Dear PAO,
Scrolling through social media, I came across a story that shook me. A woman described a terrifying experience riding a “habal-habal,” where the driver was glued to his phone, watching videos. She felt like the driver was barely paying attention to the road. May I be made aware if there is a law that prohibits habal-habal drivers from using their phones while driving?
Randall
Dear Randall,
Please be informed of Section 4 of Republic Act (RA) 10913, otherwise known as the “Anti-Distracted Driving Act,” which states that:
“Section 4. Distracted Driving. – Subject to the qualifications in Sections 5 and 6 of this Act, 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.” (Emphasis provided)
The habal-habal driver that was mentioned in the social media story that you read committed distracted driving, which is prohibited under Sec. 4 of RA 10913, as he was using an electronic device to watch videos while driving.
In the afore-mentioned provision of law, distracted driving is described as using a mobile communication device, electronic entertainment device, or computing device while operating a motor vehicle, regardless of whether it’s diplomatic, public or private. This includes using the devices while the vehicle is in motion or temporarily stopped at a red light.
Note that the law covers habal-habal, viz.:
“Section 5. Extent of Coverage – x x x
“(c) 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 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. x x x”
Thus, the law extends to public vehicles, including jeepneys, buses, and even tricycles and habal-habal carrying passengers on public roads. Thus, it is clear from the foregoing that the driver of the habal-habal who was watching videos while driving committed the volatile act of distracted driving and should be punished with the applicable penalties as provided under Section 8 of the law, viz.:
“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 (P10,000.00) for the second offense;
“(c) 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, a school service vehicle, a common carrier hauling volatile, flammable or toxic material, or a driver who commits an act classified herein as distracted driving within a fifty (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.”
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]
