Republic of the Philippines Congress of the Philippines Metro Manila Sixteenth Congress Third Regular Session Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand fifteen.
AN ACT DEFINING AND PENALIZING DISTRACTED DRIVING Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
While the State recognizes the vital roles 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.
Diplomatic motor vehicle — any motor vehicle leased or owned by a foreign mission and its staff for their official use;
Electronic entertainment and computing device — 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 — 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 subsidiaries for official use;
Implementing agency — the Department of Transportation and Communications-Land Transportation Office (DOTC-LTO);
Mobile communications devices — electronic communications equipment such as, but not limited to, cellular phones, wireless telephones, two-way 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 — engine-driven vehicles such as, but not limited to, automobiles, trucks, vans, buses, jeeps, motorcycles and tricycles;
Motorist — a person driving a motor vehicle;
Private motor vehicle — any motor vehicle owned by individuals and juridical persons for private use; and
Public motor vehicle — a motor vehicle with a valid franchise issued by the appropriate government agency to operate as a public utility vehicle or any vehicle for hire.
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:
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
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.
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.
The provisions of this Act shall not apply to motorists of motor vehicles which are not in motion, except those which are stopped momentarily at a red light, or are pulled over to the side of the road in compliance with a traffic regulation.
A motorist using a mobile phone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services, agency or entity; and
A motorist using a mobile phone while operating an emergency vehicle such as an ambulance, a fire truck, and other vehicles providing emergency assistance, in the course and scope of his or her duties.
A fine of five thousand pesos (P5,000.00) for the first offense;
A fine of ten thousand pesos (P10,000.00) 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
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. 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.
This section shall principally apply to the owners and/or operators of public utility vehicles and commercial vehicles such as delivery vans, cargo trucks, container trucks, school and company buses, hotel transports, cars or vans for rent, taxi cabs, and the like.
Approved, FELICIANO BELMONTE JR. Speaker of the House of Representatives FRANKLIN M. DRILON President of the Senate This Act was passed by the Senate of the Philippines as Senate Bill No. 3211 on May 30, 2016 and adopted by the House of Representatives as an amendment to House Bill No. 4531 on June 6, 2016. MARILYN B. BARUA-YAP Secretary General House of Representatives OSCAR G. YABES Secretary of the Senate Approved: BENIGNO S. AQUINO III President of the Philippines Lapsed into law on JUL 21 2016 Without the signature of the President In accordance with Article VI, Section 27 (1) of the Constitution.