PATI BA NAMAN ROSARYO AT KAPE? | Motorists, lawmakers question enforcement of Anti-Distracted Driving Law

May 23, 2017 - 4:54 PM
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Reuters file photos

MANILA, Philippines – The law that seeks to address driving distractions has become a source of confusion among Filipino motorists since its enforcement last May 18.

One netizen complained that a traffic enforcer had intercepted and accused him of violating Republic Act 10913 or the Anti-Distracted Driving Law even though his gadget holder was placed on the car’s center console and not above the vehicle’s dashboard that could obstruct his line of sight.

The Department of Transportation (DOTr) earlier clarified that a cellphone mount or gadget holder could be used by a driver as long as it won’t obstruct his or her view and this could be done by placing the holder near the gauges or center console.

Cab driver Joelito Clemente is also at a loss. Where can he now place his back-to-back identification card, which before was required by the Land Transportation Franchising and Regulatory Board (LTFRB) to be hanged in the rear-view mirror of taxi units?

Wala na kaming sinabit dahil bawal, tinago na namin. Paano kami makikilala no’ng mga sakay namin? [We no longer hang IDs because these are now prohibited so we just hide them. How can passengers know us without those IDs?]

In 2014, the LTFRB issued a memorandum mandating taxi operators to issue the back-to-back IDs to their drivers that should be displayed in the rear-view mirror of cabs, otherwise, they would face penalties.

Another, motorist, Mark Lucas, complained that enforcers had also disallowed the hanging of rosaries under rear-view mirrors. Many Filipino Catholic drivers like Lucas touch rosaries or other small religious items when they pray for a safe journey or when they pass by churches.

Gabay din sa pagmamaneho ‘yan. Maliit lang naman ‘yan eh. Kapiraso lang [That’s also a guide to driving. It’s just small],” said Lucas.

But according to LTFRB board member Aileen Lizada, hanging of rosaries is still allowed as long as these are placed properly inside the vehicle.

Kung nakasabit sa rear-view mirror ‘yong inyong rosaryo, ipulupot n’yo nalang para hindi masyadong mahaba ang nakasabit at hindi nakaharang sa inyong line of sight o di kaya ilipat n’yo sa kambyo o kahit saan dito sa baba ng dashboard,” said Lizada.

[If the rosary hangs in your rear-view mirror, just twist it shorter so it won’t obstruct your line of sight or you can transfer it to the gearshift or anywhere below the dashboard.]

The implementation of R.A. 10913 also resulted in the strict enforcement of earlier orders of the LTFRB and the Land Transportation Office such as Joint Administrative Order 2014-01 that prohibits the use of accessories, devices, and equipment that block the field of view of the driver.

Under the said order, a motorist caught drinking coffee or applying make-up while on the road will be fined with at least P2,000.

Driver “Jun” said the prohibition on drinking coffee was unfair because many motorists need to take the stimulant especially when they drive in the morning.

Ang problema ‘yong kape. Dapat di pinagbawal ‘yan. Importante yan sa umaga eh. Pampagising ng driver ‘yan. Lalo na mga biyahero.”

But authorities said that if a driver feels sleepy, it’s better for him or her to stop at a safe place and then drink coffee or take a nap.

Senators Vicente “Tito” Sotto and Joseph Victor “JV” Ejercito have called for the suspension of Anti-Distracted Driving Act, citing unclear provisions in its Implementing Rules and Regulations.

“We really have to find out what do they mean by line of sight, like for example-in my case, Idrive my car with a heads-up display, so what do they want me to do now, to tell the car manufacturer to remove my windshield?” Sotto said on Monday.

“Looks like their (DOTr) officials did not understand the essence of the Anti-Distracted Driving Act. They have made matters complicated, when it is basically just about banning the use of cellphones while driving,” Ejercito said the same day.

On Tuesday, Ejercito said he had filed a Senate resolution seeking the suspension of the law’s implementing rules and regulations.

READ RELATED STORY: Distracted drivers or implementors? ‘OA’ Agencies hit for over-stretching ADDA law, IRR review sought

Massive info campaign needed

The House Committee on Transportation on Tuesday also agreed to proposals to temporarily halt the law’s implementation and called for a massive campaign to inform the public on the new measure.

Catanduanes Rep. Cesar Sarmiento, chairperson of the committee, said the confusion in its implementation was a result of the lack of public knowledge on the nitty-gritty of the law.

“There was a confusion because… there was no massive education and information campaign to avoid confusion. Now, the discussion, the sense of the House is this massive education and information campaign should first be conducted before the law is implemented fully,” he said.

Sarmiento said the provision of the law was clear that there should be an information and education campaign for a period of six months from the effectivity of the law.

“Now, since the implementing agencies failed to do that, I think it would be unfair for the public to be apprehended over a law that they do not understand,” he said.

The lawmaker said that transportation agencies should thoroughly assess the first few weeks of implementation to see that there was confusion among the drivers of vehicles.