DOJ defines reckless driving

Manila, Philippines - The Department of Justice (DOJ) issued yesterday an advisory defining reckless driving and warning motorists to refrain from committing actions that fall under its definition.

In her third public advisory, Justice Secretary Leila de Lima reminded motorists that reckless driving – including over-speeding, drunk driving and distracted driving – is punishable under Republic Act 4136.

“There are many road accidents and we have so-called killer highways so we find it necessary to remind the public that reckless driving is a violation that has corresponding penalty under the law,” she said at a press conference.

The DOJ advisory defined reckless driving as “the act of operating a motor vehicle without reasonable caution considering the width, traffic, grades, crossing, curvatures, visibility and other conditions of the highway and the conditions of the atmosphere and weather, or so as to endanger the property or the safety or rights of any person, or so as to cause excessive or unreasonable damage to the highway.”

It explained that the law penalizes such offense with a fine of P1,200 without prejudice to confiscation of the driver’s license. It stressed that reckless driving need not result in other compounding crimes like homicide, physical injuries to damage to properties for it to warrant conviction.

“In a nutshell, every time a person operates a motor vehicle in violation of traffic rules, at the risk of harming others and with less than the full attention, focus and skill required of every driver, he is driving recklessly,” the advisory added. If there is a compounding offense, the Revised Penal Code shall apply, it explained.

Over-speeding is a traffic violation where a driver exceeds the maximum speed limit imposed on a particular road. Authorities had imposed a limit of 60 kilometers per hour along Commonwealth Avenue to curb the frequency of accidents along this road.

Driving under the influence of alcohol or drunk driving is defined as “the act of operating a motor vehicle while in a state of intoxication,” specifically while having blood alcohol content level of 0.06 percent. This offense is punishable with a fine ranging from P2,000 to P5,000, or imprisonment of three to six months, or both.

Lastly, distracted driving is “the act of operating a motor vehicle while, at the same time, focusing one’s attention on other activities not related to driving,” including using mobile phones.

To avoid such offenses, the DOJ advised motorists not to engage in distracting activities while driving, being careful when driving through accident-prone areas, and being vigilant.

Earlier this year, the DOJ issued two public advisories touching on checkpoints and transnational drug trafficking.