Driving? DoJ hands out advice

The Department of Justice (DoJ) on Friday issued a public advisory to motorists on road safety and reminded them of the legal consequences of reckless driving.

“We have advisories on timely and relevant concerns every month. This time it’s on reckless driving so we tried to craft it in layman’s language for easy comprehension, so that they (the people) will know their rights, so they’ll know what to avoid,” Justice Secretary Leila de Lima said in a press conference.

The advisory will be available on the DoJ’s website in the next few days, De Lima said.

She said the essence of reckless driving is operating a motor vehicle “without reasonable caution,” considering the state of the road and weather so as to endanger the property, safety and rights of others, or cause excessive or unreasonable damage to the roadway.

“In a nutshell, every time a person operates a motor vehicle in violation of traffic rules, at the risk of harming others, and with less than the full attention, focus and skill required of every driver, he is driving recklessly,” De Lima said.

The types of reckless driving under the law are speeding, drunk driving and distracted driving. De Lima said they “need not result in damage, injuries or even death for them to be punishable.”

Driving under the influence

For drunk driving, De Lima said Republic Act No. 4136, or the Land Transportation and Traffic Code, provides that the mere act of driving a motor vehicle while intoxicated, even without causing harm, “already qualifies as reckless driving because a drunk driver operates his motor vehicle in such a manner as to endanger property and persons on the road.”

Current national law does not state allowable intoxication levels, but De Lima said that local governments, such as the cities of Makati and Navotas, have ordinances that say a driver is drunk under the law if he registers a blood alcohol level of 0.06 percent within one hour of apprehension.

Distracted driving, on the other hand, is operating a motor vehicle inattentively while doing other activities. These may include conversing with another person in the vehicle or on the phone; retrieving objects from the floor or dashboard; eating and drinking; adjusting the car radio; and using gadgets such as mobile phones, laptops, music earphones and GPS-enabled devices.

There is also no national law on distracted driving, according to De Lima. In Sagada, Benguet, and Roxas City, however, texting or calling while driving is banned, she said.

The secretary reminded motorists that when they cause injuries or damage on the road, they have a duty to help the victims. Otherwise, they would be liable for the crime of “abandonment of one’s own victim” which is punished under Article 275 of the Revised Penal Code.

“Failure to assist one’s own victim is excused only when the driver is in imminent danger of being seriously harmed by reason of the accident, or he reports the incident to the nearest officer of the law, or he summons a physician or nurse,” De Lima said.

Observance and vigilance

She said that being a responsible driver entails observing all traffic rules and regulations, “even if you see others violating them and even if there are no traffic enforcers in sight.”

She said that while certain roads were regarded as “killer highways, the public should be reminded that what makes a killer highway is the lack of cautiousness and discipline of motorists plying them.”

De Lima said vigilance was the best defense on the road.

“In the unfortunate event of an encounter with a reckless driver, your best protection is your presence of mind. Be on the lookout for drivers showing signs of recklessness, especially intoxication and inattentiveness, and immediately report them to enforcers,” she said.

Passengers of public utility vehicles should not be afraid to speak out and remind the driver to observe traffic rules, especially on speeding, if the driver is being reckless, she said.