R.A. 10913
Road accident is one of the reasons of deaths across the globe with a yearly approximation of one point twenty-five (1.25) million people. The risk factors of these incidents are human error: speeding, driving under the influence of alcohol and other psychoactive substance, non-use of safety measures (helmets, seat belts, and others), and distracted driving which is caused by mobile phones. According to Philippine Daily Inquirer, the data from Philippine National Police- Highway Patrol Group (PNP-HPG) revealed that in just first four months of 2016 – ten thousand six hundred fifty-six (10,656) vehicular accidents in whole country resulting in five hundred forty-nine (549) deaths has been already recorded which are very alarming.
As an answer to this fatal incident that distracted driving can contribute, the Republic Act 10913 or the Anti-Distracted Driving Act (ADDA) is a law that prohibits motorists from using communication and other electronic entertainment and computing gadgets while vehicles are in motion or temporarily stopped on a traffic light or an intersection. This law prohibits activities which included but not limited in making or receiving calls, writing, sending, or reading texts – based communication, playing games, watching movies, performing calculations, reading e-books, composing messages, and surfing or browsing the internet. Its nationwide implementation was May 18, 2017.
The law aims to lessen, if not, entirely eradicate the accidents on the road brought by distracted driving. But, the need to use smartphones while driving cannot be avoided especially when using navigation applications such as Waze, Google Maps or Garmin, that become necessity for many people which ADDA does not prohibit.
Data from the Metropolitan Manila Development Authority (MMDA) showed that there is an average of two hundred sixty-two (262) crashes daily or eleven (11) crashes per hour in the metropolis. Last year, the agency recorded one hundred nine thousand three hundred twenty-two (109, 322) road accidents in the metropolis but its database does not include statistics on distracted driving. Distracted driving is not just a problem in the Philippines but all around the world. Most anti-distraction campaigns feature someone texting from behind the wheel.
In response to this problem, the Philippine lawmakers created the Republic Act 10913 or the Anti-Distracted Driving Act (ADDA). Republic Act 10913 or the Anti-Distracted Driving Act (ADDA) is a law that prohibits motorists from using communication devices and other electronic entertainment and computing gadgets while vehicles are in motion. This act covers both public and private vehicles. It also covers wheeled agricultural machineries, construction equipments, and other forms of conveyances such as bicycles, pedicabs, trolleys, “habal-habal”, “kuliglig”, wagons, carriages, and carts that may either be human-powered or pulled by an animal as long as the same are operated or driven in public thoroughfares, highways, or streets. The law prohibited acts made while driving which include but not limited in: making or receiving calls, writing, sending, or reading text-based communications, playing games, watching movies, performing calculations, reading e-books, composing messages, and surfing or browsing the internet. Motorists can use devices to make or take emergency calls to authorities in case of crime, accidents, bomb or terrorist threats, fire or explosion, instances needing immediate medical attention, or when personal safety and security is compromised. These are the only actions that are exempted from the law. The law prohibits communication devices and gadgets like smartphones.
Under the revised Implementing Rules and Regulations (IRR) published on June 21, 2017 and implemented on July 6, 2017, motorists are prohibited from making calls on cellphones while driving. Motorists may receive calls but using only a handset while driving. Reading and sending text messages are not allowed. However, if there is an emergency, drivers may do so but must be able to prove the emergency situation. Those using a navigational app to drive must set the location before driving. Objects may be placed on the dashboard and stickers may be placed on the windshield as long as these are not more than four inches from the dashboard or within line of sight. Revision of IRR became possible after its suspension due to public confusion in definition of line of sight and placement or positioning of items (rosaries, clamps, and others) on a vehicle's dashboard or windshield.
The fine for violators for first offense is five thousand pesos (Php 5,000), for second offense is ten thousand pesos (Php 10,000), for third offense is fifteen thousand pesos (Php 15,000) with a three-month suspension of driver's license, and beyond third offense is revocation of driver's license and a fine of twenty thousand pesos (Php 20,000). Additionally, a fine of Php 30,000 and a three-month license suspension are for public utility vehicle (PUV) drivers who commit an offense within fifty (50) meters of a school. If these fines are unpaid, it will reflect on a motorist's record and will impede renewal of the driver's license. The case of operators of vehicles that do not require driver's licenses — such as construction equipment and agricultural machinery, as well as bicycles, pedicabs, trolleys, "habal-habal," "kuliglig," wagons, carriages, and carts is different because the violator is issued a ticket and escorted to the nearest payment center to settle the fine. If the said fine is unpaid, the violator's vehicle is impounded and can be sold by the government if it is failed to be paid within six months .
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