Drug tests for drivers questioned

Transport groups will question the constitutionality of the government’s drug testing program for motorists, saying its implementing guidelines are "flawed."

Rod Domingo, lawyer of the Philippine Confederation of Drivers Organizations-Alliance of Concerned Transport Organizations (PCDO-ACTO), said Monday that they "doubt the validity" of the program.

"There are a lot of flaws. This is a sensitive program so that government must exercise caution in pursuing its implementation," he noted in a telephone interview.

Domingo added that aside from PCDO-ACTO, other transport groups have approached him about their opposition to the program.

"We’ll file a class suit to ask the court to suspend the implementation of this program while the issue of its constitutionality is being discussed," he said.

The Land Transportation Office (LTO) started implementing the program Monday to minimize drug-related accidents. The scheme was provided for in Republic Act 4236 or the Land Transportation and Traffic Code.

Under the program, those renewing or applying for professional and non-professional driver’s licenses must undergo drug tests.

But according to Domingo, the program violates human rights. "One cannot be forced to do something against his will, much more undergo a drug examination."

Domingo warned that the program might only end up a milking cow for unscrupulous people if the government will not iron out its implementing guidelines.

He added that the program would not serve its purpose considering that driver’s license is renewed every three years.

"This means that if you are not about to apply for a new license, you can take drugs. The traces of drugs in the body easily wane also so one can avoid the substance if he is scheduled to undergo (a) drug test," Domingo maintained.

Meanwhile, expenses for the mandatory drug test the Arroyo administration wants drivers to take should be shouldered by the government, the Kilusang Mayo Uno (KMU) said.

In a statement, the KMU said "drivers could not afford to pay P300 for a single drug test." They said the test is too expensive, and it is even as much as their total earnings for a single day.

Sammy Malunes, KMU spokesperson, said the organization’s affiliated drivers’ organization Pinag-isang Samahan ng mga Jeepney Drivers at Operators Nationwide (PISTON) said that this drug testing scheme should not be used against militant drivers and operators associations who protest rerouting schemes and constant oil price hikes. – Sheila Crisostomo and Sandy Araneta