HOUSE CF cep ENTATIVES

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

House BiltNo,_155

STATION UNIT

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iE BILLS AND «Noex SERVICE
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Introduced by DIWA Party-list Representative Emmeline Y. Aglipay — Villar

EXPLANATORY NOTE

The bill intends to discourage the use of mobile communication devices or other
electronic communication equipment such as cellular phones and tablets or any other device
capable of transmitting and receiving encrypted data and/or signals, while operating motor
vehicles. The reason for discouraging such a dangerous practice is the fact that “distracted”
drivers have been found to be the reason for most vehicular accidents in recent years.

Under this proposed bill, a person operating a mobile communication device or an
electronic entertainment device while driving a motor vehicle will be subjected to a fine
and/or the suspension or revocation of his or her driver's license. This means that the
proposed bill not only discourages “text/call-driving,” it also penalizes other forms of
operation of mobile communication device or electronic equipment, like browsing through
photos, watching video clips or playing clectronic games. However, a person operating a
motor vehicle may still take phone calls after pulling over to the side of the road and away
from moving traffic or if stopped at a red light.

As we are bombarded with sophisticated gadgets in this technologically advanced age,
we must all make sure that we are in control of our gadgets, not the other way around. Giving ,
in to the temptation of using our communication gadgets is more likely to happen in ouw
country especially considering the fact that the Philippines, labeled as the “texting capital of
the world,” is the fastest growing market for smartphones in Southeast Asia,

Aoatos I. Hellar
EMMELINE Y. AGLIPAY ~ VILLAR
Representative, DIWA Party-list

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 155

Introduced by DIWA Party-list Representative Emmeline Y. Aglipay — Villar

AN ACT
DEFINING AND PENALIZING DISTRACTED DRIVING

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

SECTION 1. Short Title. - This Act shall be known as the “Anti-Distracted
Driving Act.”

SECTION 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 takes cognizance of the inimical
consequences of the unrestrained use of electronic mobile devices on road safety as to
cause its regulation.

SECTION 3. Definition of Terms. - As used in this Act:

a) Diplomatic motor vehicle refers to any motor vehicle leased or owned by &
foreign mission and its staff for their official use:

b) Electronic entertainment and computing device refers to 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.

©) Government motor vehicle refers to any motor vehicle owned by the national
government or any of its agencies, instrumentalities or political subdivisions,
including government-owned or -controlied corporations or their subsidiaries for
official use;

Implementing agency refers to the Department of Transportation and
Communications (DOTC) - Land Transportation Office (LTO); 2

@) Mobile communications devices refer to electronic “ communications
equipment such as, but not limited to, cellular phones, wireless telephones, two- way

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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:

£) Motor vehicle 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,

h) Private motor vehicle refers to any motor vehicle owned by individuals and
juridical persons for private use; and

i) Public motor vehicle refers to a motor vehicle issued with a valid franchise by
the appropriate government agency to operate as a public utility vehicle or any vehicle
for hire.

SECTION 4. Distracted Driving, - Subject to the qualifications in Sections 5
and 6 of this Act, distracted driving shall consist of the performance by a motorist of any
of the following acts in a moving motor vehicle or a motor vehicle stopped at a red light,
whether diplomatic, public or private, which are hereby deemed unlawful,

a) Operating a mobile communications device with one or both hands; and

b) Operating an electronic entertainment or computing device with one or both
hands.

SECTION 5. Extent of Coverage. -

a) The operation of @ 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.

b) 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

¢) The provisions of this Act shall not apply to motorists of motor vehicles which
are not in motion or are pulled over to the side of the road, except those which are
stopped momentarily at a red light or in compliance with a traffic regulation.

SECTION 6. Exemptions. - ‘The provisions of this Act shall not apply to persons
performing emergency or urgent official function where such limitations will result to
greater injury or impair the performance thereof: Provided, That the motorist does not
have any companion capable of making a call or performing such tasks or functions as
the emergency or official mandate requires.

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SECTION 7. Nationwide Public Information Campaign. - The DOTC-LTO, in
coordination with the Philippine Information Agency (PIA), the Department of
Education (DepEd) the Department of 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.

SECTION 8. Penalties. - Any person who shall violate any provision of this Act
shall be penalized with:

a) A fine of five thousand pesos (P5,000.00) for the first offense

b) A fine of ten thousand pesos (P 10,000.00) for the second offense

¢) A fine of fifteen thousand pesos (P15,000.00) and suspension of driver's license
for three (3) months for the third offense; and

d) A fine of twenty thousand pesos (P20,000,00) and revocation of driver's
license

Provided, That the implementing agency may increase the amount of fine herein
imposed once every five (5) years in the amount not exceeding ten percent (10%) of
the existing rates sought to be increased which shall take effect only upon publication in
at least two (2) newspapers of general circulation,

Provided, further, That a driver of a public utility vehicle, a school bus, school
service vehicle, a common cartier hauling volatile, flammable or toxic material, or a
driver who commits an act classified herein as distracted driving within a 50- meter
radius from the school premises shall be subject to a penalty of thirty thousand pesos
(P30,000,00) and suspension of one's driver's license for three (3) months

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

SECTION 9. Enforcement and Assistance by Other Agencies. - The Metro
Manila Development Authority (MMDA), the PNP and other concerned government
agencies and instrumentalities shall be responsible for the enforcement of the
foregoing provisions and shall render such assistance as may be required by the DOTC-
LTO in order to effectively implement the provisions of this Act

SECTION 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.

SECTION 11, Separability Clause. - If, for any reason, any part or provision of
this Act is declared invalid, such declaration shall not affect the other provisions of this
Act.

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

SECTION 13. Effectivity. - This Act shall take effect (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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