In the Philippines, minors (below 18 years old), except for those with student permits who are driving under the supervision of a licensed driver, are generally not allowed to drive any vehicle because they cannot get a valid LTO driver’s license yet. When a minor is caught driving—whether a motorcycle or a car—they do not get off scot-free, but the law focuses mainly on the parents or guardians, who can face heavy penalties, including jail time.
This guide explains the penalties, the laws behind them, and what families should do to stay safe, informed, and ready to take the next steps.
Is it Illegal for Minors to Drive?
Yes. Under Republic Act 4136 (Land Transportation and Traffic Code), only people with a valid LTO driver’s license can operate a vehicle. Since minors cannot get one, any minor driving is automatically committing the violation of driving without a license.
Penalties
Because it is an illegal act, even though minors are not usually jailed for traffic violations, there are real consequences such as:
- Driving without a license (RA 4136)
- LTO fine: ₱3,000
- Possible vehicle impound
- Considered a major traffic offense
- Disqualification from getting a driver’s license
- Minor may be barred from applying for a license for two years
- Some reports say the minor may even be banned until age 25 depending on police or LTO findings
- If an accident happens
- Minor may face additional complaints
- Could face charges under reckless imprudence if injuries or damages occur
- Insurance claims become void because the driver is unlicensed
Penalties for Parents or Guardians
The minors are not the only ones punished though as under Philippine law, parents are presumed to have allowed the minor to drive unless they prove otherwise. Some of the laws that detail the consequences that parents and guardians may face include:
- Child abuse liability (PD 603 – Child and Youth Welfare Code): Parents who allow or require a minor to drive:
- Are presumed guilty if the vehicle belongs to them
- Face 2 to 6 months imprisonment
- Face heavier charges if the child was made to drive as work or exploitation
- RA 7610 – Special Protection of Children Against Abuse: If the minor is exposed to danger or exploited:
- Penalty: 6 years and 1 day to 8 years imprisonment (prision mayor minimum)
- Applies when driving puts the child in risky conditions
- Civil liability (Civil Code): Parents must pay for:
- Damage to property
- Medical bills
- Compensation for injuries
- Other accident-related costs
- Vehicle impoundment: The motorcycle or car may be towed or impounded by police or LTO
Why the Law Is Strict
Authorities, including the PNP and LTO, remind families that minors lack the training, judgment, and legal permission to drive. This is why parents are warned to stop their kids from driving before someone gets hurt.
What To Do If Your Minor Was Caught Driving or Involved in an Accident
If your minor child happen to get caught driving or was involved in an accident, then here’s what you need to do:
Step 1. Report the incident
- File a police report
- Get the other party’s identification (if they refuse, ask the barangay for help)
Step 2. Go to the barangay
- Attend the mediation
- Request a Certification to File Action if the other party refuses to cooperate
Step 3. Prepare for civil or criminal action
- A lawyer can help assess negligence, damages, and options
- Gather photos, witness statements, and medical reports
Step 4. Talk to your child
- Explain the dangers and consequences of driving without a license
Step 5. Prioritize safety
- Keep vehicle keys out of reach
- Teach road safety early
By keenly observing the rules, you and your minor children can stay safe and avoid having trouble with the law and the LTO.