Using a Phone While Driving: The Anti-Distracted Driving Act

Section 4 defines distracted driving as doing any of these acts while in a motor vehicle "in motion or temporarily stopped at a red light":

• Using a mobile phone or similar device to write, send or read a text-based message, or to make or receive calls, "and other similar acts".
• 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".

The law applies to public, private and diplomatic vehicles alike. A "motorist" is simply a person driving a motor vehicle (Section 3(g)).

Section 3(f) defines motor vehicles as engine-driven vehicles "such as, but not limited to, automobiles, trucks, vans, buses, jeeps, motorcycles and tricycles".

Section 5(b) goes further. Tractors and construction equipment, and also bicycles, pedicabs, habal-habal, trolleys, kuliglig, wagons, carts and similar conveyances, whether animal or human-powered, are covered when they are driven on public roads or "where public safety is under consideration".

Yes. Section 5(a) says using a phone "using the aid of a hands-free function or similar device", such as a speaker phone, earphones or a microphone, is not distracted driving. There is one condition: the phone or the hands-free device must be placed so that it does not interfere with the driver's line of sight.

The law does not list navigation apps by name. The implementing rules of RA 10913 were not found on the Supreme Court E-Library, so this page does not say how they treat phones mounted on the dashboard or map apps.

Section 5(c) says the Act does not apply to vehicles that are not in motion. Two situations stay covered:

• a vehicle stopped momentarily at a red light; and
• a vehicle pulled over to the side of the road in compliance with a traffic regulation.

So texting while waiting at a red light is covered, but the Act's words leave out a car that is properly parked. No court ruling on a voluntary roadside stop was found, so this page only reports the text of the law.

Section 6 lists two exemptions:

1. A motorist using a phone for emergency purposes, including an emergency call to the police, a health care provider, the fire department or other emergency services.
2. A motorist using a phone while driving an emergency vehicle, such as an ambulance or a fire truck, in the course of his or her duties.

Section 8 of RA 10913 sets these penalties:

Item (d) as printed on the E-Library does not say "fourth offense". It follows the third offense in the list, so it is read as the penalty after the third offense.

Section 8 also lets the implementing agency raise the fines once every five years, by not more than 10% of the existing rates, after publication in at least two newspapers. This page did not find any notice that this was done. These penalties apply "without prejudice" to liability under the Revised Penal Code or other laws: if a distracted driver causes an accident, a reckless imprudence case can also follow.

Distracted driving also carries demerit points under the IRR of RA 10930: a light violation (1 point) for the first offense, less grave (3 points) for the second, and grave (5 points) for the third and later offenses. See LTO demerit points.

Yes, for the fine. Section 9 says the owner or operator of the vehicle is "directly and principally held liable together with the offender for the fine", unless the owner proves that he or she exercised "extraordinary diligence" in selecting and supervising drivers, in general and the offending driver in particular.

Section 9 says this rule mainly applies to owners and operators of public utility and commercial vehicles, such as delivery vans, cargo trucks, school and company buses, hotel transports, rent-a-cars and taxis.

Section 10 names the Metro Manila Development Authority (MMDA), the Philippine National Police (PNP) and other government agencies, assisting the Land Transportation Office (LTO). If you want to dispute a ticket, see How to contest a traffic ticket.

These are made-up examples to show how the rules work. They are not advice for any real case.

Nico reads a text message on his phone while his car is stopped at a red light. Section 4 covers a vehicle "temporarily stopped at a red light", so this is distracted driving. For a first offense, the fine is ₱5,000.

Lorna answers a call through earphones while driving, with her phone in her bag. Section 5(a) says hands-free use is not distracted driving, as long as the device does not block her line of sight.

Dario, a jeepney driver, is caught texting while driving passengers. As a public utility vehicle driver, he faces ₱30,000 and a 3-month license suspension (Section 8). The jeepney operator is liable with him for the fine unless the operator proves extraordinary diligence in choosing and supervising drivers (Section 9).

Ellen pulls into a parking space and stops the car before checking a map app. Section 5(c) excludes vehicles that are not in motion, so the Act's text does not cover her.

Most tickets are paid or contested with the agency that issued them. Talk to a lawyer if your license was suspended or revoked, if you are an operator held liable for a driver's fine, or if the incident caused an accident with injuries or damage, since criminal charges may follow.

If you cannot afford a lawyer, see Free legal help in the Philippines.