Title
Supreme Court
Anti-Distracted Driving Act summary
Law
Republic Act No. 10913
Decision Date
Jul 21, 2016
The Anti-Distracted Driving Act aims to protect citizens from the dangers of using electronic mobile devices while driving, imposing fines and possible license suspension for violators, with exemptions for emergency purposes and certain vehicles.

Law Summary

Declaration of Policy

  • Aims to protect citizens from vehicular accidents.
  • Recognizes both the importance of information and communications technology and the dangers of unrestrained use of electronic devices while driving.
  • Seeks regulation to ensure road safety.

Definitions

  • Diplomatic motor vehicle: Owned or leased by foreign missions for official use.
  • Electronic entertainment and computing device: Handheld devices capable of digital processing like laptops, tablets, video game consoles.
  • Government motor vehicle: Owned by government agencies, instrumentalities, or subdivisions for official use.
  • Implementing agency: Department of Transportation and Communications-Land Transportation Office (DOTC-LTO).
  • Mobile communications devices: Electronic communication equipment capable of wireless data/signal transmission, e.g., cell phones, two-way radios.
  • Motor vehicle: Engine-driven vehicles, including cars, trucks, motorcycles, tricycles, etc.
  • Motorist: Person driving a motor vehicle.
  • Private motor vehicle: Owned by individuals or juridical persons for private use.
  • Public motor vehicle: Vehicles with valid government franchise to operate as public utility or for hire.

Definition of Distracted Driving

  • Refers to certain unlawful acts by motorists with vehicles in motion or stopped at a red light:
    • Using mobile devices to write, read, send messages, or make/receive calls.
    • Using electronic entertainment or computing devices for gaming, watching movies, internet surfing, reading, calculations, or similar acts.

Extent of Coverage

  • Use of mobile devices via hands-free functions (speakerphone, earphones) is not considered distracted driving, provided the device placement does not block the driver's view.
  • Wheeled agricultural machinery, construction equipment, and other conveyances are covered when operated on public roads or areas affecting public safety.
  • Applies only when the vehicle is moving or temporarily stopped at a red light; does not apply if the vehicle is stopped off-road or fully parked.

Exemptions

  • Motorists using mobile phones for emergency calls to law enforcement, health care, fire, or other emergency services.
  • Motorists operating emergency vehicles (ambulances, fire trucks) in the course of official duties.

Nationwide Public Information Campaign

  • The DOTC-LTO, in cooperation with the Philippine Information Agency, DepEd, DILG, PNP, and private sectors, will conduct a six-month information and education campaign starting upon the Act’s effectivity.

Penalties

  • First offense: Fine of ₱5,000.
  • Second offense: Fine of ₱10,000.
  • Third offense: Fine of ₱15,000 and three-month driver’s license suspension.
  • Fourth offense: Fine of ₱20,000 and driver’s license revocation.
  • Penalties may be increased every five years by up to 10%, subject to publication.
  • Drivers of public utility vehicles, school buses, or common carriers near schools face a fine of ₱30,000 and three-month license suspension.
  • Penalties are without prejudice to other civil/criminal liabilities under other laws.

Liability of Vehicle Owners and Operators

  • Owners/operators of the vehicle driven by the offending driver are jointly liable for fines unless they prove they exercised extraordinary diligence in driver selection and supervision.
  • Particularly applies to owners/operators of public utility vehicles and commercial vehicles.

Enforcement and Assistance

  • Metro Manila Development Authority, Philippine National Police, and other agencies shall enforce the Act and assist the DOTC-LTO.

Implementing Rules and Regulations

  • The DOTC-LTO must promulgate implementing rules within 60 days of the Act’s effectivity.

Repealing Clause

  • Conflicting laws, orders, or regulations are repealed, modified, or amended to conform to this Act.

Separability Clause

  • If any provision is declared invalid, remaining provisions continue to be effective.

Effectivity

  • The Act takes effect 15 days after publication in two newspapers of general circulation.

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