SIXTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES, )
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No._ 400

troduced by Representative Si

nA. Yap

EXPLANATORY NOTE,

Based on reports gathered by the Philippine National Police-Highway Patrol
Group (PNP-HPG), 80 road accidents caused by the use of mobile phones were
documented in 2007, it ballooned to 491 in 2009 and rose to 608 in 2010.

While cellular phones have become an integral part of both business and
personal lives, the alarming figures on cell phone-related accidents transform this
technological gadget into a dangerous device. Distracted driving, or using a cell
phone or other electronic device while driving, particularly texting and reading
messages, effectively removes the visual focus of the driver from the road and
diminishes his degree of concentration on the safety of his driving. The danger is
not only to the lives and limbs of the general driving public but also to the innocent
pedestrians. The necessity of using mobile phones does not prevail over the need to
ensure road safety.

Under this measure, the use of mobile communications devices while
driving a motor vehicle is regulated and penalties are imposed for violation thereof
in order to promote road safety. It promotes the responsible use of cellular phones
while driving and promotes driver awareness of the dangers of road traffic.
Violators will be slapped with a P10,000 fine and revocation of their driver’s
license.

Motor vehicles include wheeled agricultural machineries, construction
equipment and other forms of conveyances, regardless of whether machine, animal
or human-powered as long as operated or driven in public thoroughfares under
circumstances where public safety is under consideration. Exempted from the ban
are drivers of motor vehicles who use cellphones with the aid of hands-free devices
and those that perform urgent, emergency and official functions where such
limitations will result in greater injury or impair their performance.

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



SIXTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No.

Introduced by Representative Susan A. Yap

AN ACT
REGULATING THE USE OF HAND-HELD MOBILE COMMUNICATION
DEVICES WHILE DRIVING AND FOR OTHER PURPOSES

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

SEC. 1. Short Title. - This Act shall be known as the “Anti-Mobile Communication
Devices Use While Driving Act of 2013”.

. 2. Declaration of Policy. - It is hereby declared the policy of the State to safeguard its
citizenry from the ruinous and extremely injurious effects of vehicular accidents.

While the State recognizes the vital role of information and communications technology
in nation-building, the State also promotes the safety of the public from the acts of persons
which have become inimical in the exercise and enjoyment of these rights and to regulate such
acts.

‘Towards this end, it shall pursue a more proactive and preventive approach to secure the
safety of motorists, their passengers and pedestrians at all times by banning the use of mobile
communication devices by motorists while driving or operating a moving motor vehicle.

SEC. 3, Definition of Terms. - As used in this Act, the term:

(@) Diplomatic motor webicle refers to any motor vehicle leased or owned by a foreign mission and
its staff for their official use.

(b) Government motor vebicle refers to any motor vehicle owned by the national government or any
of its agencies, instrumentalities or political subdivisions, including government-owned or -
controlled corporations or their subsidiaties for official use

(©) Implementing agency refers to the Department of ‘Transportation and Communications
(DOTC)-Land Transportation Office (LTO).

(@) Mobile communication devices refer to electronic communication equipment such as, but not
limited to, cellular phones, i-phones, wireless telephones, two-way radio transceivers, walkie-talkie,
pagers and beepers capable of transmitting, receiving, or both, of encrypted data and/or signals
through wireless, electronic or any other similar means.

(©) Motor vebicle refers to engine-driven vehicles such as, but not limited to, automobiles, trucks,
vans, buses, jeeps, motorcycles and tricycles.

(© Motorist refers to a person driving a motor vehicle.

(@) Prinate motor vehicle refers to any motor vehicle owned by individuals and juridical persons for
private use.

(h) Public motor vebicle refers to a motor vehicle issued by the Land Transportation Franchising
and Regulatory Board (LTFRB) to operate as a public utility vehicle or any vehicle for hire.

@ Using a mobile communication device refers to the act of making a call, receiving a call or the act


of composing, sending or viewing of text and multi-media messages, including the act of doing
internet and other similar functions.

SEC. 4. Ban on the Use of Mobile Communication Devices While Driving. -To ensure public safety, it
shall be unlawful for any person to use hand-held mobile communication device while driving a
private ot public motor vehicle.

SEC. 5. Extent of Coverage. - 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, kuliglig, wagons, carriages, carts, sledges, chariots or the like,
whether animal or human-powered, are covered by the provisions of this Act as long as the
same are operated or driven in public thoroughfares, highways or streets or under
circumstances where public safety is under consideration

SEC. 6, Exemptions, - The ban shall not be imposed if the motorist concerned uses a mobile
communication device with the aid of a hands-free device such as, but not limited to, a speaker
phone, earphones and microphones or other similar device which allows a person to make and
receive calls without having to hold the mobile communication device. ‘The provisions of this Act
shall not apply to persons performing urgent, emergency and official functions where such
limitations will result to greater injury or impair the performance thereof.

SEC. 7. Nationwide Public Information Campaign. - The DOTC-LTO, in coordination with
the Philippine Information Agency (PIA), the Department of Education (DepED), the
Department of the Interior and Local Government (DILG)-Philippine National Police (PNP)
and private agencies and organizations, shall undertake a nationwide information, education
and communication (IEC) campaign for a period of six (6) months from the effectivity of this
Act.

SEC. 8. Penalties. - Any person who shall violate any provision of this Act shall be
punishable by:

(a) First offense ~ a fine of One thousand pesos (P1,000.00);

(b) Second offense — a fine of Three thousand pesos (P3,000.00);

(©) Third offense — a fine of Five thousand pesos (P5,000.00) and suspension of driver’s
license for three (3) months; and

(@) Fourth and succeeding offenses — a fine of Five thousand pesos (P5,000.00) but not
more than Ten thousand pesos (P10,000.00) and revocation of driver’s license:

Provided, That the implementing agency may increase 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

‘The foregoing penalties shall be without prejudice to the other liabilities under the
Revised Penal Code, as amended, or any special law, arising out or on occasion of the herein
prohibited acts

SEC. 9. Assistance by Other Agencies. - The Metropolitan Manila Development Authority
(MMDA), the PNP and other concerned government agencies and instrumentalities shall
render such assistance as required by the implementing agency in order to effectively
implement the provisions of this Act.

SEC. 10. Implementing Rules and Regulations. — The DOTC-LTO shall promulgate the
necessary implementing rules and regulations within sixty (60) days from the effectivity of this

Act.

SEC. 11. Separability Clause. - If, for any reason, any part or provision of this Act is


eIAKVRYN—

declared invalid, such declaration shall not affect the other provisions of this Act.

SEC. 12. Repealing Clause, - All laws, executive orders, issuances, rules and regulations ot
parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or
modified accordingly

SEC. 13. Effectivity. - This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,

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