Article 91p. 91

COMMERCIAL LAWS NEGOTIABLE INSTRUMENTS, CORPORATION, INSURANCE, TRANSPORTATION, BANKING

Motor vehicles with changed or rebuilt bodies, such as

jeepneys, jitneys, or station wagons, using a chassis of the

usual pneumatic-tire passenger automobile type, shall

also be classified as passenger automobile, if their net

allowable

carrying

capacity,

as

determined

by

the

Commissioner of Land Transportation, does not exceed

nine passengers and if they are not used primarily for

carrying freight or merchandise.

The

distinction

between

"passenger

truck"

and

"passenger automobile" shall be that of common usage:

Provided , That a motor vehicle registered for more than

nine

passengers

shall

be

classified

as

"truck":

And

Provided ,

further ,

That

a

"truck

with

seating

compartments at the back not used for hire shall be

registered under special "S" classifications. In case of

dispute, the Commissioner of Land Transportation shall

determine the classification to which any special type of

motor vehicle belongs.

(c)" Articulated vehicle " shall mean any motor vehicle with

a trailer having no front axle and so attached that part of

the trailer rests upon motor vehicle and a substantial part

of the weight of the trailer and of its load is borne by the

motor

vehicle.

Such

a

trailer

shall

be

called

as

"semi-trailer."

(d)" Driver " shall mean every and any licensed operator of

a motor vehicle.

(e)" Professional driver " shall mean every and any driver

hired or paid for driving or operating a motor vehicle,

whether for private use or for hire to the public.

Any person driving his own motor vehicle for hire is a

professional driver.

(f)" Owner " shall mean the actual legal owner of a motor

vehicle, in whose name such vehicle is duly registered

with the Land Transportation Commission.

The "owner" of a government-owned motor vehicle is the

head of the office or the chief of the Bureau to which the

said motor vehicle belongs.

(g)" Dealer "

shall

mean

every

person,

association,

partnership,

or

corporation

making,

manufacturing,

constructing,

assembling,

remodeling,

rebuilding,

or

setting up motor vehicles; and every such entity acting as

agent for the sale of one or more makes, styles, or kinds of

motor vehicles, dealing in motor vehicles, keeping the

same in stock or selling same or handling with a view to

trading same.

(h)" Garage " shall mean any building in which two or

more motor vehicles, either with or without drivers, are

kept ready for hire to the public, but shall not include

street stands, public service stations, or other public

places designated by proper authority as parking spaces

for motor vehicles for hire while awaiting or soliciting

business.

(i)" Gross weight " shall mean the measured weight of a

motor vehicle plus the maximum allowable carrying

capacity in merchandise, freight and/or passenger, as

determined by the Commissioner of Land Transportation.

(j)" Highways "

shall

mean

every

public

thoroughfare,

public

boulevard,

driveway,

avenue,

park,

alley

and

callejon , but shall not include roadway upon grounds

owned by private persons, colleges, universities, or other

similar institutions.

(k)" The Commissioner of Land Transportation or his

deputies " shall mean the actual or acting chief of the

Land Transportation Commission or such representatives,

deputies, or assistants as he may, with the approval of the

Secretary of Public Works and Communications, appoint

or designate in writing for the purpose contemplated by

this Act.

(l)" Parking or parked ", for the purposes of this Act, shall

mean that a motor vehicle is "parked" or "parking" if it has

been brought to a stop on the shoulder or proper edge of

a highway, and remains inactive in that place or close

thereto for an appreciable period of time. A motor vehicle

which properly stops merely to discharge a passenger or

to take in a waiting passenger, or to load or unload a

small quantity of freight with reasonable dispatch shall

not be considered as "parked", if the motor vehicle again

moves away without delay.

(m)" Tourist " shall mean a foreigner who travels from place

to place for pleasure or culture.

ARTICLE III Administration of Act

SECTION 4. Creation of the Commission . — (a) There is

created under the Department of Public Works and

Communications an office which shall be designated and

known

as

the

Land

Transportation

Commission,

composed

of

one

Commissioner

and

one

Deputy

Commissioner, who shall be vested with the powers and

duties

hereafter

specified.

Whenever

the

word

"Commission" is used in this Act, it shall be deemed to

mean

the

Land

Transportation

Commission,

and

whenever the word "Commissioner" is used in this Act, it

shall be taken to mean the Commissioner or Deputy

Commissioner.

The Commissioner and the Deputy Commissioner shall

be natural-born citizens and residents of the Philippines,

and they shall be appointed by the President of the

Philippines, with the consent of the Commission on

Appointments

of

the

Congress

of

the

Philippines:

Provided ,

however ,

That

the

present

Administrator,

Assistant Administrator and the personnel of the Motor

Vehicles

Office

shall

continue

in office without the

necessity of reappointment.

(b)The Commissioner and Deputy Commissioner shall

hold

office

until

removed

in

accordance

with

the

provisions of the Revised Administrative Code.

(c)The

Commissioner

shall

receive

an

annual

compensation of twelve thousand pesos and the Deputy

Commissioner, an annual compensation of ten thousand

four hundred pesos. The Commissioner shall be assisted

by one head executive assistant (MV regulation adviser or

chief),

one

administrative

officer,

one

registration

regulation

chief,

one

inspection,

examination

and

licensing

regulation

chief,

one

law

and

traffic

enforcement regulation chief, one provincial regulation

chief,

one

utility

and property regulation chief, one

accounting officer, one internal chief auditor, and one

personnel

officer,

who

shall

receive

an

annual

compensation of nine thousand pesos each; eight land

transportation regional directors who shall receive an

annual compensation of eight thousand four hundred

pesos

each

and

eight

land

transportation

assistant

regional

directors,

who

shall

receive

an

annual

compensation of seven thousand pesos each and ten

assistant regulation chiefs, who shall receive an annual

compensation of seven thousand pesos each.

(d)The Commission shall have its offices in Quezon City

where the present Motor Vehicle Office is located, and

shall

establish

a

regional

branch

office

each

in

Tuguegarao (Cagayan), Baguio City, Pasig (Rizal), Lipa

City, San Fernando (La Union), Naga City, Cebu City, Iloilo

City, Cagayan de Oro City, and Davao City, to be headed

by

a

regional

director

who

will

have

immediate

administration, supervision and control over all activities

and administration of the Commission in the respective

regions.

The

Commissioner

shall

be

responsible

for

the

administration of this Act and shall have, in connection

therewith, the following powers and duties, in addition to

those mentioned elsewhere in this Act:

(1)With the approval of the Secretary of Public Works and

Communications, to issue rules and regulations not in

conflict with the provisions of this Act, prescribing the

procedure for the examination, licensing and bonding of

drivers;

the

registration and re-registration of motor

vehicles, transfer of ownership, change of status; the

replacement of lost certificates, licenses, badges, permits

or

number

plates;

and

to

prescribe

the

minimum

standards and specifications including allowable gross

weight, allowable length, width and height or motor

© Compiled by RGL

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