It is saddening that almost every month we heard news or saw a video on Facebook that a vehicular accident occurred in our dear province. These vehicular accidents are not only happening in mainland Virac, but in all the eleven (11) municipalities of Catanduanes. Although the top culprit for these mishaps to transpire is drunk reckless driving, a close second is distracted driving.
With that, our topic for this week’s edition is Republic Act No. No. 10913 or An Act Defining and Penalizing Distracted Driving.
Under the said law, distracted driving refers to the performance by a motorist of any of the following acts in a motor vehicle in motion or temporarily stopped at a red light, whether diplomatic, public or private, which are hereby declared unlawful: (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.
Motor vehicle encompasses of engine-driven vehicles such as, but not limited to, automobiles, trucks, vans, buses, jeeps, motorcycles and tricycles. (Section 3 (f))
It is also stated in Section of the said law, that wheeled agricultural machineries such as tractors and construction equipment such as graders, rollers, backhoes, payloaders, cranes, bulldozers, mobile concrete mixers and the like, and other forms of conveyances such as bicycles, pedicabs, “habal-habal”, trolleys, “kuligligs”, wagons, carriages, carts, sledges, chariots or the like, whether animal or human-powered, are also covered by the provisions of this Act as long as the same are operated or driven in public throughfares, highways, streets or under circumstances where public safety is under consideration.
Electronic entertainment and computing device means any handheld electronic device capable of digital information processing, recording, capturing or displaying, and computing operations such as, but not limited to, laptop, computers, tablets, video game consoles, and calculators while Mobile communications devices are those electronic communications equipment such as, but not limited to, cellular phones, wireless telephones, two-way radio transceivers, pagers and other similar devices capable of transmitting, receiving, or both, of encrypted data and/or signals through wireless electronic or any other similar means.
Section 8 of RA 10913 provides for the penalties for violation thereof, to wit: Section 8. Penalties. – Any person who shall violate any provision of this Act shall be penalized with: (a) A fine of five thousand pesos (₱5,000.00) for the first offense; (b) A fine of ten thousand pesos (₱10,000.00) for the second offense; (c) A fine of fifteen thousand pesos (₱15,000.00) and suspension of driver’s license for three (3) months for the third offense; and (d) A fine of twenty thousand pesos (₱20,000.00) and revocation of driver’s license.
The foregoing penalties shall be 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.
Worthy to note that 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 he or she is able to convincingly prove that he or she has exercised extraordinary diligence in the selection and supervision of his or her drivers in general and the offending driver in particular. (Section 9)
Lastly, Section 5 and Section 6 thereof provide for the several circumstances and scenarios excluded from the coverage of R.A. 10913, to wit: (a) The operation of a mobile communications device is not considered to be distracted driving if done using the aid of a 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 the mobile communications device: Provided, That the placement of the mobile communications device or the hands-free device does not interfere with the line of sight of the driver. (Section 5 (a)
Section 6. Exemptions. – The provisions of this Act shall not apply to the following: (a) 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; and (b) 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.
Drive safe everyone!