Anti-Distracted Driving Act

Case Overview and Summary

Summary of Republic Act No. 10913 (Anti-Distracted Driving Act)

Declaration of Policy (Section 2):
- Safeguard citizens from injurious effects of vehicular accidents.
- Recognize vital roles of information and communications technology, but also inimical consequences of unrestrained use of electronic mobile devices on road safety.

Definitions (Section 3):
- Defines terms like diplomatic motor vehicle, electronic entertainment and computing device, government motor vehicle, implementing agency, mobile communications devices, motor vehicle, motorist, private motor vehicle, and public motor vehicle.

Distracted Driving (Section 4):
- Unlawful acts constituting distracted driving:
    - Using a mobile communications device to write, send, or read text-based communication or make/receive calls.
    - Using an electronic entertainment or computing device to play games, watch movies, surf the internet, compose messages, read e-books, perform calculations, and similar acts.

Extent of Coverage (Section 5):
- Using a mobile communications device with a hands-free function or similar device is not considered distracted driving, provided it does not interfere with the driver's line of sight.
- Covers wheeled agricultural machineries, construction equipment, and other conveyances like bicycles, pedicabs, trolleys, wagons, etc., when operated on public thoroughfares or where public safety is considered.
- Does not apply to motorists of motor vehicles that are not in motion, except those stopped momentarily at a red light.

Exemptions (Section 6):
- Motorists using a mobile phone for emergency purposes, including calls to law enforcement, health care providers, fire department, or other emergency services.
- Motorists using a mobile phone while operating an emergency vehicle like an ambulance or fire truck in the course of their duties.

Nationwide Public Information Campaign (Section 7):
- DOTC-LTO, in coordination with other agencies, shall undertake a nationwide information, education, and communication (IEC) campaign for 6 months from the law's effectivity.

Penalties (Section 8):
- First offense: Fine of ₱5,000.
- Second offense: Fine of ₱10,000.
- Third offense: Fine of ₱15,000 and 3-month driver's license suspension.
- Fourth offense: Fine of ₱20,000 and driver's license revocation.
- Fines may increase by up to 10% every 5 years.
- Higher penalty of ₱30,000 fine and 3-month driver's license suspension for public utility vehicle drivers, school bus drivers, drivers hauling volatile/flammable/toxic materials, or drivers within 50-meter radius of school premises.

Liability of Owner and/or Operator (Section 9):
- The owner and/or operator of the vehicle driven by the offender shall be directly and principally held liable together with the offender for the fine, unless they can prove extraordinary diligence in selecting and supervising drivers.
- Applies principally to owners and/or operators of public utility vehicles and commercial vehicles.

Enforcement and Assistance by Other Agencies (Section 10):
- MMDA, PNP, and other concerned government agencies shall be responsible for enforcement and shall assist DOTC-LTO in implementing the law.

Implementing Rules and Regulations (Section 11):
- DOTC-LTO shall promulgate the necessary implementing rules and regulations within 60 days from the law's effectivity.