Salient Features of RA 4136

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SALIENT FEATURES OF REPUBLIC ACT NR.

4136

EXCEEDING REGISTERED CAPACITY (OVERLOADING)

● Passengers, freight or cargo load of a motor vehicle should not be more than
its registered carrying capacity.
● Conductors of public utility trucks or buses are held liable for the overloading
of vehicles under their charge.
● All passengers‘ automobiles for hire are required to have the registered
passenger capacity marked plainly and conspicuously on the sides thereof in
letters and numerals not less than 5 cm. in height.
● Motor trucks for passengers or freight, private or for hire, shall have the
registered passenger or freight gross and net weight capacities marked plainly
and conspicuously on the sides thereof in letters and numerals not less than 5
cm in height.

CARGO CARRYING DEVICES


The construction of devices for carrying cargo at the rear or sides of trucks may
be allowed, subject to the approval of the Commissioner, but the total net weight of
the device, including cargo, must not exceed 100 kilos.

RIDING ON RUNNING BOARD


It is strictly prohibited, except for conductors collecting passenger fare.

RIDING ON TOP OF THE MOTOR VEHICLE


Passengers shall not be allowed to ride on top of motor vehicles, but baggage or
freight may be carried on top of the truck, provided that the weight thereof is not
more than 20 kilos per square meter distributed in such a way as not to endanger-
passengers or the vehicle's stability.

REQUIRED MOTOR VEHICLE ACCESSORIES

TIRES. Motor vehicles having metallic tires are prohibited from operating on any
public highway. If the tires are solid, it should be thick enough to present the metal
rims from touching the road.

BRAKES. Every motor vehicle with tour or more wheels shall be provided with dual
hydraulic brake system so that in case of hydraulic line failure affecting the braking
efficiency of any of the four wheels at least either the front or rear wheels shall retain
normal braking capabilities.

HORN. Every motor vehicle shall be provided with a horn or signaling device in good
order. Provided, however, that no horn or signaling device emitting exceptionally
loud, startling, or disagreeable sound shall be installed or used on any motor vehicle.

HEADLIGHTS. The vehicle should have two (2) headlights, one on each side, which
must be dimmed when meeting another vehicle.
TAII LIGHTS. These are installed at the rear portion of the vehicle which should be
visible at least 100 meters away.

STOP LIGHTS. Installed also at the vehicle's rear.

WINDSHIELD WIPERS. Every motor vehicle shall be equipped with a mechanically or


electrically operated device for wiping off raindrops or other moisture from its
windshield.

USE OF RED FLAG. Whenever the load of any vehicle extends more than 1 meter
beyond the bed or body thereof, there shall be displayed at every projecting end of
such load, o red flag not less than 30 cm. both in length and width.

MUFFLERS. Every motor vehicle propelled by 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 district or barrio, the muffler shall not be
cut out or disconnected. No motor vehicle shall be operated in such a manner as to
cause it to emit or make any unnecessary or disagreeable odor, smoke or noise.

HITCHING ON TO A VEHICLE
a) Hanging on to or riding on the outside or rear end of any vehicle.
b) Holding on to any motor vehicle whether on foot or otherwise.
c) Driver allowing any person to hang on to or ride outside of or at the rear end
of the vehicle.

OBSTRUCTION OF TRAFFIC
Obstruction of traffic by operating a motor vehicle in such a manner as to
obstruct, block, or impede the passage of another vehicle is prohibited. This
prohibition applies even when discharging or loading passengers.

RECKLESS DRIVING
It is primarily dangerous drivers conduct and attitude which indicate a lack of
concern. It is not a specific act on itself, but a manner and character of driving -
indicating the driver's indifferent state of mind with regard to consequence
(Valdueza, 2013).

GENERAL RULE OF ROAD USE AND CONDUCT

RESTRICTION AS TO SPEED
Any person driving a motor vehicle on a highway shall drive the same at a careful
and prudent speed, not greater nor less than is reasonable and proper, having due
regard for the traffic, the width of the highway and of any other condition then and
there existing; and no person shall drive any motor vehicle upon a highway at such
speed as to endanger the life, limb and property of any person, nor at a speed greater
than will permit him to bring the vehicle to a stop within the assured distance ahead.

EXCEPTION TO THE SPEED LIMIT


1. A physician or his driver when the former responds to emergency calls.
2. The driver of a hospital ambulance on the way to and from the place of
accident or other emergency.
3. Any driver bringing a wounded or sick person for emergency treatment to a
hospital, clinic, or any other similar place.
4. Any driver of a motor vehicle belonging to the Armed Forces while in use for
official purposes in times of riot, insurrection or invasion.
5. The driver of a vehicle, when he or his passengers are in pursuit of a criminal.
6. A law-enforcement officer who is trying to overtake a violator of traffic laws.
7. The driver officially operating a motor vehicle of any fire department provided
that exemption shall not be construed to allow useless or unnecessary fast
drivers aforementioned.

MAXIMUM ALLOWABLE SPEED

Passenger Cars and Motor Trucks


Type of Roadway
Motorcycles and Buses
On open country roads, with no blind corners not
80 km 50km
closely bordered by habitations.
On “through streets” or boulevards clear of traffic,
40 km 30km
with no blind corners, when so designated.
On city and municipal streets, with light traffic,
30km 30km
when not designated “through streets”.
Through crowded streets, approaching
intersections at “blind corners”, passing school
20km 20km
zones, passing other vehicles which are stationary,
or for similar dangerous circumstances.

LATERAL PLACEMENT
It refers to the proper positioning of the motor vehicle while traversing on a
traffic way or while parked.

DRIVING ON THE RIGHT SIDE OF THE HIGHWAY


All vehicles, whether motorized, animal-drawn or muscle powered, shall use the
right side of the road when meeting persons or other vehicles coming from the same
direction. (Section 37, RA 4136)

OVERTAKING A VEHICLE
In overtaking another vehicle, a driver should pass at a safe distance to the left of
the vehicle being overtaken and shall resume driving on the right side of the road
only after passing clear of the overtaken vehicles.

Exception: On the highway with two or more lanes where traffic goes in one
direction, another vehicle may be overtaken on the right.

GIVING WAY TO OVERTAKING VEHICLES


The driver of a motor vehicle about to be overtaken must give way to the
overtaking vehicle and shall not increase his speed until the overtaking vehicles has
fully passed by.

RIGHT OF WAY
This principle refers to the legal customary precedence (priority in place or time)
which allows one vehicle to cross or pass in front of another.

RIGHT OF WAY RULES


1. In case of two vehicles approaching or entering an intersection at the same time,
the driver of the vehicle on the left shall yield the right of way; however, the driver
of any vehicle who travels at an unlawful speed forfeits this right. (Section 42, a)
2. In case of a vehicle approaching but has not yet entered the intersection, its driver
shall yield the right of way to vehicle already within such intersection or turning
therein to the left across the line of travel of the first mentioned vehicle. (Section
42, b)
3. In case of a vehicle on a highway within a business or residential district, its driver
shall yield the right of way to pedestrian crossing the highway within crosswalk,
except at intersection where traffic is regulated by a peace officer of a traffic
signal. If there is no crosswalk, pedestrian shall yield the right of way to vehicles
on the highway. (Section 42, c)
4. In case of vehicle traversing on a through-highway, its driver should bring it to a
full stop before crossing. However, if it is clear and no hazards exist, the vehicle
may slow down to 5 miles per hour instead of a full stop. (Section 42, d)

EXCEPTION TO THE RIGHT OF WAY RULES


Right of way rules do not apply in the case of a vehicle entering a private road or
driveway, the right of way is in favor of all vehicles utilizing the highway. (Section 43)

MAKING A RIGHT TURN (NORMAL PROCEDURES)


1. Signal your intention to turn right with your turning signal light or hand signal at
least 100 ft. before you intend to make a turn.
2. Stay on the right lane of the road.
3. Never make a right turn from the left lane.
4. At an intersection with a red traffic light, make a right turn only after coming to a
full stop to make sure that no vehicles are coming from the left.
5. If there is a sign prohibiting a right turn unless there is green, do not turn right
while the red light is on.

MAKING A LEFT TURN (NORMAL PROCEDURES)


1. Signal your intention to turn left with your turning signal at least 100 ft. before you
intend to make your turn.
2. Stay on the left lane of the road.
3. At an intersection with a traffic light, vehicles going straight have the right of way.
Wait for them to pass first before you turn left.
4. At an intersection with a traffic light, make a left turn only when the green light is
on or when there is a left turn light.

MAKING A U-TURN
Recommended Procedures: (Two Lane Road)

1. Make a right turn signal at least 100 ft. before you start moving to the right side of
the road.
2. Stay as close to the right side as possible. Come to a complete stop if necessary.
Check behind you for traffic. Also check for oncoming traffic on the other lane.
3. Once all traffic has passed you, initiate your U-turn. See to it that you can make it
on one sweep. If you have a long vehicle, look for an intersection or a wide section of
the road to make a U-turn in.
4. At this point, you should be making the U-turn if you know the turning radius of
your vehicle.
5. Do not move immediately to the middle of the road. Keep to the right side until
you have increased your speed sufficiently to move to the middle of the lane.

Recommended Procedures: (Four Lanes Highway)

1. Check for a traffic light behind you and indicate your intentions with a left turn
signal. Stay on the left lane if there are no fast moving vehicles.
2. Clear the other side for oncoming traffic and initiate your turn as soon as it is clear.
Do not come to a complete stop.
3. Straighten out on the right lane and begin gaining speed.

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