Student driver liability
I am always wondering, what if a student driver in a driving school accidentally bumped another car? How would this affect the student driver’s permit and the liability of the driving school?
Please be informed of the provisions of Section 18, Rule III of the Implementing Rules and Regulations of Republic Act 10930, otherwise known as “An Act Rationalizing and Strengthening the Policy Regarding Driver’s License by Extending the Validity of Period of Driver’s Licenses, And Penalizing Acts in Violation of its Issuance and Application, Amending for those Purpose Section 23 of Republic Act 4136, As Amended by Batas Pambansa Blg. 398 and Executive Order 1011, Otherwise Known as the Land Transportation and Traffic Code,” which reads:
“Section 18. Demerit Points Accumulated During the Validity of a Student-driver’s Permit. — In addition to the accessory penalties provided under existing laws and issuances, incurring at least five demerit points during the validity of the student driver’s permit shall cause the confiscation and revocation after due notice thereof, and bar the student driver from applying for another student — driver’s permit for one year from the date of revocation. In no case shall a person whose student driver’s permit has already been revoked for a third time be allowed to apply for a student driver’s permit.”
“The licensed driver duly accredited by the LTO, acting as an instructor to the student driver, shall be equally responsible and liable as the latter for any violation and for any injury or damage done by the motor vehicle on account or as a result of its operation by a student-driver under his direction. Hence, such driver-instructor shall likewise be meted demerit point/s corresponding to the violation/s incurred by the student driver without prejudice to possible sanctions by the LTO against the accreditation of the driver-instructor.”
Clearly, a holder of a student driver’s permit, who incurs at least five demerit points shall result in the confiscation and revocation of his/her student driver’s permit for one year. Likewise, the driving school instructor shall be equally responsible for any violation and for any injury or damage done by the motor vehicle on account of its operation by the student-driver under his direction.
Hope this helps.