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Authored by Councilor ROVIN ANDREW M. FELICIANO

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WHEREAS, in today's modern world, it seems as if drivers simply cannot allow themselves to just drive and watch the road. Texting or talking to someone on a cell phone and many other distractions are keeping drivers from observing their surroundings. This degree of inattentive driving is contributing to an increased amount of car accident injuries and fatalities in our country today. A majority of these accidents are caused by an inattentive driver who is either texting or talking on a cell phone;

WHEREAS, research shows that people who text or talk on a cell phone while behind the wheel are significantly more impaired than they would be if they were driving pulls the driver's full attention away from the road. At a minimum, the driver's eyes, hand and mind are all focused on reading, typing or sending the text. Such inattentive driving can result in: Reduction of the driver's ability to react to an emergency situation; Increase in drifting between lanes; Reduction in the driver's control of the wheel; and Reduction in following distance;

WHEREAS, motorist who talked on either handheld or hands-free cell phones drove slightly slower, were 9% percent slower to hit the brakes, displayed 24% percent more variation in following distance as their attention switched between driving and conversing, were 19% percent slower to resume normal speed after braking and were more likely to crash;

WHEREAS, a 2001 study showing that hands-free cell phones are just as distracting as handheld cell phones. A 2003 study showing that the reason is "inattention blindness" in which motorist look directly at road conditions but don't really see them because they are distracted by a cell phone conversation. And such drivers aren't aware they are impaired. A 2005 study suggesting that when teenagers and young adults talk on cell phones while driving, their reaction times are as slow as those of elderly drivers (University of Utah Psychologist);

WHEREAS, one statistical analysis of the new and previous studies showed cell phone user were 5.36 times more likely to get in an accident than undistracted drivers. Other studies have shown the risk is about the same as for drivers with a 0.08 blood-alcohol level;

WHEREAS, in order to prevent or at the very least lessen the accident prone effect of using mobile cell phone or phone while driving, the City of Valenzuela in the exercise of its power as guardian of its inhabitants and/or constituents under the recognized principle of parens patriae is empowered to enact laws and ordinances to promote general welfare and to protect the safety of its people;

NOW THEREFORE, be it ORDAINED as it is hereby ORDAINED by the City Council of Valenzuela in session duly assembled, that:

SECTION 1. TITLE. - This Ordinance shall be known as "CELLPHONE ORDINANCE"

SECTION 2. COVERAGE. - The "Cellphone Ordinance" mentioned in the preceding paragraph shall apply to all drivers of a motorized vehicles plying any of the routes and/or operating within the territorial jurisdiction of Valenzuela City.

SECTION 3. PURPOSE. - The ordinances is intended for the following purpose, to wit:

(a) to prevent any related vehicular accident as a result of cell phone usage while driving; and

(b) to provide corresponding penalties for any violation hereof and prescribed procedures and guidelines for the implementation of the same.

SECTION 4. DEFINITION OF TERMS. - (a) CELLPHONE - refers to a hand held mobile phone;

(b) WIRELESS PHONE - refers to wireless landline phone.

(c) MOTORIZED VEHICLE - refers to any vehicle utilizing an engine that runs on any kind of fuel including trucks, vans, cars, jeeps and motorcycles.

(d) DRIVER - refers to a person manning or driving any motorized vehicle regardless of wheel number; I

SECTION 5. POLICY/APPLICATION. - All drivers of any motorized vehicle shall be strictly prohibited from using cell phone, wireless landline phone while driving in any of the routes and/or operating within the territorial jurisdiction of Valenzuela City;

SECTION 6. PENALTIES. - Offender/violator of this ordinance shall be fined and penalized in accordance with the following:

	(a)   FIRST OFFENSE	—	WARNING
	(b) SECOND OFFENSE	—	Php 300.00
	(c) THIRD OFFENSE	—	Php 500.00

SECTION 7. IMPLEMENTERS/ENFORCERS. - The Office of the City Mayor through the Task Force Disiplina, the Traffic Management Office (TMO) and the Valenzuela PNP Traffic Division shall implements this Ordinance and shall issue traffic violation ticket or tickets to the offending party for the violation of this Ordinance, The Traffic violation ticket currently used by the City Government may be used and the violation indicated in the space provided for other violation not listed on the ticket.

SECTION 8. PROCEEDS OF THE FINES COLLECTED. - The fines collected pursuant to this ordinance shall be put in a special trust fund for the Valenzuela City Out-of-school Youth Programs.

SECTION 9. EXEMPTIONS. - Exempted from this ordinance are:

	(a)	law enforcers performing official functions;
	(b)	authorized drivers of ambulances and rescue vehicles while on duty;
	(c)	persons responding to emergency cases or rendering public service and TV and radio news reporters; and
	(d)	COMELEC Election Officers during election.

SECTION 10. IMPLEMENTING RULES AND REGULATIONS - The Executive Department shall formulate the necessary guidelines for implementation within sixty (60) days after approval which shall form an integral part of this ordinance.

SECTION 11. REPEALING CLAUSE - Except as otherwise provided herein, all executive orders, administrative regulations, city ordinances, city resolutions, barangay ordinances, barangay resolutions, "which inconsistent with and contradictory to any of the provisions of this Ordinance are hereby repealed or modified accordingly.

SECTION 12. SEPARABILITY CLAUSE - Should any portion of this ordinance be declared unconstitutional, the remaining portions of this ordinance not declared unconstitutional shall remain in full force and effect.

SECTION 13. EFFECTIVITY CLAUSE - This ordinance shall take effect within seventy five (75)working days after its publication in a newspaper of general circulation once and the issuance of its implementing rules and regulations by the Executive Department.

ENACTED.
JULY 07, 2014.
VALENZUELA CITY, METROPOLITAN MANILA.

(Sgd.) HON. ANTONIO R. ESPIRITU Councilor Majority Floor Leader	HON. ROSALIE ESTEBAN-CAYCO Councilor Minority Floor Leader
HON. MARCELINO G. MORELOS Councilor	(Sgd.) HON. LORENA NATIVIDAD-BORJA Councilor Asst. Majority Floor Leader
(Sgd.) HON. ROVIN ANDREW M. FELICIANO Councilor	(Sgd.) HON. LAILANIE P. NOLASCO Councilor
HON. CORAZON A. CORTEZ Councilor	(Sgd.) HON. KIMBERLY ANN D.V. GALANG Councilor
(Sgd.) HON. MARLON PAULO C. ALEJANDRINO Councilor	(Sgd.) HON. CRISSHA M. PINEDA Councilor
(Sgd.) HON. JENNIFER PINGREE-ESPLANA Councilor	(Sgd.) HON. KRISTIAN ROME T. SY Councilor
(Sgd.) HON. RAMON L. ENCARNACION Councilor (President League of Barangays)
	ATTESTED:
	(Sgd.) FLAVIO C. DIAZ Secretary
CERTIFIED CORRECT:
(Sgd.) HON. ERIC M. MARTINEZ Presiding Officer City Vice Mayor
APPROVED:
(Sgd.) HON. REXLON T. GATCHALIAN City Mayor
Date Signed: _______________