Dear PAO,

My friend is a vlogger who frequently posts videos of himself riding motor bikes at fast speeds on national roads to feature different motor bikes and accessories. One day, he received a letter from the Land Transportation Office about a complaint filed against him for reckless driving after several videos showed him riding at speeds of more than 130 km/h on provincial roads. Since my friend is a vlogger, he claims that part of his job is to do a speed test on motorcycles at their top speed and that he always puts disclaimers in his video blogs that his driving should not be followed by others. Can he really be held liable for reckless driving for his actions?

Brian

Dear Brian,

To answer your query, we shall refer to Republic Act (RA) 4136, known as the Land Transportation and Traffic Code. This law provides for a specific provision related to the speed restrictions of motor vehicles, to wit:

"Any person driving a motor vehicle on a highway shall drive the same at a careful and prudent speed, not greater nor less than is reasonable and proper, having due regard for the traffic, the width of the highway, and of any other condition then and there existing; and no person shall drive any motor vehicle upon a highway at such a speed as to endanger the life, limb and property of any person, nor at a speed greater than will permit him to bring the vehicle to a stop within the assured clear distance ahead." (Sec. 35 (a), Article I, Chapter IV, RA 4136)

Relative to the above-cited provisions, the law provides that the maximum allowable speed for any passenger car or motorcycle on an open country road with no "blind corners" and not closely bordered by habitations is at 80 kph. (Sec 35 (b), Ibid) On the other hand, limited-access highways have different speed limits, which are capped at 100 kph. (See https://trb.gov.ph/index.php/faqs/speed-limit)

Based on the details that you provided, the speed at which your friend is doing in driving a motorcycle is significantly beyond the maximum speed provided by law. This kind of speed is obviously a danger, not just to himself but also to the public. As such, this can be considered as reckless driving as defined by law, to wit:

"Section 48. Reckless driving. - No person shall operate a motor vehicle on any highway recklessly or 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." (Sec. 48, Article V, Chapter IV, RA 4136)

The fact that your friend is a vlogger doing a speed test cannot be a legal excuse for his gross negligence and disregard for traffic rules and speed limits. There are private race tracks where motorists can do their speed tests without putting the general public in danger. Remember that the license to drive motor vehicles is not an absolute right. Rather, it is a heavily regulated privilege that is only allowed for a qualified group: those who pass the driver's license tests administered by the LTO. (Mirasol vs. DPWH, GR 158793, June 8, 2006, Associate Justice Antonio Carpio) As such, your friend can be held liable and penalized for reckless driving for driving his motorbikes beyond the allowed maximum speed on public roads.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.