HIE TEENTIECONGRESS OF THE REPUBLIC)
OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES,

Wo 788

Introduced by Representative Aurelio “Dong™ D. Gonzales, Jr.

AN ACT REGULATING THE USE OF HAND: HELD CELLULAR PHONES
WHILE DRIVING AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Cellular phones and similar mobile communication devices have become an

almost indispensable part of Filipino It's use and importance in business,
communication, and entertainment eannot be denied.
However. operating the device in some instances and situations pose not only

nconvenience to other people but danger as well, One such situation is when people

ste these devices while driving their motor vehicles

\ study published in the New England Journal of Medicine found that
collision rates tor drivers using hand held cell phones were roughly the same as for
drivers who were legally drunk.

While some cities have enacted local ordinances prohibiting its use by drivers.
there is a need fo institute a similar measure on a nationwide scale to protect life, limb
and property

In view of the foregoing and in the interest of public safety. Immediate

passage of this measure is therefore requested

REP. AU D. GONZALES, JR.

mpanga


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HIETEENTIECONGRE SS OF THE REPUBLIC)
OF THE. PHILIPPINES )
First Regular Session )

HOUSE OF REPRSENTATIVES,

“fiw 788

Introduced by Representative Aurelio “Dong” D. Gonzales, Jr.

AN ACT REGULATING THE USE OF HAND- HELD CELLULAR PHONES:
WHILE DRIVING AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1, Title ~ This Act shall be known as the “Anti-Mobile
Communication Devices Use While Driving Act of 2010"

SECTION 2. Declaration of Policy. ~ It is hereby declared the policy of the
State 1 safeguard its citizenry from the ruinous and extremely injurious effects of
Vehicular accidents. Towards this end. it shall pursue a more proactive and preventive

proach t secure the safety of motorists, their passengers and pedestrians at all
1 the banning of of hand held cellular phones by motorists on

times throu

board a moving motor vehicle

SECTION 3. Definition of Termy. ~ As used in this act. the term
(a.) “Mobile Communications Devices” shall refer to electronic
communication equipment. such as, but not limited to

cellular/smart phones, Personal Digital Assistants (PDAs).
cordless telephone, two-way radio transceivers, handsets, walkie
talkie, pager and beepers, capable of transmitting, receiving or
both of voice and data communication through wireless.
Bluetooth, infrared or other similar electronic means;

(b.) “Using a mobile communication device” shall refer to the act of
making a call, receiving a call or the act of composing. sending or
viewing of text and multi-media messages, and photo and video
recording, including the act of using the Internet and other similar
functions with the use of mobile communication devices as herein
defined:

(c.) “motorist”

hall refer to a person driving a: motor vehicle:

id) “motor vehicle” shall refer engine-driven vehicles such as, but not
limited to, automobiles. trucks. vans. buses, jeeps, motorcycles and
tricyeles:

te) “private motor vehicle” shall refer to any of the following:

1.) Any motor vehicle owned by individuals and juridical persons for
private use:



) Any motor vehicle owned by the National Government or any of
its auencies. instrumentalities or political subdivisions, including
vernment owned or controlled corporations or their subsidiaries

for official use: and
3.) Any diplomatic vehicle

! public motor vehicle” shall refer to public utility vehicle or
\chicle for hire

i Implementing Agency” shall refer to the Department of
Jransportation and Communications (DOTC) = Land
Transportation Office (LTO)

SECTION 4. Ban on the Use of Mobile Communication Devices: While
Drivings. Lo ensure public safety. it shall be unlawful for any person to use
& mobile communication device while driving a private or public motor

vehicle

SECTION 5, Exempriosn, ~ The ban shall not be imposed if the motorist
concemed uses a mobile communication device with the aid of a hands-free
device or speaker phone or other similar device which allows a person to make
and receive galls without haying to hold the mobile communication device.
The provisions of this Act shall not apply to persons performing emergency
and official functions where such limitations will result to greater injury or
impair the pe

formance thereof

SECTION 6 Nationwide Public Information Campaign, ~The DOTC andor
110, in coordination with the Philippine Information Ageney (PIA).
Department of Education (DepEd). the Philippine National Police and private
avencies and organizations. shall undertake a nationwide Information,
I:dueation and Communication (FC) campaign for a period of six (6) months
ivity of this Act

fiom the etfes

SECTION 7. Penalty ~ Any person who shall violate any provision of thi

Act shall be punishable by: In the enforcement of this Act, the LTO shall

impose the corresponding fines and penalties. which shall be based on the

following

1, First offense ~ a fine of One Thousand Pesos (P 1,000.00):

2. Second offense - a fine of Three Thousand Pesos (P 3.00.00);

3. Third Offense ~ a fine of Five Thousand Pesos (P $,000.00) and
suspension of driver's license for three (3) months;

4. Fourth and succeeding offenses - a fine of Five Thousand Pesos (P

000.00) up to Ten Thousand Pesos (P 10,000.00) and revocation of

driver's license.

Provided. that the implementing agency may inerease the amount of
fine herein imposed once every three (3) years in the amount not exceeding
ten percent (10%) of the existing rates sought to be increased

SECTION 8 Assitance Ay Other Agencies. ~ The Metro” Manila
Development Authority (MMDA), PNP and other concerned government


agencies and instrumentalities shall
implementing agency in order to effectiv
Act

ender such assistance as required by the
y implement the provisions of this

SECTION 9, Miscellaneous Provisions. ~ Wheeled agricultural machiner
such as tractors and construction equipment such as graders, rollers, backhoes.
puyloaders, eranes, bulldozers, mobile concrete mixers and the likes, other
forms of conveyances such as bicycles, pedicabs, habal-habla, trolley, kulighig.
. sledves. chariots or the likes, whether animal or
human-powered, are covered by the provisions of this Act as long as the same
aire operated or driven in public thoroughfares, highway’ or streets or under
circumstances where public safety is under consideration

wagos. carriages.

SECTION 10. /mplementing Rules and Regulations. — The DOTC-LTO shall
promulgate the necessary Implementing Rules and Regulations within 60 days
from the effectivity of this Act

SECTION 11, Separability Clause. ~ If any provision, or part of hereo!
held invalid or unconstitutional , the remainder of the law or provision not
otherwise afliceted shall remain valid and subsisting,

SECTION 12. Repealing Clause. ~ All laws, decrees. orders. rules and
gulations. or any part thereof. which are inconsistent herewith are hereby
caled, amended or modified accordin

SLCHON 13. Epfectivity. ~ ‘This Act shall wke effect fifteen (15) days after
its publication in at least two (2) n rs of general circulation in
the Philippines.

ional newsp

Approved