Thursday, September 20, 2007
Bill - Hon. Karla Elaine L. Katigbak
Republic of the Philippines
3rd Youth Congress
Baguio City
First Regular Session
House Bill No. _____
Introduced by Rep. Karla Elaine L. Katigbak
Explanatory Note
This bill seeks to add and establish rules that can lessen the numbers or the cases of reckless driving.
Many said that “Filipino drivers are the most skilled in the world and one of the most reckless”. Data from the 2006 Philippine Statistical Yearbook shows that accidents are the top 5 causes of mortality in the Philippines. These accidents are preventable and yet not prevented. The country’s existing laws regarding reckless driving still not enough to control accidents from happening. This is the reason why this bill is needed to prevent accidents from happening by implementing stiffer penalties for reckless driving especially those resulted to death.
The approval of this bill into a law at the earliest possible time is our paramount concern.
Karla Elaine L. Katigbak
Republic of the Philippines
3rd Youth Congress
Baguio City
First Regular Session
House Bill No. _____
Introduced by Rep. Karla Elaine L. Katigbak
AN ACT ESTABLISHING A POINT SYSTEM DEFINING THE RECKLESS DRIVING PROVIDING FOR, SURRENDER / REVOCATION OF LICENSE, FINE FOR DAMAGE TO PROPERTY, SPECIFYING COMMUNITY SERVICE AND MANDATORY ATTENDANCE CHARGED WITH RECKLESS DRIVING AND STATING THE PENALTIES THEREFORE, AND FOR OTHER PURPOSES.
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. This act shall be known as the “New Drivers Act” of 2007.
Section 2. The crime of reckless driving is hereby defined as any person who drives any vehicle carelessly and heedlessly in willful or wanton disregard for the rights or safety of persons or property or without due caution and circumspection and at a speed in a manner so as to endanger or to be likely to endanger any person or property, shall be guilty of reckless driving. Point system is one in which issues demerits, or points to drivers on conviction for road traffic offence. Lawfully conducted automobile, motorcycle or other motor vehicle racing or exhibition events are not subject to the provisions of this section. Racing vehicle on highways, no person or persons may race any motor vehicle or motor vehicles upon any public highway of this state. Any person or persons who willfully compare or contest relative speeds by operation of one or more motor vehicles shall be guilty of racing, which shall constitute reckless driving. Whether or not such speed is in excess of the maximum speed prescribed by law: PROVIDED HOWEVER, that any comparison or contest of the accuracy with which motor vehicles maybe operated in terms of relative speeds not in excess of the posted maximum speed does not constitute racing.
Section 3. In addition to the requirement, these are the punishment for the following violation:
a. Wet Reckless or Reckless driving involving alcohol. This section allows police officers to stop any drivers and perform a random breath test without reason. If the blood alcohol concentration of greater than 80 milligram of alcohol in 10 millimeters of blood is considered Wet Reckless. Jail is the punishment for the first time Wet Reckless and driving offences. On pronouncement of a jail sentences under this section, and after the court receives confirmation that the person is employed or is a student, the court may provide in the sentence that if the defendant is employed or is a student the defendant can continue employment or schooling for not more than 12 hrs. per day nor more than 5 days per week. The defendant shall spend the remaining days or parts of days in jail until the sentence is served and shall be allowed out of jail only long enough to complete the defendant’s actual hours of employment or schooling.
b. The fine for damage to property is the punishment not only to permanent or temporary physical harm, but also permanent or temporary impairment of value or usefulness. A 25 % increase shall be added to the total sum of the damage to property.
c. Hit and run, driving under the influence of drugs or alcohol is punishable by revoking of license after the conviction.
Section 4. Moreover, one of the additional rules is the “point system”. A major offence may lead to more than maximum allowed points being issued, but more typically, the accumulation of too many points over a given period or time can lead to additional penalties, including fines and suspension or revocation of the driver’s license. The purpose of this is to identify and deter repeat offenders of traffic laws. Major traffic offences, may or may not be handled with in the point system. If the driver looses 20 or more pts, the driving license is no more valid. The offences under this section is the speeding or disobeying traffic signals are assigned a certain no. of points, and when a driver is determined to be guilty of a particular offense by whatever means appropriate in the region’s legal system, the corresponding points are added to the driver’s total. When the driver’s total exceeds a certain threshold, the driver may face additional penalties, be required to attend safety classes or driver’s training, be subject to re-examination or lose his/her driving privileges. The threshold to determine additional penalties may vary based on the driver’s experience level, prior driving record, age, educational level attained, and other factors.
Section 5. It shall be the duty of the Land Transportation Office of the Department of Transportation and Communication, in consultation with the other stakeholders, to promulgate the necessary implementing rules and regulation for the proper implementation of this Act.
Section 6. The amount necessary for the initial implementation of this act, shall be charged against the current year’s appropriation of the DOTC. Thereafter, such sums as maybe necessary for its continued implementation shall be included in the annual general appropriations act.
Section 7. If any provision of this act is declared invalid or unconstitutional the other provisions not so declared shall remain in force and effects.
Section 8. All laws, decrees, orders, rules and regulation or parts thereof inconsistent with this act are hereby repealed or modified accordingly.
Section 9. This Act shall take effect fifteen (15) days from its publication in at least two newspapers of general circulation in the Philippines.
Approved,Labels: justice
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