Policy and declared purpose
- The State declares road-safety policy grounded on constitutional protection of life and property and promotion of the general welfare ( Section 2 ).
- The State must ensure road safety through responsible and ethical driving standards ( Section 2 ).
- The State must penalize driving under the influence of alcohol, dangerous drugs, and other intoxicating substances ( Section 2 ).
- The State must inculcate safe-driving standards and associated benefits through institutional programs and appropriate public information strategies ( Section 2 ).
Core definitions established
- “Alcohol” refers to alcoholic beverages classified into beer, wine, and distilled spirits, the consumption of which produces intoxication ( Section 3(a) ).
- “Breath analyzer” refers to equipment that determines blood alcohol concentration through breath testing ( Section 3(b) ).
- “Chemical tests” refer to breath, saliva, urine, or blood tests to determine blood alcohol concentration and/or a positive indication of dangerous drugs and similar substances in a person’s body ( Section 3(c) ).
- “Dangerous drugs and other similar substances” refer to:
- Drugs listed in schedules annexed to the 1961 Single Convention on Narcotics Drugs as amended by the 1972 Protocol, and
- Drugs listed in schedules annexed to the 1971 Single Convention of Psychotropic Substances as enumerated in its attachment, an integral part of Republic Act No. 9165,
- And those that the Board may reclassify, add to, or remove from the list of dangerous drugs ( Section 3(d) ).
- “Driving under the influence of alcohol” refers to operating a motor vehicle while the driver’s blood alcohol concentration has reached the intoxication level after being subjected to a breath analyzer test, as established jointly by the DOH, NAPOLCOM, and DOTC ( Section 3(e) ).
- “Driving under the influence of dangerous drugs and other similar substances” refers to operating a motor vehicle while the driver, after being subjected to a confirmatory test mandated under Republic Act No. 9165, is found positive for use of any dangerous drug ( Section 3(f) ).
- “Field sobriety tests” refer to standardized initial tests to assess intoxication, including horizontal gaze nystagmus, walk-and-turn, one-leg stand, and other similar tests as determined jointly by the DOH, NAPOLCOM, and DOTC ( Section 3(g) ).
- “Motor vehicle” means any land transportation vehicle propelled by power other than muscular power ( Section 3(h) ).
- “Motor vehicles designed to carry hazardous materials” are those designed to carry or transport materials that may endanger public health and lives ( Section 3(i) ).
- “Public utility vehicles” are motor vehicles for hire used to carry or transport passengers or goods ( Section 3(j) ).
Prohibited act and driver education
- It is unlawful for any person to drive a motor vehicle while under the influence of alcohol, dangerous drugs, and/or other similar substances ( Section 5 ).
- Every applicant for a motor vehicle driver’s license must complete a course of instruction on safe driving that includes, among others, the effects of consuming alcoholic beverages on the ability to operate a motor vehicle, hazards of driving under the influence of alcohol/dangerous drugs/other similar substances, and penalties for violation ( Section 4 ).
- For professional drivers, every applicant for a driver’s license or renewal must undergo the driver’s education stated in the Act ( Section 4 ).
- The written examination for driver’s licensing must include questions on the effects of alcohol and drug intoxication on driving ability and the legal and pecuniary consequences for violating the Act ( Section 4 ).
Field testing and accident testing duties
- A law enforcement officer with probable cause that a person is driving under the influence based on apparent indications and manifestations (including overspeeding, weaving, lane straddling, sudden stops, swerving, poor coordination, or evident smell of alcohol in a person’s breath, or signs of use of dangerous drugs and other similar substances) must conduct field sobriety tests ( Section 6 ).
- If the driver fails the field sobriety tests, the law enforcement officer must conduct mandatory determination of the driver’s blood alcohol concentration using a breath analyzer or similar measuring instrument ( Section 6 ).
- If the law enforcement officer has probable cause that a person is driving under the influence of dangerous drugs and/or other similar substances, the officer must bring the driver to the nearest police station for a drug screening test and, if necessary, a drug confirmatory test mandated under Republic Act No. 9165 ( Section 6 ).
- Law enforcement officers and deputized local traffic enforcement officers are responsible for implementing Section 6 ( Section 6 ).
- A driver involved in a vehicular accident resulting in loss of human life or physical injuries must undergo chemical tests, including drug screening and, if necessary, drug confirmatory tests mandated under Republic Act No. 9165, to determine presence and/or concentration of alcohol, dangerous drugs, and/or similar substances in the bloodstream or body ( Section 7 ).
Refusal to tests and license consequences
- A driver who refuses to undergo the mandatory field sobriety and drug tests under Sections 6, 7, and 15 must be penalized by confiscation and automatic revocation of the driver’s license, in addition to other penalties under the Act and/or other pertinent laws ( Section 8 ).
Equipment, training, and deputation
- Within four (4) months from the Act’s effectivity, the LTO and the PNP must acquire sufficient breath analyzers and drug-testing kits for law enforcement officers and deputized local traffic enforcement officers nationwide, giving priority to areas with high reported occurrences of accidents ( Section 9 ).
- For equipment acquisition and the training seminars under Section 10, the LTO must use the Special Road Safety Fund allotted under Section 7 of Republic Act No. 8794 ( Section 9 ).
- Additional yearly appropriations for purchasing breath analyzers and drug-testing kits must be provided annually under the General Appropriations Act ( Section 9 ).
- The LTO may deputize traffic enforcement officers of the PNP, the MMDA, and cities and municipalities to enforce the Act ( Section 10 ).
- The LTO and the PNP must conduct training seminars for law enforcers and deputies on proper conduct of field sobriety tests and breath analyzer tests every year ( Section 11 ).
- Within four (4) months from effectivity, the LTO must publish guidelines and procedures for the proper conduct of field sobriety tests, make them available to the public, and make them available for download through the official LTO website ( Section 11 ).
License suspension/revocation and criminal penalties
- A driver found violating Section 5 is punished as follows ( Section 12 ):
- If the violation did not result in physical injuries or homicide: three (3) months imprisonment and a fine ranging from Php20,000.00 to Php80,000.00 ( Section 12(a) ).
- If the violation resulted in physical injuries: the penalty in Article 263 of the Revised Penal Code or the penalty in the preceding subparagraph, whichever is higher, plus a fine ranging from Php100,000.00 to Php200,000.00 ( Section 12(b) ).
- If the violation resulted in homicide: the penalty in Article 249 of the Revised Penal Code plus a fine ranging from Php300,000.00 to Php500,000.00 ( Section 12(c) ).
- Driver’s license consequences ( Section 12(d) ):
- For a nonprofessional driver’s license, confiscation and suspension for twelve (12) months for the first conviction, and perpetual revocation for the second conviction.
- For a professional driver’s license, confiscation and perpetual revocation for the first conviction.
- Perpetual revocation disqualifies the person from being granted any kind of driver’s license thereafter.
- Prosecution rule:
- Prosecution for violations is without prejudice to criminal prosecution for violations of the Revised Penal Code, Republic Act No. 9165, and other special laws and existing local ordinances, when applicable ( Section 12 ).
Owner/operator civil liability standards
- The owner and/or operator of the vehicle driven by the offender is directly and principally liable together with the offender for the fine and for civil damages awarded against the offender ( Section 13 ).
- The owner and/or operator is relieved from this direct liability only upon convincingly proving extraordinary diligence in selecting and supervising drivers in general and the offending driver in particular ( Section 13 ).
- The rule in Section 13 primarily applies to owners/operators of public utility vehicles and commercial vehicles such as delivery vans, cargo trucks, container trucks, school and company buses, hotel transports, cars or vans for rent, taxi cabs, and similar vehicles ( Section 13 ).
Information campaign and random inspections
- Within one (1) month from promulgation of the implementing rules under Section 17, the PIA, in coordination with the LTO, LGUs, and other concerned agencies, must conduct an IEC campaign to attain the objectives of the Act ( Section 14 ).
- The LTO must conduct nationwide random terminal inspections and quick random drug tests of public utility drivers ( Section 15 ).
- The cost of such tests must be defrayed by the LTO ( Section 15 ).
Penalty review and implementing rules
- The LTO must review applicability and enforcement of all foregoing pecuniary penalties after five (5) years from effectivity and every five (5) years thereafter, and initiate amendments and/or upgrades as necessary, subject to approval by the Secretary of the DOTC ( Section 16 ).
- The DOTC, the DOH, and the NAPOLCOM must jointly promulgate implementing rules and regulations within three (3) months from effectivity ( Section 17 ).
Separability, repeal, and effectivity
- If any part or provision is declared invalid, the declaration does not affect the other provisions of the Act ( Sec