No such thing as no exemptions

It is not true that emergency vehicles such as police cars, firetrucks, and ambulances are not exempted from traffic rules, as what officials from the Land Transportation Office and the Cebu City Disaster Risk Reduction and Management Office said at a recent press conference. Republic Act 4136 cites specific exemptions for emergency vehicles contrary to what an LTO official said that “it is stated in Republic Act 4136 that all motor vehicles must comply with traffic regulations.”

Well, I looked up RA 4136 and read and reread it and nowhere does it say that “all motor vehicles must comply with traffic regulations.” If Joel Maloloy-on of LTO and Nagiel Bañacia of CCDRRMC can point out to me where in RA 4136 that it specifically says “all motor vehicles must comply with traffic regulations,” then I would eternally be grateful to them for the enlightenment.

On the contrary, right on Chapter I, Article I, Section 2 of RA 4136, it says “The provisions of this Act shall control, AS FAR AS THEY APPLY, the registration and operation of motor vehicles and the licensing of owners, dealers, conductors, drivers, and similar matters.” I don’t know how others understand the phrase “AS FAR AS THEY APPLY,” but to me it is a clear acknowledgement of limitations, a caveat to applicability, a notice of accepted limits or exemptions.

And what are the exemptions the two officials say do not exist? Let me cite Section 35, Article I, Chapter IV, or the chapter on traffic rules. Letter (b) of Section 35, or the section on restrictions as to speed, outlines and defines the maximum allowable speeds of motor vehicles. This is then followed by Letter (c) which states “The rates of speed herein above prescribed ‘SHALL NOT APPLY TO THE FOLLOWING.’” I repeat — “SHALL NOT APPLY TO THE FOLLOWING.”

And then what follows are:

(1) a physician or his driver responsing to an emergency; (2) the driver of an ambulance on the way to and from an emergency; (3) any driver transporting a wounded or sick person for emergency treatment; (4) the driver of a motor vehicle of the armed forces used for official purposes; (5) the driver of a motor vehicle when in pursuit of a criminal; (6) a law enforcer trying to overtake a law violator; (7) the driver of a fire department motor vehicle or firetruck.

The only qualification to these clear exemptions to the application of speed limits is stated thus: “Provided that ‘EXEMPTION’ shall not be construed to allow unnecessary fast driving by the drivers aforementioned.” What that means is while emergency vehicles are exempted from speed limits, they are nevertheless required to observe due diligence with regard to safety for others as well as for their own selves. And everybody, I think, is clearly in agreement with that. No problem.

Now in Letter (b) of Section 43 of Article III, Chapter IV, or the section on “Exception to the Right of Way Rule” (see? another EXCEPTION!), it says “The driver of a vehicle upon a highway shall yield the right of way to police or fire department vehicles and ambulances when such vehicles are operated on official business and the drivers thereof sound audible signal of their approach.” That means whoever has the right of way must yield that right to the emergency vehicle.

Further, in Section 49 of Article V of the same chapter, or the right of way for police and other emergency vehicles, it says “upon the approach of any police or fire department vehicle, or of an ambulance giving audible signal,” the driver of every other vehicle shall immediately give way “until such vehicle shall have passed.” That means EVERY OTHER VEHICLE, wherever they are, must give way. Even if the light is green they must stop to allow emergency vehicles to run through red.