Author Topic: Reckless Driving  (Read 844 times)

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Reckless Driving
« on: January 05, 2018, 04:03:00 PM »
REP. ABAYON FILES BILL ON RECKLESS DRIVING
HB 6925 seeks to make law on Reckless Imprudence fair

Recent road tragedies, including that involving truck driver Tedy Gotis and teenager motorcycle rider John Mark Navarro in Muntinlupa City in November and the ones that happened approaching Christmas Day which killed at least 30 people and wounded dozens in different parts of the country, illustrate how reckless imprudence on our roads is rampant.

Senseless and avoidable road mishaps like these prompted House Committee on Transportation Member Neil Abayon to file House Bill 6925 (Philippine Responsible Driving and Accountability Act), the bill that intends to update the country’s road safety laws, as well as statutes on criminal, civil, and administrative culpability and liability of drivers involved in traffic violations and road safety incidents.

This bill also defines different types of unsafe driver behavior: dangerous driving; reckless driving; suicidal driving; terroristic driving; careless driving; impaired driving; and irresponsible custody of vehicle.

References: INQUIRER https://goo.gl/eE2rjc CNN https://goo.gl/JrHxPh
Under current laws and procedures, drivers or motorists involved in road safety incidents and traffic violations are presumed at fault even when pedestrians and/or other motorists are at fault or also share fault. This bill seeks to make our laws also fair to the drivers who were not at fault.

In this bill, the driver is presumed to be not initially culpable or not totally at fault for the incident under investigation when:

1)   the victim is intoxicated or under the influence of illegal drugs or prescription medication;
2)   the victim was not crossing the street at a pedestrian lane or road intersection;
3)   the victim crossed the street or highway instead of using a nearby pedestrian footbridge;
4)   the victim is a bicycle rider not wearing safety devices or wearing dark clothing;
5)   the victim is a driver of a motorcycle, bicycle, or tricycle traveling on a national highway under the minimum speed limit and not on the rightmost lane of the roadway;
6)   the victim is a driver who, at the exact time of the incident, did not have right of way on the road;
7)   the driver did not flee from the scene of the road safety incident;
8)   the driver was suffering, at the time of the incident, a medical emergency such as a heart attack, stroke, asthma attack, or diabetes shock; and
9)   the driver of the other vehicle has non-functional or lacking in head lights, tail lights, and other warning devices.
 
The driver involved in a road safety incident is presumed to be initially culpable when:
 
1)          the driver flees from the scene of the road safety incident;
2)          the driver was driving at high speed according to recorded eyewitness accounts taken at the scene of the road safety incident;
3)          the driver had just committed at least one serious traffic violation;
4)          the driver is intoxicated or under the influence of illegal drugs or prescription medication;
5)          the driver does not have a driver’s license or has an expired driver’s license; and
6)          the victim is a child younger than fifteen (15) years of age.
 
This bill also provides for the following mitigating circumstances in driving violations:
 
1)  Fast driving due to medical emergency to rush to a hospital or other medical facility for immediate care;
2)  Pursuit of a suspect in a crime who is fleeing or has just fled from the scene of a crime;
3)  Rushing home or to workplace because of a fire or other disaster; and
4)  Serious to gross defects in the design and construction of roads and bridges, and of traffic signs and warnings.
     
The initial presumption of culpability shall be determined by the person in authority or law enforcer who is first at the scene of the incident or on whom continuing investigative responsibility is vested by competent authority over the road safety incident resulting in death, injury, destruction of property, or traffic congestion.
 
The determination of initial culpability must be either in writing in a traffic incident report or orally, with witnesses present, while the law enforcer’s lawful arrest without warrant or civilian citizen’s arrest is being made.
 
A person in authority or deputized law enforcer may order the confiscation or personally and immediately confiscate the driver’s license of a suspected erring driver to prevent or avoid probable immediate future danger to self or other persons on the road or sidewalk.
 
Whether the driver or drivers are initially culpable or not, the law enforcer investigating the road safety incident is required to secure the signed and sworn statements of the drivers and other persons involved in and who witnessed the incident. (END)

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