QuestionsQuestions (Republic Act No. 10913)
RA 10913 is known as the “Anti-Distracted Driving Act.” Its policy is to safeguard the public from injuries and ruinous effects of vehicular accidents, while regulating the unrestrained use of electronic mobile devices to protect road safety.
Distracted driving is performing, while a motor vehicle is in motion or temporarily stopped at a red light, any unlawful act related to (a) using a mobile communications device to write/send/read text-based communications or make/receive calls, or (b) using an electronic entertainment or computing device for activities like playing games, watching movies, surfing the internet, composing messages, reading e-books, and performing calculations.
Generally, no. It does not apply to motorists of motor vehicles that are not in motion, except when stopped momentarily at a red light or pulled over to the side of the road in compliance with a traffic regulation.
Yes. Operation of a mobile communications device is not considered distracted driving if done using hands-free or similar devices (e.g., speaker phone, earphones, microphones) that allow calls without holding the phone, provided the placement does not interfere with the driver’s line of sight.
Using a mobile communications device to write, send, or read text-based communications, or to make or receive calls, and other similar acts.
Using such devices to play games, watch movies, surf the internet, compose messages, read e-books, perform calculations, and other similar acts.
The law covers wheeled agricultural machineries (e.g., tractors, construction equipment like graders, rollers, backhoes, cranes) and other conveyances (e.g., bicycles, pedicabs, habal-habal, trolleys, carriages, carts, wagons), as long as operated in public thoroughfares/highways/streets or where public safety is under consideration.
RA 10913 covers a “motorist,” defined as the person driving a motor vehicle.
Exemptions include: (1) using a mobile phone for emergency purposes (e.g., emergency call to law enforcement, health care provider, fire department, or other emergency services); and (2) using a mobile phone while operating an emergency vehicle (e.g., ambulance, fire truck) in the course and scope of duty.
First offense: P5,000 fine. Second: P10,000 fine. Third: P15,000 fine plus suspension of driver’s license for 3 months. Fourth/subsequent: P20,000 fine plus revocation of driver’s license.
Yes. The implementing agency may increase fines once every five (5) years up to a maximum of 10% of existing rates, but only upon publication in at least two newspapers of general circulation.
Yes. A public utility vehicle driver, school bus/school service vehicle driver, common carrier hauling volatile/flammmable/toxic material, or a driver committing distracted driving within a 50-meter radius from school premises is subject to P30,000 fine and suspension of driver’s license for 3 months.
No. Penalties under RA 10913 are imposed without prejudice to other liabilities under the Revised Penal Code or any special law arising from the prohibited acts.
The owner and/or operator is directly and principally liable together with the offender for the fine unless the owner/operator can convincingly prove extraordinary diligence in selecting and supervising drivers, including the specific offending driver.
It principally applies to owners and/or operators of public utility vehicles and commercial vehicles such as delivery vans, cargo/container trucks, school/company buses, hotel transports, car or van for rent, taxi cabs, and similar vehicles.
MMDA, PNP, and other concerned government agencies enforce the Act and provide assistance required by DOTC-LTO for effective implementation.
DOTC-LTO must promulgate the necessary IRR within 60 days from effectivity of the Act.
It takes effect 15 days after its publication in at least two newspapers of general circulation.