LTO clarifies Grab, Uber drivers not the target of law barring use of mobile gadgets

The Anti-Distracted Driving Act does not target any particular group, not even drivers of app-based ride sharing services, Land Transportation Office (LTO) Chief and Transportation Assistant Secretary Edgar Galvante said on Wednesday.

The law will be fully enforced nationwide starting Thursday, May 18.

"'Yung mga naka-depende sa gadget, kagaya ng Uber, Grab, hindi sila ang target ng batas na ito, kundi lahat ng drivers, whether personal o public," Galvente told reporters in a press conference in Mandaluyong City.

The LTO chief noted that drivers, especially those who depend on navigational mobile applications, should park their vehicle in a way that it won't cause obstruction to traffic to be able to use mobile devices.

Using mobile devices while driving is still allowed hands-free, Galvante said.

According to Section 5 of Republic Act  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 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.”

RA 10913 defines distracted driving as "the performance by motorists of any acts on the usage of their mobile communication devices, electronic entertainment and computing gadgets or devices while vehicles are in motion or temporarily stopped on a traffic light or an intersection."

The law prohibits 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.

Galvante noted mobile devices should be placed where it will not obscure the driver's sight of the road. "O hindi niya kailangan lumingon na pansamantala mawawala 'yung tingin niya sa kalye," he said.

According to 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 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.”

The law is not limited to four-wheeled vehicles, but it also covers motorcycles and even bicycles as long as they are driven in public thoroughfares, highways or streets, Transportation Assistant Secretary Mark Richmund de Leon noted.

Emergencies are exempted

Exempted from the new law are motorists using mobile phones for 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 violating the new law will 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

Land Transportation Franchising and Regulatory Board member Ronaldo Corpuz noted that owners and operators of public utility vehicles (PUV) and commercial vehicles are covered by the law.

However, Corpuz said "operator ang sisingilin namin. Bahala na siya singilin ang driver niya ... kasi responsibility niya ang driver niya. Kailangan na-inform niya na mayroon ng bagong batas."

The Metropolitan Manila Development Authority (MMDA), the Philippine National Police (PNP) and other concerned government agencies are mandated to enforce the law, with the Land Transportation Office helping in the implementation.

De Leon emphasized that the purpose of RA 10913 is not to penalize motorists but to instill discipline and promote road safety.

"Based on statistics, more than half of road crashes resulted from driver error, which may be attributed to distracted driving," the Transportation official said.

Starting Thursday, the PNP's Highway Patrol Group (HPG) will enforce the law. Motorist will be given a slap on the wrist during the early phase of implementation of RA 10913.

"Pagsasabihin o sisitahin muna namin ang mga mahuhuli," HPG Head PS/Supt. Norberto Babagay said.

De Leon said the Department of Transportation will conduct a three-month  information campaign, but made it clear that the law will be effective and fully enforced while information is being disseminated. — VDS, GMA News