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.