Sen. Gregorio Honasan: No mandatory drug test. FILE PHOTO
MANILA, Philippines鈥擳wo senators have asserted that the newly enacted Anti-Drunk and Drugged Driving Act of 2013 (R.A. 10586) effectively repealed a provision in the Comprehensive Dangerous Drugs Act (R.A. 9165) that requires driving license applicants to pass a mandatory drug test before the license is issued.
Sen. Gregorio Honasan said Section 19 of the new law signed last month specified that the mandatory drug test set by the old law as well as other orders, and circulars inconsistent with any of the new law鈥檚 provisions 鈥渁re hereby repealed or modified accordingly.鈥�
Honasan鈥檚 statement was apparently spurred by an announcement made by Land Transportation Office (LTO) chief Virginia Torres that the mandatory drug requirement remains in force until a set of implementing rules and regulations is issued.
Sen. Tito Sotto agreed with Honasan鈥檚 declaration, saying the mandatory drug test has become unnecessary and has even proved ineffective in the first place.
Sotto, former chairman of the Dangerous Drugs Board, said drug users applying for a driver鈥檚 license simply refrain from taking these for a time before submitting their urine samples.
In a huddle with reporters, Sotto said only 0.06% of all license applicants were found positive for drug use.
鈥淭he mandatory drug test has become a waste of money for motorists as well as an ineffective requirement. Data showed that out of millions tested a mere 0.06% resulted in positive results in the drug tests conducted by the Land Transportation Office covering the period 2002 to 2010,鈥� Sotto said.
鈥淭he low figure could be due to the fact that drug users tend to refrain from usage during the period leading to the application for or renewal of their driver鈥檚 license. They are able to come clean during the drug test. It has led to a mockery of the drug test requirement,鈥� he added.
Besides, Sotto said the mandatory drug test in fact was an added burden to responsible motorists, as they shell out money for something that drug users could easily get away with.
Applicants for a driver鈥檚 license are charged between P300 and P350 for the drug test.
Sotto鈥檚 observation reportedly drew protests from LTO officials who claim more than 6,000 license applicants were turned down after they tested positive.
Sotto countered that the new law on drunk and drugged driving requires apprehended drivers to pass certain tests if authorities observe that their behavior is consistent with substance abuse.
鈥淩A 10586 states that drug testing will only be conducted for those driving under the influence (DUI) as determined by law enforcement authorities based on certain manifestations, like overspeeding, weaving, lane straddling, swerving and others,鈥� Sotto explained.
鈥淭he law provides for mandatory tests for drivers involved in vehicular accidents to determine if they are under the influence of alcohol or drugs,鈥� the senator pointed out.
鈥淚f 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鈥檚 blood alcohol concentration level through the use of a breath analyzer or similar measuring instrument,鈥� he added.
Honasan said that contrary to the LTO鈥檚 position, 鈥渘o interpretation is necessary鈥� before the agency could do away with the mandatory drug test.
鈥淎ll applicants are presumed innocent of the crime of attempting to drive under the influence of drugs, so to speak,鈥� he said.
At present, penalties for driving under the influence or DUI range from three months in prison and a fine of P20,000 to perpetual revocation of the driver鈥檚 license, a fine of P500,000 and a longer prison term.