Ingenious use of phone is not an excuse to violate the law -- LTO

By Yas D. Ocampo

DAVAO CITY -- Nope, cellular phones inserted in between the face and helmet are not considered "hands free," according to the Land Transportation Office.

Eleanor Calderon, chief of operations at the LTO Region 11, told traffic enforcers attending a seminar on the implementation of Republic Act 10913 or the Anti-Distracted Driving Act (ADDA) that motorcycle riders may not use the ingenious use of the phone as an excuse to violate the law.

The ADDA caused a firestorm of criticism and confusion among motorists nationwide when an earlier release of implementing rules and regulations included navigation apps and dash cams among the prohibited items.

In an interview, City Transport and Traffic Management Office (CTTMO) head Dionisio Abude said he has instructed his enforcers to pull over if there are official calls made through their cellular phones or radios.

"Mahirap kasi kung nakikita tayo ng mga tao bilang violators (It’s difficult for us to be seen as violators),," Abude said. "In the eyes of the public, we should set the example.

The law only allows the use of cellular phones while driving when the calls are taken by using hands-free functions such as speaker phones, microphones, and other similar devices.

Technically, traffic enforcers should not be among those covered by the law, since these are done in the conduct of their job.

However, Abude said the CTTMO is aware of the image they would project to the public.

Meanwhile, Calderon clarified to the enforcers that devices such as dash cameras are not covered by the ADDA.

"But for safety purposes, the dash cams should be placed behind the rear-view mirror," Calderon said.

Violators of the law would be slapped with penalties ranging from P5,000 for the first offense, P10,000 for the second offense, and P15,000 for the third offense with a three-month suspension of their driver's licenses.

Violations incurred beyond the third offense would be slapped with a fine of P20,000 and a revocation of their driver's license.

What's more, motorists including public utility vehicles such as jeepneys and buses, may not violate the ADDA within 50 meters from school premises.

The penalties would be higher at P30,000 and a suspension of the driver's license for three months.

Motorists may not use their phones even during a stop light.