The Implementing Rules and Regulations (IRR) of Republic Act No. 10586, also known as the Anti-Drunk and Drugged Act of 2013 is expected to be released soon.
LTO-6 Regional Director Dennis Singson said that an IRR is necessary to carry out the provision of the law stating its operational mechanics.
Singson said that Department of Transportation and Communication (DOTC), Department of Health (DOH), the National Police Commission (NAPOLCOM), the Philippine Drug Enforcement Agency (PDEA), the Department of Trade and Industry (DTI) and the Philippine National Police (PNP) are tasked to jointly prepare the implementing rules and regulations of RA 10586 in the next three months.
Under RA 10586, there is no more mandatory drug testing when one applies for or renews a drivers’ license.
Drug testing will only be conducted for those driving under the influence of alcohol, dangerous drugs and/or other similar substances (DUI) as determined by law enforcement authorities based on apparent indications and manifestations including overspeeding, weaving, lane straddling, sudden stops, swerving, poor coordination or the evident smell of alcohol in a person’s breath.
RA 10586 also states that if the driver fails in the sobriety tests, it shall be the duty of the law enforcement officer to implement the mandatory determination of the driver’s blood alcohol concentration level through the use of a breath analyzer or similar measuring instrument.
The law also provides mandatory tests for drivers involved in vehicular accidents to determine if they are under the influence of alcohol or drugs. Such cases allow for a more effective way of apprehending motorists under the influence of drugs and alcohol,
The law also states that those who refuse to undergo tests would be charged and fined accordingly.
Law enforcement officers including the PNP and those deputized local traffic enforcement officers by the LTO shall be responsible in enforcing the new law.
Penalties for DUI range from three months imprisonment and a fine of P20,000 to perpetual revocation of the driver’s license, a fine of P500,000 and longer prison term.
In an earlier press statement, Senate Majority Leader Vicente Sotto III, principal author of RA 10586, pointed out that the mandatory drug testing has become a useless and ineffective requirement for license applicants.
Sotto said that the data from the Department of Health (DOH) and the Dangerous Drugs Board showed that out of millions, only 0.06 percent tested positive in the drug tests conducted by the LTO from 2002 to 2010.
Sotto also said that the figure shows that users tend to abstain from drugs for several weeks before they renew their driver’s license.--Source: Philippine Information Agency