Notice with the proposed penalty rates

SUBIC BAY METROPOLITAN AUTHORITY Building 229 Waterfront Road Subic Bay Freeport Zone Telephone nos. (047)252-4888/4422/4153 Fax No.: (047)252-4428 Website: www.sbma.com

NOTICE Please be informed that a public hearing on the herewith “Proposed New List of Imposable Traffic Violations within the Subic Bay Freeport Zone and the Corresponding Fines/Penalties” will be held on February 17, 2014 at 10:00 a.m. at the Ground Floor, VIP 1 Room, Subic Bay Exhibition and Convention Center (SBECC), Subic Bay Gateway Park, Subic Bay Freeport Zone.

We invite everyone’s participation and attendance as results of and deliberations during the public hearing will be submitted to the SBMA Board of Directors for their consideration which may lead to the approval of the proposal.

November 22, 2013, Subic Bay Freeport Zone.

ATTY. VON F. RODRIGUEZ Manager, Legal Department Subic Bay Metropolitan Authority

PROPOSED NEW LIST OF IMPOSABLE TRAFFIC VIOLATIONS WITHIN THE SUBIC BAY FREEPORT ZONE AND THE CORRESPONDING FINES / PENALTIES

Number

Violations

Recommendation Existing 1st 2nd 3rd 4th Offense Offense Offense Offense Fines 200 500 1,000 1,500 Suspension of

1

Abandoned Vehicle / Road Hazard

2

Allowing Drive

to

1,000

1,000

2,000

3,000

3

Disobedience to Police / Traffic Officer / Fireman

200

500

1,000

1,500

4

Disobeyed Traffic Signals / Traffic Lights / Traffic Hand Signals

200

500

1,000

1,500

5

Disobeyed Traffic Signs

200

500

1,000

1,500

6

Driving Off-the-Road / Driving on Shoulder

200

500

1,000

1,500

7

Driving Right-Hand Drive Vehicle

8

Driving Under Influence of Alcohol or a Controlled Substance (DUI) / Driving While Impaired (DWI) Driving Under Influence of Prohibited Substances Driving While Impaired

9 10 1

Unlicensed

Person

Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle

50,000

50,000 + Suspension of Driving Privileges and Impoundment of Vehicle 1,000 5,000 + Suspension of Driving Privileges and Impoundment of Vehicle1 1,000 7,000 + Suspension of Driving Privileges and Impoundment of Vehicle2 500 1,000 2,000 3,000 Suspension of Driving

Regardless of payment of administrative fines for the traffic violation, the person apprehended shall be endorsed outright to the appropriate authorities for prosecution under Republic Act No. 10586 otherwise known as the “Anti-Drunk and Drug Driving Act of 2013”.

2 Regardless of payment of administrative fines for the traffic violation, the person apprehended shall be endorsed outright to the appropriate authorities for prosecution under Republic Act No. 10586 otherwise known as the “Anti-Drunk and Drug Driving Act of 2013”.

11

Eluding Apprehension

200

2,000

4,000

6,000

12

Over speeding / Excessive Speed

200

500

1,000

1,500

13

Exhibition of Speed / Speed Contest

200

500

1,000

1,500

14

Expired Motor Vehicle Registration (MVRO) Decal

200

1,000

2,000

3,000

15

Expired Registration

450

1,000

2,000

3,000

16

Failure to Yield to an Emergency Vehicle

200

500

1,000

1,500

17

Failure to Yield to Pedestrians on Crosswalk / Sidewalk

200

500

1,000

1,500

18

Failure to Yield at Open / Yield / Stop Intersections ort other Intersections

200

500

1,000

1,500

19

Following Emergency Vehicle

200

500

1,000

1,500

20

Following Too Close / Tailgating

200

500

1,000

1,500

21

Illegal Left / Right Turn

200

500

1,000

1,500

Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and

22

Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle

200

500

1,000

1,500

23

Illegal Parking (Unauthorized/Improper/Overtime Parking, Parking on Red, Yellow Curb Illegal Towing / Pushing

200

500

1,000

1,500

24

Illegal U-Turn

200

500

1,000

1,500

25

Improper Display of License Plate / Dirty License Plates

500

1,000

2,000

3,000

26

Improper Left / Right Turn from Wrong Lane to Wrong Lane

200

500

1,000

1,500

27

Improper Turning

200

500

1,000

1,500

28

Improper / Unsafe Passing (Overtaking on Double Solid Yellow Line / Shoulder / Hill / Curve / Bridge / Intersection) Display of Expired or Unauthorized Commemorative / Specialty Plates or Improper Display of Commemorative / Specialty Plates Lane Straddling / Improper Lane Usage

200

500

1,000

1,500

500 5,000 + Suspension of Driving Privileges

200

500

1,000

1,500 Suspension of

31

Littering

200

500

1,000

1,500

32

No Official Receipt / Certificate of Registration (OR/CR)

200

500

1,000

1,500

29

30

Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment

of Vehicle

33

Unauthorized Driving of Vehicle

200

500

1,000

1,500 Suspension of

34

No Flags or Red Light or Improper Use of Flags or Red Light

200

500

1,000

1,500

35

Operating Colorum Vehicle / Out of Line

500

1,000

2,000

3,000

36

Operating Unsafe Vehicle (No Headlight, No Taillights, No Brake light, No Turn Signal Lights, etc.)

200

500

1,000

1,500

37

Operating Vehicle while under Suspension or Revocation of Driving Privileges

500

38

Opposing Traffic / Opposing OneWay Traffic (Counterflow)

2,000

2,000

4,000

6,000 Suspension of

39

Overloading / Unsafe Loading of Passengers / Materials

200

500

1,000

1,500

40

Failure of the Driver / Passenger to Wear Prescribed Helmet (For Motorcycles and Scooters) Violation of R.A. 10054 otherwise known as the “Motorcycle Helmet Act of 2009” Passenger / Driver not Wearing Seatbelt / Improper Wearing of Seatbelt (Violation of R.A. 8750 otherwise known as the "Seat Belts Use Act of 1999")

200

1,500

3,000

4,500

Passenger4

500

1,000

1,500

500

1,000

1,500 Suspension of

41

5,000 + Renewed Suspension of Driving Privileges3 and Impoundment of Vehicle Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle

300

Driver

250

3

Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle

Driving Privileges and Impoundment

Renewed suspension of driving privileges shall mean that another sixty (60) – day period shall automatically be added to current suspension without prejudice to LTO’s subsequent action to suspend, definitely or indefinitely, or to cancel the driving privileges of the person apprehended in the Philippines.

4 The Fine / Penalty though is still imposable upon the driver apprehended for violation.

of Vehicle

200

1,000

2,000

3,000 Suspension of

Retrofitting / No installed Seatbelt (Violation of R.A. 8750)

1,000

1,000

2,000

3,000

44

Running Too Fast / Slow on Road Condition / Traffic Impeding

200

500

1,000

1,500

45

Smoke Belching (Violation of R.A. 8749) / Excessive Noise

1,500

2,000

4,000

6,000

46

Throwing Lighted Substances on Roadway

200

500

1,000

1,500

47

Traffic Impeding

200

500

1,000

1,500

48

Traffic Obstruction

200

500

1,000

1,500

49

Expired Driver’s License (Delinquent / Expired T.O.P.)

300

500

1,000

2,000

50

Driving without Driver’s License

1,700

2,000

4,000

6,000

51

Stopping in a Wrong Place

---

500

1,000

1,500

52

Violation of Motorcycle and Scooter Safety Standards

---

1,500

3,000

4,500

42

Reckless Driving

43

Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges and Impoundment of Vehicle Suspension of Driving Privileges, Impoundment

of Vehicle & Recommendat ion for LTO’s Revocation of License

53

Jaywalking

---

500

1,000

1,500

NO.

VIOLATIONS

1

Abandoned Vehicle / Road Hazard - Abandoned vehicle – any vehicle left unattended for more than twenty-four (24) hours on a public highway.

2

Allowing Unlicensed Person to Drive - Allowing or permitting a person, without a license duly issued by the Land Transportation Office (LTO), to drive, use or operate a motor vehicle.

3

Disobedience to Police / Traffic Officer / Fireman - Willful failure or refusal to comply with any lawful order or direction of any law enforcer, fireman or school crossing guard invested by law with authority to direct, control, or regulate traffic.

4

Disobeyed Traffic Signals / Traffic Lights / Traffic Hand Signals - Failure to observe and comply with the instructions of any traffic control signal applicable to him.

5

Disobeyed Traffic Signs - Refers to the failure of the driver or operator of a vehicle to comply with the indication given by a traffic sign.

6

Driving Off-the-Road / Driving on Shoulder - Driving on the Shoulder not in accordance with its proper uses. For reference, shoulder or “hard shoulder” is a reserved area by the verge of a road or motorway. It is generally kept clear of motor vehicle traffic. Among the uses of shoulders include the following: a. In the event of an emergency or breakdown, a motorist can pull into the hard shoulder to get out of the flow of traffic and obtain an element of safety. b. Shoulders, especially paved or hard shoulders, increase safety. They allow some extra space should a motorist need to take evasive action or speed to recover control of their vehicle before a run-off collision occurs.

c. Emergency vehicles such as ambulance and police cars may also use the shoulder to by-pass traffic congestion. d. Shoulders provide bicyclists to ride out of vehicle traffic. e. On curbed roadways, shoulders move the gutter away from travel lanes. This reduces the risk of hydroplaning, and reduces splash and spray of storm water onto pedestrians using an adjacent sidewalk. f. Shoulders provide structural support of the roadway. g. Shoulders move water away from the roadblock before it can infiltrate into the road’s sub-base, increasing the life expectancy of the road surface. h. In some urban areas, shoulders are used as travel lane during peak commuting hours.

7

Driving Right-Hand Drive Vehicle - Refers to the act of driving, operating or being in physical control of any right-hand drive motor vehicle except when such consists of transferring such right-hand drive motor vehicle form port or wharf or destination to an SBF enterprise’s warehouse / yard, or vice versa, that is engaged in the business of trading, transshipment and importation thereof or for repair or restoration as coordinated with the SBMA Law Enforcement Department.

8

Driving Under Influence (DUI) of Alcohol or Controlled Substance / Driving While Impaired (DWI) - Refers to the act of driving, operating or being in physical control of any motor vehicle by a person who is under the influence of alcohol or a controlled substance.

10

Driving Under Influence of Prohibited Substances - Refers to the act of driving, operating or being in physical control of any motor vehicle by a person who is under the influence of “prohibited substances”.

11

Driving While Impaired - Refers to the act of driving, operating or being in physical control of any motor vehicle by a person who is under the influence of alcohol or a controlled substance.

11

Eluding Apprehension - Refers to a person if he purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest or apprehension in connection with the commission of a traffic violation.

12

Over Speeding / Excessive Speed - (a) Refers to driving a vehicle: (i) in a built-up area at a speed exceeding 60 kilometers per hour, except in speed zone in which a higher speed is permitted under paragraph ii; (ii) in a speed zone, whether in a built-up area or not, at speed exceeding the speed in

-

kilometers per hour indicated by numerals or the speed limit sign at the beginning of the speed zone; or (iii) elsewhere, other than a limited access freeway, at speed exceeding 100 kilometers per hour. (b) Notwithstanding the foregoing, it may also refer to: (i) driving a vehicle the weight of which together with any trailer attached including the total load carried exceeds four and one half tons at a speed exceeding 80 kilometers per hour; (ii) driving at a speed exceeding 80 kilometers per hour any vehicle to which a trailer or other vehicle is attached if he weighty of the trailer or other vehicle including any load exceeds 750 kilograms; or (iii) driving any vehicle with a capacity of nine or more passengers at a speed exceeding 80 kilometers; (c) the foregoing provisions shall not apply to the driver of an emergency vehicle; (d) also applies to driving a vehicle exceeding any maximum speed available to the vehicle and fixed by any law, ordinance or regulations.

13

Exhibition of Speed / Speed Contest - Refers to an illegal exhibition of speed conducted on public streets or highways using a motor vehicle. It includes a motor vehicle race against another motor vehicle using a clock or timing device. Speed contests are also commonly known as “street race” or “speed race” or “drag race”.

14

Expired Motor Vehicle Registration (MVRO) Decal - Operating a vehicle with expired Motor Vehicle Registration Office (MVRO) Decal/Sticker

15

Expired Registration - Operating a vehicle with expired Certificate of Registration (CR) and Official Receipt (OR) issued by the Land Transportation Office (LTO).

16

Failure to Yield to an Emergency Vehicle - Refers to failure on the part of a driver of a vehicle, while on a highway, to yield the right of way to an authorized emergency vehicle that is operating in the course of: (i) its official business; (ii) the driver’s profession; (iii) an emergency response; or (iv) the pursuit of an actual or suspected violator of the law.

17

Failure to Yield to Pedestrians on Crosswalk / Sidewalk - Refers to failure of the driver of a vehicle to yield the right-of-way to a pedestrian crossing the roadway within any unmarked or unmanned crosswalk at an intersection, except at crosswalks when the movement of traffic is being regulated by police officers or traffic control signals, or where otherwise regulated by municipal, country or State regulation, and except where a pedestrian tunnel or overhead pedestrian crossing has been provided.

18

Failure to Yield at Open / Yield / Stop Intersections or other Intersections

-

Refers to failure of the driver of a vehicle approaching an intersection to yield the right-ofway to any vehicle that has entered the intersection from a different highway. This is intended to prohibit deliberate crowding or interfering with other vehicles already in the intersection.

19

Following Emergency Vehicle - Refers to any of the following: 1) When a driver follows an authorized emergency vehicle that is travelling in response to an emergency closer than 300 feet; and 2) When a driver of any vehicle drives nearer to, or park within 200 feet of, any fire department vehicle that has stopped in response to a fire alarm.

20

Following Too Close / Tailgating - Refers to following too closely behind another motorist, or “tailgating” where the recommended minimum safe following distance of three (3) seconds between a traveling vehicle behind another vehicle which applies in all roads is not followed. This applies to passenger cars and light trucks travelling in ideal conditions. When conditions are less ideal, the driver of a vehicle must increase the amount of distance between his vehicle and the vehicle ahead of him.

Way to determine the following distance of 3 seconds: When the back-end of the vehicle ahead passes a stationary object such as a sign along the road, count how long it takes you to pass the same object. This is intended to prevent collisions.

21

Illegal Left / Right Turn - Refers to causing a vehicle to turn at any intersection contrary to the instruction at any intersection, contrary to the instruction on any “No Left / Right Turn” sign erected to face an approaching driver at or near the intersection.

22

Illegal Parking (Unauthorized/Improper/Overtime (Prolonged) Parking, Parking on Red, Yellow Curb - Refers to the act of parking a motor vehicle in a restricted place or for parking in unauthorized manner.

23

Illegal Towing / Pushing - Refers to the use of unsafe substandard towing / pushing equipment.

24

Illegal U-Turn - Refers to causing a vehicle to turn at any intersection contrary to the instruction at any intersection, contrary to the instruction on any “No U-Turn” sign erected to face an approaching driver at or near the intersection.

25

Improper Display of License Plate / Dirty License Plates - Refers to the display and maintenance of the license plates which is not in accordance with the applicable law and the traffic rules and regulations or the keeping or possession of dirty license plates which is not in accordance with the standards of displaying and maintaining license plates to be readable.

26

Improper Left / Right Turn from Wrong Lane to Wrong Lane - Refers to a situation where the driver whose vehicle suddenly and unsafely takes left or right turn and falls on a wrong lane on a road.

27

Improper Turning - Refers to a situation where the driver of a vehicle disregards any traffic directional sign pertinent to the safe turning of vehicles.

28

Improper / Unsafe Passing (Overtaking on Double Solid Yellow Line / Shoulder / Hill / Curve / Bridge / Intersection) - Refers to a situation where the driver of a vehicle interferes, in any manner, with the safe operation of any vehicle that he passes and any vehicle coming from the opposite direction on a two-lane highway or passing in the oncoming traffic lane when approaching the top of a hill or a curve so as to create a hazard to vehicles that might approach from the other side.

29

Display of Expired or Unauthorized Commemorative / Specialty Plates or Improper Display of Commemorative / Specialty Plates - Refers to: 1) Using bogus commemorative / specialty plates; 2) Using genuine commemorative / special plates intended for another vehicle or without supporting documents; 3) Concealing license plate with a commemorative / specialty plate; 4) Displaying commemorative / specialty plates on the side / rear of the vehicle; and 5) Using expired commemorative / specialty plates.

30

Lane Straddling / Improper Lane Usage - Whenever any roadway has been divided into two (2) or more clearly marked lanes for traffic in one direction, a vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until such movement can be made with reasonable safety.

31

Littering - Refers to the act of the driver, operator or passenger of a vehicle in throwing or leaving litters, trash or garbage.

32

No Official Receipt / Certificate of Registration (OR/CR) - Refers to driving or operating a motor vehicle without the proper Certificate of Registration (CR) or Official Receipt (OR) issued by the Land Transportation Office (LTO).

33

Unauthorized Driving of Vehicle - Refers to driving a motor vehicle without proof of ownership or authorization from the owner of the vehicle.

34

No Flags or Red Light or Improper Use of Flags or Red Light - Refers to driving or operating a motor vehicle with extended, wide or protruding load without a warning flag during daytime, or a warning red light during nighttime.

35

Operating Colorum Vehicle / Out of Line - Refers to driving or operating a motor vehicle for transportation of goods or people for a fee without authorization, permit or accreditation from SBMA.

36

Operating Unsafe Vehicle (No Headlight, No Taillights, No Brake light, No Turn Signal Lights, etc.)

- Operating a motor vehicle or a combination of a motor vehicle and trailer which is not equipped with appropriate functioning lamps /lights and reflectors prescribed as mandatory by the Land Transportation Office (LTO) to be carried by the vehicle or combination.

37

Operating Vehicle while under Suspension or Revocation of Driving Privileges - Refers to a situation where the driver operates a motor vehicle with a driver’s license that has been temporarily suspended or a driver’s license that has been permanently revoked.

38

Opposing Traffic / Opposing One-Way Traffic (Counterflow) - Refers to a situation where the driver or operator of a motor vehicle on a roadway of sufficient width fails to drive on the right half of the roadway, unless: (1) the operator is passing another vehicle; or (2) an obstruction necessitates moving the vehicle left of the center of the roadway and the operator yields the right-of-way to a vehicle; or (3) the operator is on a roadway divided into three marked lanes for traffic; or (4) the operator is on a roadway restricted to one-way traffic.

39

Overloading / Unsafe Loading of Passengers / Materials - Commission of any of the act(s) constituting “overloading” as defined under Section 6 of

R.A. 8794 otherwise known as “An Act Imposing a Motor Vehicle User’s Charge on Owners of All Types of Motor Vehicles and for other Purposes”.

“Section 6. Penalty for Overloading- An amount equivalent to twenty five percent (25%) of the MVUC shall be imposed on trucks and trailers for loading beyond their prescribed gross vehicle weight: provided, That no axle load shall exceed thirteen thousand five hundred kilograms (13,5000kgs).” (Section 6 of R.A. 8794)

40

Failure of the Driver / Passenger to Wear Prescribed Helmet (For Motorcycles and Scooters) Violation of R. A. 10054 otherwise known as the “Motorcycle Helmet Act of 2009” - Violation of the provisions of R.A. 10054 particularly Section 3* thereof and the pertinent provisions of the Implementing Rules and Regulations of the said Act. *“Section 3. Mandatory Use of Motorcycle Helmets. - All motorcycle riders, including drivers and back riders, shall at all times wear standard protective motorcycle helmets while driving, whether long or short drives, in any type of road and highway.

Standard protective motorcycle helmets are appropriate types of helmets for motorcycle riders that comply with the specifications issued by the Department of Trade and Industry (DTI).

The DTI shall issue guidelines, which should include the specifications regarding standard protective motorcycle helmets.”

41

Passenger / Driver not Wearing Seatbelt / Improper Wearing of Seatbelt (Violation of R.A. 8750 otherwise known as the "Seat Belts Use Act of 1999") - Violation of the provisions of R.A. 8750 particularly Section 4* thereof and the pertinent provisions of the Implementing Rules and Regulations of the said Act. *“Section 4. Mandatory Use of Seat Belts. — For their own safety, the driver and front seat passengers of a public or private motor vehicle are required to wear or use their seat belt devices while inside a vehicle of running engine on any road or thoroughfare: Provided, That for private vehicles, except for jeeps, jeepneys, vans, buses and such other private vehicles as may be determined in the Implementing Rules and Regulations (IRR), front and back seat passengers are likewise required to use their seat belt devices at all times.

In the case of public motor vehicles, the driver shall be required to immediately inform and require the front seat passengers upon boarding a vehicle of running engine to wear the prescribed seat belts. Any passenger who refuses to wear seat belts shall not be allowed to continue his/her trip.

For special public service vehicles such as school services and other similar vehicles as may be determined by the IRR, seat belt devices should be provided and used by both drivers and front seat passengers as defined herein and the first row passengers immediately behind the driver at all times while inside a vehicle of running engine.

Operational motor vehicles, both public and private, which are not equipped with the required seat belt devices, are given one (1) year from the issuance of the IRR by the Land Transportation Office (LTO) to retrofit appropriate seat belt devices in their vehicles.”

42

Reckless Driving - Operating a motor vehicle on any road recklessly or without reasonable caution considering the width, traffic, grades, crossing, curvatures, visibility and other conditions of the road and the conditions of the atmosphere and weather to endanger the property or the safety or rights of any person or to cause excessive or unreasonable damage to the road. This includes the following: - “Hazardous Behavior” which consists in sudden stop, sudden depress in speed, passing stopped vehicles and to the failure of the driver of the vehicle: (1) to recognize potentially hazardous situations sufficiently in advance to allow time to safely maneuver past them; or (2) assume that others may make mistakes and is on guard in the event an error is made; or (3) to search ahead of what is immediately in front, to have advance warning of approaching hazards by Sudden Stop, Sudden Depress/Decrease in Speed, Passing Stopped Vehicles.

- “Just Missed Accident” which refers to failure to pay proper attention to the road while driving. It includes, among others, talking, eating, putting on makeup and attending to children, use of cellphones or electronic units or similar acts which can cause distraction.

This also includes - “Unsafe Behavior” or Permitting Passenger to Ride Dangerously, Opening / Closing Doors of Vehicle, Failure to Depress Headlight to Low Beam, Extending Body or any Part

-

-

of the Body Outside of the Vehicle, Sitting on Pick-Up Cargo Sidings / Tailgate.

“Inattentive Driving” as when a driver almost figured an accident while using a motor vehicle in view of an unsafe or negligent act as well as a driver or operator’s failure to pay proper attention to the road while driving. It includes, among others, talking, eating, putting on makeup and attending to children, use of cellphones or electronic units or similar acts which can cause distraction.

“Inattentive / Unsafe Driving” or driving while on the lap, driving with headphone, driving while using cellular phone or similar devices.

43

Retrofitting / No installed Seatbelt (Violation of R.A. 8750) - Violation of the provisions of R.A. 8750 particularly Sections 4, 7 and 9 thereof and the pertinent provisions of the Implementing Rules and Regulations thereof.

44

Running Too Fast / Slow on Road Condition - Refers to a situation where the driver of a motor vehicle drives at a speed faster or slower than reasonable and prudent under the conditions or circumstances then existing having regard for actual and potential hazards; or failure to control the speed of the vehicle as necessary to avoid colliding with another person or vehicle that is on or entering the highway in compliance with the law and duty of each person to exercise due care; or failure to drive at an appropriate reduced or increased speed under the following instances: (1) the operator is approaching and crossing an intersection or railroad grade crossing; (2) the operator is approaching and going around a curve; (3) the operator is approaching a hill crest; (4) the operator is traveling on a narrow or winding roadway; and (5) a special hazard exists with regard to traffic, including pedestrians, or weather or highway conditions; OR

45

Smoke Belching (Violation of R.A. 8749) / Excessive Noise - Violation of the provisions of R.A. 8749 otherwise known as the “Philippine Clean Air Act of 1999” and the pertinent provisions of the Implementing Rules and Regulations of the said Act. - Excessive Noise - Operating a motor vehicle on a street which is not equipped with a muffler or mufflers in constant operation and of sufficient capacity for the motor, and equipped with an exhaust system to prevent the escape of excessive fumes or smoke and unusual noise.

46

Throwing Lighted Substances on Roadway - Refers to the act of the driver, operator or passenger of a vehicle who throws any lighted substance/s (such as but not limited to lighted cigarettes, tobacco etc.) on a roadway.

47

Traffic Impeding - Refers to not operating a vehicle reasonably, so as to block the normal flow of traffic such as when the driver of a motor vehicle blocks an intersection; or is driving too slow and

causing a log jam; or driving a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law or except when the vehicle is temporarily unable to maintain a greater speed due to a combination of the weight of the vehicle and the grade of the highway.

48

Traffic Obstruction - As defined under Item H(76)* of the Land Transportation Office’s (LTO) Department Order No. 2008-39 “Revised Schedule of LTO Fines and Penalties for Traffic and Administrative Violations and under Section 109* of the Proposed Traffic Management Manual for SBMA. “76. Obstruction – obstructing the free passage of other vehicles on the highway while discharging or taking passengers or loading and unloading freight, or driving a motor vehicle in such a manner as to obstruct or impeded the passage of any vehicle.”

“Section 109 Obstructing Roads (a) A person shall not, without the written permission of the traffic management authority, drive or leave standing any vehicle on a road for te purpose of: (i) Soliciting employment or business from the vehicle; (ii) Displaying an advertisement on the vehicle; or (iii) Offering goods for sale from the vehicle. (b) A person shall not stand or place himself on a thoroughfare for the purpose of: (i) soliciting contributions; (ii) display any advertisement; or (iii) offering goods for sale (c) A person in vehicle shall not buy or offer to buy an article from any person standing or placed on a thoroughfare. (d) A person shall not bar, impede or divert the flow or direction of traffic from any road, street or highway, unless authorized in writing or except when the closure of a road or any part thereof to traffic or the diversion or traffic is dictated by reasons of emergency to protect the public from any calamity, fire or other public danger. (e) The prohibition contained herein shall also apply to the use of sidewalks by vendors, repair shops or any establishments. (f) Stalled vehicles on thoroughfares shall be construed as obstructing traffic if not removed or towed within five (5) minutes.”

49

Expired Driver’s License (Delinquent / Expired T.O.P.) - Refers to a situation where the driver operates a motor vehicle on any street or road within the SBF with an expired driver’s license or Temporary Operator’s Permit (T. O. P.).

50

Driving without Driver’s License

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Refers to a situation where the driver operates a motor vehicle on any street or road within the SBF, without the proper driver’s license. This traffic violation includes failure on the part of the driver to carry his driver’s license when operating a motor vehicle.

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Stopping in a Wrong Place - Stopping too far beyond the stop bar or in a non-designated stop area.

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Violation of Motorcycle and Scooter Safety Standards - Refers to any of the following: a. Failure of the driver to wear prescribed helmet (including: (i) no or defective helmet (outer shall be intact) and (ii) improper or unfastened helmet while riding; b. Carrying more passengers other than the back rider, or cargo other than built-in saddle, bags and luggage carriers and other related violations such as: (i) Child passenger except when his/her feet are resting on the foot rests, (ii) Unstrapped or untied load to the vehicle, (iii) Carrying passenger not equipped with proper foot rests, and (iv) Riding in “side-saddle” position; c. Defective accessories such as lights (Headlights, Tail Light, Brake Light, Turn Signal Light), standard side mirrors and horn; d. Modifying any part of the original design of a motorcycle or scooter such as when: (i) Muffler produces excessive noise, (ii) Handle bar with no side mirror or ineffective for its purpose, (iii) Horn with amplified noise, or which produces audible siren/alarm, etc., (iv) Motorcycle decorated with blinkers, running/strobe lights, etc., and (v) using Halogen or non-standard color lights for headlight, tail light, brake light and turn signal light; e. Rider / Passenger wearing sandals or slippers, or barefooted while driving; and f. Headlights off while driving within the Subic Bay Freeport (daytime or nightime).

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Jaywalking - Refers to failure of a pedestrian to properly cross streets at designated intersections or crosswalks or failure to obey traffic enforcers while crossing at designated intersections or crosswalks.