Anti-Distracted Driving Act (Philippines)


The Anti-Distracted Driving Act, officially recorded as Republic Act No. 10913, is a law in the Philippines that prohibits distracted driving by restricting and penalizing the use of mobile phones and other electronics devices while driving on any public thoroughfare, highway or street in the Philippines. The republic act defines "distracted driving" as "using mobile communications device to write, send, or read a text-based communication or to make or receive calls" or "using an electronic entertainment or computing device to play games, watch movies, surf the internet, compose messages, read e-books, perform calculations, and other similar acts" while behind the wheel of a moving vehicle or while temporarily stopped at a red light. The law covers all private and public vehicles, including agricultural machines, construction equipments, public utility buses and jeepneys, taxicabs, motorcycles, tricycles, pedicabs, kuligligs and carriages.

Enactment

On February 3, 2016, Senators Bong Revilla, Jinggoy Estrada and Sergio Osmeña III filed Senate Bill No. 3211 at the Philippine Senate Committee on Public Services which aims to "safeguard its citizenry from the ruinous and extremely injurious effects of vehicular accidents" caused by the "unrestrained use of electronic mobile devices." Similar legislation was also introduced in the Philippine House of Representatives as House Bill No. 4531 on June 6, 2016 by Tarlac Rep. Susan Yap, Northern Samar Rep. Harlin Abayon, Buhay Party-List Reps. Irwin Tieng and Lito Atienza, Pampanga Rep. Gloria Macapagal Arroyo, Antipolo Rep. Romeo Acop, DIWA Party-List Rep. Emmeline Aglipay, Camarines Sur Rep. Rolando Andaya Jr., Catanduanes Rep. Cesar Sarmiento, Camiguin Rep. Xavier Jesus Romualdo, and Quezon Rep. Angelina Tan.
The road safety measure was submitted by the 16th Congress of the Philippines to President Benigno Aquino III on July 27, 2015 and lapsed into law without the President's signature or veto on July 21, 2016. Under Article 6 of the 1987 Constitution of the Philippines, "the President shall communicate his veto of any bill to the House where it originated within 30 days after the date of receipt thereof; otherwise, it shall become a law as if he had signed it." It also states that a law will take effect 15 days after its publication in at least two newspapers of general circulation.

Enforcement

The Anti-Distracted Driving Act took effect on May 18, 2017 under the new administration of President Rodrigo Duterte. Under the law, drivers are only allowed to use hands-free functions of gadgets, such as speaker phones, provided that these do not block their line of sight. The implementing agency is the Land Transportation Office under the Department of Transportation that was tasked to promulgate the necessary implementing rules and regulations within 60 days from the effectivity of the Act. It also ordered the LTO, the Philippine Information Agency, the Department of Education, the Department of the Interior and Local Government and the Philippine National Police to undertake a nationwide information, education and communication campaign for a period of 6 months from the effectivity of the Act. The Metropolitan Manila Development Authority, the PNP and other law enforcement agencies are required to enforce the act.

Fines

A motorist caught in violation of the Act shall be fined for the first offense, for the second offense, and for the third offense plus suspension of his or her driving license for 3 months. On the fourth offense, the erring driver shall be fined plus a revocation of the driving license.
Erring drivers of public utility vehicles, school buses, school service vehicles, and common carriers hauling volatile, flammable or toxic material shall be fined and suspension of their driving license for 3 months. The same penalty applies to motorists caught in violation of the Act within a radius of school premises.
The LTO, as implementing agency, may increase the amount of fines once every five years, in the amount not exceeding 10 percent of the existing rates, which shall take effect only upon publication in at least two newspapers of general circulation.

Exemptions

The Act does not apply to:
On May 23, 2017, enforcement of the Act was suspended after it caused confusion among motorists due to lack of proper information dissemination. The House Committee on Transportation asked for a review of the implementing rules and regulations after it was learned that the Land Transportation Office only conducted an awareness campaign for enforcers and not the public at large. The committee pointed out the provision in the law that stipulates that its full implementation should only come after a six-month aggressive information campaign. LTO chief Edgar Galvante admitted the lapse in implementation and said that the LTO does not have the authority to carry out the information drive unless approved first by both chambers of Congress. The House Committee then passed a motion to hold in abeyance the law's implementation.