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Batas Pambansa Bilang 398

nt-driver under his direction."

Sec. 11. Section thirty-two of the same Act is amended to read as follows:

"Sec. 32.(a) Exceeding registered capacity, issuance of conductor's license, validity and fee. – No person operating any motor vehicle shall allow more passengers or more freight or cargo in his vehicle than its registered carrying capacity. In the case of public utility trucks or buses, the conductor shall be exclusively liable for the violations of this section or of Section thirty-two, letter (c) hereof: Provided, That the conductor before being employed by any public service operator shall get a permit or license from the Bureau and pay the fee prescribed in accordance with law, for said license or permit issued in his favor, which shall be valid for three years, and the same is renewable on or before the last working day prior to or on his birthdate, attaching a readily recognizable photograph taken by the Bureau and after presentation of a medical certificate of fitness of applicant.

"Passenger trucks may be allowed to construct any cargo-carrying device at the rear or at the side of the truck, subject to the approval of the Director: Provided, however, That the total weight of the device, including the cargo, shall not exceed one hundred kilos.  

"(b) Carrying of passengers and freight on top of vehicles. – No person operating a motor vehicle shall allow any passenger to ride on the cover or top of such vehicles: Provided, however, That, subject to such conditions as may be contained in permits that may be issued by the Director, baggage or freight may be carried on the top of a truck so long as the weight thereof does not exceed twenty kilos per square meter and is distributed in such a manner as not to endanger the passengers or stability of the truck.

"(c) Riding on running boards. – No driver shall allow any person to ride on the running board, step board, or mudguard of his motor vehicle for any purpose while the vehicle in motion.

Sec. 12. Section fifty-six of the same Act is amended to read as follows:

"Sec. 56. Penalty for violation. – The following penalties shall be imposed for violations of this Act:

"(a) For registering later than seven days after acquiring title to an unregistered motor vehicle or after conversion of a registered motor vehicle requiring larger registration fee than for which it was originally registered, or for a renewal of a delinquent registration, the penalty shall be a fine of fifty per cent of the registration fees corresponding to the portion of the year for which the vehicle is registered for use.

"(b) For failure to sign driver's license or to carry same while driving, one hundred pesos fine.

"(c) Driving a vehicle with a delinquent or invalid driver's license, two hundred pesos fine or imprisonment not exceeding ten days, at the discretion of the court.  

"(d) Driving a motor vehicle with delinquent, suspended or invalid registration, or without registration or without the proper license plate for the current year, three hundred pesos fine or imprisonment not exceeding fifteen days, at the discretion of the court.

"(e) Driving a motor vehicle without first securing a driver's license, five hundred pesos fine and imprisonment of not exceeding fifteen days.

"(f) Driving a motor vehicle while under the influence of liquor or narcotic drug, a fine of not less than one thousand pesos or imprisonment of not less than three nor more than six months, or both, at the discretion of the court.

"(g) Violation of Sections thirty-two, thirty-four (a), (b), and (b-1), thirty-five and forty-six, a fine not exceeding one hundred pesos: Provided, however, That in the case of violation of Section thirty-four (b) the vehicle or vehicles affected may not be allowed to operate, unless the requirement provided in this section are complied with.

"(h) Violations of Sections forty-nine, fifty-one, and fifty-two, a fine of not less than twenty-five pesos nor more than fifty pesos.

"(i) For using or attempting to use a driver's license, identification card, certificate of registration, number plate, tag or permit in similitude of those issued under this Act, or falsely or fraudulently representing as valid and in force any driver's license under this Act which is delinquent or which has been suspended or revoked, a fine of not less than one thousand nor more than three thousand pesos or imprisonment of not more than six months, or both, at the discretion of the court.  

"For making, manufacturing, distributing or selling a driver's license, identification card, certificate of registration, number plate, tag or permit in imitation or similitude of those issued under this Act, the penalties under the provisions of the Revised Penal Code.

"If the violation is committed by a public officer or employee, the offender shall furthermore suffer perpetual absolute disqualification.

"(j) For using private passenger automobiles, private trucks, private motorcycles, and motor wheel attachments for hire, in violation of Section seven, subsections (a), (b), and (c), of this Act, a fine of two hundred pesos and suspension of driver's license for a period of three months for the first conviction; a fine of three hundred pesos and six months imprisonment of one year and permanent revocation of the driver's license for the third conviction.

"(k) For permitting, allowing, consenting to, or tolerating the use of privately-owned motor vehicles for hire in violation of Section seven, subsections (a), (b), and (c), of this Act, there shall be imposed upon the owner of the vehicle as fine of five hundred pesos and the certificate of registration shall be suspended for a period of three months for the first conviction, and an increase of one hundred pesos in the fine and one month's suspension of the registration for each subsequent conviction.

"(l) For violation of any provisions of this Act or regulations promulgated pursuant hereto, not hereinbefore specifically punished, a fine of not less than one hundred nor more than five hundred pesos shall be imposed.

"(m) In the event an offender cannot pay any fine imposed pursuant to the provisions of this Act, he shall be made to undergo subsidiary imprisonment as provided for in the Revised Penal Code.    

"(n) If, as the result of negligence or reckless or unreasonable fast driving, any accident occurs resulting in death or injury of any person, the motor vehicle operator at fault shall, upon conviction, be punished under the provisions of the Revised Penal Code."

Sec. 13. The fees and charges herein provided as well as those provided in other sections of the same Act may be revised by the Minister of Transportation and Communications, upon the recommendation of the Director, subject to the approval of the Cabinet. Such fees and charges shall be revised at just and reasonable rates sufficient to cover administrative costs, and, whenever practicable, be uniform for similar or comparable services and functions.  

Sec. 14. For purposes of simplicity, economy and efficiency in operations and implementation, the Director, subject to the approval of the Minister of Transportation and Communications, is hereby authorized to promulgate rules and regulations for the rational and equitable issuance and renewal of licenses during the first three years following the effectivity of this Act, including the said period. Accordingly, the Director shall proportionately reduce the fees corresponding to the period of validity of the driver's license.  

Sec. 15. This Act shall take effect upon its approval.

Approved: May 18, 1983.

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