House of Representatives. INQUIRER FILE PHOTO
MANILA, Philippines — Following a recent accident involving an underbone motorcycle rider and an Asian utility vehicle (AUV) along Skyway Stage 3, a lawmaker has filed a bill that would promote responsible driving and ensure that extracting accountability would be fair and correct.
4Ps party-list Rep. JC Abalos on Tuesday filed House Bill (HB) No. 10123 or the proposed Philippine Responsible Driving and Accountability Act — days after the motorcycle rider who did a counterflow on Skyway Stage 3’s northbound lane died.
According to Abalos, he filed HB No. 10123 because there have been cases like this where motorists, even if they have followed traffic rules and regulations, are penalized because the opposing side sustained more injuries or loss of life.
“Historically, there have been cases where drivers were blamed – worse, even put behind bars – despite evidence showing the ones at fault were the other motorists or pedestrians,” Abalos said in a statement.
Footage from closed circuit television and dashboard cameras showed that the AUV was moving along the northbound lane of the Skyway Stage 3’s portion near Balintawak-Edsa — en route to the North Luzon Expressway’s Balintawak Toll Plaza — when a speeding motorcycle emerged from the curve, hitting the AUV.
Graphic videos show the rider being tossed into the air due to the impact. Reports stated that the rider was being followed by expressway authorities, but he sped away from them.
However, Abalos noted that despite the AUV driver being innocent, current laws indicate that charges can be filed against him — just because the motorcycle rider died.
“There were also reports that the motorcycle rider was inebriated, overspeeding, and was not wearing proper riding gear as mandated by law. Nevertheless, a complaint was filed against the AUV driver by the Highway Patrol Group,” Abalos said in HB No. 10123’s explanatory note.
READ: Skyway accident raises anew concerns over safety standards
“Under the current law, the AUV driver is likely to be detained until he can post bail due to the death of the motorcycle rider, despite overwhelming evidence showing his innocence. With the passage of this bill, fairness of current laws is achieved to encourage responsible and accountable road users to reduce road accidents,” he added.
If the bill is enacted, several terminologies like ‘dangerous driving’, ‘reckless driving’, ‘suicidal driving’, ‘careless driving’, and ‘impaired driving’ would be defined so that law enforcers can categorize road incidents.
HB No. 10123 also lists the following as aggravating circumstances in driving violations:
- driving a stolen vehicle
- driving without a proper driver’s license
- possession of or driving under the influence of illegal drugs
- driving while intoxicated
- possession of firearms, explosives, and other weapons
- carrying dangerous cargo such as combustible materials and chemicals
The following, meanwhile, are considered mitigating circumstances:
- fast driving due to a medical emergency to rush to a hospital or other medical facility for immediate care
- pursuit of a suspect in crime who is fleeing or has just fled from the scene of the crime
- rushing home or to the workplace because of a fire or other disaster
- serious to gross defects in the design and construction of roads and bridges, and of traffic signs and warnings
It also indicates when a motorist would be liable or not for road accidents.
“This bill is a crucial step towards achieving a fair and just legal process for drivers who find themselves falsely accused in road accidents,” Abalos said.
“We want to encourage responsible and accountable road use,” he added