" MAXIMUM ALLOWABLE SPEEDS Cars and trucks &
inscribed in the center. (Sec. 34 Par (e) RA 4136) Motorcycle buses
On open country roads, with no 80 km. per 50 km.
"blinds corners" not closely hour per hour
Motorcycle and other vehicle lights. - Every bordered by habitations.
motor vehicle of less than one meter of On "through streets" or 40 km. per 30 km.
projected width shall be subject to the boulevards, clear of traffic, with hour per hour
no " blind corners," when so
preceding provisions of this section, except designated.
that one headlight and one taillight shall be On city and municipal streets, 30 km. per 30 km.
required. No signal light shall be necessary. with light traffic, when not hour per hour
designated "through streets".
Additional lamps may be carried provided Through crowded streets,
they comply with the preceding provisions approaching intersections at
"blind corners," passing school 20 km. per 20 km.
of this section (Sec. 34 Par (e) RA 4136) zones, passing other vehicles hour per hour
which are stationery, or for similar
Lights when parked or disabled. - dangerous circumstances.
Appropriate parking lights or flares visible
one hundred meters away shall be Exemption to the Rule:
displayed at a corner of the vehicle
whenever such vehicle is parked on 1) A physician or his driver when the
highways or in places that are not well- former responds to emergency calls;
lighted or is placed in such manner as to 2) The driver of a hospital ambulance
endanger passing traffic (Sec. 34 Par (f) RA on the way to and from the place of
4136). accident or other emergency;
3) Any driver bringing a wounded or sick
Windshield wiper. - Every motor vehicle shall person for emergency treatment to a
be equipped with a mechanically or hospital, clinic, or any other similar
electrically operated device for wiping off place;
raindrops or other moisture from its front 4) The driver of a motor vehicle
windshield (Sec. 34 Par (h) RA 4136). belonging to the Armed Forces while
in use for official purposes in times of
Use of red flag. - Whenever the load of any riot, insurrection or invasion;
vehicle extends more than one meter 5) The driver of a vehicle, when he or his
beyond the bed or body thereof, there shall passengers are in pursuit of a
be displayed at every projecting end of criminal;
such load a red flag not less than thirty 6) A law-enforcement officer who is
centimeters both in length and width, trying to overtake a violator of traffic
except that during the hours fixed under laws; and
subsection (c), there shall be displayed, in 7) The driver officially operating a motor
lieu of the required red flags, red lights vehicle of any fire department,
visible at least fifty meters away (Sec. 34 Par (i) provided that exemption shall not be
RA 4136). construed to allow unless or
unnecessary fast driving of drivers
Mufflers. - Every motor vehicle propelled by aforementioned.
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
Review Notes in Traffic Management & Accident Investigation w/ Driving Prepared by: Jomel B. Pinera, Ph.D. Crim. Page 9
Speed Limits Uniform Throughout the vehicle proceeding in the same direction
Philippines shall pass at a safe distance to the left

No provincial, city or municipal authority Sec 40. Driver to give way to overtaking
shall enact or enforce any ordinance or vehicle - The driver of a vehicle about to be
resolution specifying maximum allowable overtaken and passed by another vehicle
speeds other than those provided in this Act approaching from the rear shall give way to
(Sec. 36, RA 4136). the overtaking vehicle.

Driving On Right Side Of Highway Restrictions on Overtaking and Passing.


➢ In the interest of the safety and the
security of life, person or property, or a) The driver of a vehicle shall not drive
because of unreasonable difficulty of to the left side of the center line of a
operation in compliance herewith, highway in overtaking or passing
every person operating a motor another vehicle proceeding in the
vehicle or an animal-drawn vehicle same direction, unless such left side is
on a highway shall pass to the right clearly visible, and is free of
when meeting persons or vehicles oncoming traffic for a sufficient
coming toward him, and to the left distance ahead to permit such
when overtaking persons or vehicles overtaking or passing to be made in
going the same direction, and when safety.
turning to the left in going from one b) The driver of a vehicle shall not
highway to another, every vehicle overtake or pass another vehicle
shall be conducted to the right of the proceeding in the same direction,
center of the intersection of the when approaching the crest of a
highway (Section 37, RA 4136). grade, not upon a curve in the
highway, where the driver's view
Classification of Highways (Sec 38, RA 4136) along the highway is obstructed
Public highways shall be properly classified within a distance of five hundred feet
for traffic purposes by the provincial board, ahead, except on a highway having
municipal board or city council having two or more lanes for movement of
jurisdiction over them, and said provincial traffic in one direction where the
board, municipal board or city council shall driver of a vehicle may overtake or
provide appropriate signs therefor, subject pass another vehicle:
to the approval of the Commissioner. c) The driver of a vehicle shall not
overtake or pass any other vehicle
Road Classification proceeding in the same direction, at
a) National Roads – The main road as any railway grade crossing, not at
medium system. any intersection of highways unless
b) Provincial Roads – The linkages such intersection or crossing is
between two municipalities. controlled by traffic signal, or unless
c) City Roads – The inter-link between permitted to do so by a watchman or
municipalities and within the city a peace officer
proper. d) The driver of a vehicle shall not
d) Municipal Roads – All roads within the overtake or pass, or attempt to pass,
town proper. any other vehicle, proceeding in the
e) Barangay Roads – Commonly called same direction, between any points
farm to market road. indicated by the placing of official
temporary warning or caution signs
Overtaking and Passing a Vehicle, indicating that men are working on
and Turning at Intersections the highway.
e) The driver of a vehicle shall not
Sec 39. Overtaking a vehicle - The driver of overtake or pass, or attempt to
any motor vehicle overtaking another
Review Notes in Traffic Management & Accident Investigation w/ Driving Prepared by: Jomel B. Pinera, Ph.D. Crim. Page 10
overtake or pass, any other vehicle ➢ The driver of a vehicle upon a
proceeding in the same direction in highway shall yield the right of way to
any "no-passing or overtaking zone." police or fire department vehicles
and ambulances when such vehicles
Rules on Right of Way (Sec. 42, RA 4136) are operated on official business and
the drivers thereof sound audible
RIGHT OF WAY-This principle which refers to signal of their approach.
the legal or customary precedence (priority
in time and place) which allows one vehicle ➢ The driver of a vehicle entering a
to cross or pass in front of another. "through highway" or a "stop
intersection" shall yield the right of
➢ When two vehicles approach or way to all vehicles approaching to
enter an intersection at either direction on such "through
approximately the same time, the highway."
driver of the vehicle on the left shall
yield the right of way to the vehicle Signals on Starting, Stopping or Turning
on the right (Sec. 42, Par (a), RA 4136)
➢ The driver of any vehicle upon a
➢ The driver of a vehicle approaching highway, before starting, stopping or
but not having entered an turning from a direct line, shall first see
intersection, shall yield the right of that such movement can be made in
way to a vehicle within such safety, and if any pedestrian may be
intersection or turning therein (Sec. 42, affected by such movement, shall
Par (a), RA 4136). give a clearly audible signal by
sounding the horn, and whenever the
➢ The driver of any vehicle upon a operation of any other vehicle
highway within a business or approaching or following may be
residential district shall yield the right affected by such movement, shall
of way to a pedestrian. Every give a signal plainly visible to the
pedestrian crossing NOT on crosswalk driver of such other vehicles of the
shall yield the right of way to vehicles intention to make such movement.
upon the highway (Sec. 42, Par (c), RA (Sec. 44, RA 4136)
4136).

Does the Law Prohibits the Use of Hand


➢ The driver of a vehicle entering a Signal?
highway from a private road or drive
shall yield the right of way to all Answer: NO
vehicles approaching on such
highway. The signal herein required shall be given by
means of extending the hand and arm
➢ The driver of a vehicle upon a beyond the left side of the vehicle, or by an
highway shall bring to a full stop such approved mechanical or electrical signal
vehicle before traversing any device.
"through highway" or railroad
crossing: Provided, That when it is Turning at intersections
apparent that no hazard exists, the
vehicle may be slowed down to five ➢ The driver of a vehicle intending to
miles per hour instead of bringing it to run to the right at an intersection shall
a full stop (Sec. 42, Par (c), RA 4136). approach such intersection in the
lane for traffic nearest to the right-
Exception to the Right of Way Rule (Sec 43, RA hand side of the highway and, in
4136)
turning, shall keep as close as
possible to the right-hand curb or

Review Notes in Traffic Management & Accident Investigation w/ Driving Prepared by: Jomel B. Pinera, Ph.D. Crim. Page 11
edge of the highway (Sec 45 par (a) RA position as near as possible and
4136) parallel to the right-hand edge or
curb of the highway, clear of any
➢ The driver of a vehicle intending to intersection of highways, and shall
turn to the left shall approach such stop and remain in such position,
intersection in the lane for traffic to unless otherwise directed by a peace
the right of and nearest to the center officer, until such vehicle shall have
line of the highway, and, in turning, passed.
shall pass to the left of the center of
the intersection, except that, upon Hitching to a Vehicle (Sec 51, RA 4136)
highways laned for traffic and upon
one-way highways, a left turn shall be ➢ No person shall hang on to, ride on,
made from the left lane of traffic in the outside or the rear end of any
the direction in which the vehicle is vehicle, and no person on a bicycle,
proceeding (Sec 45 par (b) RA 4136) roller skate or other similar device,
shall hold fast to or hitch on to any
Section 46. Parking prohibited in specified moving vehicle, and no driver shall
places. knowingly permit any person to hang
on to or ride, the outside or rear end
a) Within an intersection of his vehicle or allow any person on
b) On a crosswalk a bicycle, roller skate or other similar
c) Within six meters of the intersection of device to hold fast or hitch to his
curb lines. vehicle.
d) Within four meters of the driveway
entrance to and fire station. Driving or Parking on Sidewalk (Sec. 52, RA
e) Within four meters of fire hydrant 4136)
f) In front of a private driveway
g) On the roadway side of any vehicle ➢ No person shall drive or park a motor
stopped or parked at the curb or vehicle upon or along any sidewalk,
edge of the highway path or alley not intended for
h) At any place where official signs vehicular traffic or parking.
have been erected prohibiting
parking. Driving while under the influence of liquor or
narcotic drug (Sec. 53, RA 4136)
Section 48. Reckless driving. - No person
shall operate a motor vehicle on any ➢ No person shall drive a motor vehicle
highway recklessly or without reasonable while under the influence of liquor or
caution considering the width, traffic, narcotic drug.
grades, crossing, curvatures, visibility and
other conditions of the highway and the Note: This was amended by RA 10586 “Anti
conditions of the atmosphere and weather, Drug and Drunk Driving Act
or so as to endanger the property or the
safety or rights of any person or so as to Obstruction of Traffic (Sec. 54 RA 4136)
cause excessive or unreasonable damage
to the highway. ➢ No person shall drive his motor
vehicle in such a manner as to
Right of Way for Police and Other obstruct or impede the passage of
Emergency Vehicles (Sec. 49, RA 4136) any vehicle, nor, while discharging or
taking on passengers or loading or
➢ Upon the approach of any police or unloading freight, obstruct the free
fire department vehicle, or of an passage of other vehicles on the
ambulance giving audible signal, the highway.
driver of every other vehicle shall
immediately drive the same to a
Review Notes in Traffic Management & Accident Investigation w/ Driving Prepared by: Jomel B. Pinera, Ph.D. Crim. Page 12
Duty of Driver in Case of Accident (Sec. 55, RA Reckless Imprudence VS Simple
4136) Imprudence

a) Stop immediately "Reckless imprudence consists in voluntarily,


b) If requested by any person present, but without malice, doing or failing to do an
shall show his driver’s license act from which material damage results by
c) Give his true name and address and reason of inexcusable lack of precaution on
also the true name and address of the part of the person performing or failing
the owner of the motor vehicle. to perform such act, taking into
consideration his employment or
No driver of a motor vehicle concerned in a occupation, degree of intelligence, physical
vehicular accident shall leave the scene of condition and other circumstances
the accident without aiding the victim, regarding persons, time and place.
except under any of the following
circumstances: "Simple imprudence consists in the lack of
precaution displayed in those cases in
1) If he is in imminent danger of being which the damage impending to be
seriously harmed by any person/s by caused is not immediate nor the danger
reason of the accident. clearly manifest.
2) If he reports the accident to the
nearest officer of the law; and Article 2184 of the New Civil Code
3) If he has to summon a physician or ➢ It is provided that: “It is disputably
nurse to aid the victim. presumed that a driver was
negligent, if he had been found
Possible Charge/s that might be File Against guilty of reckless driving or of violating
Drivers: traffic regulations at least within the
next preceding two months.”
1) Abandonment of one’s victim.
2) Failure to lend assistance to the Article 2185 of the New Civil Code
injured parties. ➢ It is provided that: “Unless there is
3) Reckless imprudence resulting to proof to the contrary, it is presumed
homicide. that a person driving a motor vehicle
4) Reckless imprudence resulting to has been negligent if, at the time of
damage to properties. the mishap, he was violating any
5) Failure to render assistance to victim. traffic regulation.”
6) Violation of Section 55, R.A. 4136 as
amended. The Ten Commandments of Traffic
7) Civil liability of a person guilty of 1) Keep Right
felony. 2) Observe Road Courtesy
3) Prohibited Parking
Art. 365, RPC. Imprudence and Negligence 4) If in Doubt, Do Not Overtake
Any person who, by reckless imprudence, 5) The Bus-stop Rule
shall commit any act which, had it been 6) Rules to Prevent or Untangle Traffic
intentional, would constitute a grave felony, Jams
shall suffer the penalty of arresto mayor in its 7) Observe the Traffic Management
maximum period to prision correccional in its Measures
medium period; if it would have constituted 8) The Philosophy of a Pinoy Drive
a less grave felony, the penalty of arresto (requity of the lead vehicle, doctrine
mayor in its minimum and medium periods of the last clear chance, the first
shall be imposed; if it would have come first served rule)
constituted a light felony, the penalty of 9) On Pedestrian
arresto menor in its maximum periodical 10) Remember the International Driving
shall be imposed. safety Reminder – Safety first

Review Notes in Traffic Management & Accident Investigation w/ Driving Prepared by: Jomel B. Pinera, Ph.D. Crim. Page 13
granted any kind of driver’s license
Last Clear Chance - it means that the driver thereafter.
who is in the better position to prevent the
accident shoulders the responsibility of When can we say that the driver is drunked?
preventing the accident. The last clear
chance principle is always applied in any Blood Alcohol Concentration (BAC) refers to
traffic accidental investigation in order to the measure of amount of alcohol in a
justify penalized the driver who was not person's blood.
defensive in its driving.
CONCLUSIVE PROOF OF DRUNK DRIVING
REPUBLIC ACT NO. 10586 BASED ON BAC
“AN ACT PENALIZING PERSONS DRIVING
UNDER THE INFLUENCE OF ALCOHOL, a) FOR PUV DRIVERS= more than 0.0%
DANGEROUS DRUGS, AND SIMILAR b) FOR PRIVATE MV DRIVERS= 0.05 % and
SUBSTANCES, AND FOR OTHER PURPOSES” above

SEC. 5. Punishable Act. REPUBLIC ACT NO. 10054


➢ It shall be unlawful for any person to AN ACT MANDATING ALL MOTORCYCLE
drive a motor vehicle while under the RIDERS TO WEAR STANDARD PROTECTIVE
influence of alcohol, dangerous MOTORCYCLE HELMETS WHILE DRIVING AND
drugs and/or other similar substances. PROVIDING PENALTIES THEREFOR

SEC. 12. Penalties Section 3. Mandatory Use of Motorcycle


➢ If drunk driving did not result in Helmets
physical injuries or homicide. ➢ All motorcycle riders, including drivers
and back riders, shall at all times
PENALTY: wear standard protective motorcycle
➢ (3) months imprisonment and, fine helmets while driving, whether long or
ranging from Php20,000.00 to short drives, in any type of road and
80,000.00. highway.

Violation of Section 5 ➢ Prescribed Motorcycle Helmet Bears


the
a) Holder of Non-Professional Drivers 1) Philippine Standard (PS) mark or
License 2) Import Commodity Clearance
(ICC)
✓ First Conviction- License will be
confiscated and suspended for a R A 1 0 9 1 3 “Anti Distracted Driving Act”
period of twelve (12) months.
✓ Second Conviction- perpetually PUNISHABLE ACT/S:
revoked
WHAT: Distracted Driving (SEC 4)
b) Holder of Professional Driver’s ➢ Using a mobile communications
License device to write, send, or read a text-
based communication or to make or
➢ License shall also be confiscated and receive calls, and other similar acts;
perpetually revoked for the first and
conviction. ➢ Using an electronic entertainment or
computing device to play games,
TAKE NOTE: watch movies, surf the internet,
compose messages, read e-books,
The perpetual revocation of a driver’s perform calculations, and other
license shall disqualify the person from being similar acts.

Review Notes in Traffic Management & Accident Investigation w/ Driving Prepared by: Jomel B. Pinera, Ph.D. Crim. Page 14
beside the driver for public utility
WHO: Motorist whether diplomatic, public or jeepneys;
private ➢ Passengers seated at the right side
beside the driver and those at the first
WHEN: motor vehicle in motion or row immediately behind the driver in
temporarily stopped at a red light, the case of public utility buses;
➢ Passengers seated on the right side
SCOPE OF COVERAGE beside the driver for private motor
➢ Wheeled agricultural machineries vehicles.
such as tractors, kuligligs”, sledges
construction equipment such as NOTE:
graders, rollers, backhoes, pay In the case of public motor vehicles, the
loaders, cranes, bulldozers, mobile driver shall be required to immediately
concrete mixers and the like, and inform and require the front seat passengers
other forms of conveyances such as upon boarding a vehicle of running engine
bicycles, pedicabs, habal-habal , to wear the prescribed seat belts. Any
trolleys, wagons, carriages, carts, passenger who refuses to wear seat belts
chariots or the like, whether animal or shall not be allowed to continue his/her trip.
human-powered,
Children Prohibited to Sit in Front Seat
TAKE NOTE: As long as the same are ➢ Infants and/or children with ages six
operated or driven in public thoroughfares, (6) years and below shall be
highways or streets or under circumstances prohibited to sit in the front seat of
where public safety is under consideration any running motor vehicle (Sec 5, RA
8750).
RA 8750 “SEAT BELT USE ACT OF 1999”
RA 8749 “THE PHILIPPINE CLEAN AIR ACT
Seat belt-Shall refer to any strap, webbing or
similar device in the form of pelvic restraint Regulation of All Motor Vehicles and Engines
(Sec. 22 RA 8749)
or lap belt, upper torso restraint or shoulder
strap or a combination thereof designed to ➢ Any imported new or locally-
secure a person in a motor vehicle in order assembled new motor vehicle shall
to mitigate the results of any accident, not be registered unless it complies
including all necessary buckles and other with the emission standards set
fasteners, and all hardware designed for pursuant to this Act, as evidenced by
installing such seat belt device in a motor a Certificate of Conformity (COC)
vehicle. issued by the Department.

What is the Mandate of the Law? ➢ Any imported new motor vehicle
➢ The driver and front seat passengers engine shall not be introduced into
of a public or private motor vehicle commerce, sold or used unless it
are required to wear or use their seat complies with emission standards set
belt devices while inside a vehicle of pursuant to this Act.
running engine on any road or
thoroughfare. ➢ Any imported used motor vehicle or
rebuilt motor vehicle using new or
TAKE NOTE: Motor vehicle as defined under used engines, major parts or
this law DO NOT INLUDE TRICYCLE AND components shall not be registered
MOTORCYCLE. unless it complies with the emission
standards.
Who are Front Seat Passengers?
➢ Persons on board a public utility TAKE NOTE: No motor vehicle registration
vehicle seated at the right side (MVR) shall be issued unless such motor
vehicle passes the emission testing
Review Notes in Traffic Management & Accident Investigation w/ Driving Prepared by: Jomel B. Pinera, Ph.D. Crim. Page 15
requirement promulgated in accordance day but not more than thirty (30)
with this Act. Such testing shall be years, when the carnapping is
conducted by the DOTC or its authorized committed without violence against
inspection centers within sixty (60) days prior or intimidation of persons, or force
to date of registration. upon things;

Emission Charge System ➢ and by imprisonment for not less than


➢ The Department, in case of industrial thirty (30) years and one (1) day but
dischargers, and the Department of not more than forty (40) years, when
Transportation and Communication the carnapping is committed by
(DOTC), in case of motor vehicle means of violence against or
dischargers, shall, based on intimidation of persons, or force upon
environmental techniques, design, things;
impose on and collect regular
emission fees from said dischargers as ➢ and the penalty of life imprisonment
part of the emission permitting system shall be imposed when the owner,
or vehicle registration renewal driver, or occupant of the
system, as the case may be. The carnapped motor vehicle is killed or
system shall encourage the industries raped in the commission of the
and motor vehicles to abate, reduce, carnapping.
or prevent pollution(Sec 13, RA 8749)
REPUBLIC ACT NO. 10642 "Philippine Lemon
REPUBLIC ACT NO. 10883 “New Anti- Law".
Carnapping Act of 2016
AN ACT STRENGTHENING CONSUMER
Carnapping-Is the taking, with intent to gain, PROTECTION IN THE PURCHASE OF BRAND
of a motor vehicle belonging to another NEW MOTOR VEHICLES
without the latter’s consent, or by means of
violence against or intimidation of persons, Lemon Car-Is a brand new vehicle that has
or by using force upon things. either had several manufacturing defects or
has a recurring problem that is related to a
Note: specific part that affects its safety, value, or
The following are not embraced in the utility.
definition of a motor vehicle under the law
and thus cannot be the subject of Lemon Law rights period refers to the period
carnapping, to wit: ending twelve (12) months after the date of
the original delivery of a brand new motor
➢ road rollers, trolley cars, street vehicle to a consumer or the first twenty
sweepers, sprinklers, lawn mowers, thousand (20,000) kilometers of operation
bulldozers, graders, forklifts, after such delivery, whichever comes first.
amphibian trucks, and cranes if not This shall be the period during which the
used on public highways;vehicles consumer can report any nonconformity to
which run only on rails or tracks; the standards and specifications of the
andtractors, trailers and traction manufacturer, authorized distributor,
engines of all kinds used exclusively authorized dealer or retailer, and pursue
for agricultural purposes any right as provided for under this Act.

PENALTY: WHAT KIND OF DEFECT DOES THE LAW


➢ Any person who is found guilty of ACKNOWLEDGE?
carnapping shall, regardless of the
value of the motor vehicle taken, be Any factory defects found in and around
punished by imprisonment for not less the brand new unit that don’t meet the
than twenty (20) years and one (1)

Review Notes in Traffic Management & Accident Investigation w/ Driving Prepared by: Jomel B. Pinera, Ph.D. Crim. Page 16
manufacturer’s specification s or warranty The Penalty for Driving without a number
claims are covered by the law. plate or readable number plate:
➢ A fine of not less than Fifty thousand
VEHICLES EXCLUDED FROM THE LEMON LAW: pesos (P50,000.00) but not more than
Motorcycles, delivery trucks, dump trucks, One hundred thousand (P100,000.00)
buses, road rollers, trolley cars, street or both.
sweepers, sprinklers, lawn mowers and
heavy equipment such as, but not limited Other Punishable Acts Under RA 11235
to, bulldozers, payloaders, graders, forklifts, ➢ Use of a Motorcycle in the
amphibian trucks, cranes, and vehicles Commission of Crime
which run only on rails or tracks, and ➢ Erasing, Tampering, Forging, Imitating,
tractors, trailers and traction engines of all Covering or Concealing a Number
kinds used exclusively for agricultural Plate or Readable Number Plate and
purposes. Trailers having any number of Intentional Use Thereof
wheels. ➢ Use of a Stolen Number Plate or
Readable Number Plate.
When a Lemon Law Rights Cannot be ➢ Sale and Importation of Non-
Invoke? Compliant Motorcycles

a) Noncompliance by the consumer of REPUBLIC ACT No. 10666


the obligations under the warranty; AN ACT PROVIDING FOR THE SAFETY OF
b) Modifications not authorized by the CHILDREN ABOARD MOTORCYLES
manufacturer, distributor, authorized
dealer or retailer;
c) Abuse or neglect of the brand new Section 1. Short Title. "Children’s Safety on
motor vehicle; and Motorcycles Act of 2015".
d) Damage to the vehicle due to
accident or force majeure. Sec. 4, RA 10666 Prohibition
➢ It shall be unlawful for any person to
REPUBLIC ACT No. 11235 drive a two (2)-wheeled motorcycle
An Act Preventing and Penalizing the Use of with a child on board on public roads
Motorcycles in the Commission of Crimes By where there is heavy volume of
Requiring Bigger, Readable and Color- vehicles, there is a high density of fast
Coded Number Plates and Identification moving vehicles or where a speed
Marks, and for Other Purposes limit of more than 60/kph is imposed

Section 1. Short Title. - "Motorcycle Crime EXEMPTION:


Prevention Act". a) The child passenger can comfortably
reach his/her feet on the standard
Sec 5, RA 11235. Bigger, Readable and foot peg of the motorcycle;
Color-Coded Number Plates b) The child’s arms can reach around
and grasp the waist of the
➢ The LTO shall determine the font style motorcycle rider; and
and size of the bigger, readable and c) The child is wearing a standard
color-coded number plates: protective helmet referred to under
➢ The contents of the number plates Republic Act No. 10054.
shall be readable from the front, the
back and the side of the motorcycle Letter of Instruction No. 716, s. 1978-
from a distance of at least fifteen(15) Requiring that every motor vehicle be
meters from the motorcycle. equipped with at least one (1) pair of early
warning device as a requisite for
registration.

Review Notes in Traffic Management & Accident Investigation w/ Driving Prepared by: Jomel B. Pinera, Ph.D. Crim. Page 17
What is an Early Warning Device?
o Is a safety tool that provides with the Essential Steps in Police and Court
safety net by way of added visibility Enforcement Process
especially during an emergency stop 1. Detection
on a road. 2. Apprehension
o It is triangular in shape and is made 3. Prosecution
out of very reflective plastic materials. 4. Adjudication
These early warning devices or EWDs 5. Penalization
come in pairs; one yellow and one
red. Kinds of Enforcement Actions:
1. Traffic Arrest if:
Early Warning Device for cars: Distance a) Offense committed is serious.
➢ For optimal visibility, the red triangle b) Detention is necessary to
should be placed around six meters avoid continued violation.
from the car and the yellow one at c) There is reasonable doubt that
around six meters away from the red the violator will not
EWD. appear in court.
➢ The idea behind this is the yellow one 2. Traffic Citation
will inform other motorists that there’s 3. Traffic Warning
a hazard ahead and that the red
one will warn that the said hazard, Enforcement action is usual limited to:
which is your parked or stalled car, is 1. Verbal or written warning;
nearby. 2. Summon or citation requiring the
offender to appear in court;
What is Traffic Law Enforcement? 3. Arresting traffic violators for traffic
o Area of activity aimed to control violations not attended
road user behavior by preventive, 4. Suspension or revocation of license;
persuasive and punitive methods in 5. Payment of fines or civil damages,
order to effect the safe and efficient and;
movement of traffic. 6. Prosecution of criminal offenses in
o It is performed by the police and relation to traffic.
other agencies with police power to
deter traffic law violation. Traffic Supervision, Direction and Control

Two major Functions of Traffic Law Traffic Supervision-Keeping order on the


Enforcement street and highway within existing
regulations to make their use safe and
1) Police Traffic Law Enforcement: PNP- expeditious.
HPG and LTO-LES
2) Court Traffic Law Enforcement: Done All men on the department should be
by any court where traffic cases fall trained to direct traffic at the following:
under their jurisdiction and the LTO- a) Accident scene
TAS b) Other emergencies
c) Planned special events
Major Elements of Traffic Enforcement d) Regular point and intersection control
System e) Directing pedestrian’s movement

1) Enforcement System – consist of the Police Traffic Direction-It is defined as telling


legislation, police, and the court. drivers and pedestrians how and where they
2) Road Users System (Traffic Way User) may or may not move or stand at a
3) Traffic System – consist of the entire particular place, especially during periods
road and vehicle complex, as well as of congestion or emergencies.
traffic rules and regulations

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Hand Signals 5. Visible Observation – Stationary
observation in which observer is full
Whistle Signal view but so located, for example, at
a) One long blast for STOP Side Street, so as to require effort on
b) Two short snappy blasts for GO the part of traffic users to discover
c) Three blasts to be used for assistance the observer.
and/or for motorist to be attentive. 6. Concealed Observation – Stationary
observation in which the observer is
Traffic Patrol – Traffic patrol refers to the not visible to persons using ordinary
observation of road conditions, the power of observation form the
behavior of the drivers and other users of roadway being observed.
vehicles for the purpose of traffic supervision
and law enforcement and providing
authorized traffic-connected services to the Traffic Signs
public.
Traffic Sign-Device mounted on fixed
Purpose of Traffic Patrol support (permanent signs) or portable
1. Deterrent to violations and support (temporary signs) whereby a
dangerous driving. specific message is conveyed by means of
2. Detecting and apprehending words or symbols placed or erected for the
violators. purpose of regulating, warning or guiding
3. Observing and reporting traffic traffic.
conditions.
4. Observing and reporting road Authority for Installation
conditions, including view obstruction o Traffic signs shall be installed only
which needs attention. upon approval of the Secretary of
5. Providing certain services to the the DPWH or his delegated authority,
public. having the necessary jurisdiction for
the purpose of regulating, warning
Types/Kinds of Traffic Patrol or guiding traffic.

1. Line Patrol – Conducts observation o No traffic sign shall bear any


either in moving or stationary advertising or commercial message,
observation at a certain route or or any other message that is not
point of a major street in a city. essential to traffic control.
2. Area Patrol – Conduct observation
either by moving patrol or stationary Kinds of Traffic Signs
observation in a certain area, which
included a number of streets roads or 1. Danger Warning Signs (Caution
sections of a highway. Signs)-These signs are intended to
3. Stationary Observation – Observation warn road users of a danger that lies
of traffic condition of a selected ahead and of its nature.
place, usually one with unfavorable o This has an equilateral triangular
accident experiences for traffic law shape with one sided horizontal and
supervision. Stationary observation having red borders.
may be conspicuous, visible or
concealed, depending upon the 2. Regulatory Signs – These are round
location of the patrol unit in relation shape signs (except Stop and Yield
to the street under observation. sign) intended to warn road users of
4. Conspicuous Observation – special obligations, restrictions or
Stationary observation in whic the prohibitions with which they must
observer remains in full review of comply.
traffic conditions.

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3. Guide or Informative Signs - are traffic warned or directed to take some
intended to guide road-users while specific actions.
they are traveling or to provide them
with other useful information. a) Steady Red - STOP at the designated
o Generally rectangular in shape line
b) Steady Green-GO. Vehicles going
Types of Guide Signs straight have the right of way
a) Route markings – is usually found on c) Steady Yellow-PREPARE TO STOP Do
highways composed of several lanes not beat a yellow light.
which are going into different d) Flashing Red-Bringing vehicle to STOP
direction. at the designated line and proceed
b) Destination and distance signs – is only when clear.
usually erected on highway e) Flashing Yellow-Yield sign. Proceed
informing the motorist as to the through the intersection with
number of kilometers and at which caution..
way to take going to its place of f) Flashing Green-Vehicles facing this
destination. signal are permitted to turn left or go
c) Information signs – is usually erected through while opposing traffic faces
on highway which informs the red signal.
motorist of the establishments in the
era, such as hospitals, restaurants, Lester Wire- Developed the first world
restrooms, hotels, and other electric traffic lights in 1912 in Salt Lake City,
establishments which provide Utah USA.
services to motorist.
1918- New York City put up the first
What is Road or Pavement Markings automatic (three colored) lights then
o Refers to all lines, patterns set into the followed by Britain in 1926 until at present.
surface or applied upon or attached
to the pavement or curbing or PRESIDENTIAL DECREE No. 207
objects within or adjacent to the
roadway, officially placed for the RATIFYING THE 1968 VIENNA CONVENTIONS
purpose of regulating, warning or OF THE UNITED NATIONS ON ROAD TRAFFIC
guiding traffic. AND ROAD SIGNS AND SIGNALS,
RESPECTIVELY
INTERPRETATION OF PAVEMENT MARKINGS
The United Nations Conference on Road
a) Single yellow/white dotted line- Traffic was held in Vienna, Austria from
Overtaking is allowed at anytime October 7 to November 8, 1968 The
when clear. contracting parties to these Conventions to
b) Single yellow continuous line- which the Philippines is a signatory, have
overtaking or passing is only allowed agreed to accept the system of traffic, road
if there’s no oncoming vehicle. Not signs, signals and symbols and road
safe to pass markings described in said conventions and
c) Double Yellow Continuous line – to adopt the same.
overtaking or passing is not allowed .
d) Single Yellow Continuous line with TRAFFIC ACCIDENT INVESTIGATION
yellow dotted lines-Overtaking is NOT
ALLOWED if the yellow continuous Accident - It is the occurrence in a
line is in your lane. sequence of events which usually produces
unintended injury, death, or property
Traffic Signal Lights-It refers to power damage.
operated traffic control device by which

Review Notes in Traffic Management & Accident Investigation w/ Driving Prepared by: Jomel B. Pinera, Ph.D. Crim. Page 20
Accident (Legal meaning) – an accident is cigarette or cigar, looking at a
any happening beyond the control of a roadway or the scenery, or glancing
person the consequences of which are not at occupants of nearby vehicles.
foreseeable. d) Faulty Evasive Action – Faulty evasive
action always occurs after
(There is no criminal liability in accident perception and is the reaction of a
provided, the following requisites or driver or pedestrian to a hazardous
elements under the law must be satisfied; situation on the highway.
1. performance of a lawful act
2. with due care 2. Mediate and Early Causes – These
3. causes injury to another by mere mediate and early causes of an
accident accident are also termed condition
4. without any fault or intention of causes in formalized accident
causing it investigation procedure. A mediate
cause of an accident occurs
Traffic Accident - (traffic Collision) occurs between the early and the direct
when a vehicle collides with another causes in the time span leading to
vehicle, pedestrian, animal, road debris, or the accident, but it has a closer
other stationary obstruction, such as a tree relationship to the direct cause than
or utility pole. to the early causes. A mediate cause
should not be listed unless it explains
Elements of traffic accident the direct cause of an accident. A
1. The vehicle involved mediate cause of an accident is an
2. The highway irregular or unusual condition of a
3. The road user. vehicle, the road, the weather, or of
a road user (driver or pedestrian) that
Causes of Traffic Accident explains on of the four direct causes
1. Direct Causes – the direct causes of of an accident: initial behavior,
an accident are observable by speed, delayed perception and
witness and participants, or may be faulty evasive action.
constructed from physical evidence
found at the scene. Since a direct 3. Early Causes - An early cause of an
cause relates to the action of the accident results from the act of any
human part of the traffic unit individual, or the failure to act by any
concerned it is a behavior cause. person, which creates conditions
Usually only four direct causes are leading to the chain of events
considered in accident investigation; making up an accident.
Early cause of an accident - is an act
a) Initial Behavior - Any movement, or negligence on the part of an
position, or failure to signal intent to individual or an organization which
make a traffic maneuver that creates causes or permits a mediate cause to
a dangerous situation and is either exist.
hazardous, illegal, improper, or
unusual may be initial behavior of a Classification of Accident According to
nature justly term a direct cause of Severity:
an accident. 1. Fatal Accident – any motor vehicle
b) Speed – Too fast for conditions is the accident that results in death to one
direct cause of many accidents. or more person
c) Delayed Perception – is inattention to 2. Non-fatal Accident – any motor
the major task of operating a motor vehicle accident that results in injuries
vehicle, and occurs when the driver other than fatal (death) to one or
is distracted by conversation with more persons.
other occupants of the car, lighting a

Review Notes in Traffic Management & Accident Investigation w/ Driving Prepared by: Jomel B. Pinera, Ph.D. Crim. Page 21
3. Property Damage Accident – is any b) to locate the suspect; and
motor vehicle accident where there c) to provide evidence of his guilt.
is no death or injury to any person but
only to the motor vehicle or to other Traffic Accident Investigation can be
property including injury or death to Accomplished Through:
animal.
1. WHAT specific offense/crime has
Key Events in a Traffic Accident been committed. The purpose of
these type of questions is to find out
Key Event – means the one which what happened or what took place,
characterizes the manner of the occurrence during and immediately after the
of the traffic accident. It determines the commission of an offense.
time, place, and type of accident. 2. WHERE the crime was committed.
These are questions are necessary in
1. Point of Possible Perception – is the specifically pinpointing the particular
place and time at which the unusual location of the crime scene.
or unexpected movement or 3. HOW the crime/offense was
condition could have been perceive committed
by a normal person. 4. WHO are the parties involved in the
2. Delay in Perception or Perception offense
Time – it is the time between the point 5. WHEN it was committed; and
of possible perception and actual 6. WHY it was committed.
perception.
5 Levels of Activity in Accident Investigation
3. Prompt Perception – is the perception
of hazard which is actually nearly the 1. Reporting- Basic data collection
possible accident. 2. At-scene Investigation
4. Maximum Delayed Perception – 3. Technical Preparation- Organization
occurred when the traffic unit does for study and interpretation
not sense a hazard until he hits 4. Professional Reconstruction
another vehicle.
5. Point of No Escape – is the place and Traffic Accident Investigation Process
time after or beyond which the
accident cannot be prevented by Step One – Upon arrival at the scene of the
the traffic unit under consideration. accident get the facts from the bystanders
6. Point of Impact – is used to mean as or complainants: Answer the following (5W
the point of initial contact, sometimes and 1H):
it is considered the point of maximum a. What happened?
engagement or center of force. b. Who and what was involved?
7. Final Position – is the place and time c. When did it happen?
when the object involved in the d. Why it happened?
accident finally come to rest without e. Where did it happen?
application of power. f. How the accident occurred?

Transfer Evidence – it is an evidence found Step Two


at the accident scene that will connect to
the suspected vehicle and with the crime A. Preliminary questions to drivers:
scene. 1. Who was driving and which
vehicle?
Traffic Accident Investigation-is the 2. Look for signs of nervousness,
collection of facts in traffic accident to confusions and intoxication.
accomplish a three-fold aim: B. Gather clues for identifying hit-and-
a) to identify the suspect; run vehicles.

Review Notes in Traffic Management & Accident Investigation w/ Driving Prepared by: Jomel B. Pinera, Ph.D. Crim. Page 22
C. Question other witnesses. 2. Owner/operator of the vehicle.
D. Examine driver’s condition. C. Have photograph developed.
1. Check license and record data. D. Have specimen analyzed, if any were
2. Check registration certificate and taken, have chemical test.
record data. E. Complete the report of accident.
3. Verify ownership. 1. Have copies made if necessary.
4. Account step-by-step what 2. File report and copies.
happened. F. Complete factual data on
E. Position or condition of vehicles. investigation report if not completed
1. Lights and light switches. at the scene.
2. Gear position and tires. G. Reconstruct the accident.
3. Mark position of vehicles if they 1. Estimate speed of vehicles
must be moved. involved.
4. Look for unusual thing inside the 2. Draw scale diagram.
vehicle. 3. Analyze angle of collision.
F. Form preliminary opinion as to how 4. Get technical help if necessary.
traffic accident occurred. 5. Summarize opinions.
G. Photograph skid marks and locations
for later measuring. Traffic Accident Reconstruction (How)
H. Record place to which injured
persons or damage vehicles were or It is the effort to determine, from whatever
will be taken. information is available, how the accident
happened. Describing the event of the
Step Three – After getting short live accident, in more or less detail, is the aim of
evidence: accident reconstruction. It is important
much more if there is no eye witness to the
A. Make a test skid. incident. This involves attempting to
B. Decide whether proof of violation is determine, for each vehicle or pedestrian
sufficient for arrest. If so, make arrest involved, such particulars as:
or issue citation ticket. a) Position on the road
C. Complete examination of vehicles b) Facing or heading direction
involved. c) Speed
D. Locate key event or point of impact d) Direction travel
of accident. e) Acceleration or deceleration
E. Make additional photographs of the f) Rotation
following: g) Cause analysis
1. Vehicle damage. h) Complete report of investigation (file
2. View obstruction. report and notes)
3. Present condition. i) Inform other agencies of department
4. Control devices. of any condition at the scene which
F. Measure for scale diagram of needs attention for safety.
location.
G. Get additional facts at the scene of Step Five – If the case go to court:
the incident. A. Find out what the prosecutor wants
H. Report to headquarters by radio or to strenghten evidence.
telephone. B. Return to the scene of the accident if
necessary for the following:
Step Four – After leaving the scene: 1) Additional photograph
2) Long lived evidence.
A. Get a medical report of injuries from 3) Measurement for scale diagram
the hospital or doctor. for use of court.
B. Notify the following: 4) Look for additional witnesses and
1. Relatives of dead or injured person. review their testimony and;

Review Notes in Traffic Management & Accident Investigation w/ Driving Prepared by: Jomel B. Pinera, Ph.D. Crim. Page 23
a) Relatives and friends who
could confirm activities. Kinds of skid Marks
b) Technicians who developed 1. Pavement Grinding – is the collection
pictures, made chemical test, of many fine scratches and some
etc. larger one form by particles of gritty
c) Expert who could help. material such as stone, gravel, glass
C. Pre-trial conference with prosecutor and sometimes bit of metal
witness. embedding itself in the rubber of the
D. Testify in court. tire or in the thread pattern and
E. Organized and file papers, for future being ground or scored against the
references. road surface.
2. Tire Grinding – is the collection of
Step to Take in Case of Injury particles of rubber ground from the
1. Stop the arterial bleeding. tire surface by gritty paving,
2. Ask help if needed. especially before the tire gets hot
3. Protect the injured from exposure. enough smear. It occur on hard, dry,
4. Cordon the scene of the accident. granular surfaces, particularly
weathered or new but not traffic-
Traffic Accident Investigation Report polished cement.
A. Uniform traffic accident reporting 3. Erasing – is a clean light area where
system. a sliding tire had erased or removed
B. Preparation of traffic accident report. dirt from the pavement. Erasing is
1) By a competent bonafide traffic most likely to be found on traffic-
accident investigator. polished concrete road.
2) Requirements for an investigator in 4. Squeeze Mark – are areas where a
the submission of report such as sliding tie rubs moisture of the surface
evidence gathered, diagrams, in its path. It occurs on some kind of
sketches as well as a sworn surface as erasing except that the
statements of witnesses. surface is wet.
3) Traffic accident investigation report 5. Smear of Soft Material – materials
will be accomplished in five copies or such as snow, mud, or debris usually
more is necessary. wet smooth or spread by a sliding
a) One copy for the investigator. tire. It occurs on road covered with
b) One copy for the record section snow, or mud.
of the Traffic Management Office. 6. Smear of Bituminous Material – is
c) One copy for the office of the excess asphalt or tar, usually warm
prosecutor/court. which spread by a sliding tire this
d) One copy for the Traffic occurs in pavement patches and
Operation Center. joints in very warm weather and else
e) One copies each for the where when there is an excess of tar
insurance companies of the or asphalt bleeding to the surface.
parties involved. 7. Tire Smear – is a rubber melted from
the tire rather than material melted
Skid Marks - are marks caused by tires on from the road by a sliding tire.
roads which occur when a vehicle wheel 8. Scrub of Tire during Collision –
stops rolling and slides or spins on the collision of cars usually cause the
surface of the road. wheel to jam and prevents it from
turning. If the vehicles are moving
Importance of Skid Mark In Traffic Accident there will be a heavy scrubbing
Investigation action between tire and road
Skid marks can be analyzed to find the surface.
maximum and minimum vehicle speed prior 9. Furrow – is a ploughed depression
to an impact or incident. made by a sliding tire with material

Review Notes in Traffic Management & Accident Investigation w/ Driving Prepared by: Jomel B. Pinera, Ph.D. Crim. Page 24
piled-up on each sides and usually at 2. Enable people to appraise result to
the end. If the soil is smooth and traffic law enforcement
sticky, there may be soft material 3. Provides victim a chance to receive
smear in the bottom of the rut. compensation for injuries and losses
sustained.
Types of Ending Skid Mark
1. Overlapping Skid mark – occur when Nature of Common Hit-and-Run Cases:
the rear wheels track on top of the 1. Run over of pedestrian crossing on
front wheel marks in sliding. marked crosswalk.
2. Front Wheel Marks – are in long skids 2. Sideswiped of pedestrian on the
on hard pavement with bituminous sidewalk.
binders. Front wheels skid marks in 3. Collided with a moving vehicle while
which most of the mark is at edge of overtaking on same direction.
the tire. 4. Collided with a moving vehicle while
3. Rear Tire Marks – are relatively faint overtaking on opposite direction
because of lesser weight on the tire 5. Damage parked vehicle along the
in slowing. They may show thread roadside.
grooves when the front tire marks do 6. Crushed police road-blocks.
not. 7. Bumped stray animal on the
4. Flat Tire Scuffs – will leave marks by a roadway.
scrubbing action even without
application of brakes due to How to Delimit the Scope of Investigation
overload. from the Wide Universe of Unknown:
5. Gaps in Skid marks – are
interruptions in skid marks made by Given: A pedestrian when run-over by a
release of brake pressure and its speeding vehicle while crossing the marked
reapplication. cross-walk at 1:00 PM. Blood, splintered glass
6. Skip Skid – are skid marks that are and debris were splattered on the
broken or interrupted without brakes pavement near the victim.
being release.
7. Curb in Skid marks – are usually Unknown:
gentle slides toward the edge of the 1. the victim’s identification
road which is simply downhill. 2. the kind of vehicle
3. the make of vehicle
Hit-and-run Investigation: 4. the model of vehicle
5. the registered vehicle
Hit-and-run commonly applied to driver 6. the driver
who failed to stop after a road accident. It is 7. the eyewitness
the failure to yield to any officer within
reasonable time. The absence of informant or eyewitness is
not a plausible reason for the crime to be
Settled is the rule, that the non-stopping of unsolved. There is no perfect crime only
the driver after the accident has the legal imperfect investigation. For every crime the
presumption of evading social and moral criminals always leave imprints of his act.
responsibilities as mandated by law, in
effect, several legal actions can be filed Court Duty:
against the hit-and-run driver, among them
are: Traffic accident investigator will be
summoned to appear before the court and
A Good Reason of Bringing Hit-and-Run there and then testify to the case he had
Driver’s to Justice: investigated. The investigator must be in
1. Increase public support for traffic complete police prescribed uniform. He
work. must be fully aware of the case in issue.

Review Notes in Traffic Management & Accident Investigation w/ Driving Prepared by: Jomel B. Pinera, Ph.D. Crim. Page 25
During the trial, he will be subjected to a • Check for oil leaks on the caliper or
direct and cross examination by the piston
prosecution and the defense counsel. • Check for allowable thickness of
rotors and brake pads
DRIVING FUNDAMENTALS • Regularly wash the rotors and pads to
remove residuals or dusts
A. Before operating a motor vehicle, • After repair -- drive the vehicle and
make a round check of the following apply intermittent brake within a
(BLOWBAGETS): block
• Always check for leaks on pipes
1. Battery • Check fluid reservoir (color and odor
• Limit short rides
• Keep batteries tightly fastened 6. Accessories
• Turn off all the lights before getting off • Check for body scratches/ damages,
• Control the corrosion doors and windows, wiper, side and
• Do not use gadgets or accessories rearview mirrors, cluster instrument,
when engine is off etc.
• Check the horn, spare tire,
2. Lights early warning device, AC
• Always clean lens components, horn and seatbelt, parking
• Make sure to switch the lights ON brake, etc.
before sunset
• Switch OFF cabin lights when engine 7. Gas
is off • Avoid short trips
• Keep windshield and mirrors clean • Avoid heavy traffic
• If possible, switch to low beam lights if • Do not carry too much load
you are within 200 meters of the car • Close your windows if aircon is ON
in front of you • Accelerate smoothly
• Avoid too much tint • Shift smoothly
• Avoid using excessive lights • Follow the speed limit
• Check tire pressure
3. Oil • Check for leaks
• Check the engine oil level regularly • Avoid using different brands of fuel
and add if necessary • As much as possible, do not overfill
• Change oil at regular interval the fuel tank
• Check for oil leaks • Replace fuel tank cap, if required
• Avoid prolonged RPM to avoid oil
leaks 8. Electrical
• Check the ball joint grease, fluids and • Avoid installation of electrical
steering oil or gear oil accessories
• Accessories must be installed or
4. Water/Coolant repaired by a qualified auto
• Check the water level regularly electrician
• Avoid overfilling the reservoir to • Avoid using substandard electrical
maintain correct back pressure wires, fuse, and fuse holders
• Replace radiator cap, if required to • Never pour water on dashboard
avoid overheating when cleaning
• Do not condemn thermostat • Never do a spaghetti wire
• Always check upper and lower hose 9. Tire
• Always check the tire pressure before
5. Brake leaving or every scheduled stop
• Check for oil leaks on the brake • In the absence of a chart, usually
master cylinder situated near the driver seat, the

Review Notes in Traffic Management & Accident Investigation w/ Driving Prepared by: Jomel B. Pinera, Ph.D. Crim. Page 26
ideal maximum tire pressure when of the steering wheel. You must be on the
cold is minus 4 psi right distance and sitting position from the
• The common tire problems are due steering wheel.
to toe-in or toe-out. This may be
observed after a long trip 2) DRIVING ON THE ROAD
• Rotate the tires at 45 degrees
whenever the vehicle has been 1. TRAFFIC LIGHTS AND SIGNALS
parked. This will prevent cracks on
sidewalls a) RED SIGNAL means you must bring
your vehicle to a STOP at a marked
10. Self line.
• Be physically fit and mentally b) FLASHING RED SIGNAL means bring
prepared before sitting on driver's your vehicle to a STOP and proceed
seat and touching the steering wheel only when it is safe.
c) YELLOW / AMBER SIGNAL indicates
BLOWBAGETS is a simple do-it-yourself motor that the RED signal is about to
vehicle inspection to avoid road crashes appear.
and breakdowns. d) FLASHING YELLOW LIGHT means slow
down and proceed with caution.
B. Document check e) GREEN SIGNAL means you can
1. Driver’s license proceed, provided you yield to
2. CR/OR pedestrian and traffic lawfully using
3. Certificate of public the intersection.
conveyance/franchise (PUV) f) FLASHING GREEN SIGNAL means
proceed with caution and be
BEFORE STARTING THE ENGINE prepared for pedestrians who
might cross the street. This signal is
Manual Clutch - be sure that the gear is in usually seen on intersections where
neutral position before starting. Know pedestrian crossing button is
the gear shift operation of the vehicle 1st available.
2nd, 3rd, 4th, 5th gear, neutral and reverse.
3) BRAKING
Automatic Clutch -make sure that the
shifting lever is at parking position. PROPER BRAKING
• Do not rest your one arm on the Avoid tailgating. Staying too close to the
window vehicle in front of you leaves no room to
• Make sure you are seated maneuver whenever there is obstruction on
comfortably your lane.
• Adjust the seat and rearview mirror so
that you can use it without having to Maintain a safe distance when following a
lean forward or backward vehicle. This will give you adequate space,
• Adjust side mirrors time to react and to stop safely.
• Remove everything that blocks your
view BRAKING DISTANCE - It is the distance
• Make sure to wear your seat belt and travelled from the time you start to activate
advise passenger to do the same the brakes until you bring the vehicle to a
• Lock all doors stop. The vehicle running at 100 kph in an
ideal condition can travel 60 meters
C. STARTING TO DRIVE when applying a full brake.

1) STEERING PERCEPTION and REACTION DISTANCE


Hands grip on the steering wheel at a 9:3 or Allow extra braking distance. It takes a
10:2 position to have a good and full control split second for your reflexes to respond

Review Notes in Traffic Management & Accident Investigation w/ Driving Prepared by: Jomel B. Pinera, Ph.D. Crim. Page 27
and the brain to react from the time you see and to or from abutting lands, except
a potential hazard. A vehicle running at such designated entry/exit
at 100 kph has a perception distance of points/interchanges.
20 meters. 2. It is unlawful to remove or cause the
removal of right-of-way fences along
TOTAL STOPPING DISTANCE the sides of the Limited Access
Take into consideration your perception Facilities.
distance, reaction distance and braking 3. A person or group of persons is not
distance based on your speed to come allowed or permitted to stand, stop,
into a total stopping distance. A vehicle load, unload, or park a vehicle in the
running at 100 kph has a total stopping Limited Access Facilities except in
distance of 80 meters on a full brake. designated places.
4. In case of vehicle emergency,
TWO or THREE SECOND RULE breakdown or accident, impaired
vehicle/s shall be removed from the
The two or three second rule is an informal travel way by authorized towing
rule by which a driver must maintain a safe operators without delay at the
distance at any speed. The rule is that a expense of the owner and/or driver.
driver should ideally stay at least two or 5. The following vehicles are not
three seconds behind any vehicle that is allowed to enter the Expressway at
directly in front. It is not a guide to safe any time:
distance but more of a guide to reaction a) Motorcycles (below 400 cc),
time. tricycles, all kinds of scooters and
bicycles; exceptions - only 1
The practice has been shown to back ride is allowed; helmets must
considerably reduce the risk of road crash be worn at all time
and the severity of any injury if a collision b) Vehicles being towed, except
occurs. It also helps avoid tailgating or those which are being removed
road rage for all drivers, since tailgating from the expressway
gives lesser collision avoidance time and c) Dilapidated and not roadworthy
driver reaction time. vehicles (i.e., vehicles without
headlights, taillights, brake lights,
The safe distance is measured in time vehicles with misaligned chassis,
(seconds) rather than meters as it can be bald tires, etc.)
difficult to accurately judge distances while d) Smoke belchers (as per Clean Air Act
driving and what counts as a safe distance R.A. No. 8749)
varies depending on speed. e) Trucks carrying construction
aggregates (including sand, gravel,
While Driving it is very important to follow the and fill materials) not leveled and/or
following traffic rules: without cover
f) Vehicles with cargo not battened
a) Rules on speed limit down and/or not firmly fastened
b) rules on right of way
c) rules in parking 6. Lane No. 1 (innermost lane) or the
d) rules in passing, overtaking lane nearest the Median Barrier or
e) rules in starting, stopping, turning Median shall be used only for
f) rules in parking overtaking another vehicle but within
the allowed speed. Overtaking
EXPRESSWAY RULES AND REGULATIONS vehicles, however, do not have right-
of-way. Cargo trucks, buses, and
1. No person or vehicle shall have any slow-moving vehicles are NOT
right of ingress or egress to, from or allowed in Lane No. 1 at all
across the Limited Access Facility times.

Review Notes in Traffic Management & Accident Investigation w/ Driving Prepared by: Jomel B. Pinera, Ph.D. Crim. Page 28
7. The owner/driver of the vehicle
shall be responsible for the
payment of damages to
expressway property such as rail
guards, lamp post, perimeter fence,
median barrier, building, etc. The
dues shall be assessed by the
responding/ apprehending officer
and paid to the Manila North
Tollways Corporation.
8. Speed limits (except in areas where
specific speed limits are posted)
a) Minimum: 60 kph
b) Maximum: 100 kph

Lane
exact Lane Permitted Vehicles
Direction
Vehicles from lane 2 may use
1 this lane for passing and
overtaking
2 Passenger cars, small and
4 Lanes medium passenger buses,
freight vehicles with under -1.5
cargo
3 Large passenger bus and
freight vehicle with over -1.5
cargo EXPRESSWAY DRIVING TIPS
4 Special vehicles and
construction equipment
1 Vehicles from lane 2 may use
1) Look ahead, enter slowly, and
this lane for passing and accelerate before merging.
overtaking 2) Drive in designated lanes.
3 lanes 2 Passenger cars, passenger 3) Slow down at the entry and exit tolls.
buses, freight vehicles with
4) Do not slam on the brake in case of
under -1.5 ton cargo
3 Freight vehicles with over -1.5 tire blowout or a flat tire.
ton cargo, special vehicles, 5) Maintain safe distance.
construction equipment 6) Be aware of crosswinds.
2 lane 1 Lane for passing or overtaking 7) Rest in a safe place when tired or
2 All ehicles sleepy. Don't take chances •do take
a break.
8) Never provoke an aggressive driver.
9) Switch on hazard warning light
only when stopping for
emergencies.
10) Plan at least 1 km ahead of the exit
toll.
11) Slightly press the brake when
approaching the toll gate.
12) Keep tickets and cash (e-cards)
within reach.
13) No distractions - avoid using mobile
phones and chatting with
passengers.
14) Never stare at the oncoming
headlights.

Review Notes in Traffic Management & Accident Investigation w/ Driving Prepared by: Jomel B. Pinera, Ph.D. Crim. Page 29
15) Never stare or look at the eye of 3) Avoid retaliation
the other driver when overtaking. 4) Put away your pride and forget
16) Say/indicate, "sorry" if a mistake is about winning
committed.
17) Say/indicate, "thank you" if the right- Always think of the consequences of your
of-way is given to you. actions that might result to emotional
18) Be calm but aware and alert. setback, losing your car, your license, and
having to pay exorbitant damages, loss of
VEHICLE MAINTENANCE career, and worst, in a jail or in the
cemetery.
PROACTIVE VEHICLE MAINTENANCE is a
procedure where a driver of a vehicle DEFENSIVE DRIVING
undertakes due diligence in the
advance checking of his/her vehicle based Defensive driving is the practice of using
on the service manual. Proactive is the driving techniques to minimize risk and help
exact opposite of reactive maintenance. avoid road crash. It is an appropriate
demonstration of attitude, awareness and
CORRECTIVE MAINTENANCE is a procedure driving skills.
where a mechanic performs corrective
measures or repairs based on the finding Tips for Defensive Driving
of preventive maintenance.
1) Follow the speed limit taking into
PREVENTIVE MAINTENANCE differs with consideration the weather and
proactive maintenance in terms of traffic conditions.
scheduling of work or job to be done. 2) Look ahead to have an advance
Preventive is the replacement of identified plan in instances of road crash,
parts as a result of inspection to avoid emergencies, and the likes.
breakdowns while proactive is to perform 3) Follow the Law on Anti-Distracted
measures as stated on the service manual Driving.
of the vehicle. Given a certain period of 4) Follow the rules on changing lanes,
time or distance travelled, specified parts turning, stopping, and parking even
are due for replacement or service. Thus, without the presence of traffic
proactive maintenance is encouraged. signals, signs, or enforcers.
5) Consider the length, width, and
Below are common troubles that a driver weight of the vehicle in a safe
may experience in the absence of a distance driving.
proactive maintenance: 6) Respect the rights and decisions of
other road users.
ROAD RAGE- An assault provoked by an 7) Give the right-of-way to pedestrians
incident that occurred on a roadway where such as PWDs, Senior Citizens,
there is an aggressive driver and a victim. Children, Pregnant Women, Road
Workers, and the likes.
A driver must not do the following acts: 8) Give the right-of-way to priority
1) Cutting off other motorists vehicles such as emergency vehicles.
2) Rude gestures 9) Yield the right-of-way to ascending
3) Tailgating vehicles, school service, and
4) Annoying blowing of horn vehicles with lesser steering radius,
5) Obstructions (indiscriminate vehicles that are already turning left,
loading/unloading, straddling, etc.) vehicles on yellow boxes and the
likes.
TIPS TO AVOID ROAD RAGE:
1) Do not be aggressive and keep calm
2) Maintain a safe distance

Review Notes in Traffic Management & Accident Investigation w/ Driving Prepared by: Jomel B. Pinera, Ph.D. Crim. Page 30
THE DOCTRINE OF LAST CLEAR CHANCE before opening your car to avoid property
damage or personal injuries.
States that a person who has the last
chance or opportunity of avoiding a road LAW ENFORCEMENT OFFICER
crash, despite the negligent acts of his • If stopped by an enforcer, safely
opponent, is considered in law solely pull over to the extreme right.
responsible for the consequences of the • Stay in the driver's seat. Do not get
road crash. out of the vehicle unless asked or
directed.
Example: • Keep your hands visible. Sit calmly
1) A truck on the right side of the lane is and follow the officer's instructions.
followed by a motorcycle while on • Be ready to present your driver's
the opposite direction is an license and motor vehicle
oncoming bus. registration.
2) Then the motorcycle tries to
overtake the truck by swerving to the EMERGENCY BRAKING
opposite lane thereby colliding on
the oncoming bus. 1) When the brake fails, rapidly pump
3) If the bus is at a reasonable distance the brake pedal several times to build
from the overtaking motorcycle brake fluid pressure. But for the car
where the driver of the bus still has equipped with an anti-lock braking
the opportunity to avoid the system, do not pump the brake.
motorcycle but he did not do so, the 2) Shift to a lower gear.
driver of the bus is jointly liable under 3) Sound your horn and flash your lights
the doctrine of last clear chance. if you cannot slow your vehicle to
4) The driver of the bus, who finally alarm pedestrians or other motorists.
caused the road crash, had the last 4) Sporadically use the parking brake to
clear opportunity of avoiding the slow down the vehicle.
motorcycle but he did not yield to
the motorcycle. HYDROPLANING
The different substances contained in a dry
ROAD SHARING road such as a layer of tar, rubber, and oil
mix up becomes slippery when the road
A. Pedestrians becomes wet.
➢ Give way to pedestrians at crossings,
pavements, and intersections. Slow • Slow down and drive in lower gear.
down where there is a high volume of • Stay away from mud or stagnant
pedestrians. Those with disabilities water.
may need extra time to cross a road. • Do not jam the brake pedal.
Exercise extreme caution in • Do not make a sharp or quick turn.
approaching the pedestrian lane.
FLOODED ROAD
B. Motorcyclists/Cyclists
➢ Be alert in passing The driver must do the following:
motorcyclists/cyclists by always 1. Be aware, calm, and ready.
checking the obstructions in front 2. Do not step on the brake as much as
of their vehicle, behind it and to possible.
each side. Always leave enough 3. Reduce speed by releasing the
space when overtaking a accelerator pedal.
motorcyclist. Give way to • their 4. Gently step on the brake pedal after
designated lane. Check if there are passing the road to dry the brake
cyclists/motorcyclists pad, rotors, linings, and drums.

Review Notes in Traffic Management & Accident Investigation w/ Driving Prepared by: Jomel B. Pinera, Ph.D. Crim. Page 31
SKIDDING 2. Do not put water on diesel or
Most skids happen when a driver tries to gasoline.
turn quickly or stop suddenly on a 3. Use appropriate fire extinguisher
downhill, curb or slippery pavement (wet, (ABC).
gravel, sand on the highway). 4. If you cannot stop the fire, leave the
vehicle.
1. Do not use your brake, if possible.
2. Take off your foot on the gas pedal. AVOIDING COLLISION WITH VEHICLE
3. Identify your escape route and AHEAD
slightly turn the wheel in the direction
you want to go. a) SEARCH the road ahead, around and
4. Then, straighten the wheels to bring at the rear of the vehicle
the vehicle under control b) IDENTIFY the potential and
immediate hazard on the road
TIRE BLOWOUT c) PREDICT the actions of other road
1. Take your foot off the accelerator users
pedal. d) DECIDE what to do to avoid an
2. Do not slam on the brakes. unsafe situation
3. Hold on to your steering wheel. e) EXECUTE the action based on your
4. Slow down gradually. decision
5. Apply the brake softly whenever the
vehicle is under control. AVOIDING COLLISION WITH VEHICLE BEHIND
6. Pull the vehicle to the safe side of • Signal your intention. Use your brake
the road once you have slowed to a lights and signal lights to
safe speed. communicate. Give time for the
driver behind you to adjust to your
JAMMED GAS PEDAL intentions.
1. Release the accelerator pedal • Stop smoothly. Keep ample
2. Shift to neutral. distance from the vehicle ahead of
3. Firmly press the brake pedal to slow you.
the vehicle. • Allow tailgaters to pass you before
4. Do not shut off the engine, you may slowing down.
lose the ability to steer the vehicle.
5. Maneuver the vehicle to a safe area. PAVEMENT DROP-OFF
6. Stop and shut the engine off Your effort to steer back onto the road
if your front wheel has dropped off the
SUBMERGED VEHICLES pavement can send you swerving into the
Get out of the vehicle immediately. The path of an oncoming vehicle unless you
vehicle will only float on the surface for follow these steps:
about 30 -- 60 seconds if you crash in a river
or other bodies of water. a) Do not panic and do not slam on the
brakes.
ROAD CRASH b) Slow down to a safe speed and keep
1. Stop. your vehicle on a straight course.
2. Turn on hazard flashers. c) Check for opening in traffic and
3. Check yourself and your passengers steer slowly back onto the pavement
or other road users. at a slight angle.
4. Take photos of the road crash. d) Straighten the wheel position
5. Call the local law enforcement immediately as the front wheels
officers. contact the pavement.

FIRE Hazards refer to any temporary structures,


1. Call for assistance. road construction materials, scrap materials,

Review Notes in Traffic Management & Accident Investigation w/ Driving Prepared by: Jomel B. Pinera, Ph.D. Crim. Page 32
even trees and bushes that may cause road emission compliant vehicle
crash. (BLOWBAGETS/BLOWBAGA).
7) Ensure that the vehicle is kept clean,
Take appropriate precautions when tidy and in good running condition at
encountering hazardous driving conditions, all times.
such as: 8) Be knowledgeable on what to do
and act in case of road crash.
Fixed Hazards - structures along the 9) Be knowledgeable on the rights and
roadway that may restrict your vision in privileges of a driver's license holder.
areas such as curves, hills and hidden 10) Always observe road safety,
driveways, intersections, and merging discipline, and courtesy.
roadways. 11) Be in a healthy condition.

Dynamic Hazards - hazards that may **END**


change through the day such as school
zones, market areas, and other commercial
districts. These also include emergency “PASSING THE BOARD EXAM IS A KEY OF
vehicles. UNLOCKING THE DOOR OF YOUR BETTER
FUTURE”.
Rights, Duties and Responsibilities of Drivers JBP

During an apprehension, all drivers are


entitled to their right to:

1) Know the complete name and


agency of the Apprehending Traffic
Officer.
2) Know the exact alleged traffic
violation.
3) Know how and when to pay the
violation.
4) Contest within a prescribed period.
5) Explain the circumstances behind
apprehension.

General Responsibilities of a Driver

A responsible driver must:


1) Secure an appropriate driver's license
and carry it at all times while
operating a motor vehicle.
2) Know, follow, and abide by the land
transportation laws, rules and
regulations.
3) Be a defensive driver.
4) Ensure that the vehicle is duly
registered.
5) Secure and safeguard the vehicle
until it is returned to the designated
location.
6) Regularly conduct proper
inspection for a roadworthy and

Review Notes in Traffic Management & Accident Investigation w/ Driving Prepared by: Jomel B. Pinera, Ph.D. Crim. Page 33

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