Hello, I pulled aside

As of last week, the ban on the use of cell phones while driving became law after the publication of the implementing rules and regulations (IRR) of Republic Act 10913 or the Anti-Distracted Driving Act.

I admit that I do use my cell phone while driving when I feel that the phone call is important and I have to answer it ASAP. But, I stay away from texting as much as I can. However, in cases when an immediate answer is needed to a text sent, I normally pull aside, stop the engine, and text away.

New laws make for more diligent law enforcers. Just last week, I was approached by a strict security officer in one of the bigger developments in Taguig who saw me texting while I pulled aside and stopped the engine of my car.

“Ma’am, bawal ang paggamit ng cell phone,” officer informed to me.

“Alam ko,” I replied. “Kaya nga tumabi ako dito para makapag-text ako.”

“Ayon sa bagong batas, bawal ho talaga gumamit ng cell phone. Basta nasa loob kayo ng kotse ninyo,” he replies.

“Kaya nga tumabi ako,” I reasoned out.

Well, as you can see, the conversation went on for a few minutes with the officer insisting that texting inside my car was wrong!

“Kung gusto ninyo, mag-park kayo sa mga parking lots dito, tapos baba kayo ng sasakyan ninyo tsaka kayo gumamit ng cell phone,” he advised.

It was too early in the morning to argue, so I put my cell phone aside and told the officer that I would not answer the text message.

He let me go. “Warning lang po ito. Next week pag ginawa ninyo ulit magmumulta na ho kayo,” he warned.

I thanked him for his kindness and drove away.

Just Wondering

 I know that the new law RA10913 allows for motorists to use their phones provided this is done hands-free.

“They can use headphones. They can use their smartphones without holding it because the law states that drivers should not be distracted in driving even during the stoplight or temporary stop,” Land Transportation Office (LTO) executive director Romeo Vera Cruz said in a radio interview.

Vera Cruz warned that texting while driving is strictly prohibited.

Any driver knows that texting while driving is a big no-no. But, I wondered if it’s also a violation if a driver pulls aside to answer a text.

I think not!

And then there is Waze.

I’m also aware that the LTO will soon regulate the use of Waze, a community-based traffic and navigation application widely used in the Philippines, while driving even if motorists use them for navigation purposes or to search for alternate routes when they are caught in the middle of heavy traffic.

“If they are using Waze, the device should not be positioned in a way that distracts the driver,” LTO Law Enforcement Service director Francis Ray Almora said in the same radio interview.

But just to set the record straight, RA 10913 defines “distracted driving” as “performance by motorists or drivers in a running motor vehicle or even temporarily stopped at the red light.”

Under Section 5 of the new law, using smartphones or other gadgets is not considered to be distracted driving “if done using the aid of a hands-free function or similar device... provided that the placement of the mobile communication device or hands-free device does not interfere with the line of sight of the driver.”

The law, however, also exempts motorists using a cell phone to make an emergency call to a law enforcement agency, health care provider, fire department and other similar agencies and emergency services.

So, if a driver needs to use a cell phone while inside the car – the law is clear on this – motorists should park their vehicles if they have to use their phones and other gadgets.

The law’s IRR defines “distracted driving” as “the use of mobile communication to make or receive calls and write or send messages and other similar acts while the vehicle is in motion.”

 Motorists who will be caught violating the law shall be fined P5,000 for the first offense; P10,000 for the second offense; P15,000 and suspension of driver’s license for three months for the third offense; and P20,000 fine and revocation of driver’s license for the fourth offense.

The law states that the Metropolitan Manila Development Authority (MMDA), the Philippine National Police (PNP) and other concerned government agencies shall assist the LTO in the law’s effective implementation.

There are all sorts of drivers out there but I believe that most of drivers follow the law and prefer to keep safe when they are behind the wheel.

It is my wish that traffic enforcers be given a copy of RA 10913 and its IRR so they know exactly what the law states.

And, if you really need to use the cell phone, pull aside.

Let’s do our share in keeping the streets safe. This goes for drivers and law enforcers, too.