Through the enforcement of rules and regulations, the LTO enforces road safety by monitoring Philippine public roads and implementing policies to reduce risks and dangers on the road. Depending on the gravity of the offense, a traffic violation may also result in license suspension or temporary revocation. 

What does the Suspension of Driver’s License mean

A suspended LTO driver’s license refers to a temporary seizure of the license card that proves the driver’s roadworthiness. Various reasons can lead to the imposition of this penalty.

It depends on the type of violation, the type of driver’s license classification (student permit, professional, or non-professional), as well as the severity of the offense or violation incurred, as to the suspension period and mode of appeal. The law gives the driver a right to appeal the suspension or question the validity of the suspension in all cases.

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Authority to Suspend and Entertain Appeals on Driver’s License

Unlike other enforcing agencies, the LTO has exclusive authority to revoke or suspend licenses. In accordance with R.A. 43136, the Land Transportation and Traffic Code, the LTO Commissioner not only issues licenses, but also has the power to revoke licenses of drivers who violate traffic rules and regulations. Deputy LTOs can also suspend licenses, provided that the suspension does not exceed three (3) months. It is possible, however, for the Commissioner or municipal ordinances to impose suspensions in the future for not more than two years if the driver violated any provisions of RA 4136.

The Commissioner of LTO may also modify, reverse, or confirm any license suspension imposed by any LTO deputy. The affected individual may appeal straight to the Secretary of Public Works Communication if the LTO Commissioner revokes or refuses to reinstate a revoked license.

Suspension of licenses in the Philippines: Common reasons

For one to avoid hassles associated with the suspension and appeal of a driver’s license in the Philippines, one needs to understand the reasons for the suspension.

Listed below are the most common reasons why your driver’s license will be suspended in the Philippines.

Point Accumulation

Point accumulation is one of the most common reasons for license suspension. License holders earn demerit points by committing minor and major traffic violations within a given period of time, which is based on the number of demerit points they accumulate. One of the most common violations among drivers is overspeeding, but it can stem from any violation.

If you violate the same rule repeatedly, or a particular rule along with others, you will accumulate demerit points and eventually lose your license. Your license suspension will depend on how many points you have accumulated as a license holder as well as the length of the suspension.

For this reason, knowing and following traffic regulations in the Philippines is a must, especially if you don’t want your license to be suspended.

Habitual Offense/Repeat Violations

A habitual offense or repeat violation of traffic rules and regulations can also result in a driver’s license suspension. Drivers who repeatedly commit the same offense within a certain period of time, regardless of whether it’s deliberate or not, can have their licenses suspended.

The practice of reckless driving is one example of an offense committed repeatedly by many licensees. Known as driving above the speed limit without regard for safety or road conditions, reckless driving can result in the following LTO penalties:

• For the first offense, P 2,000.00 will be charged

• A fine of P 3,000.00 will be imposed for a second offense, and your driver’s license will be suspended for three (3) months.

• For a third and subsequent offense, the fine is P 10,000.00. In addition, a suspension of driving privileges for six (6) months shall be imposed upon conviction of the third offense.

In addition to violating the Seat Belt Use Act, license holders commit other types of violations frequently. In accordance with the law, passengers and drivers must wear a seatbelt, and children under six (6) years old cannot sit in the passenger seat. The law isn’t followed by many people, resulting in the same violations being committed more than once. When the offenses are committed in the first two instances, the driver’s license will be suspended for one (1) week as a result of the payment of the LTO fine.

Suspension by Automatic Means

The suspension of a driver’s license may also be automatic and immediate in certain cases, called Automatic Suspension, other than for violations. The following are some of the reasons:

Inability to Pay within 15 days

A driver’s license in the Philippines will automatically be suspended if they fail to pay the corresponding LTO violation fee within 15 days after apprehension, as specified in the LTO’s Joint Administrative Order (JAI) no. 2014-01. Drivers caught driving with their licenses suspended are guilty of ‘driving without license’, which carries yet another set of penalties.

The offense is punishable by a fine of P 3,000.00, as well as a one-year disqualification from driving a motor vehicle after payment of the fine. It is best to avoid driving until you regain your license when your license is suspended, since doing so may result in a certain punishment, known as ‘driving without a license.’

DUI (driving under the influence)

Traffic violations can also result in an immediate suspension of a driver’s license. The following are some examples:

• The use of dangerous drugs or alcohol while driving

• Assassination

• As well as vehicular manslaughter

• If you evade a police checkpoint, your license may be automatically suspended or revoked.

DUIs, in particular, are very common despite their dangers. Due to the fact that driving while under the influence of alcohol may result in a suspension of your driver’s license.

Driver’s license suspension is also without prejudice to the filing of appropriate criminal cases against traffic violators. The suspension will last for twelve (12) months for first convictions of non-professional drivers who drive under the influence of alcohol or dangerous drugs. A second conviction would result in a perpetual revocation of one’s driver’s license.

Records from LTO that do not reflect actual individual information

Having an inaccurate driving record may also cause a driver’s license to be suspended. The driver records should contain the following accurate information according to Section 25 of RA 4136:

• Address of the driver;

• The name and address of the employer;

• The number of the motor vehicle that is authorized for a professional driver’s license holder to operate;

• Information that may be required by the LTO Commissioner.

Operating a vehicle that is not authorized

Under section 27 of RA 4136, a LTO license may also be suspended if the LTO Commissioner believes that the license holder of a professional driver’s license is not authorized to operate the subject motor vehicle. Upon the first conviction, the licensee will be fined two hundred pesos and suspend his or her driver’s license for three months for operating a vehicle not authorized under the license classification authorized by the licensee; the third conviction will result in a fine of three hundred pesos and six months in prison and a permanent suspension of the driver’s license.

Additionally, the motor vehicle may be suspended for operating as an accessory to a crime, without prejudice to any criminal charges that may be filed against the driver. LTO Commissioners may appeal a suspension of more than three months.

In accordance with the same law (RA 4136), the Commissioner or the apprehending officer may suspend a driver’s license if the vehicle is improperly equipped, marked, or unfit to operate due to potential damage to culverts, bridges, or highways.

Confiscation of License

When apprehending a driver for a violation of this RA 4136 or any traffic regulation or local traffic rules and regulations not contrary to the provisions of this Act, law enforcement officers and peace officers of other agencies deputized by the LTO Director may confiscate the driver’s license, and issue a receipt, also called a Temporary Operator’s Permit (TOP) issued by the Bureau. Drivers are authorized to operate motor vehicles for a period of 72 hours from the date and time of receipt of the TOP. A receipt shall not be extended after its validity period has expired. In the event the driver fails to settle his case within fifteen (15) days from the date of apprehension, his license will be suspended and/or revoked.

How to check if the Driver’s license is suspended

The most common question drivers ask is how to check if their license has been suspended. An officer’s traffic violation receipt or TOP becomes crucial in this situation. Whenever a driver’s license is suspended in the Philippines, a receipt is issued by the officer in charge. Besides allowing the owner to operate the subject motor vehicle for a maximum of seventy-two (72) hours after the receipt was issued, the receipt also proves whether the license is already suspended or not. Drivers who fail to settle the case within the designated period will face a more serious penalty – revocation of their license.

Revoked vs. Suspended License

In order to distinguish between a revoked license and a suspended license, it is important to note that the suspension is the lighter penalty. Revocation of licenses put it in the state of being disqualified from obtaining another license for two years for nonprofessional licenses and perpetually disqualified for professional licenses. It is not possible to lift a suspension or revocation without a bond from the driver.

Conclusion

The Philippine government provides driver’s licenses to those who deserve them through the LTO. In any case, the Philippine government has the power to take it back through the same agency. Even LTO-deputized agencies have the authority to suspend licenses for a limited time.

It is also possible to suspend a driver’s license automatically for 30 days if a serious violation is committed or the violation is grave enough to warrant a temporary ban on driving. Sometimes a driver just deserves some penalizing time off the road, even if it’s not the first line of punishment. Knowing the rules, not breaking them, is the best way to avoid losing your license and the privileges that go with it.