Motorists texting while driving to be apprehended, fined starting May 18

Motorists texting, receiving or making a call using their mobile phones and playing mobile games will be apprehended and fined as law enforcers start to enforce the Anti-Distracted Driving Act on May 18.

Section 4 of Republic Act 10913 says distracted driving is when a motorist is using his/her mobile phone or gadgets while the vehicle is moving or temporarily stopped at a red light.

The law covers private and public vehicles and even those with diplomatic plates.

Other acts of distracted driving under the new law include:

• Using mobile communications device to write, send, or read text-based communications or to make or receive calls and other similar acts
• Using an electronic entertainment or computing device to play games, watch movies, surf the internet, compose messages, read e-books, perform calculations, and other similar act

The Anti-Distracted Driving Act, which was passed into law on July 21, 2016, will take effect on May 18 after its implementing rules and regulations were published in newspapers last May 3.

The law, meanwhile, says motorists are still allowed to use mobile devices provided that it is done hands-free.

Under Section 5 of RA 10913, "the operation of a mobile communications device is not considered to be distracted driving if done using the aid of hands-free function or similar device such as but not limited to, a speaker phone, earphones, and microphones or other similar devices which allow a person to make and receive calls without having to hold communications device: provided that the placement of the mobile communication device or hands-free device does not interfere with the line of sight of the driver.”

Exempted from the coverage of the new law are motorists using mobile phones for making emergency calls to a law enforcement agency, health care provider, fire department or other emergency services, agencies or entities.

Also exempted are motorists using mobile phones while operating an emergency vehicle such as an ambulance, a fire truck, and other vehicles providing emergency assistance, in the course and scope of his or her duties.

Motorists caught in violation of the new law shall be fined:

• P5,000 for the first offense
• P10,000 for the second offense
• P15,000 and suspension of driver’s license for three months for the third offense
• P20,000 fine and revocation of driver’s license for the fourth offense

The Metropolitan Manila Development Authority (MMDA), the Philippine National Police (PNP) and other concerned government agencies are mandated to enforce the law, while the Land Transportation Office shall assist in its effective implementation. —ALG, GMA News