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Traffic law in the Philippines consists of multiple laws that govern the regulation and management of road transportation and the conduct of road users within the country. The official and latest traffic code of the Philippines is Republic Act No. 4136, also known as the "Land Transportation and Traffic Code", which was enacted into law on June ...
Nonwithstanding the above, the generally applied maximum speed limits are 20 to 30 km/h (12 to 19 mph) on most city or municipal roads, 40 to 80 km/h (25 to 50 mph) on most highways, and 100 km/h (62 mph) on most expressways. The speed limit sign is a red circle with numbers inside as in most countries including Japan, Thailand and Malaysia.
On the other hand, the presence of one or more mitigating circumstances when a crime is committed, can serve to reduce the penalty imposed. An example is voluntary surrender. Lastly, the presence of aggravating circumstances will increase the penalty imposed under the crime, upon conviction. Some examples are contempt or insult to public authority.
In response to the rise in Scott's Law violations, the penalties for the violation were stiffened in 2020. The minimum fine for a first violation was raised to $250 and $750 for a second violation. [13] Further, injuries or deaths caused by a Scott's Law violation would automatically result in a Class 4 felony charge. [14]
In jurisdictions which use a point system, the police or licensing authorities maintain a record of the demerit points accumulated by each driver. Traffic offenses, such as speeding or disobeying traffic signals, are each assigned a certain number of points, and when a driver is determined to be guilty of a particular offence, the corresponding number of points are added to the driver's total.
If the average speed exceeds the speed limit, then a penalty is automatically issued. [17] Police in some countries like France have been known to prosecute drivers for speeding, using an average speed calculated from timestamps on toll road tickets. [18] Speed enforcement using average speed measurement is expressly prohibited in California. [19]
First-time speeders are subject to losing post driving privileges for 30 days, while a second offense within the same year could mean driving privileges are revoked for six months.
Penalties under the Revised Penal Code are generally divided into three periods – the minimum period, the medium period, and the maximum period. In addition to establishing the elements of the crime, the prosecution may also establish the presence of aggravating circumstances in order to set the penalty at the maximum period, or mitigating ...