Traffic Management and Accident Investigation

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Traffic Management and Accident Investigation Definition of Terms: Traffic – is a movement of vehicles along a route where passengers and cargoes are carried by transportation. Traffic Management – it comprises all public surfaces , facilities and agencies having responsibility for licensing, approving, maintaining and controlling the flow of traffic and the use of traffic facilities. Accident (Legal meaning) – an accident is any happening beyond the control of a person the consequences of which are not foreseeable. ( There is no criminal liability in accident provided, the following requisites or elements under the law must be satisfied; 1.) performance of a lawful act; 2.) with due care; 3.) causes injury to another by mere accident; 4.) without any fault or intention of causing it.) Fortuitous Event – an event which takes place by accident and could not have been foreseen. In other words it is an Act of God which could neither be foreseen nor resisted, such as earthquake, lightning, flood, and the like. Force Majure – is an inevitable accident or casualty, an accident produced by any physical cause which is irresistible. In other words it is an Act of Man, such robbery, fire, fault, negligence, rebellion, etc. Defensive Driving – is an act of driving while preventing accidents despite of the wrong actions of others aggravated by the existence of adverse driving conditions. Which requires knowledge, alertness, foresight, judgment and skill. Last Clear Chance - it means that the driver who is in the better position to prevent the accident shoulders the responsibility of preventing the accident. The last clear chance principle is always applied in any traffic accidental investigation in order to justify penalized the driver who was not defensive in its driving. State of Necessity – there is state of necessity even if the injury to a person results in his death, because self-preservation always makes the actor feel that his own safety is greater than that of another. Elements or requisites under the law; 1.) the evil sought to avoided actually exists ; 2.) the injury feared be greater that that done to avoid it; 3.) that there is no other practical and less harmful means of preventing it. Imprudence – indicates deficiency of action. If a person fails to take the necessary precaution to avoid injury to a person or damage to property, there is imprudence. Imprudence usually involves lack of skill. Negligence – indicates a deficiency of perception. If a person fails to pay proper attention to use due diligence in foreseeing the injury or damage impending to be caused there in negligence. Negligence usually involves lack of skill.

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Transcript of Traffic Management and Accident Investigation

  • Traffic Management and Accident Investigation

    Definition of Terms:

    Traffic is a movement of vehicles along a route where passengers and cargoes are carried by

    transportation.

    Traffic Management it comprises all public surfaces , facilities and agencies having responsibility for

    licensing, approving, maintaining and controlling the flow of traffic and the use of traffic facilities.

    Accident (Legal meaning) an accident is any happening beyond the control of a person the

    consequences of which are not foreseeable. ( There is no criminal liability in accident provided, the

    following requisites or elements under the law must be satisfied; 1.) performance of a lawful act; 2.)

    with due care; 3.) causes injury to another by mere accident; 4.) without any fault or intention of causing

    it.)

    Fortuitous Event an event which takes place by accident and could not have been foreseen. In other

    words it is an Act of God which could neither be foreseen nor resisted, such as earthquake, lightning,

    flood, and the like.

    Force Majure is an inevitable accident or casualty, an accident produced by any physical cause which is

    irresistible. In other words it is an Act of Man, such robbery, fire, fault, negligence, rebellion, etc.

    Defensive Driving is an act of driving while preventing accidents despite of the wrong actions of others

    aggravated by the existence of adverse driving conditions. Which requires knowledge, alertness,

    foresight, judgment and skill.

    Last Clear Chance - it means that the driver who is in the better position to prevent the accident

    shoulders the responsibility of preventing the accident. The last clear chance principle is always applied

    in any traffic accidental investigation in order to justify penalized the driver who was not defensive in its

    driving.

    State of Necessity there is state of necessity even if the injury to a person results in his death, because

    self-preservation always makes the actor feel that his own safety is greater than that of another.

    Elements or requisites under the law; 1.) the evil sought to avoided actually exists ; 2.) the injury feared

    be greater that that done to avoid it; 3.) that there is no other practical and less harmful means of

    preventing it.

    Imprudence indicates deficiency of action. If a person fails to take the necessary precaution to avoid

    injury to a person or damage to property, there is imprudence. Imprudence usually involves lack of skill.

    Negligence indicates a deficiency of perception. If a person fails to pay proper attention to use due

    diligence in foreseeing the injury or damage impending to be caused there in negligence. Negligence

    usually involves lack of skill.

  • Motor Vehicle shall mean any vehicle propelled by any power other than muscular power using the

    public highways, but exempting road rollers, trolley cars, street sweepers, bulldozers, graders, fork-lifts,

    cranes, vehicles which runs only on rails or tracks, tractors, trailers, and traction engine.

    Articulated Vehicle- shall mean any motor vehicles with a trailer having no front axle and so attached

    that part of the trailer rest upon the motor vehicle and a substantial part of the weight of the trailer and

    of its load is born by the motor vehicle.

    Transfer Evidence it is an evidence found at the accident scene that will connect to the suspected

    vehicle and with the crime scene.

    Traffic Actuated Signal is controlled by an individual using his hands in signaling the flow of traffic

    wherein traffic shall proceed in accordance with the desire of the individual controlling the flow of

    traffic.

    Historical Accounts in Traffic

    Sources of Power In Transportation

    1. Man Power

    2. Animal Power

    3. Water and Air Power

    4. Petroleum Fuel

    5. Bi-fuel, biogas, and Ethanol fuel

    6. Hydrogen

    7. Electric

    Development of Roads

    Stone paved streets are found in the city of Ur in the Middle East dating back to 4000 BC. The Romans

    built roads to last. one meter in height, the road was built up in four layers: slabs embedded in mortar

    formed the foundation; masonry made up the second; the third, finally, the rolling surface could be

    simply broken stones, paving stones, or bricks depending on traffic.

    1750 Trsaguet in France and Metcalfe in the UK proposed a method of construction relying on a firm

    well-drained foundation of large rocks topped by progressively smaller ones, forming a convex surface

    to make it more impervious to water.

    Around the end of the eighteenth century Telford in the UK proposed a similarly robust concept,

    perhaps too much so for traffic needs (he had been looking forward eagerly to steam-powered vehicles),

  • with the result that it was rather expensive due mainly to its thickness and very solid foundation,

    intended to compensate for unstable roadbeds.

    Macadam at the beginning of the 19th century to develop the far more economical approach which is

    still used today in adapted forms, usually with a coating of bitumen to seal it.

    Development of Motor vehicle

    One of the most important landmarks in engine design comes from Nicolaus Otto who in 1876 invented

    an effective gas motor engine. Nicolaus Otto built the first practical four-stroke internal combustion

    engine called the "Otto Cycle Engine," and when he completed his engine, he built it into a motorcycle.

    Gottlieb Daimler is thought to have invented the first real motorcycle in 1885.

    The original Benz Patent Motorwagen, first built in 1885 and awarded the patent for the concept

    In 1879, Benz was granted a patent for his first engine, which had been designed in 1878. Many of his

    other inventions made the use of the internal combustion engine feasible for powering a vehicle.

    Key Personalities in Transportation

    Ferdinand Verbiest, a member of a Jesuit mission in China, built the first steam-powered vehicle around

    1672 which was of small scale and designed as a toy for the Chinese Emperor, that was unable to carry a

    driver or a passenger, but quite possibly, was the first working steam-powered vehicle ('auto-mobile')

    In Russia, in the 1780s, Ivan Kulibin developed a human-pedalled, three-wheeled carriage with modern

    features such as a flywheel, brake, gear box, and bearings; however, it was not developed further

    Franois Isaac de Rivaz, a Swiss inventor, designed the first internal combustion engine, in 1806, which

    was fueled by a mixture of hydrogen and oxygen

    In November 1881, French inventor Gustave Trouve demonstrated a working three-wheeled automobile

    that was powered by electricity

    hydrogen powered FCHV (Fuel Cell Hybrid Vehicle) was developed by Toyota in 2005

    A compressed air car is an alternative fuel car that uses a motor powered by compressed air. The car can

    be powered solely by air, or by air combined (as in a hybrid electric vehicle) with gasoline/diesel/ethanol

    or electric plant. This type of vehicles will be released this year 2009.

    Summary of the Historical Accounts of Transportation

    Montgolfier's Hot Air Balloons

    Wright Brother's Flyer

    Nicolas Joseph Cugnot's steam powered car

  • 3500 BC Fixed wheels on carts are invented - the first wheeled vehicles in history. Other early wheeled

    vehicles include the chariot.

    3500 BC River boats are invented - ships with oars

    2000 BC Horses are domesticated and used for transportation.

    181-234 The wheelbarrow is invented.

    770 Iron horseshoes improve transportation by horse

    1492 Leonardo da Vinci first to seriously theorize about flying machines - with over 100 drawings that

    illustrated his theories on flight

    1620 Cornelis Drebbel invented the first submarine - an human oared submersible

    1662 Blaise Pascal invents the first public bus - horse-drawn, regular route, schedule, and fare system

    1740 Jacques de Vaucanson demonstrates his clockwork powered carriage

    1783 First practical steamboat demonstrated by Marquis Claude Francois de Jouffroy d'Abbans - a

    paddle wheel steamboat

    1783 The Montgolfier brothers invent the first hot air balloons

    1787 Steamboat invented

    1769 First self-propelled road vehicle invented by Nicolas Joseph Cugnot

    1790 Modern bicycles invented

    1801 Richard Trevithick invented the first steam powered locomotive (designed for roads)

    1807 Isaac de Rivas makes a hydrogen gas powered vehicle - first with internal combustion power -

    however, very unsuccessful design

    1807 First steamboat with regular passenger service - inventor Robert Fulton's Clermont

    1814 George Stephenson invents the first practical steam powered railroad locomotive

    1862 Jean Lenoir makes a gasoline engine automobile

    1867 First motorcycle invented

    1868 George Westinghouse invents the compressed air locomotive brake - enabled trains to be stopped

    with fail-safe accuracy

    1871 First cable car invented

  • 1885 Karl Benz builds the world's first practical automobile to be powered by an internal combustion

    engine

    1899 Ferdinand von Zeppelin invents the first successful dirigible - the Zeppelin

    1903 The Wright Brothers invent and fly the first engined airplane

    1907 Very first helicopter - unsuccessful design

    1908 Henry Ford improves the assembly line for automobile manufacturing

    1908 Hydrofoil boats co-invented by Alexander Graham Bell & Casey Baldwin - boats that skimmed

    water

    1926 First liquid propelled rocket launched

    1940 Modern helicopters invented

    1947 First supersonic jet flight

    1956 Hovercraft invented

    1964 Bullet train transportation invented

    1969 First manned mission (Apollo) to the Moon

    1970 First jumbo jet

    1981 Space shuttle launched

    Development of Traffic Signs

    On 10 December 1868, the first traffic lights were installed outside the British Houses of Parliament in

    London, by the railway engineer J. P. Knight.They resembled railway signals of the time, with semaphore

    arms and red and green gas lamps for night use. The gas lantern was turned with a lever at its base so

    that the appropriate light faced traffic. Unfortunately, it exploded on 2 January 1869, injuring the

    policeman who was operating it

    The modern electric traffic light is an American invention. As early as 1912 in Salt Lake City, Utah,

    policeman Lester Wire invented the first red-green electric traffic lights.

    On 5 August 1914, the American Traffic Signal Company installed a traffic signal system on the corner of

    East 105th Street and Euclid Avenue in Cleveland, Ohio.It had two colours, red and green, and a buzzer,

    based on the design of James Hoge, to provide a warning for colour changes.

    Pedestrian Crossing

  • The pedestrian crossing were instituted in Britain in 1934. The roads were marked by dotted lines. On

    the pavement there were striped Belisha beacon light poles named after Britain's Minister of Transport

    L. Hore-Belisha. The Zebra crossing with black and white stripes was developed after the second world

    war.

    First Box Junction

    Box junctions, marked with yellow cross-hatching, were introduced in London during 1964. The aim was

    to prevent traffic blocking junctions when it could not proceed and this was successful.

    First Traffic Police Woman

    Police women were used for traffic control duties for the first time in Paris in 1964. In Delhi we

    introduced women traffic police in 1989.

    The Motor Car Act

    The Motor Car Act of Britain came into force on 1st January 1904. It required that all cars be registered

    and carry a number plate, and all motorists to have a driving licence. But there was no driving test to

    pass and the licence was obtained by filing up a form and paying the fee at a post office. The act made

    dangerous driving an indictable offence.

    Origin of our Traffic Laws

    CONVENTION ON ROAD TRAFFIC

    Geneva, 19 September 1949

    Components of Traffic Management

    Traffic Education comprises all means for public information and the safety education of both drivers

    and pedestrians as to traffic laws and the use of traffic facilities and an adequate training programs in

    traffic control throughout the police unit.

    Traffic Engineering that phase of engineering which deals with the planning and geometric design of

    streets, highways and abutting lands, and with traffic operation thereon, as their use is related to the

    safe, convenient and economic transportation of persons and goods.

    Traffic Law Enforcement comprises al police activities in connection with the direction of traffic,

    regulation and education of drivers, determine potential offenders, constant patrol, giving of assistance

    in the prosecution of offenders, investigation of accidents, follow-up complaints, requesting police

    action, warning, summoning or arrest of violators, reporting of road hazards and obstruction.

    Environment

    Enactment of Traffic Laws

  • Economy

    Driver

    Professional Driver shall mean every and any driver hired or paid for driving or operating a motor

    vehicle, whether for private use or for public.

    Categories of Drivers

    1. Tourist

    2. International Driver

    3. Government

    4. Professional

    5. Non-professional

    6. Student Permit

    Classification of Road

    1. National Road

    2. Provincial Road

    3. City Road

    4. Municipal Road

    5. Barangay Road

    6. Private Road

    Traffic Control Devices

    Traffic Islands are areas within the roadway constructed in a manner to establish physical channels

    through which vehicular traffic is guided, that will segregate pedestrian.

    Kinds of Traffic Islands

    1. Divisional and or Pedestrian Barrier

    2. Channelizing Island

    3. Refuge Island

    4. Rotary Island

  • Traffic Signs a device mounted on a fixed or portable means of words or symbols, officially created and

    installed for the purpose of regulating, warning and guiding traffic.

    Types of Traffic Signs

    1. Regulatory Signs - are intended to inform road-users of special obligations, instructions or

    prohibitions which must comply. A round shape is used for regulatory signs with exception of stop and

    yield signs.

    2. Warning Signs - are intended to warn road-users of danger on the road and to inform them of its

    nature. These signs have an equilateral triangular shape with one side horizontal.

    3. Guide or Informative Signs - are intended to guide road-users while they are traveling or to provide

    them with other useful information.

    Types of guide signs

    1. Route markings is usually found on highways composed of several lanes which are going into

    different direction.

    2. Destination and distance signs is usually erected on highway informing the motorist as to the

    number of kilometers and at which way to take going to its place of destination.

    3. Information signs is usually erected on highway which informs the motorist of the establishments in

    the era, such hospitals, restaurants, restrooms, hotels, and other establishments which provide services

    to motorist.

    TRAFFIC SIGNAL LIGHTS

    Traffic Light Signals is a power operated traffic control device by which traffic is warned or directed to

    take some specific actions.

    Traffic Actuated Signal is controlled by an individual using his hands in signaling the flow of traffic

    wherein traffic shall proceed in accordance with the desire of the individual controlling the flow of

    traffic.

    LIGHT: FLASHING RED

    1. This is the same as STOP SIGN.

    2. STOP at the designated line.

    3. Vehicles will be crossing from the other side

    4. Expect pedestrians to cross at the pedestrian lane.

    5. PROCEED WHEN CLEAR.

  • LIGHT: FLASHING YELLOW

    1. This is the same as a YIELD SIGN.

    2. Proceed through the intersection with caution.

    3. You have the right of way over a flashing RED light.

    4. Vehicles on the other side will proceed to a FULL STOP.

    LIGHT: STEADY GREEN AND STEADY LEFT/RIGHT ARROW

    1. Vehicles can go straight or vehicles on the left lane can make a left turn.

    2. Vehicles can go straight or vehicles on the right lane can make a right turn.

    3. The RIGHT GREEN signal might or might NOT have a road sign disallowing a right turn while the RED

    lights is ON.

    Most traffic jams are caused when traffic lights are inoperative either due to brownouts or when they

    are out of order.

    Whenever you approach a traffic signal light with all its lights OFF, and there are no traffic enforcers

    directing traffic, IT IS SAFER TO SLOW DOWN OR COME TO A COMPLETE STOP and make certain what

    the flow of traffic is.

    Too many accidents have happened with drivers on both side is SUPPOSED TO BE GREEN.

    PAVEMENT MARKINGS

    Pavement Markings are markings on the roads and surfaces whereby a message is conveyed by means

    of words or symbols, officially reflected for the purpose of regulating, warning and guiding traffic.

    TYPES OF PAVEMENT MARKINGS

    1. Curve markings are used to show where parking is legally prohibited or not allowed, such Bus Stop,

    or in front of a fire hydrant, drive way.

    2. Object Markings are painted on fixed poles, and on vertical ends of bridges and ports to avoid

    accidents.

    3. Reflectorized Markings are used to mark hazardous areas and also used as delineators or road

    limits, these delineators are aids especially during night driving, particularly when the alignment of a

    road changes and might confused the operator of the vehicle.

    4. Striped Curb Markings are markings used in traffic islands in order to warn the driver of the traffic

    island on the road and aids the motorist to its traffic lane.

  • 5. Painted Crosswalk are placed at intersections and other places where there is considerable

    pedestrians traffic to provide pedestrians with safety zones when crossing.

    6. Broken White Lines is used to define or separate traffic lanes. It permits crossing from one lane to

    another if there is ample passing distance, and if the opposing lane is clear of traffic.

    7. Solid White Line is used to separate opposing streams of traffic. Crossing is unlawful except where

    ample distance exists and where the opposing traffic lane is clear of traffic.

    8. Solid Yellow Line is your driving lane prohibits you from passing other vehicles.

    9. Double Yellow Line indicates two way traffic; were crossing of pedestrian and motorist is not

    allowed. It separates the opposing flow of traffic.

    10. Broken Yellow Lines is a two way/highway which means no overtaking or passing is permitted only

    when the road ahead is clear.

    11. Stop Line it indicates where stop should be made.

    Traffic Enforcement Action

    Enforcement action is usual limited to:

    1.) verbal or written warning;

    2.) summon or citation requiring the offender to appear in court;

    3.) arresting traffic violators for traffic violations not attended

    4.) suspension or revocation of license;

    5.) payment of fines or civil damages, and;

    6.) prosecution of criminal offenses in relation to traffic.

    Functions of Traffic Engineering

    1.) Fact finding surveys and recommendation of traffic rules and regulations.

    2.) Supervision and maintenance to the application of traffic control devices.

    3.) Planning of traffic regulations.

    Objectives of traffic Engineering

    1,) To achieve efficient, safe, free and rapid flow of traffic.

    2.) To prevent traffic accidents and casualties.

  • 3.) To present the role of traffic engineering in reducing the needs for police action and simplifying

    police performance.

    4.) To show that good police action and performance makes engineering plans effective.

    Elements of street and highway traffic

    1.) The road user

    2.) The vehicle and its load

    3.) The road.

    Police officers main functions in Traffic

    1.) Police traffic directions

    2.) Police traffic law enforcement

    3.) Police traffic accident investigation.

    Elements of traffic accident are;

    1.) the vehicle involved

    2.) the highway

    3.) the road user.

    TRAFFIC ACCIDENT INVESTIGATION

    The primary function of police in traffic is the protection of life and property, and accident investigation

    is very essential in trying to recover the cost of damage in an accident.

    Its purpose are:

    1.) securing facts upon which to base an accident prevention program;

    2.) determining responsibility or accident when possible. Ascertaining the facts of accident so that those

    involved can properly exercise claims under our civil law.

    The technique of investigating accident is to go back in reconstructing the accident as far as possible

    from the position of final rest of the traffic unit involved and determine the multiple causes and

    circumstances of the accident.

    R.A. 4136

    Conduction Stickers Issued under AO No. AO-DIR-001 shall be used exclusively for the transfer, road

    test, and demonstration of stocks by manufacturers and dealers including delivery of the unit to the

  • customer by a professional driver employed by manufacturer, assembler, importer or dealer so

    authorized in writing, NOT by the owner or his driver. The Conduction Stickers validity ceases when the

    unit is delivered to the owner

    It is NOT A PERMIT to operate an UNREGISTERED vehicle for seven (7) days in violation of Sec. 5 of RA

    4136 which is punishable with a penalty of P450 for the driver and P90 for the owner under DOTC Order

    No. 93-693 and impoundment until the vehicle is registered and penalties paid accordingly.

    Registration Classification of Vehicles

    1. Private

    2. For Hire

    3. Government

    4. Diplomatic

    Tourists bringing their own motor vehicles to the Philippines are, however, without registering such

    motor vehicles, use the same during but not after ninety (90) days of their sojourn: Provided, That the

    motor vehicle displays the number plates for the current year of some other country or state, and said

    number plates as well as the name and address (permanent and temporary) of the owner thereof are

    registered in the Land Transportation Office prior to the operation of the motor vehicle.

    If such tourist remain in the Philippines longer than ninety (90) days, the motor vehicle shall not

    operated unless registered in accordance with this Act and the corresponding registration fees paid. (As

    amended by PD No. 1057,and by BP Blg. 74, approved June 11, 1980.)

    1. No motor vehicle operating as a single unit shall exceed the following dimensions:

    2. Overall width - 2 and five-tenths meters

    3. Overall height- 11 meters

    4. Overall length:

    Freight vehicles

    - with two axles - 10 meters

    Passenger vehicles

    - with two axles - 11 meters

    Vehicles with

    - three or more axles 14 meters

  • No motor vehicle and/or trailer combination shall exceed eighteen meters in overall projected length,

    including any load carried on such vehicle and trailer.

    No articulated vehicle shall be allowed to draw or pull a trailer and no vehicle already drawing a trailer

    shall draw another.

    Registration Certificates, Records,

    Number Plates

    Use and authority of certificate of registration.-(a)The said certificate shall be preserved and carried in

    the car by the owner as evidence of the registration of the motor vehicle described therein, and shall be

    presented with subsequent applications for registration, transfer of ownership, or recording of

    encumbrances: Provided, That in lieu of the certificate of registration a true copy or Photostat thereof

    may be carried in the motor vehicle.

    Suspension of registration certificate

    Any motor vehicle is found to be unsightly, unsafe, overloaded, improperly marked or equipped, or

    otherwise unfit to be operated, or capable of causing excessive damage to the highways, or not

    conforming to minimum standards and specifications, the Commissioner may refuse to register the said

    motor vehicle, or if already registered, may require the number plates thereof to be surrendered to him,

    and upon seventy-two hours notice to the owner of the motor vehicle, suspend such, registration until

    the defects of the vehicle are corrected and/or the minimum standards and specifications fully complied

    with.

    Whenever it shall appear from the records of the Commission that during any twelve-month period

    more than three warnings for violation of this Act have been given to the owner of a motor vehicle, or

    that the said owner has been convicted by a competent court more than once for violation of such laws,

    the Commissioner may, in his discretion, suspend the certificate of registration for a period not

    exceeding ninety days and, thereupon, shall require the immediate surrender of the number plates.

    Use of Number plates

    At all times, every motor vehicle shall display in conspicuous places, one in front and one in the rear

    thereof, the said number plates.

    The number plates shall kept clean and cared for, and shall be firmly affixed to the motor vehicle in such

    a manner as will make it entirely visible and always legible.

    Except in the case of dealers number plates which may be used successively on various motor vehicles

    in stock, no person shall transfer, number plates from one motor vehicle to another.

    No dealers number plate shall be used on any motor vehicle after said vehicle has been sold and

    delivered to a purchaser, and no dealer shall allow such dealers number plates to be used on any motor

    vehicle after its sale and delivery to a purchaser.

  • Duty to have license

    Operation of motor vehicles by tourists. Bona fide tourists and similar transients who are duly licensed

    to operate motor vehicles in their respective countries may be allowed to operate motor vehicles during

    but no after, ninety days of their sojourn in the Philippines.

    If any accident involving such tourist or transient occurs, which upon investigation by the Commissioner

    or his deputies operate motor vehicles, the Commissioner shall immediately inform the said tourist or

    transient in writing that he shall no longer be permitted to operate a motor vehicle.

    After ninety days, any tourist or transient desiring to operate motor vehicles shall pay fees and obtain

    and carry a license as hereinafter provided.

    That no person shall be issued a professional drivers license who is suffering from contagious diseases,

    such as tuberculosis, sexually transmitted diseases and epilepsy or who is an alcohol or drug addict or

    dependent.

    For a professional drivers license, is at least eighteen years of age, possesses a valid student-drivers

    permit and has undergone instruction in the operation of motor vehicles for at least five months under a

    qualified instructor:

    For a non-professional drivers license, is at least seventeen years of age, possesses a valid student-

    drivers permit and has undergone instruction in the operation of motor vehicles for at least a month.

    Student-drivers permit. Director or his deputies may issue student-drivers permits, valid for one year

    to persons not under sixteen years of age, who desire to learn to operate motor vehicles.

    A student-driver who fails in the examination on a professional or non-professional license shall

    continue as a student-driver and shall not be allowed to take another examination at least one month

    thereafter. No student-driver shall operate a motor vehicle, unless possessed of a valid student-drivers

    permit and accompanied by a duly licensed driver.

    It shall be unlawful for any duly licensed driver to transfer, lend or otherwise allow any person to

    operate to use his license for the purpose of enabling such person to operate a motor vehicle.

    No owner of a motor vehicle shall engage, employ, or hire any person to operate such motor vehicle,

    unless the person sought to be employed is a duly licensed professional driver. (As amended by BP Blg.

    398, May 18, 1983.

    Confiscation of drivers license

    Law enforcement and peace officers of other agencies duly deputized by the Director shall, in

    apprehending a driver for any violation of this Act or of any regulations issued pursuant thereto, or of

    local traffic rules and regulations not contrary to any provisions of this Act or of any regulations not

    contrary to any provisions of this Act confiscate the license of the driver concerned and issue a receipt

    prescribed and issued by the Bureau

  • therefore which shall authorize the driver to operate a motor vehicle for a period not exceeding

    seventy-two hours from the time and date of issue of said receipt. The period so fixed in the receipt shall

    not be extended, and shall become invalid thereafter. Failure of the driver to settle his case within

    fifteen (15) days from the date of apprehension will be a ground for the suspension and/or revocation of

    his license.

    The rates of speed hereinabove prescribed shall not apply to the following

    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. The driver of a motor vehicle belonging to the Armed Forces while in use for official purposes in times

    of riot, insurrection of 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; and

    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 driving of drivers aforementioned.

    Overtaking a vehicle The driver of any motor vehicle overtaking another vehicle overtaking another

    vehicle proceeding in the same direction shall pass at a safe distance to the left thereof, and shall not

    again drive to the right side of the highway until safely clear of such overtaken vehicle except that on a

    highway, within a business or residential district, having two or more lanes for the movement of traffic

    in one direction, the driver overtaking and passing upon the right, another vehicle which is making or

    about to make a left turn.

    Right of Way. (a) When two vehicles approach or enter and intersection at approximately the same

    time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right, except as

    otherwise herein after provided. The driver of any vehicle traveling at any unlawful speed shall forfeit

    any right of way which he might otherwise have hereunder.

    The driver of a vehicle approaching but not having entered an intersection, shall yield the right of way to

    a vehicle within such intersection or turning therein to the left across the line of travel of such first-

    mentioned vehicle, provided the driver of the vehicle turning left has given a plainly visible signal of

    intention to turn as required in this Act.

    Parking prohibited in specified places

    1. Within an intersection

    2. On a crosswalk

  • 3. Within six meters of the intersection of curb lines.

    4. Within four meters of the driveways entrance to any fire station.

    5. Within four meters of a fire hydrant.

    6. In front of a private driveway

    7. On the roadway side of any vehicle stopped or parked at the curb or edge of the highway.

    8. At any place where official signs have been erected prohibiting parking.

    M.C NO. 94-188ISSUANCE OF DRIVERS LICENSE TO DISABLED PERSONS

    Applicant must be a holder of a student permit and must have undergone apprenticeship for at least

    thirty days

    1. He/she must be at least seventeen years old

    2. He/she must submit a medical certificate indicating the physical and mental state of the applicant

    from an accredited LTO Physician or government physician.

    3. He/she must pass the written and practical examination.

    All physically handicapped persons who passed the qualification requirements shall be issued a non-

    professional drivers license only.

    Only the following disabled persons are entitled to secure the above-mentioned drivers license, to wit:

    1. Orthopedically impaired - person with amputated left or right leg, amputated left or right arm, post-

    polio victims with one paralyzed leg either left or right.

    2. Partially blind person with no left eye but good right eye sight or no right eye but with good left eye

    sight.

    3. Speech and hearing impaired person unable to speak but can hear or partially Hear.

    Orthopedically impaired applicant should only drive the customized vehicle duly inspected and

    registered at LTO Office and duly indicated in the drivers license. Driving is limited to daytime, which is

    from 6:00 A.M. to 6:00 P.M.

    TRAFFIC ENFORCEMENT ACTION

    1. Detection

    2. Apprehension

    3. Prosecution

  • 4. Adjudication

    5. Penalization

    TRAFFIC PATROL

    Traffic Patrol May be conducted on area or line bases which refer to the territory covered. It includes,

    for enforcement purposes, stationary observation to detect drivers behavior as well as moving about to

    detect violators. Traffic patrol reefers to the observation of road conditions, the behavior of the drivers

    and other users of vehicles for the purpose of traffic supervision and law enforcement and providing

    authorized traffic-connected services to the public.

    Line Patrol Conducts observation either in moving or stationary observation at a certain route or point

    of a major street in a city.

    Area Patrol Conduct observation either by moving patrol or stationary observation in a certain area,

    which included a number of streets roads or sections of a highway.

    Stationary Observation Observation of traffic conditions of a selected place, usually one with

    unfavorable accident experiences for traffic law supervision. Stationary observation may be

    conspicuous, visible or concealed, depending upon the location of the patrol unit in relation to the

    street under observation.

    Conspicuous Observation Stationary observation in which the observer remains in full review of traffic

    conditions.

    Visible Observation Stationary observation in which observer is full view but so located, for example,

    at Side Street, so as to require effort on the part of traffic users to discover the observer.

    Concealed Observation Stationary observation in which the observer is not visible to persons using

    ordinary power of observation form the roadway being observed.

    Purpose of Traffic Patrol

    1. Deterrent to violations and dangerous driving.

    2. Detecting and apprehending violators.

    3. Observing and reporting traffic conditions.

    4. Observing and reporting road conditions, including view obstruction, which needs attention.

    5. Providing certain services to the public.

    Handling emergencies as they arise and keeping traffic flow smoothly.

    Road Intelligence Unusual points of serious congestion must be noted. You may observe an unusual

    amount of delay at a certain intersection each morning and when you learn that it is due to loading or

  • unloading of passengers on a No Loading Zone, be sure to report the situation at once to your superior

    officer.

    Report congestion that ties up traffic for a block or more. Also report unnecessary delay at stop signs or

    signals which are installed when traffic is heavier. Include in your report all road and bridge conditions.

    TRAFFIC ACCIDENT ANALYSIS

    1) condition of the motor vehicles involved in the accident;

    (2) condition of the drivers at the time of the accident;

    (3) load of the vehicle;

    (4) weather condition;

    (5) characteristics of the road, which involves the design condition, and inhabitants of the place of

    accident; (6) presence or absence of traffic sign and its condition. All these factors must considered in

    order to fully uncover the reasons of the accident, and thereby provide a factual bases in coming-up

    with a traffic prevention program and traffic plans and programs.

    TRAFFIC INVESTIGATION

    (1) securing facts upon which to base an accident prevention program;

    (2) determining whether or not laws have been violated, gathering evidence which will reveal the road

    user responsible for the accident, and taking on-the-scene police action; and

    (3) ascertaining the facts so that those involved in accidents can properly exercise claims under our Civil

    Law.

    The determining factors of the time and place in Key Events

    Key Event means the one which characterizes the manner of the occurrence of the traffic accident. It

    determines the time, place, and type of accident.

    Point of Possible Perception is the place and time at which the unusual or unexpected movement or

    condition could have been perceive by a normal person.

    Delay in Perception or Perception Time it is the time between the point of possible perception and

    actual perception.

    Prompt Perception is the perception of hazard which is actually nearly the possible accident.

    Maximum Delayed Perception occurred when the traffic unit does not sense a hazard until he hits

    another vehicle.

  • Point of No Escape is the place and time after or beyond which the accident cannot be prevented by

    the traffic unit under consideration.

    Point of Impact is used to mean as the point of initial contact, sometimes it is considered the point of

    maximum engagement or center of force.

    Final Position is the place and time when the object involved in the accident finally come to rest

    without application of power.

    Chain of Events is the making up of accident or the link which explains the occurrence of the accident

    and its components are present in every accident.

    Perception of hazard is the point of sensory warning at which the operator sensed the approaching

    hazard. The driver may not comprehend or recognized the hazard in all of its implications at this point of

    perception, but there was a warning. The normal routine is perception, realization, or recognition,

    decision, and action.

    Possible perception - is a link in the accident chain dealing with the reaction of a normal person. Prompt

    perception occurs when possible and actual perception are very close. Maximum delayed perception

    occurs when actual perception is delayed until impact shock alerts the driver..

    Encroachment is the movement of a vehicle into the path assigned to the other traffic unit.

    Evasive Action is the first action taken by a traffic unit to escape from a collision course or otherwise

    avoid the hazard.

    Point of no escape is that location and that time after or beyond which an accident cannot be

    prevented by the driver or pedestrian.

    Initial Contact it is the first accidental touching of an object collided with by a traffic unit in motion.

    Maximum Engagement is the greatest collapse or overlap in a collision.

    Disengagement is the separation of a traffic unit in motion from an object with which it has collided.

    Final Rest of Stopping it usually stabilizes the accident situation where both vehicles in a collision has

    ceases its force, and stopping may occur with or without control by the driver or pedestrian

    Skidmarks are marks on the road left by tires that are not fee to rotate usually because brakes are

    applied strongly to lock wheels.

    Nine (9) Kinds of skidmarks

    1. Pavement Grinding is the collection of many fine scratches and some larger one form by particles of

    gritty materials such as stone, gravel, glass and sometimes bit of metal embedding itself in the rubber of

    the tire or in the thread pattern and being ground or scored against the road surface.

  • 2. Tire Grinding is the collection of particles of rubber ground from the tire surface by gritty paving,

    especially before the tire gets hot enough smear. It occur on hard, dry, granular surfaces, particularly

    weathered or new but not traffic-polished cement.

    3. Erasing is a clean light area where a sliding tire had erased or removed dirt from the pavement.

    Erasing is most likely to be found on traffic-polished concrete road.

    4. Squeeze Mark are areas where a sliding tie rubs moisture of the surface in its path. It occurs on

    some kind of surface as erasing except that the surface is wet.

    5. Smear of Soft Material materials such as snow, mud, or debris usually wet smooth or spread by a

    sliding tire. It occurs on road covered with snow, or mud.

    6. Smear of Bituminous Material is excess asphalt or tar, usually warm which spread by a sliding tire

    this occurs in pavement patches and joints in very warm weather and else where when there is an

    excess of tar or asphalt bleeding to the surface.

    7. Tire Smear is a rubber melted from the tire rather than material melted from the road by a sliding

    tire.

    8. Scrub of Tire during Collision collision of cars usually cause the wheel to jam and prevents it from

    turning. If the vehicles are moving there will be a heavy scrubbing action between tire and road surface.

    9. Furrow is a ploughed depression made by a sliding tire with material piled-up on each sides and

    usually at the end. If the soil is smooth and sticky, there may be soft material smear in the bottom of the

    rut.

    Types of Ending Skidmarks

    1. Overlapping Skidmark occurs when the rear wheels track on top of the front wheel marks in sliding.

    2. Front Wheel Marks are in long skids on hard pavement with bituminous binders. Front wheels

    skidmarks in which most of the mark is at edge of the tire.

    3. Rear Tire Marks are relatively faint because of lesser weight on the tire in slowing. They may show

    thread grooves when the front tire marks do not.

    4. Flat Tire Scuffs will leave marks by a scrubbing action even without application of brakes due to

    overload.

    5. Gaps in Skidmarks are interruptions in skidmarks made by release of brake pressure and its

    reapplication.

    6. Skip Skid are skidmarks that are broken or interrupted without brakes being release.

    7. Curb in Skidmarks are usually gentle slides toward the edge of the road which is simply downhill.

  • Scuff Marks are signs left on the road by tires that are sliding or scrubbing while the wheel is still

    turning.

    Types of Scuff Marks

    1. Decelerating Scuff are left while the vehicle is slowing by braking effort and tires are both sliding

    and rolling.

    2. Accelerating Scuff are left by a wheel driven by the engine and spinning on the ground.

    3. Side Scuff are scuff marks left by a tire that is free to rotate without braking or power the sliding

    sidewise, these are usually left by a vehicle steering around a curb and also in collision.

    4. Combination Scuff are combination of slide with either decelerating or accelerating scuffs.

    5. Flat Tire Scuff are marks lefts on the road by the edges of under-inflated or greatly overloaded tires.

    They are usually smear of rubber, a flat tire rolls it become a very hot specially at the edges where the

    pressure is greatest.

    6. Scrub of Tire during collision it is much the same when the wheel is rotating as when it is locked.

    7. Furrows by a rotating and sliding wheel are little different than one with a locked wheel.

    CAUSES OF TRAFFIC ACCIDENT

    1. Direct Causes the direct causes of an accident are observable by witness and participants, or may be

    constructed from physical evidence found at the scene. Since a direct cause relates to the action of the

    human part of the traffic unit concerned it is a behavior cause. Usually only four direct causes are

    considered in accident investigation;

    a. Initial Behavior - Any movement, position, or failure to signal intent to make a traffic maneuver that

    creates a dangerous situation and is either hazardous, illegal, improper, or unusual may be initial

    behavior of a nature justly term a direct cause of an accident.

    b. Speed Too fast for conditions is the direct cause of many accidents.

    c. Delayed Perception Is inattention to the major task of operating a motor vehicle, and occurs when

    the driver is distracted by conversation with other occupants of the car, lighting a cigarette or cigar,

    looking at a roadway or the scenery, or glancing at occupants of nearby vehicles.

    d. Faulty Evasive Action Faulty evasive action always occurs after perception and is the reaction of a

    driver or pedestrian to a hazardous situation on the highway.

    2. Mediate and Early Causes These mediate and early causes of an accident are also termed condition

    causes in formalized accident investigation procedure.

  • A mediate cause of an accident occurs between the early and the direct causes in the time span leading

    to the accident, but it has a closer relationship to the direct cause than to the early causes.

    A mediate cause should not be listed unless it explains the direct cause of an accident. A mediate cause

    of an accident is an irregular or unusual condition of a vehicle, the road, the weather, or of a road user

    (driver or pedestrian) that explains on of the four direct causes of an accident: initial behavior, speed,

    delayed perception and faulty evasive action.

    3. Early Causes - An early cause of an accident results from the act of any individual, or the failure to act

    by any person, which creates conditions leading to the chain of events making up an accident.

    An early cause of an accident has been defined as an act or negligence on the part of an individual or an

    organization which causes or permits a mediate cause to exist.

    HIT AND RUNINVESTIGATION

    Characteristics of Hit-and Run Drivers

    The hit-and-run accident is entirely and premeditated, of course, and the driver usually feels remorse at

    having done harm to someone.

    1. After living the scene, he dreads or frighten of being caught.

    2. He may have left the accident scene because he was shocked, injured, or intoxicated.

    3. He may have been too confused to know he was doing.

    4. He may have a long record of violations or accidents and therefore a terrible fear of getting further

    involve with the law.

    5. More often, he fears financial loss specially if he does not have liability insurance.

    6. Hit-and run drivers do not have a establish method of operation unlike with criminals.

    CARNAPPING

    REPUBLIC ACT NO. 6539 - AN ACT PREVENTING AND PENALIZING CARNAPPING

    "Carnapping" is the taking, with intent to gain, of a motor vehicle belonging to another without the

    latter's consent, or by means of violence against or intimidation of persons, or by using force upon

    things.

    "Motor vehicle" is any vehicle propelled by any power other than muscular power using the public

    highways, but excepting road rollers, trolley cars, street-sweepers, sprinklers, lawn mowers, bulldozers,

    graders, fork-lifts, amphibian trucks, and cranes if not used on public highways, vehicles, which run only

    on rails or tracks, and tractors, trailers and traction engines of all kinds used exclusively for agricultural

  • purposes. Trailers having any number of wheels, when propelled or intended to be propelled by

    attachment to a motor vehicle, shall be classified as separate motor vehicle with no power rating.

    P.D. NO. 1911

    "Sec. 12-A.All carnapped or stolen motor vehicle, recovered and impound by law enforcement agencies

    which after a period of three (3) months from the date of its seizure/recovery have remained unclaimed

    or whose real owners could no longer be determined or established because the original numbers of the

    motor engine or chassis numbers could no longer be determined and restored, are considered as

    abandoned motor vehicles and shall be sold and disposed of by the Chief of Constabulary of his

    authorized representative in a public auction;

    Provided, That, in all cases before any public auction is effected, there shall be published once a week

    for three (3) consecutive weeks in a newspaper of general circulation in the Philippines or in the place

    where it was recovered or found, a description of the motor vehicles intended to be auctioned with a

    notice that after the lapse of one month from the date of the last publication, should no person file a

    claim for the recovery of the same, said motor vehicles will be sold at public auction; Provided, Finally

    that the date and place of the public auction to be conducted by the Chief of Constabulary or his

    authorized representative shall already be fixed in the last publication aforementioned.

    PD. 1612

    "Fencing" is the act of any person who, with intent to gain for himself or for another, shall buy, receive,

    possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in

    any article, item, object or anything of value which he knows, or should be known to him, to have been

    derived from the proceeds of the crime of robbery or theft.

    "Fence" includes any person, firm, association corporation or partnership or other organization

    who/which commits the act of fencing.

    PRESIDENTIAL DECREE NO. 96

    1. That it shall be unlawful for the owner or possessor of any motor vehicle to use or attach to his

    vehicle any siren, bell, horn, whistle, or other similar gadgets that produce exceptionally loud or startling

    sound, including dome lights, blinkers and other similar signaling or flashing devices.

    2. The gadgets or devices mentioned above may be attached to and use only on motor vehicles

    designated for official use by the Armed Forces of the Philippines, National Bureau of Investigation, Land

    Transportation Commission, Police Departments, Fire Departments, and hospital ambulances.

    Any device or gadget installed or mounted on any motor vehicle or otherwise used in violation of this

    decree shall be subject to immediate confiscation and, in cases of a second and subsequent offenses,

    the offender shall be prosecuted for violation of this Decree before the military tribunal and, upon

    conviction thereof, shall suffer the penalty of imprisonment for six months and/or a fine of 600 pesos. In

  • addition, the certificate of registration of the motor vehicle on which the unauthorized gadget or device

    herein mentioned is installed, mounted or used shall be cancelled or revoked.