Traffic Adjudication Board (for complaints relative to the apprehension)
Technical Committee on Complaints (TCC) (for complaints relative to the Traffic Enforcer’s apprehension manners)
Learning where and how to contest an alleged traffic violation is an important part of being a driver. After all, the thought of having to pay the hefty fines imposed by the Land Transportation Office (LTO) and the Metro Manila Development Authority (MMDA) to traffic violators is no joke. Sure, you’re bound to commit one or two violations in your lifetime, but when you are slapped with what you perceive to be an “unjustly-issued” traffic ticket, you’d want to know the appropriate place to go crying for help or to raise hell.
If you want a short answer, then contesting an alleged traffic violation can be done in different places, depending upon the issuer and the type of complaints that you have. For LTO-issued traffic tickets, you may go to either the Cashier at the Central Office, the Operations Division of the LTO Regional Offices, or the LTO District or Extension Offices with Law Enforcement and Traffic Adjudication Service (LETAS) functions. For MMDA-issued traffic tickets, complaints can be made at either the Traffic Adjudication Board office (for complaints relative to the apprehension) or the Technical Committee on Complaints (TCC) (for complaints relative to the Traffic Enforcer’s apprehension manners). You wouldn’t want to go to these places for no good reason though, as it is really quite inconvenient to do so.
Contesting an alleged traffic violation is a normal process. After all, with the hefty fines and inconvenient penalties imposed towards violations on the road, filing complaints about being unjustly slapped with a traffic ticket is the lesser evil. It also offers the possibility of getting the traffic ticket rescinded, so there really is nothing to lose in doing so.
So, if you believe you have been unjustly issued a traffic ticket, then the LTO, as well as the MMDA, says it is well within your rights as a driver to contest the alleged violation through the appropriate channels and by following the appropriate motions, depending on the nature of the violation.
How to Contest an Alleged Traffic Violation
Both the LTO and the MMDA have laid the guidelines and requirements for contesting alleged traffic violations. Though the process can take place in different offices, the process remains pretty much the same.
This process includes the preparation of the documentary requirements including a written motion or contest letter and all the supporting evidence they could provide, including photos and videos. If the complaint is towards the attitude of the traffic enforcer, it should come with the officer’s name as well as the date and time of apprehension.
Note: The contest letter must be filed within five days of the apprehension being contested.
Where can you Contest an Alleged Traffic Violation
According to the LTO and the MMDA website, apprehended drivers, operators, and conductors who wish to contest their alleged violation may do so in the following offices:
LTO
Cashier (LTO Central Office)
LTO Regional Offices – Operations Division
LTO District Offices with LETAS functions
LTO Extension Offices with LETAS functions
MMDA
Traffic Adjudication Board (for complaints relative to the apprehension)
Technical Committee on Complaints (TCC) (for complaints relative to the Traffic Enforcer’s apprehension manners)
Summary
Contesting a traffic violation is pretty normal. If you believe the traffic ticket is unjustly issued or if the traffic enforcer has been especially rude while issuing the traffic ticket, then by all means, you can go to either the LTO or the MMDA to complain. Do note that while it is okay to complain about and contest a violation, the process will include an investigation of the case, so it’s best to be truthful rather than having to face worse consequences.
The answer is No. The DL Code B on your license restricts driving to passenger cars only, excluding motorcycles. Officially operating any 2- or 3-wheeler, be it a motorcycle or a tricycle in the Philippines, requires a Code A or Code A1 on your license. Failing to meet this requirement may lead to your vehicle’s impoundment and penalties from law enforcement.
When it comes to riding a motorcycle in the Philippines, suffice to say that our country has laws that are rather lax. That being said, this isn’t to say that there aren’t any rules when riding a motorcycle in the Philippines. There’s one about the minimum prescribed dress code as well as one about protecting children’s safety while riding their bikes. There’s also a license code specific to riding this two-wheeled transport machine, but it sure isn’t Driver’s License Code B (DL Code B).
DL code B is one of the new alphanumeric category codes used by the Land Transportation Office (LTO). There are nine (9) of these DL codes replacing the old LTO restriction codes which have only five (5) categories. It is into the DL codes that we look for the specific type of vehicle the license bearer is allowed to drive, so it’s best to be careful and drive only vehicles you are licensed to drive. Understandably, driving anything other than vehicles you are allowed to, poses a more significant danger while out on the open roads, hence the rules, hefty LTO fines, penalties, and charges. More than that, however, getting caught driving vehicles you aren’t supposed to touch may result in losing the opportunity to renew into the new DL with a 10-year validity period.
If you are looking for a short answer, then No, you can’t. Having DL Code B on your driving license allows you to drive passenger cars, but not motorcycles. That said, legally driving either a motorcycle or a tricycle in the Philippines, or any kind of 2- or 3-wheeler at all, will require you to have Code A or Code A1 on your license. Otherwise, you risk being apprehended and having your vehicle impounded.
So, what DL Code Do I Need to Drive a Motorcycle?
If you want to drive a motorcycle legally in the Philippines, then you’ll need a license that bears either DL Codes A or A1.
DL Code A
DL Code A is a driving license code specifically for motorcycles. The code covers both motorcycles with either manual, semi-automatic, and automatic transmission as well as most motorcycle models including Mio, Aerox, NMax, Smash, and Barako, among others.
DL Code A also covers different vehicle category codes including L1, L2, and L3. This means these license holders with DL Code A may drive two- and three-wheeled vehicles with a maximum design speed of below 50kph (for L1 and L2) and beyond 50 kph (for L3).
DL Code A1
Additionally, there is also the Driving License Code A1, a category code covers all three-wheeled motor vehicles, including motorcycles with sidecars, transport tricycles, and e-tricycles such as Bajaj Re, Yamaha Tricity4, and tuk-tuk (or bokyo). This DL code also covers four-wheeled vehicles with limited unladen mass and maximum design speed.
Licensees with DL Code A1 may also be eligible to drive and operate motor vehicles with the Vehicle Category Code L4, L5, L6, and L7 or motorcycles with sidecar and with a maximum design speed under 50 kph, three-wheeled symmetrically arranged vehicles with a maximum design speed exceeding 50 kph, four-wheeled vehicles with unladen mass of not more than 350 kg and with a maximum design speed not exceeding 45 kph, and four-wheeled vehicles with unladen mass of not more than 550 kg and with a maximum design speed of not exceeding 45 kph, respectively.
So, what does DL Code B allow you to drive, if not a motorcycle?
According to the law, DL Code B allows one to drive motorized passenger vehicles with up to eight (8) seats and whose Gross Vehicle Weight (GVW) does not exceed 3500 kg. This category actually allows license holders to drive and operate vehicles including hatchbacks, coupes, sedans, and SUVs.
Note that DL Code B is also different from DL Codes B1 and B2 which refers to category codes reserved for those who drive passenger vans or jeepneys and other light commercial vehicles including commercial four-wheeled vehicles used for cargo transportation respectively.
The DL Code B is not the DL code you need to drive a motorcycle of any type without facing legal repercussions later on. To do that, you’ll need DL Codes A or A1, depending on the type of motorcycle you’ve got. Observing the rules on what to drive can save you a lot of trouble, time, and money, especially in case you get caught for any type of traffic violation.
Road safety has always been a priority for the Land Transportation Office (LTO) and the Philippine government dares not make light of it. After all, a record of 1.3 million deaths from road traffic crashes isn’t a negligible figure. It is also a fact that driving with your gadgets on makes you four times more likely to get into a crash. If you’re texting while driving, too, then you become 23 times more susceptible to accidents on the road.
Just recently, many people are mistakenly led to believe that the “relaxed” conditions on the road means it’s okay to break a few rules. Unfortunately for them and for you, the Republic Act 10913 or the Anti-Distracted Driving Act (ADDA) and all the other traffic laws are still very much on, so you had better keep away those gadgets and avoid crashes, accidents, traffic tickets, and hefty LTO fines.
What is Distracted Driving and the Anti-Distracted Driving Act (ADDA) (RA 10913)
Distracted Driving refers to the motorist’s use of mobile communications devices or electronic entertainment or computing devices while in a motor vehicle in motion or temporarily stopped at a red light, whether diplomatic, public or private. Distracted driving also involves any or all activities that make motorists take that split-second glance away from the road, which is enough to put them in danger.
Luckily, with the RA 10913 or the Anti-Distracted Driving Act (ADDA), the Philippines has successfully made the roads much safer for both drivers and pedestrians. The law, which requires all motorists to give their full attention to driving, prohibits distractions brought by the unrestrained use of communication and other electronic entertainment and computing devices while the vehicle is in motion or temporarily stopped at an intersection. It’s meant to help the authorities safeguard its citizenry from the ruinous and extremely injurious effects of vehicular accidents as well as all the other inimical consequences of unrestrained use of electronic mobile devices on road safety.
Extent of coverage
Subject to the provisions of RA 10913 or ADDA, the law covers the following acts while driving both diplomatic, public, and private vehicles, while in a motor vehicle temporarily stopped at a red light, or when pulled over to the side of the road in compliance with a traffic regulation.
Using a mobile communications device
Using an electronic entertainment or computing device
Some of the acts prohibited by the law includes:
Making calls
Receiving calls
Writing text-based communications
Sending text-based communications
Reading text-based communications
Playing games
Watching movies
Doing calculations
Reading e-books
Composing messages
Surfing the internet
Browsing the internet
The law also covers the vehicles operated or driven in public thoroughfares, highways or streets, which includes the following:
Wheeled agricultural machineries such as
tractors
construction equipment such as
graders
rollers
backhoes
payloaders
cranes
bulldozers
mobile concrete mixers
Other forms of animal or human-powered conveyances such as
bicycles
pedicabs
“habal-habal”
trolleys
“kuligligs”
wagons
carriages
carts
sledges
Chariots
Exemptions
Like any other rule, the law on anti-distracted driving has certain exemptions.
According to the law, the operation of a mobile communications or electronic computing device is not considered to be distracted driving when:
Done using the aid of a hands-free function or similar device such as
Speaker phone
Earphones
Microphones
Make emergency calls to authorities in cases of
Crime
Accidents
Bomb threat
Terrorist threat
Fire
Explosion
Take emergency calls to authorities in cases of
Crime
Accidents
Bomb threat
Terrorist threat
Fire
Explosion
Needing immediate medical attention
Personal safety and security is compromised
Do note that the provisions of ADDA shall not apply or does not cover the following:
When motorists of motor vehicles which are not in motion.
It does NOT cover other accessories which may be found on your dashboard such as rosaries, tachometers, figurines, dashboard toys, crucifix, stickers, among others.
It does not cover other activities such as putting make-up on, drinking coffee, and other similar acts.
Penalties
Like any other violations, violations of the ADDA entails penalties as follows:
First offense: a fine of five thousand pesos (Php5,000)
Second offense: a fine of ten thousand pesos (Php10,000), and
Third offense: a fine of fifteen thousand pesos (Php15,000), plus a three-month suspension of driver’s license
Beyond the third offense: a fine of twenty thousand pesos (Php20,000), plus the revocation of driver’s license
Apprehending authority
The law is primarily implemented and carried out by the Department of Transportation – Land Transportation Office (DOTr-LTO). The LTO also has the authority to deputize members of the PNP, MMDA, and LGUs to carry out enforcement functions and duties.
Important Reminders
For your reference, here are some important things worth taking note of to avoid violation of the ADDA:
Using earphones to listen to music falls is also prohibited and penalized under ADDA, in addition to other penalties from relevant laws like reckless driving violations.
In cases when motorists need to find alternate routes while in traffic, they may navigate their phones to adjust navigation apps after pulling their vehicles aside.
It does NOT cover other accessories which may be found on your dashboard such as rosaries, tachometers, figurines, dashboard toys, crucifix, stickers, among others.
It does not cover other activities such as putting make-up on, drinking coffee, and other similar acts.
Dash Cam usage is not covered by the ADDA.
The operation of a mobile communications device is not considered to be distracted driving if done using the aid of a hands-free function which allow a person to make and receive calls without having to hold the mobile communications device and that the mobile communications device or the hands-free device does not interfere with the line of sight of the driver.
According to the World Health Organization (WHO) Global Status Report on Road Safety, distracted driving is a serious threat to road safety because “drivers talking on a mobile phone are four times more likely to get into an accident because they are unable to stay in the proper lane and they tend to have a longer reaction time.”
“Texting considerably reduces driving performance and places inexperienced drivers at a great risk,” according to the WHO.
Though it does not snow in the Philippines, sledges, which are vehicles commonly used for conveying passengers or loads over snow or ice, are also covered by the Republic Act No. 10913.
The law did not define what an “emergency purpose” is, so it’s best to check with either the LTO, MMDA, or thr PNP first to be sure.
Nevertheless, we are pretty sure calling the office when one is late for work does not qualify as an emergency.
Video: Things to Remember about the Anti-Distracted Driving Act (ADDA)
Learn more about RA 10913 or the Anti-Distracted Driving Act and its provisions by watching this video posted by Manibela, a motoring magazine and automotive program by broadcast innovator, Daniel Razon:
Frequently Asked Questions (FAQs)
For more information, here are some of the most common questions and answers related to the ADDA:
1. Is it okay to use hands-free devices like microphones and earphones?
Yes. According to the provisions of ADDA, motorists can use the aid of devices with hands-free function and applications as long as these devices do not interfere with the driver’s line of sight. This means that any communication or electronic gadget should not be affixed on the car’s dashboard and steering wheel. In addition, the ADDA also says that drivers are only allowed to wear earphones when making or receiving calls.
2. Is it okay to use traffic and navigation apps like Waze and Google Maps while driving?
Yes. Using navigation apps is okay but motorists are advised to set their preferred destination on these applications prior to their departure. The drivers are also advised to put and install these gadgets with navigational applications in areas that will not obstruct the driver’s view.
3. How can we tell if the drivers of private vehicles with heavily-tinted windshields are violating the law against distracted driving?
The government agencies in charge of enforcing the law make use of high-definition cameras that can monitor lights from devices inside heavily-tinted vehicles. Aside from the gadgets, the law is also strictly carried out by enforcers on the ground who were well-trained to determine from the movement of the vehicle whether or not a driver is violating the anti-distracted driving.
4. Are Public Utility Vehicles (PUV) owners and operators also liable for violations made by drivers?
Yes. PUV owners and operators, as well as the owners and operators of other types of commercial vehicles are also held liable in cases of violations committed by their drivers.
5. Is it okay for a driver to use his cell phone when he is stuck in traffic?
No. A driver, regardless if the vehicle is in motion or is stuck in traffic, is not allowed to hold and use his cellphone and/or gadget to make or receive calls; write, send or read text-based communications; play games; watch movies; perform calculations; read e-books; compose messages; surf or browse the internet; or other similar acts as long as he is behind the wheel.
6. Where is the best place to mount cell phones and GPS devices?
GPS or cell phones may be placed or mounted below, at the same level, or on-top of the dashboard or on the windshield, as long as the highest point of the device is not higher than four (4) inches from the dashboard.
7. Is the use of dashcams covered by ADDA?
No. The use of dashcams is not covered by ADDA. To date, no legislation in the Philippines exists regarding the use and regulation of the use of dashcams. However, for safety purposes, drivers are encouraged to mount their dash cams at the back of the rearview mirror.
8. Are cellphones allowed on motorcycles?
Yes, if it’s mounted. Mounting of cellphones in handlebars or other parts of motorcycles is allowed, since it does not interfere with the driver’s line of vision.
9. Does ADDA prohibit the mounting of other accessories in a vehicle’s dashboard? How about engaging in other “distracting activities”? Are these covered by the ADDA?
No. The ADDA only covers the driver’s use of mobile communications devices and other electronic entertainment gadgets while the vehicles are in motion or temporarily stopped at a traffic light or an intersection. The other accessories and activities, distracting or otherwise, are not covered by this law.
10. What does “line of sight” mean in cars?
For drivers, the “line of sight” refers to the space occupied by the entire windshield and the top of the dashboard. It refers to the space beyond the safe zone. Within the part covering the “line of sight” gadgets and objects are prohibited by the ADDA.So this means you can put a phone mount on the instrument panel, behind the steering wheel, or at the center of the dashboard, as long as it doesn’t obstruct your view and is out of the “line of sight.”
11. What is a “safe zone”?
The safe zone in a car refers to the four-inch area from the vehicle’s dashboard. Any objects or gadgets placed within this zone are not considered part of the driver’s line of sight. However, objects and gadgets placed beyond this point are distracting and are prohibited under the Anti-Distracted Driving Act.
12. Where is the best place to put the dashboard camera inside the car?
The best place to mount your dash cam is just behind the rear view mirror. Putting it in this position ensures that the dash cam is central to the car, but doesn’t obstruct your view whilst driving. It is also the best spot to ensure that the dash cam captures the best possible view of the road ahead. It’s simple physics.
Summary
The Republic Act 10913 or the Anti-Distracted Driving Act (ADDA) is just one of the many traffic laws implemented by the LTO. Sure, it seems the agency has been quite relaxed recently, what with the recent pandemic, but with this guide, we hope to remind everyone that the ADDA is still very much in place. Having said that, it pays to know what the law entails, along with the prohibitions, exemptions, and penalties that the violation of the Anti-Distracted Driving Act entails.
