Law Summary
Legal Basis and References
- Republic Act 9165, Section 36 (a): No driver’s license issued/renewed without mandatory drug test certification indicating freedom from dangerous drugs.
- Republic Act 4136, Sections 22 and 53: Licensing and prohibition against driving while under the influence.
- DOTC Department Order 93-693: Specifies fines and penalties.
- DOH Implementing Rules and Regulations (IRR) and Manual for Operations for Drug Testing.
Definitions
- Drivers: Licensed operators of motor vehicles.
- Professional Driver's License: Authority to operate private or public utility vehicles for compensation or business.
- Non-Professional Driver's License: Authority to operate motor vehicles without compensation.
- Restriction Code (RC): Specifies the type of vehicle the licensee can operate.
- Mandatory Drug Testing: Compulsory submission to drug testing as required by law.
Rationale for Mandatory Drug Testing
- Approximately 2.9 million drivers required testing in 2002, with about 11% testing positive for methamphetamine or marijuana.
- Substance use impairs perception and poses hazards to drivers and the public.
- State responsibility to enact policies protecting public safety by preventing drug-impaired driving.
- Mandatory testing aligns with the Comprehensive Dangerous Drugs Act of 2002.
Objectives
- Deter dangerous drug use among drivers.
- Determine prevalence of drug use among drivers.
- Identify regional drug use hotspots.
- Refer identified users for dependency examination and rehabilitation.
Procedures for Drug Testing
- Applicable to all new, renewal, and additional restriction code applications.
- Applicants must undergo drug testing at a DOH-Accredited Drug Testing Laboratory of their choice.
- Test result certificates must be presented to the LTO during application processing.
- Licenses issued only to applicants who screen negative for dangerous drugs.
- Positive test results result in denial of application, six-month bar on reapplication, and permanent bar after repeated positive tests.
- Licensed drivers who test positive will have their licenses confiscated.
Cost of Drug Testing
- Applicants are responsible for bearing the cost of mandatory drug testing.
Separability Clause
- Invalidity of any provision does not affect the remaining provisions or their application to other persons or circumstances.
Effectivity
- Regulation takes effect 15 days after publication in two newspapers of general circulation and registration with the Office of National Administrative Register (ONAR).