Texting while driving is a multi-tasking skill many people on the go have learned to acquire. However, a few seconds of distraction can cause road accident. Republic Act No. 10913 or the Act Defining and Penalizing Distracted Driving will put a lid on the injurious and sometimes deadly effects of vehicular accidents due to the unrestrained use of mobile devices.
Sec. 5. Extent of Coverage
a) The operation of a 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 communication device: Provided, that the place 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, "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.
c) 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 the side of the road in compliance with a traffic regulation.
Sec. 6. Exemptions
The provisions of this Act shall not apply to the following:
a)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
b)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.
Penalties
Those who are found guilty of violating any provision of this Act will be penalized a fine of five thousand pesos (P5,000.00)for the first offense; ten thousand pesos (P10,000.00) for the second offense; 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.
