es, it is. The prohibition is
contained in Republic Act
No. 8506 , entitled “An act
banning the registration
and operation of vehicles
with right-hand steering wheel in any
private or public street, road or highway,
providing penalties therefor and for other
purposes.” A violation of this law is
punished by imprisonment for a period
from two years, four months and one day,
up to four years and two months, plus a
fine of P 50 , 000.
Section 1 of the law follows: “It shall
be unlawful for any person to import,
cause the importation of, register, cause
the registration of, use, or operate any
vehicle with its steering wheel right-hand
side thereof in any highway, street or
road, whether private or public or of the
national or local government except such
vehicles that are acknowledged as vintage
automobiles, manufactured before 1960 ,
in showroom condition, and/or are to be
utilized exclusively for officially and
legally sanctioned motorsports events,
and off-road special purpose vehicles.”
There is no specific permit under the
laws and regulations for the importation,
registration, use or operation of a
right-hand-drive vehicle on a private or
public road. Considering the penal nature
of the law, it is best to secure a prior
written permit or consent to the
exception from every conceivable
government agency, such as the DOTC,
the LTO, the Department of Finance, the
Bureau of Customs, the Department of
Justice, and the PNP.
The basis for the prohibition of
right-hand-drive vehicles is found in the
Land Transportation and Traffic Code,
which mandates that “every person
operating a motor vehicle or an animal-
drawn vehicle on a highway shall pass to
the right when meeting persons or
vehicles coming toward him, and to the
left when overtaking persons or vehicles
going the same direction.” Simply put, it
requires cars to drive on the right side of
the road. In order to see oncoming traffic
at the earliest opportunity, the driver
must be seated on the left side in a
left-hand-drive vehicle.
Motorists in the Philippines drove on
the left until March 1945. The “keep
right” rule was imposed pursuant to
Executive Order No. 64 issued by
President Osmeña, citing the need to
conform with the practice of driving on
the right side of the road obtaining in
most countries of the world; the
economic advantages of lower-priced
vehicles imported from the US; and that
majority of US Army vehicles used in the
Philippines were right-hand-driven, and
the drivers thereof were accustomed to
driving on the right side of the road.
The prohibition contained in RA 8506
is relatively clear on the importation,
registration, use and operation of a
right-hand-drive vehicle. However, the
exceptions to the prohibition can be the
subject of varied interpretation because
of the use of the conjunction “and/or.”
A conservative view will show three
exceptions, namely, 1 ) such vehicles are
acknowledged as vintage automobiles,
manufactured before 1960 , in showroom
condition; 2 ) such vehicles are to be
utilized exclusively for officially and
legally sanctioned motorsports events;
or, 3 ) such vehicles are off-road special-
purpose vehicles. The restrictive view, on
the other hand, argues that only vintage
vehicles may be imported for motorsport
events and off-road use. In addition, the
law does not provide an exception for
Wheels
of Justice
ROBBY CONSUNJI
Question: Is It agaInst the law to drIve a
rIght-hand-drIve vehIcle In the PhIlIPPInes? Is
there a PermIt that can be secured for thIs?
to see
oncoming
traffic right
away, the
driver must
be seated on
the left side
in a left-
hand-drive
vehicle’
brand-new cars, concept cars, and demo
units for use in cars shows and launches.
Car collectors will have to deal with
the 1960 cut-off year that defines a
vintage automobile. RA 8506 was enacted
in 1998 , and referred to 38 -year-old cars
at that time (being manufactured in
1960 ). The law should have avoided
stating a year of manufacture and should
have declared the age, in number of years,
of the “vintage” car in the exception.
RA 8506 seeks to regulate the use of a
right-hand-drive vehicle on private roads.
This provision is contrary to the Land
Transportation and Traffic Code, which
regulates the use of vehicles only on
public roads.
As an added measure, the Bureau of
Customs issued a memorandum order to
enjoin all shipping/air lines and other
common carriers from accepting
right-hand-drive vehicles and auto parts
as cargo destined to any port of entry in
the Philippines. A violation shall subject
the common carrier to the imposition of
applicable penalties. Any such items
discovered in any common carrier shall
not be unloaded, or, if already unloaded,
the same shall be placed under continu-
ous safeguarding until reloaded and
re-exported to the country of origin, at
the expense of the common carrier.
This memorandum order exceeds the
provisions of RA 8506 by regulating and
punishing the importation of right-hand-
drive auto parts.
These laws and administrative rules
will have to be reviewed in the light of
proposed RORO connections as part of
the integration among Southeast Asian
countries. When the right-hand-drive
prohibition is deregulated, we can expect
to see Filipino overlanders in every
corner of the globe.
Y
28 toP gear PhIlIPPInes^ WWW.topgear.com.ph
faced with a motoring-related legal problem? robby consunji would
be glad to help. Just e-mail [email protected]THIS MONTH Right-hand-dRive vehicles
CAR CULTURE