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COMMERCIAL LAWS NEGOTIABLE INSTRUMENTS, CORPORATION, INSURANCE, TRANSPORTATION, BANKING
SECTION 22. Driver ' s License , Fees , Examination . — Every
person who desires personally to operate any motor
vehicle shall file an application to the Commissioner or
his
deputies
for
a
license
to
drive
motor
vehicles:
Provided , however , That no person shall be issued a
professional driver's license who is suffering from highly
contagious
diseases,
such
as, advanced tuberculosis,
gonorrhea, syphilis, and the like.
Each such application except in the case of enlisted men
operating
government-owned
vehicles,
shall
be
accompanied by a fee of five pesos, and shall contain
such information respecting the applicant and his ability
to operate motor vehicles, as may be required by the
Commission.
The Commissioner or his deputies shall also ascertain
that the applicant's sight and hearing are normal, and
may in their discretion, require a certificate to that effect,
signed by a reputable physician.
An examination or demonstration to show any applicant's
ability to operate motor vehicles may also be required in
the discretion of the Commissioner or his deputies.
SECTION 23. Issuance of Driver ' s License . — If, after such
examination, the Commissioner or his deputy believes
that the applicant possesses the necessary qualifications
and is proficient in the operation of motor vehicles, a
license shall be issued to such applicant upon payment of
five pesos, but prior to the issuance of said license, the
applicant
shall
furnish
three
copies
of
his
recent
photograph to be securely attached to the license, and
two copies to be filed and kept as provided by this Act. All
driver's licenses shall bear the signature and right-hand
thumb print of the licensee.
SECTION 24. Use of Driver ' s License and Badge . — Every
license issued under the provisions of this Act to any
driver shall entitle the holder thereof, while the same is
valid and effective and not suspended or revoked, to
operate the motor vehicles described in such license:
Provided , however , That every licensed professional driver,
before operating a public service motor vehicle registered
under classifications (d) to (j) inclusive of Section seven
hereof,
shall
secure
from
the
Commissioner,
upon
payment of the sum of one peso, a driver's badge which
he shall, at all times while so operating a motor vehicle,
display in plain sight on the band of his cap or on his coat
or shirt. Such driver's badge shall be of metal with a
plainly
readable
number
assigned
to
the
licensee
stamped thereon.
It shall be unlawful for any duly licensed driver to transfer,
lend or otherwise allow any person 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.
SECTION 25. Driver ' s Records . — Any driver who changes
his
address
shall,
within
fifteen
days,
notify
the
Commissioner in writing of his new address, name and
address of his new employer, the number of the motor
vehicle
he
is employed to operate, and such other
information as the Commissioner may require.
SECTION 26. Renewal of License . — Any license not
renewed on or before the last working day of the month
when the applicant was born shall become delinquent
and invalid, except when the license is surrendered to the
Commissioner or his deputies before the last working day
of the month of his birth in order to avoid payment of the
delinquency fees.
The fee for renewal of delinquent license shall be five
pesos
in
addition
to
the
basic
fee
as
hereinabove
prescribed.
Every applicant for renewal of license to operate any
motor vehicle shall present to the Commissioner, in
person or by mail or messenger, the license issued to the
applicant for the previous year, together with the proper
fee
of
five
pesos
and,
in
the
case
of
professional
chauffeurs,
three
copies
of
a
readily-recognized
photograph of the applicant, which photograph shall
have been taken not exceeding three years prior to the
date of applicant for renewal.
Lost license . — In case the license for the previous year
has been lost or cannot be produced, the applicant shall
obtain a duplicate in accord with Section eleven of this
Act, on penalty of refusal, by the Commissioner or his
deputies, to renew the license: Provided , however , That
the Commissioner or his deputies may, in their discretion
accept in lieu of the previous years license, the duly
signed and sworn statement of an operator to the effect
that he has not operated any motor vehicle in the
Philippines during the year or years to which no license
was issued in his name.
The
Commissioner
and
his
deputies
are
hereby
authorized to administer the oath in connection with
such affidavit.
SECTION 27. Suspension , Revocation of Driver ' s License .
— (a) The Commissioner may suspend for a period not
exceeding three months or, after hearing, revoke any
driver's license issued under the provisions of this Act,
and may order any such license to be delivered to him
whenever he has reason to believe that the holder thereof
is an improper person to operate motor vehicles, or in
operating or using a motor vehicle in, or as an accessory
to, the commission of any crime or act which endangers
the public. Any deputy of the Commissioner may, for the
same cause, suspend for a period not exceeding three
months any driver's license issued under the provisions of
this Act: Provided , That such suspension may be appealed
to the Commissioner who may, after reviewing the case,
confirm, reverse or modify the action taken by such
deputy.
(b)Whenever during any twelve-month period a driver
shall have been convicted at least three times for the
violations of any provisions of this Act or of any regulation
issued by the Commissioner or any municipal or city
ordinance relating to motor vehicle traffic not in conflict
with any of the provisions of this Act, the Commissioner
may, in his discretion, revoke or suspend the license of
such driver for a period not exceeding two years.
(c)The license suspended or revoked under the provisions
of subsections (a) and (b) of this section shall not be
reinstated unless the driver has furnished a bond in
accordance with Section twenty-nine of this Act and only
after the Commissioner has satisfied himself that such
driver may again safely be permitted to operate a motor
vehicle.
(d)A decision of the Commissioner revoking or refusing
the reinstatement of a license under the provisions of this
Section may be appealed to the Secretary of Public Works
and Communications.
SECTION 28. Driver ' s Bond . — The Commissioner before
reinstating
any
driver's
license
which
has
been
suspended
or
revoked
under
the
provisions
of
the
preceding section or of any provisions of this Act, may
require such driver to post a bond in the sum of one
thousand pesos conditioned upon the satisfaction and
payment of any claim which may be filed or of any
execution which may be issued against such driver in any
case wherein said driver may be held answerable while
operating motor vehicles. The bond required in this
section shall be in such form as to render sureties liable at
least for a period of not less than one year nor more than
three
years:
Provided ,
however ,
That
upon
written
application to the Commissioner for release from such a
bond,
the
Commissioner
may
after
revoking
or
suspending the driver's license, authorize the release of
the bondsmen from further responsibility thereunder:
Provided , further , That should the Commissioner decide
not to revoke the license of a driver who has been
convicted of homicide through reckless imprudence, or of
the violation of the speed limit or of reckless driving at
least three times within a twelve-month period, the said
driver shall post a bond in the sum of not less than two
© Compiled by RGL
96 of 211
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