The short answer is: Yes. Drivers in the Philippines can use their mobile phones while driving, but only if they use hands-free devices that do not obstruct their view or distract them. If you are using your mobile phone with your hand while driving, it is prohibited!
This regulation is mandated by Republic Act 10913, also known as the Anti-Distracted Driving Act (ADDA), to enhance road safety and reduce road accidents caused by distracted driving. Exceptions are also made for emergency calls to authorities, such as the police, fire department, or medical services.
Failure to follow these guidelines may result in severe penalties, including fines and revocation of the driver’s license. The law’s enforcement is carried out by agencies like the LTO, PNP, and MMDA, ensuring compliance to keep roads safe. Understanding and following these rules helps avoid fines, prevent accidents, and protect all road users. In this guide, we looked into the difference between illegal and permissible use of mobile phones while driving as well as the penalties and consequences of violating the ADDA (RA 10913).
Mobile Phones and Distracted Driving: RA 10913
Mobile phones are handheld electronic devices used for communication, internet access, and entertainment. Distracted driving, on the other hand, is defined as the type of driving that occurs when a driver engages in activities that divert their attention from driving, which then increases the risk of accidents. According to RA 10913, distracted driving usually occurs when a driver uses mobile devices of any kind for calls, texting, internet browsing, or other similar activities while the vehicle is in motion or temporarily stopped, like when stopped at a red light.
Using a mobile phone while driving is also considered distracted driving if it involves holding the phone to make or receive calls, send messages, browse the internet, or engage in other similar tasks. Such actions divert the driver’s attention and can lead to collisions and severe penalties, including fines and license suspension. However, the law is also clear that it is permissible to use mobile phones with hands-free devices or in emergency situations, so long as the driver’s attention remains on the road.
When is Using a Mobile Phone Allowed While Driving?
Using a mobile phone while driving is generally prohibited by law under the Anti-Distracted Driving Act (ADDA) or Republic Act No. 10913. However, the same law also allows specific exceptions to ensure safety and practical communication needs by drivers and other road users are met. These exceptions help drivers stay connected without compromising road safety.
Here are some situations when using a mobile phone is allowed while driving:
1. Hands-Free Devices
Under the provisions of the ADDA, Drivers can use mobile phones with hands-free devices like speakerphones, earphones, or microphones. This means drivers can use devices like speakerphones, earphones, or similar gadgets as long as they do not need to hold the phone or obstruct their line of sight. For instance, navigation apps can be used if the device is positioned safely and does not distract the driver. This also allows drivers to make or receive calls without holding the phone.
2. Emergency Situations
Motorists can use mobile phones to contact emergency services such as law enforcement, healthcare providers, fire departments, or other emergency agencies. It is okay to make a call while driving if you are reporting a crime, accident, or fire, or when immediate medical attention is needed. This ensures that drivers can seek immediate assistance during urgent situations. Such use is permitted to safeguard the driver and others in emergencies.
3. Stopped Vehicles
The provisions of the Act do not apply to vehicles that are not in motion, except when stopped at a red light. This means that drivers can use their mobile phones when their vehicle is safely pulled over to the side of the road. This allows necessary communication without violating the law.
These permissible use of mobile devices ensure that drivers can maintain essential communication without endangering themselves or others on the road.
Prohibited Activities Under the Anti-Distracted Driving Act
Under the Anti-Distracted Driving Act (Republic Act No. 10913) in the Philippines, specific activities involving the use of mobile phones while driving are prohibited to enhance road safety and reduce accidents.
Here’s a list of all prohibited activities using Mobile phones while driving:
- Writing, sending, or reading text-based communications.
- Making or receiving calls without a hands-free device.
- Playing games on electronic entertainment or computing devices.
- Watching movies or videos on mobile devices.
- Surfing the internet using a mobile phone or electronic device.
- Composing messages or emails on any mobile device.
- Reading e-books while driving.
- Performing calculations using a mobile device.
These activities are considered distracted driving and are penalized under RA 10913 to ensure drivers maintain focus on the road, thereby reducing the risk of accidents. Doing any of these means violating the law, which can result in severe penalties, including fines and license suspension.
Penalties for Violations
Violating the Anti-Distracted Driving Act (RA 10913) carries significant penalties such as:
- First Offense: ₱5,000 fine
- Second Offense: ₱10,000 fine
- Third Offense: ₱15,000 fine and a three-month suspension of the driver’s license
- Fourth and Subsequent Offenses: ₱20,000 fine and revocation of the driver’s license
Enforcement and Apprehension
Several bodies of authority are involved in implementing this law, and these includes the following:
- Land Transportation Office (LTO)
- Philippine National Police (PNP)
- Metropolitan Manila Development Authority (MMDA)
- Philippine National Police – Highway Patrol Group (PNP-HPG)
- Local Government Units (LGUs)
Video: How to Position Your Mobile Device Properly According to RA 10913
To learn about how to properly position your mobile device for use while driving, you may watch Joan Nano demonstrate this in this video from UNTV News and Rescue:
Summary
The Anti-Distracted Driving Act (ADDA) is in place to protect the safety of all road users. By observing these regulations, drivers can significantly reduce the risk of accidents and contribute to a safer driving environment. So, if you are a driver, remember: If you need to use your mobile phone while driving, opt for the hands-free options and keep your attention on the road to avoid accidents and apprehensions. Or, just pull over and make that oh-so-important call, if you can’t wait.