Distracted driving law covers kuliglig drivers

The Anti-Distracted Driving Law declares it as a policy that State safeguard its citizenry from the ruinous and extremely injurious effects of vehicular accidents. While the State recognizes the vital roles of information and communications technology in nation-building, the State also takes cognizance of the inimical consequences of the unrestrained use of electronic mobile devices on road safety as to cause its regulation.

The law makes use of the term "motor vehicle." Section 3 of Republic Act (RA) No. 4136 or the Land Transportation and Traffic Code defines the term, thus: ""Motor Vehicle" shall mean any vehicle propelled by any power other than muscular power using the public highways, but excepting road rollers, trolley cars, street-sweepers, sprinklers, lawn mowers, bulldozers, graders, fork-lifts, amphibian trucks, and cranes if not used on public highways, vehicles which run only on rails or tracks, and tractors, trailers and traction engines of all kinds used exclusively for agricultural purposes. Trailers having any number of wheels, when propelled or intended to be propelled by attachment to a motor vehicle, shall be classified as separate motor vehicle with no power rating."

In the Manila Times, Persida Acosta (2016) wrote an article regarding the application of the Anti-Distracted Driving Law to kuliglig drivers. Kuliglig is a vehicle composed of a two-wheeled trailer pulled by a two-wheeled tractor similar to a rotary tiller. It is powered by multi-purpose diesel or gasoline engine, commonly used in the provinces of the Philippines. The kuliglig traces its etymology from the Filipino term kuliglig, meaning "cicada" (a type of insect) which was adopted by one manufacturer as a brand. SOURCE: Two-wheel tractor. Philippines. From Wikipedia, the free encyclopedia. https://en.wikipedia.org/wiki/Two-wheel_tractor#Philippines

Distracted driving has been defined under Section 4 of Republic Act (RA) No. 10913 as "referring to the performance by a motorist of any of the following acts in a motor vehicle in motion or temporarily stopped at a red light, whether diplomatic, public or private, which are hereby declared unlawful:

(a) Using a mobile communications device to write, send or read a text-based communication or to make or receive calls, and other similar acts; and
(b) Using an electronic entertainment or computing device to play games, watch movies, surf the Internet, compose messages, read e-books, perform calculations and other similar acts."

According to Acosta (2016), the [act] of the kuliglig driver in using his mobile phone while driving falls exactly under the prohibited acts enumerated under Letter A of the above-mentioned provision of law. Kuliglig drivers are covered by the law on Distracted Driving (RA 10913) provided the same are operated through thoroughfares, highways and streets or under circumstances where public safety is under consideration. This finds support under Section 5 (b) of the law which states:

"Wheeled agricultural machineries such as tractors and construction equipment such as graders, rollers, backhoes, pay loaders, cranes, bulldozers, mobile concrete mixers and the like, and other forms of conveyances such as bicycles, pedicabs, habal-habal , trolleys,kuliglig , wagons, carriages, carts, sledges, chariots or the like, whether animal or human-powered, are covered by the provisions of this act as long as the same are operated or driven in public thoroughfares, highways or streets or under circumstances where public safety is under consideration."

The only exemption in order for this kuliglig driver not to be covered by RA 10913 is when this mode of transportation is not driven on public thoroughfares, highways and streets and public safety is not involved.

SOURCE: Persida Acosta (2016). ‘Kuliglig’ drivers covered by Anti-Distracted Driving Law. BY THE MANILA TIMES. NOVEMBER 08, 2016. https://www.manilatimes.net/2016/11/08/legal-advice/dearpao/kuliglig-drivers-covered-anti-distracted-driving-law/295385/

PHOTO ABOVE HOT-LINKED FROM: https://upload.wikimedia.org/wikipedia/commons/2/25/Kuliglig_%281377903540%29.jpg