Implementation of distracted driving act deferred

MANILA, Philippines - The Department of Transportation (DOTr) has decided to defer implementation of the Anti-Distracted Driving Act (ADDA) in response to calls from both houses of Congress.

In a statement yesterday, the DOTr said the decision to defer enforcement of Republic Act 10913 was made by the department along with the Land Transportation Office (LTO), Land Transportation Franchising and Regulatory Board (LTFRB), Metropolitan Manila Development Authority and the Philippine National Police Highway Patrol Group.

“Relative thereto, the DOTr shall immediately revive its Technical Working Group to conduct a review of the IRR (Implementing Rules and Regulations) in coordination with concerned stakeholders,” it said.

The ADDA prohibits the use of any communications, electronic or entertainment device while driving a vehicle.

After the new IRR is crafted, the DOTr will conduct an information and education campaign.

“In the meantime, we invite the public to continue the constructive discussion on this new law so as to contribute on how we could all better promote road safety, discipline and responsible driving,” the DOTr said.

Transportation officials made the decision shortly after the House committee on transportation voted to ask the LTO and the LTFRB to suspend the implementation of the rules.

Following the vote, Quezon City Rep. Winston Castelo asked officials of the two agencies: “In view of the consensus of the committee, the clamor of the public and the raging confusion on the implementation of your rules, may we get a response?”

Speaking for the two agencies, LTO chief Edgar Galvante told lawmakers: “We can’t do anything but obey. If that’s enough authority for us, we will do it.”

However, he had misgivings on obeying.

Since approval of the law was a collective act of congressmen and senators, Galvante said maybe the LTO would have to await word from senators.

The Senate committee on public services said it is set to conduct a review of the implementation of the ADDA.

Sen. Joseph Victor Ejercito filed Senate Resolution 386, which paved the way for the conduct of the review.

Sen. Grace Poe, chairman of the public services committee, said the scope of the IRR may have gone beyond the objectives of the law as intended by Congress.

She said the crafting of the IRR was done without the benefit of public consultations and this has resulted in the present situation where motorists are not sure what is allowed and what is prohibited while they are on the road.

Galvante also asked the House committee who would be responsible for any accident arising from acts that the law seeks to prohibit.

“What if is there is an accident (during the law’s suspension)? We are not after apprehensions. We are after the safety of motorists and the public, and we want to err on the side of being safe,” he said.

Congressmen did not respond to this particular concern of Galvante.

Navotas Rep. Federico Sandoval, vice chairman of the transportation committee, said the law requires the concerned agencies, including the Department of Transportation, Department of Education and Philippine Information Agency, to conduct an aggressive nationwide information campaign for six months.

“You can do this while enforcement of the implementing rules is suspended,” he said.

Rosaries allowed

Committee chairman Rep. Cesar Sarmiento of Catanduanes said the law does not prohibit the display of rosaries.

LTFRB chairman Martin Delgra agreed, but said the agency is just trying to simultaneously enforce a 2014 administrative order banning “any accessories that distract the line of sight of a driver.”

“This is where rosaries, stuffed toys, signs, curtains, decorations and the like fall,” he added.

Committee members said the enforcement of the order at the same time with the anti-distracted driving law added to the confusion of motorists.

An official of the Catholic Bishops’ Conference of the Philippines (CBCP) yesterday denied reports that he approved the plan of the LTFRB to prohibit placing rosaries and other religious items on a vehicle’s dashboard.

CBCP secretary general Fr. Marvin Mejia said he received a call from LTFRB spokesperson Aileen Lizada, but he thought that he was only being consulted. 

“In fact, we are being assured that there would be no prohibition of religious items inside the car as long as it does not impede the driver’s line of sight,” he said.

During the committee hearing, Ako Bicol Rep. Rodel Batocabe also asked Delgra if “having a sexy companion as a passenger distracts driving.”

“It’s not covered by the law,” the LTFRB chief said.

Committee members also inquired if the law disallows the use of navigational applications like Waze.

Delgra said it’s a gray area.

He explained that if the driver does not tinker with the communications device once the application is set, it might not be prohibited.

The law prohibits the use of any gadget as well as the placement of devices that could obstruct the line of sight of the driver. Receiving calls, texting, playing games, surfing the internet and reading e-books are listed as prohibited actions under the law. 

Motorists are also advised to stop and pull over to operate navigational aids such as Waze on their mobile phones or other GPS devices. 

Dashcams should be placed behind the rearview mirror so that the driver’s view would not be obstructed. 

A fine of P5,000 awaits motorists on their first offense, P10,000 for the second offense, P15,000 and three-month suspension of their driver’s license for the third offense and revocation of their license as well as a fine of P20,000 for the succeeding offense. – Romina Cabrera, Marvin Sy, Evelyn Macairan