Anti-drunk and anti-drug driving law now in effect
>> Tuesday, October 1, 2013
By March L. Fianza
Watering
hole regulars and party-goers watch out! PNoy, a party-goer himself and a
sports car buff finally signed RA 10586, an act penalizing persons driving
under the influence of alcohol, dangerous drugs and similar substances.
The law that was introduced by the former President, now Pampanga
Representative Gloria M. Arroyo, took effect last week of August or three
months after it was signed on May 27, 2013 by President Aquino.
Atty. Roberto B. Basco, Assistant Regional Director for Administration
of the Department of Transportation and Communication in the Cordillera
(DOTC-Cordillera) however, said the law will have its implementing rules and
regulations (IRR) within the month since this is being finalized by the DOTC in
cooperation with the Department of Health (DOH) and the National Police
Commission (Napolcom).
Under its salient provisions, the RA 10586 stipulates penalties ranging
from a fine of P20,000 to P80,000 and imprisonment for three months for
violations that did not result to physical injuries or homicide.
For violations of the law that resulted to physical injuries, the
penalty imposed under Article 263 of the Revised Penal Code (RPC) that shall be
applied is Arresto Mayor to Prision Mayor (one day to 30 days – six years and
one day to 12 years imprisonment), plus a fine ranging from P100,000 to
P200,000.
If the violation resulted in homicide, the penalty provided under Article
249 of the RPC is Reclusion Temporal or 12 years and one day to 20 years, and a
fine of P300,000 to P500,000.
Atty. Basco, a former police investigator in Baguio City said that the
law also calls for the confiscation, suspension and revocation of driver
licenses, depending on the seriousness of the offense.
“Penalties under the anti-drunk and drug-driving law are severe because
even the operator or owner of the motor vehicle who is not the direct offender
is also liable for fines and civil damages. In this case, the motor vehicles
involved are taxi cabs, delivery vans and hotel transports, cargo and container
trucks, school and company buses, vans for hire and the like,” he said.
Drivers caught in violation of the law would be subjected to field
sobriety tests such as the horizontal gaze nystagmus (walk a straight line with
spread arms), the walk and turn, and the 30-sec. one-leg stand where, failure
in these tests would place the driver in a mandatory determination of blood
alcohol concentration level through a breathe analyzer, and a drug test.
Meanwhile, the DOTC-Cordillera through the office of the ARD for
Administration has issued an order requiring registration applicants to issue a
duly notarized Special Power of Attorney attached to a government-issued ID if
they choose to register their motor vehicles through a representative.
ARD Basco said the order was issued to keep DOTC employees away from
collaborating with “fixers” who collect exorbitant or additional fees in
exchange for services in processing registration documents.
In another development, the
LTO flying squad teams stationed in several entry-exit points to the city
reported that they have apprehended at least 16 “colorum” or motor vehicles
that were ferrying passengers without the necessary franchises along Marcos,
Kennon, Naguillan, Ambuclao and Halsema roads from August up to their field
operations last week.
The three
teams also caught 315 public utility vehicles due to various offenses.
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