Sometimes knowing what not to do, is just as important as knowing what to
do.
If you plan to get your driver's license in 2023, you're probably looking forward to getting that awesome 10 years validity. The question is - are you qualified?
If you plan to get your driver's license in 2023, you're probably looking forward to getting that awesome 10 years validity. The question is - are you qualified?
According to Republic Act 10930, the 10-year driver's license can be given to drivers with no "demerit points" on their driving record or who have not committed any violation of the Land Transportation and Traffic Code.
All applicants with traffic violation records will only get the 5-year validity of Driver’s License.
What is the LTO demerit system?
The "demerit system" helps the Land Transportation Office (LTO) keep an eye on all drivers’ records. It will also determine who among who is righteous enough to get hold of the much-sought-after 10-year license validity.
The number of demerit points depends on the violation. Grave Violations are worth 5 demerit points each, Less Grave Violations worth 3 demerit points, and Light Violations worth 1 demerit point.
Accumulating at least 5 demerit points will require a driver to take a complete reorientation course by the LTO before he is allowed to renew his license. Having 10 or more demerit points, meanwhile, will oblige him to pass the theoretical examination on top of the reorientation course.
Finally (last but definitely not the least!), a driver who accumulates at least 40 demerit points means an automatic revocation of his license, and will be disqualified from renewal for two years from the date of his settlement of all fines and penalties.
Note that drivers of public utility vehicles (PUV) will get DOUBLE demerit points for every traffic violation committed while using a PUV.
Meanwhile, student-permit holders who accumulate at least 5 demerit points during the validity of their permits will have their permits revoked -- and will be banned from applying for a license for one year.
On the brighter side, accumulated demerit points go somewhat on "auto-delete" once a driver renews his license. It's a clean slate and everything goes back to zero again. But rejoice not, as these past demerits shall remain as a permanent record with the LTO, which could be used in the future against the driver for whatever legal purpose the agency may think of. Nasty!
Here is a complete list of the LTO violations and the demerit categories they fall under.
GRAVE VIOLATIONS (5 demerit points):
- Driving a motorcycle with a child onboard on public roads (third and succeeding offenses)
- Using a mobile communications device or an electronic entertainment or computing device while driving a motor vehicle—in motion or temporarily stopped at a traffic light or any intersection (third and succeeding offenses)
- Failure to wear one’s seatbelt and/or failure to require one’s passenger(s) to wear his/her/their seatbelt (third and succeeding offenses)
- Failure to wear one’s motorcycle helmet and/or failure to require one’s back rider to wear his/her motorcycle helmet (third and succeeding offenses)
- Smoke-belching (third and succeeding offenses)
- Reckless driving (third and succeeding offenses)
- Driving a motor vehicle used in the commission of a crime, upon conviction by a regular court of competent jurisdiction
- Commission of a crime in the course of apprehension, upon conviction by a regular court of competent jurisdiction
- Colorum violation
- Driving a motor vehicle while under the influence of alcohol, dangerous drugs and/or similar substance, upon conviction by a regular court of competent jurisdiction
- Axle overloading
- Driving an unregistered motor vehicle
- Driving without a valid driver’s license
- Submission of fake documents when applying for or renewing a driver’s license
- Disregarding traffic signs
- Overtaking when the left side is not visible or clear of oncoming traffic
- Overtaking at a curve
- Overtaking at an intersection
- Overtaking in a no-overtaking zone
- Overtaking within unsafe distance
- Overtaking at any railway crossing
- Overtaking upon a crest or grade
- Failure to give way to an overtaking vehicle
- Cutting an overtaken vehicle
- Increasing speed when being overtaken
- Failure to yield right of way to the vehicle on the right when vehicles arrive at an intersection at approximately the same time
- Driving a motorcycle and carrying more passengers other than the back rider, or cargo other than the saddle bag or those on luggage carriers
- Presentation of fake or spurious CPC, OR/CR, plates, stickers or tags
- Operating a vehicle with defective, improper or unauthorized accessories, devices, equipment or parts
- Carrying illegal or prohibited cargo
- Unauthorized motor vehicle modification
- Operating a right-hand-drive motor vehicle
- Driving against the flow of traffic
- Fraud in relation to the registration (or renewal of the registration) of the motor vehicle
- Similar acts punishable under local ordinances
LESS GRAVE VIOLATIONS (3 demerit points):
- Driving a motorcycle with a child onboard on public roads (second offense)
- Using a mobile communications device or an electronic entertainment or computing device while driving a motor vehicle—in motion or temporarily stopped at a traffic light or any intersection (second offense)
- Failure to wear one’s seatbelt and/or failure to require one’s passenger(s) to wear his/her/their seatbelt (second offense)
- Failure to wear one’s motorcycle helmet and/or failure to require one’s back rider to wear his/her motorcycle helmet (second offense)
- Smoke-belching (second offense)
- Reckless driving (second offense)
- Obstruction
- Parking at an intersection, within 5m of the intersection, 4m from a driveway entrance, within 4m from a fire hydrant, in front of a private driveway, on the roadway side of any parked motor vehicle at the curb or edge of the highway, or at any place where no-parking signs are installed
- Allowing passengers on top of the motor vehicle
- Failure to dim headlights when approaching another motor vehicle
- Hitching or permitting a person, a bicycle, a motorcycle, a tricycle or a skateboarder to hitch to a motor vehicle
- Failure to pass to conduct the motor vehicle to the right of the intersection of the highway when turning to the left in going from one highway to another
- Failure to yield right of way to a pedestrian at a pedestrian crossing
- Failure to stop before traversing a “through highway” or railroad crossing
- Failure to yield right of way to an ambulance, a police car or a fire truck
- Failure to yield right of way at a “through highway” or a “stop intersection”
- Failure to stop engine and engage handbrake when vehicle is unattended
- Failure to attach or tampering with license plates
- Load-extending beyond projected width without permit
- Operating a passenger bus or truck with cargo > 160kg
- Refusal to render service to the public or convey a passenger to a destination
- Trip-cutting
- Other violations in connection with motor vehicle registration (or renewal)
- Similar acts punishable under local ordinances
LIGHT VIOLATIONS (1 demerit point):
- Driving a motorcycle with a child onboard on public roads (first offense)
- Using a mobile communications device or an electronic entertainment or computing device while driving a motor vehicle—in motion or temporarily stopped at a traffic light or any intersection (first offense)
- Failure to wear one’s seatbelt and/or failure to require one’s passenger(s) to wear his/her/their seatbelt (first offense)
- Failure to wear one’s motorcycle helmet and/or failure to require one’s back rider to wear his/her motorcycle helmet (first offense)
- Smoke-belching (first offense)
- Reckless driving (first offense)
- Driving in a place not intended for traffic, or into a place not allowed for parking
- Failure to carry a driver’s license or the OR/CR while driving a motor vehicle
- Overtaking on “men working” and “caution” signs
- Failure to yield right of way to vehicle within such intersection or turning therein to the left across the line of travel of the first mentioned vehicle when such vehicle has given a plainly visible signal of intention to turn
- Failure to provide a canvas cover to cargo or freight trucks requiring the same
- Failure of a vehicle entering a highway from a private road to yield right of way to all vehicles approaching on said highway
- Failure to give proper sign
- Failure of the driver of a motor vehicle intending to run to the right at an intersection to approach said intersection in the lane for traffic nearest to the right-hand side of the highway and, in turning, to keep as close as possible to the right-hand curve or edge of the highway
- Failure of the driver of a motor vehicle intending to run to the left to approach such intersection in the lane for traffic to the right of and nearest to the center line of the highway and, in turning, to pass to the left of the center of the intersection except upon highway lane for traffic and upon one-way highway
- Unsafe towing
- Overcharging/undercharging of fare
- No franchise or certificate of public conveyance carried inside PUV
- Fast, tampered or defective taxi meter, or operating without a sealed or with an old taxi meter
- Tampered, broken, joined, reconnected, fake or altered sealing wire
- Failure to provide fare discount to those entitled to it under existing laws and pertinent memorandum circulars of the LTFRB
- No signboard
- Pick-up and drop-off of passengers outside the terminal
- Failure to display fare matrix
- Failure to display the International Symbol of Access inside a PUV, failure to designate seats specifically for the use of persons with disabilities, or failure or refusal to transport PWDs
- Breach of franchise conditions under the 2011 revised terms and conditions of the certificate of public conveyance
- Failure to display a “no smoking” sign and/or allowing personnel or passengers to smoke inside the vehicle
- All other violations not mentioned above or in the other categories of violations
- Similar acts punishable under local ordinances
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