Anti-drunk and anti-drug driving law now in effect

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.