Policy and declared purpose
- The State declares a policy to safeguard the citizenry from the ruinous and extremely injurious effects of vehicular accidents.
- The State recognizes the vital roles of information and communications technology in nation-building.
- The State also recognizes the inimical consequences of the unrestrained use of electronic mobile devices on road safety and the resulting risk of vehicular accidents.
Key definitions
- A diplomatic motor vehicle is any motor vehicle leased or owned by a foreign mission and its staff for their official use.
- An electronic entertainment and computing device is any handheld electronic device capable of digital information processing, recording, capturing, displaying, and computing operations, such as laptop, computers, tablets, video game consoles, and calculators.
- A government motor vehicle is any motor vehicle owned by the national government or any of its agencies, instrumentalities, or political subdivisions, including government-owned or -controlled corporations or their subsidiaries for official use.
- An implementing agency is the Department of Transportation and Communications–Land Transportation Office (DOTC–LTO).
- Mobile communications devices are electronic communications equipment such as cellular phones, wireless telephones, two-way radio transceivers, pagers, and similar devices capable of transmitting, receiving, or both encrypted data and/or signals through wireless electronic or similar means.
- A motor vehicle includes engine-driven vehicles such as automobiles, trucks, vans, buses, jeeps, motorcycles, and tricycles.
- A motorist is a person driving a motor vehicle.
- A private motor vehicle is any motor vehicle owned by individuals and juridical persons for private use.
- A public motor vehicle is a motor vehicle with a valid franchise issued by the appropriate government agency to operate as a public utility vehicle or any vehicle for hire.
What counts as distracted driving
- Section 4 defines distracted driving as the performance by a motorist of unlawful acts in a motor vehicle in motion or temporarily stopped at a red light, whether diplomatic, public, or private, subject to Sections 5 and 6.
- Section 4(a) makes unlawful using a mobile communications device to write, send, or read a text-based communication or to make or receive calls, and other similar acts.
- Section 4(b) makes unlawful 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.
Coverage, timing, and transportation types
- Section 5(a) states that using a mobile communications device is not considered distracted driving when done using a hands-free function or similar device such as speaker phone, earphones, and microphones, allowing the person to make and receive calls without holding the mobile communications device.
- Section 5(a) provides that non-distracted driving treatment applies only if placement of the device or hands-free device does not interfere with the line of sight of the driver.
- Section 5(b) includes wheeled agricultural machineries (e.g., tractors and construction equipment such as graders, rollers, backhoes, pay loaders, cranes, bulldozers, mobile concrete mixers) and other conveyances (e.g., bicycles, pedicabs, habal-habal, trolleys, akuliglig(s), wagons, carriages, carts, sledges, chariots) whether animal- or human-powered.
- Section 5(b) provides coverage for the included conveyances when operated/driven in public thoroughfares, highways, or streets, or under circumstances where public safety is under consideration.
- Section 5(c) makes the Act applicable to motorists of motor vehicles not in motion only when stopped momentarily at a red light or when pulled over to the side of the road in compliance with a traffic regulation.
Exemptions from penalties
- Section 6(a) exempts motorists using a mobile phone for emergency purposes, including emergency calls to a law enforcement agency, health care provider, fire department, or other emergency services, agency, or entity.
- Section 6(b) exempts motorists using a mobile phone while operating an emergency vehicle (e.g., ambulance, fire truck, and other vehicles providing emergency assistance) in the course and scope of their duties.
Public information campaign
- Section 7 requires the DOTC–LTO, coordinated with the Philippine Information Agency (PIA), Department of Education (DepEd), Department of the Interior and Local Government (DILG), Philippine National Police (PNP), and private agencies and organizations to conduct a nationwide information, education, and communication (IEC) campaign.
- The IEC campaign period is six (6) months from the Act’s effectivity.
Penalties for violations
- Section 8 penalizes any person who violates any provision of the Act with graduated penalties by offense count:
- First offense: PHP 5,000.00
- Second offense: PHP 10,000.00
- Third offense: PHP 15,000.00 and suspension of the driver’s license for three (3) months
- Fourth and subsequent offense: PHP 20,000.00 and revocation of the driver’s license
- Section 8 authorizes the implementing agency to increase fine amounts once every five (5) years by an amount not exceeding 10% of the existing rates sought to be increased.
- Section 8 requires that any increased fines take effect only upon publication in at least two (2) newspapers of general circulation.
- Section 8 imposes a special penalty when the violation is committed by:
- a driver of a public utility vehicle, a school bus, a school service vehicle, a common carrier hauling volatile, flammable or toxic material, or
- any driver who commits distracted driving within a fifty (50)-meter radius from the school premises,
- in which case the penalty is PHP 30,000.00 and suspension of one’s driver’s license for three (3) months.
- Section 8 provides that penalties are imposed without prejudice to other liabilities under the Revised Penal Code or any special law arising out of or on occasion of the prohibited acts.
Liability of vehicle owners and operators
- Section 9 holds the owner and/or operator of the vehicle driven by the offender directly and principally liable together with the offender for the fine.
- Section 9 provides an owner/operator defense: liability does not attach if the owner/operator convincingly proves extraordinary diligence in the selection and supervision of drivers in general and the offending driver in particular.
- Section 9 principally applies to owners/operators of public utility vehicles and commercial vehicles, including delivery vans, cargo trucks, container trucks, school and company buses, hotel transports, cars or vans for rent, taxi cabs, and the like.
Enforcement and implementation
- Section 10 directs the Metro Manila Development Authority (MMDA), the PNP, and other concerned government agencies and instrumentalities to enforce the Act.
- Section 10 requires these agencies to render assistance as required by the DOTC–LTO to effectively implement the Act.
- Section 11 requires the DOTC–LTO to promulgate implementing rules and regulations within sixty (60) days from the Act’s effectivity.
Repeal, separability, and inconsistency
- Section 12 repeals, modifies, or amends any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule, or regulation contrary to, or inconsistent with, the Act’s provisions.
- Section 13 provides separability: invalidation of any part or provision does not affect the remaining provisions of the Act.