COMPLYING with an order issued by the Department of Transportation (DOTr), the operators of the bus company Pangasinan Solid North Transit, Inc. (PSNTI) temporarily stopped operations after one of its buses figured in a deadly smash-up last Thursday at the SCTEX toll booth in Tarlac.
In a statement yesterday, PSNTI said all trips are temporarily suspended effectively and all affected bookings may request their cancellations.
Ten people were killed, including six kids, while more than 30 others were injured when the bus driven by Teodoro Merjan caused a five-vehicle smash-up at the exit of the Tarlac City toll gate. Merjan is in police custody.
“We are one with the nation in sympathizing with those affected by this unfortunate event. As a bus operator, we’ve always strived to continuously provide the best for our passengers. However, some uncontrollable factors get even the best of us, which leads to this isolated case.” PSNTI said
“We understand the gravity of the situation, and we will be responsible and accountable for it,” the company added.
Transportation Secretary Vince Dizon has instructed the Land Transportation Franchising and Regulatory Board (LTFRB) to file criminal charges against the bus driver and the bus company.
Last May 2, the DOTr, through the LTFRB, directed the bus operator to comply with a 30-day suspension, hold a road safety seminar for all its drivers, conduct compulsory drug testing for its drivers and conductors, must pass a roadworthiness inspection of all suspended buses to be conducted by the LTO or authorized vehicle inspection centers and provide proof of insurance payouts to ensure victims receive the mandated compensation.
To prevent similar incidents, the transport chief also ordered a thorough review of existing road safety protocols and directed bus companies to ensure their drivers are fit to drive.
‘BATO’ WEIGHS IN
Sen. Ronald “Bato” dela Rosa said the PNP should have conducted a drug test on Merjan as mandated by law.
In his Facebook account, Dela Rosa said RA 10586 or the Anti-Drunk and Drugged Driving Act of 2013 mandates that drivers of motor vehicles involved in accidents “shall be subjected” to drug test “to determine the presence and/or concentration of alcohol, dangerous drugs, and/or similar substances in the bloodstream or body.”
“Attention all drivers and PNP personnel: In relation to that vehicular accident that claimed many lives wherein the driver refused to undergo drug test and the PNP consented to it. The driver should not refuse and the PNP should insist to subject the said driver to a drug test under existing law,” Dela Rosa said.
In a TV Interview over the weekend, Lt. Col. Romel Santos, Tarlac City police chief, said that after the accident, an officer of the Land Transportation Office subjected Merjan to a breathalyzer and he was found negative for alcohol.
“Sa ngayon daw po ay hindi po siya pumayag magpa-drug test…Ang concern namin dito is we are looking at the criminal aspect of the offense committed by the suspect (At present, he [Merjan] refused to undergo drug testing…Our main concern here is to look at the criminal aspect of the offense committed by the suspect),” Santos said.
Santos said the PNP will allow other concerned agencies to have Merjan undergo drug testing.
“So, we are not up to that drug test. Probably, other agencies, siguro sila na ‘yung makakapagpa-drug test sa kanya (So, we are not up to that drug test. Probably, other agencies can subject him to a drug test),” Santos added.
Dela Rosa said certain provisions of RA 10586 call for the mandatory drug testing of drivers involved in vehicular accidents.
He said Section 7 is about the mandatory drug testing for drivers involved in vehicular accidents resulting to loss of human life or physical injuries “shall be subjected to chemical tests, including a drug screening test and, if necessary, a drug confirmatory test as mandated under RA 9165 (Comprehensive Dangerous Drugs Act of 2002) to determine the presence and/or concentration of alcohol, dangerous drugs, and/or similar substances in the bloodstream or body.”
Dela Rosa said refusal of the person to “subject oneself” to a mandatory drug test after the accident “shall be penalized by the confiscation and automatic revocation of his/her driver’s license, in addition to other penalties provided herein and/or other pertinent laws”, as what was stated in Section 8 of RA 10586.
He said Section 6 of the law talks of field sobriety, chemical, and confirmatory tests, which can be done if law enforcers have probable cause to believe that a person is driving under the influence of alcohol, dangerous drugs, and/or similar substances “by apparent indications and manifestations, including over speeding, weaving, lane straddling, sudden stops, swerving, poor coordination or the evident smell of alcohol in a person’s breath or signs of use of dangerous drugs.”
Dela Rosa said if the law enforcers have reason to believe that a person is driving under the influence, they must bring that person to the nearest police station “to be subjected to a drug screening test, and if necessary, to a confirmatory test.”
“Law enforcement officers and deputized local traffic enforcement officers shall be responsible for implementing this section (of RA 10586),” Dela Rosa added. – With Raymond Africa
