Policy, coverage, core definitions
- The State policy is to ensure road safety by requiring responsible and ethical driving standards and by penalizing driving under the influence of alcohol, dangerous drugs, and other intoxicating substances.
- The State shall inculcate safe driving standards through institutional programs and appropriate public information strategies, linked to the benefits derived from responsible driving.
- These Rules cover acts of driving and/or operating a motor vehicle while under the influence of alcohol, and/or dangerous drugs and similar substances.
Key terms and measurable intoxication
- “Act” refers to Republic Act No. 10586.
- “Alcohol” refers to alcoholic beverages classified into beer, wine and distilled spirits, the consumption of which produces intoxication.
- “Blood Alcohol Concentration (BAC)” refers to the measure of amount of alcohol in a person’s blood.
- “Breath Analyzer (also known as Alcohol Breath Analyzer (ABA))” refers to equipment that determines a person’s BAC level through breath testing.
- “Chemical tests” refer to breath, saliva, urine or blood tests to determine BAC and/or positive indication of dangerous drugs and similar substances in a person’s body.
- “Dangerous drugs and other similar substances” refer to drugs listed in the schedules annexed to the 1961 Single Convention on Narcotics Drugs (as amended by the 1972 Protocol) and the schedules annexed to the 1971 Single Convention of Psychotropic Substances (enumerated in its attachment, integral part of Republic Act No. 9165), and those reclassified, added to, or removed from the list by the Dangerous Drugs Board.
- “Driving under the influence of alcohol (DUIA)” refers to operating a motor vehicle while the driver’s BAC level, after being subjected to an ABA test, reaches the intoxication level established jointly by DOH, NAPOLCOM, and DOTC in these Rules.
- A driver of a private motor vehicle with gross vehicle weight not exceeding 4500 kg is conclusively driving under the influence of alcohol when BAC is 0.05% or higher.
- For drivers of trucks, buses, motorcycles and public utility vehicles, a BAC of more than 0.0% is conclusive proof of driving under the influence of alcohol.
- “Driving under the influence of dangerous drugs and other similar substances (DUID)” refers to operating a motor vehicle while the driver, after a confirmatory test mandated under the Act, is found positive for use of any dangerous drug.
- “Drug Screening Test” is a rapid test to establish presumptive positive result on dangerous drugs in a person’s body.
- “Drug Confirmatory Test” uses Gas-Chromatography-Mass Spectroscopy (GCMS) to validate and confirm the result of a Drug Screening Test.
- “Drug Recognition Evaluator (DRE)” refers to a Law Enforcement Officer (LEO) trained and deputized by the LTO to conduct the Drug Recognition Protocol.
- “Drug Recognition Protocol (DRP)” refers to a standardized systematic method to determine whether a person is driving under the influence of dangerous drugs and other similar substances.
- “Field Sobriety Tests” are standardized tests to initially assess and determine intoxication: the Eye Test (horizontal gaze nystagmus), Walk-and-turn, and One-leg stand, each defined in the Rules.
- “LEO” refers to law enforcement officers of the LTO or authorized officers trained and deputized by the LTO to enforce the Act.
- “Motor vehicle” refers to any land transportation vehicle propelled by any power other than muscular power.
- “Trucks and buses” are motor vehicles with gross vehicle weight from 4501 kg and above.
- “Motorcycles” are two (2) or three (3) wheeled motor vehicles and may include a side-car.
- “Motor vehicles designed to carry hazardous materials” are those designed to carry or transport materials that may endanger health and lives of the public.
- “Public Utility Vehicles” are motor vehicles for hire used to carry or transport passengers or goods.
Driver education and exam requirements
- Every applicant for a motor vehicle driver’s license must complete a course of instruction on safe driving that includes the effects of alcohol consumption on driving ability, hazards of driving under the influence of alcohol and dangerous drugs and/or other similar substances, and penalties for violation.
- Driver’s education modules must include the effects and hazards of alcohol and drug consumption on driving and the penalties for violating the Act.
- Questions from these modules must be included in the written examination for driver’s license application.
- Professional drivers must undergo the driver’s education course for original application or renewal.
- The training course for all driver’s license applicants, whether new or renewal, must be implemented uniformly nationwide and must include the impact of alcohol, drugs, fatigue and distracted driving on driving performance and the penalties attached for violation.
- The driver’s license written examination must include questions on the effects of alcohol and drug intoxication on driving ability and the legal and pecuniary consequences for violating the Act.
- The LTO must revise all modules on the effects of alcohol and drug intoxication while driving for use in these education and examination processes.
Apprehension, testing, and evidence handling
- “Probable cause” means the LEO has reasonable grounds to believe the person driving is under the influence of alcohol, dangerous drugs and/or other similar substances upon personally witnessing a traffic offense showing indicators such as lane straddling, sudden stops, overspeeding, swerving or weaving.
- In-course of apprehension for another traffic offense, the evident smell of alcohol in the breath, generally slurred speech, bloodshot or reddish eyes, flushed face, poor coordination, and difficulty understanding and responding intelligently also constitute probable cause.
- The burden of proof to establish the existence of probable cause is on the LEO.
Screening procedure: alcohol (ABA route)
- Upon personal determination of probable cause, a deputized LEO must flag down the motor vehicle, direct the driver to step out, and determine whether the driver is drunk or drugged.
- If the LEO has reasonable grounds to believe the driver is drunk, the LEO must expressly inform the driver of the assessment and direct the driver to perform all three (3) field sobriety tests on site.
- The LEO must record the driver’s responses to the field sobriety tests; the record forms part of the case records.
- If the driver passes all three (3) field sobriety tests, the driver must be apprehended only for the other traffic offense and not for violation of the Act.
- If the driver fails any field sobriety test, the LEO must determine the driver’s BAC level through the use of the ABA on site.
- Refusal to undergo the mandatory testing required under the screening procedure results in confiscation and automatic revocation of the driver’s license, in addition to other penalties, after compliance with due process requirements.
- If BAC after ABA testing registers higher than the prescribed limit, the driver must be arrested and the motor vehicle impounded.
- The LEO must follow proper arrest procedure and bring the driver to the nearest police station for detention, and the motor vehicle must be brought to the nearest LTO impounding area until claimed by an authorized representative of the registered owner.
- If BAC is within the allowed limit, the driver must be apprehended for the other traffic offense only and not for violation of the Act.
- No driver who has undergone and passed the field sobriety test and/or ABA test may be subjected to a drug screening test afterward.
- Before turnover to the police officer-on-duty of the nearest police station, the LEO must accomplish:
- a complaint/charge sheet;
- results of field sobriety tests/ABA test in the prescribed format;
- inventory of items under temporary custody (including the motor vehicle when necessary);
- other pertinent documents.
Screening procedure: dangerous drugs (DRP route)
- Upon personal determination of probable cause, a deputized LEO must flag down the motor vehicle, direct the driver to step out, and determine whether the driver is drunk or drugged.
- If the LEO has reasonable grounds to believe the driver is drugged, the LEO must expressly inform the driver of the assessment and must bring the driver to the nearest police station.
- At the police station, the driver must be subjected to a drug screening test under existing operational rules and procedures, and if positive, to a drug confirmatory test under Republic Act No. 9165.
- No driver who has undergone and passed the drug testing process may be subjected to field sobriety test and/or ABA test afterward.
- After a positive confirmation, the LEO must accomplish before turnover to the police officer-on-duty of the nearest police station:
- results of the conduct of the DRP in the prescribed format;
- inventory of items under temporary custody (including the motor vehicle when necessary);
- other pertinent documents.
- Without positive confirmation, the driver must be apprehended for the other traffic offense only and not for violation of the Act.
Driver’s license custody
- All driver’s licenses confiscated under these Rules must be turned over to the LTO for safekeeping.
- The LTO must release confiscated licenses only after final disposition or lawful order of the courts.
Mandatory testing in accidents and random drug checks
- A driver involved in a motor vehicular accident resulting in loss of human life or physical injuries must undergo, whenever practicable, on-site field sobriety tests and ABA testing, and thereafter chemical tests (including drug screening and, if necessary, drug confirmatory testing under Republic Act No. 9165) to determine the presence and/or concentration of alcohol, dangerous drugs and/or similar substances.
- A LEO may use other alcohol testing equipment such as GCMS when ABA is not practicable under prevailing circumstances.
- Refusal by a driver to undergo mandatory testing required in accidents results in confiscation and automatic revocation of the driver’s license, in addition to other penalties.
- The LTO must conduct nationwide random terminal inspections and quick random drug tests of public utility drivers.
- Refusal to undergo quick random drug tests required for public utility drivers results in confiscation and automatic revocation of the driver’s license, in addition to other penalties.
Testing equipment procurement and compliance standards
- Within 4 months from the effectivity of Republic Act No. 10586, the LTO and the PNP must acquire sufficient ABAs, drug-testing kits, and other drug confirmatory equipment and accessory devices to be deployed nationwide, prioritizing areas with high reported occurrences of accidents.
- For acquiring these equipment and for the training seminars indicated in the Act, the LTO must utilize the Special Road Safety Fund allotted for this purpose under Section 7 of Republic Act No. 8794.
- Additional yearly appropriations for purchase of ABAs, drug-testing kits and drug confirmatory equipment must be provided annually under the General Appropriations Act.
- Technical specifications of ABAs and drug testing kits duly registered with the Food and Drugs Administration (FDA) must be part of the acquisition process.
- Only ABAs and drug testing kits that comply with standards prescribed by the DOH must be used by deputized LEOs nationwide.
Deputation rules, training, and accountability
- The LTO may deputize only active members of the PNP, the MMDA, and LGUs occupying permanent position items whose present work assignments are directly and actually related to traffic management and control.
- LTO enforcement officers need not be deputized by virtue of their functions, but they must follow the same reportorial and procedural guidelines in these Rules.
- A LEO whose previous deputations were revoked for any reason must not be qualified for further deputation.
Deputation requirements and training seminar
- Before deputation, a LEO must submit to the LTO:
- an information sheet duly indorsed by the Head of Office/agency;
- a Certified True Copy of the Certificate of Appointment;
- certification from the recommending government agency that the LEO has no record of or pending administrative or criminal case;
- two (2) 2"x2" photos on white background taken within the past 6 months and signed at the back;
- valid drug test results taken within the past 6 months prior to application.
- A LEO who complies with the requirements must complete the Deputies Training Seminar covering special laws (Republic Act No. 10586, Republic Act No. 9165, Republic Act No. 4136), conduct of field sobriety tests, ABA testing, drug screening tests and the DRP, and the impact of alcohol and dangerous drugs on driver performance.
- The Deputies Training Seminar must also cover rules on citizen’s arrest and inquest proceedings, rules for public officers including Republic Act No. 6713, Republic Act No. 3019, Republic Act No. 9485, and other applicable rules, life-saving techniques and first aid, procedures in apprehension of traffic violators under the Act, and Filipino values tied to LEO responsibilities.
- A LEO must pass the written and other examinations administered by the LTO.
Deputation records, validity, revocation
- The LTO must maintain and update the list of deputized LEOs and related records such as information sheets, deputation orders, IDs, TOP booklets, and other relevant documents.
- Any of the following causes constitute sufficient grounds for revocation of a deputation order:
- discourteous conduct;
- extortion;
- negligence;
- insubordination;
- misconduct;
- abuse of authority;
- incompetence and inefficiency;
- corruption;
- failure to submit apprehension report within 24 hours from date and time of apprehension;
- any offense involving moral turpitude;
- separation from government service;
- dishonesty;
- death;
- withdrawal of endorsement by the Head of Agency who endorsed the deputation request;
- use of dangerous drugs and other similar substances before and during the deputation period;
- intoxication while performing duty; and
- other causes similar to and analogous to the foregoing.
- Deputized LEOs must be held liable for solicitation or acceptance, directly or indirectly, of any gift, gratuity, favor, entertainment, loan or anything of monetary value in the course of official duties or in connection with operations regulated by or transactions affected by their functions under the Act.
- Deputized LEO liability must also be consistent with Republic Act No. 6713, Republic Act No. 3019, Republic Act No. 9485, and other applicable laws.
- A verified complaint may be filed directly before the LTO, which must investigate the complaint.
- Pending resolution, the LTO Assistant Secretary may order suspension of the deputation to preclude incidents of harassment of the complainant.
- A Show Cause Order must be issued to the deputized LEO to answer the charges.
- Failure to file an answer within the prescribed time must not preclude the LTO from issuing a resolution based on available records.
- Upon revocation, the LEO must surrender the deputation ID, TOP booklet, and other deputation accountable equipment within 72 hours from receipt of the revocation notice.
- The LTO Assistant Secretary may suspend or revoke any deputation order at any time for any reason whatsoever.
- A deputized LEO whose deputation is revoked, cancelled, or no longer renewed, and who fails to surrender required accountabilities, must be disqualified from applying anew and must be held liable under existing laws.
- A deputation order is valid for 6 months from date of issue and may be renewed every 6 months thereafter unless earlier recalled by the LTO Assistant Secretary.
Periodic enforcement training and published guidelines
- The LTO and the PNP must conduct periodic training seminars for LEOs on proper conduct of field sobriety tests and ABA tests.
- Within 4 months from effectivity of the Act, the LTO must publish guidelines and procedures for proper conduct of field sobriety tests, making them available to the public and downloadable through the official LTO website.
Penalties, license sanctions, and liability
- A driver found to be driving a motor vehicle under the influence of alcohol, dangerous drugs and/or other similar substances under Section 5 of Republic Act No. 10586 must be penalized as follows:
- If the violation did not result in physical injuries or homicide: 3 months imprisonment, and a fine ranging from PHP 20,000 to PHP 80,000.
- If the violation resulted in physical injuries: the penalty under Article 263 of the Revised Penal Code or the penalty in the immediately preceding clause, whichever is higher, and a fine ranging from PHP 100,000 to PHP 200,000.
- If the violation resulted in homicide: the penalty under Article 249 of the Revised Penal Code and a fine ranging from PHP 300,000 to PHP 500,000.
- Non-professional drivers’ licenses must be confiscated and suspended for 12 months for the first conviction and perpetually revoked for the second conviction.
- Professional drivers’ licenses must be confiscated and perpetually revoked for the first conviction.
- Perpetual revocation of a driver’s license disqualifies the person from being granted any kind of driver’s license thereafter.
- Prosecution under the Act is without prejudice to criminal prosecution for violation of the Revised Penal Code, Republic Act No. 9165, and other special laws and existing local ordinances, whenever applicable.
- The owner and/or operator of the motor vehicle driven by the offender is directly and principally liable together with the offender for the fine and civil damages awarded against the offender, unless the owner/operator convincingly proves extraordinary diligence in selection and supervision of drivers in general and the offending driver in particular.
- This direct liability provision principally 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.
- The LTO must review the applicability and enforcement of all pecuniary penalties after 5 years from effectivity of the Act and every 5 years thereafter, and must initiate amendment and/or upgrade of the same as may be necessary, subject to approval of the Secretary of the DOTC.
Information campaign and amendments
- Within 1 month from promulgation of these Implementing Rules and Regulations as required under Section 17 of the Act, the Philippine Information Agency (PIA) must conduct an information, education, and communication (IEC) campaign in coordination with the LTO, LGUs, and other concerned agencies for attainment of the objectives of the Act.
Repeal and separability
- The following provisions are repealed or modified accordingly:
- Subparagraph (f), Section 56, Article 1 of Republic Act No. 4136 (Land Transportation and Traffic Code), as amended;
- Subparagraph (f), Section 5 of Republic Act No. 7924 (creating MMDA);
- Subparagraph (a), Section 36 of Republic Act No. 9165; and
- all other laws, orders, issuances, circulars, rules and regulations, or parts thereof, inconsistent with any provision of the Act.
- If any part or provision of these Rules is declared invalid, the invalidity must not affect the other provisions.