Anti-Distracted Driving Act (R.A. 10913) Explained

Did you know that playing Pokémon GO and other mobile games while driving could get you into legal trouble? The recently enacted Republic Act 10913 or the Anti-Distracted Driving Act makes playing mobile games while driving and other similar activities prohibited.

Here is a Q & A type of analysis of the RA 10913 to help you understand its provisions –

What is prohibited by the Anti-Distracted Driving Act?

These are the acts punishable under this law:

a) Using a mobile communications device to write, send or read a text-based communication or to make or receive calls, and other similar acts; and

b) 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 acts. (Sec. 4)

Is the use of a tablet or laptop to play games while driving included in the prohibited acts?

Yes. Laptop, computers, tablets, video game consoles and calculators are considered as electronic entertainment or computing device include (Sec. 3b)

What if the driver is using Bluetooth device or headphones, will it be exempted from the coverage?

Yes, but with exception. It is not considered “distracted driving” if the use of the cellphone is with the aid of hands-free function or device such as speaker phone, headphones and similar device (Bluetooth) to communicate without need of touching the cellphone. (Sec. 5a) Provided, the placement of the device does not affect the line of sight. (Sec. 5a)

What if the vehicle is temporarily stopped at a red light, can the driver play Pokémon GO or touch the handset to text or call?

No. Vehicles temporarily stopped at red light are included under the coverage of the law. (Sec. 4) Thus they are no exempted.

There is a rare Pokémon that appeared and you need to catch it, what can you do to catch it without violating the law?

You need to park somewhere safe and make sure not to violate any other traffic regulations. Under the law, motorists of vehicles not in motion are not covered by the provisions of the Anti-Distracted Driving Act (Sec. 5c) except those temporarily stopped at red light or pulled over to the side in compliance with a traffic regulation (Sec. 5c).

Are passengers also prohibited from playing games, texting or calling (without hands-free devices)?

No. Only motorists. It refers to the person driving. (Sec. 3g). Thus passengers are excluded from the coverage of this law.

Are bikers also covered by the provisions of the Anti-Distracted Driving Act?

Yes, but with exception. Those who use bicycles, pedicabs, “habal-habal”, trolleys, “kuliglig”, carriages, carts, sledges, chariots also those who use agricultural equipment (e.g. tractors) and construction equipment (e.g. graders, rollers, backhoes, payloaders, cranes, bulldozers, mobile concrete mixers) are also covered. However, the provisions of the law will only apply if the motorist is operating or driving any of these in public streets where public safety is under consideration.

There is an emergency and you need to dial 911, is this exempted under the law?

Yes. A motorist using a mobile phone for emergency purposes, including but not limited to, an emergency call to a law enforcement agency, health care provider, fire department or other emergency services, agency or entity shall be exempted from the coverage of the Anti-Distracted Driving Act (Sec. 6a)

You work as an ambulance driver or firetruck driver and you need to use your cellphone in the course of your duty, will you be allowed to use it?

Yes. A motorist using a mobile phone 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 shall also be exempted (Sec. 6b)

You are driving a diplomatic vehicle, will you be exempted?

No. Diplomatic, public and private are all covered. (Sec. 4)

What is the penalty for violation of the Anti-Distracted Driving Act?

1st offense – P5,000 fine

2nd offense – P10,000 fine

3rd offense – P15,000 fine + suspension of drivers license for 3 months

4th offense – P20,000 fine + revocation of drivers license

Drivers of public utility vehicle, school bus, common carrier hauling volatile, flammable or toxic material or if the act of distracted driving is committed within 50-meter radius from a school shall be fined a stiffer penalty of P30,000 + suspension for 3 months.

A driver who was busy playing Pokémon GO did not notice that he was about to hit a pedestrian and actually hit him which resulted to the latter’s death, will the driver be liable only for violation of the Anti-Distracted Driving Act?

No. Aside from his liability under R.A. 10913 the driver will also be liable for the death of the pedestrian. The penalties are imposed without prejudice  to other liabilities under the Revised Penal Code or any special law, arising out or on occasion of the herein prohibited acts.  (Sec. 8)

Will the owner or operator of the public utility vehicle be liable for any violation committed by his/her driver under the Anti-Distracted Driving Act?

The owner or operator shall be directly and principally liable together with the offender for the fine, unless he/she can prove that he/she has exercised extra ordinary diligence in the selection and supervision of his or her drivers in general and the offending driver in particular (Sec. 9). This shall principally apply to owners and operators of public utility vehicle and commercial vehicles (Sec. 9).

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Photo credit: Incarabia.com