Motorcycle Helmet Act of 2009

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In 23 March 2010, the President signed Republic Act No. 10054, also known as the Motorcycle Helmet Act of 2009, into law. R.A. 10054 is a consolidation of House Bill No. 6924 and Senate Bill No. 1863, which was passed by the House of Representatives and the Senate on 16 November 2009 and 16 December 2009, respectively. The new law makes it mandatory for motorcycle riders to wear standard protective helmets while driving and provides for penalties for violators.


Contents

Policy behind the law

It is the policy of the State to secure and safeguard its citizenry, particularly the operators or drivers of motorcycles and their passengers, from the ruinous and extremely injurious effects of fatal or life threatening accidents and crashes. Towards this end, it shall pursue a more proactive and preventive approach to secure the safety of motorists, their passengers and pedestrians at all times through the mandatory enforcement of the use of standard protective motorcycle helmet.[1]


Mandatory use of motorcycle helmets

All motorcycle riders, including drivers and back riders, shall at all times wear standard protective motorcycle helmets while driving, whether long or short drives, in any type of road and highway.[2] In other words:

  • All riders of motorcycles are required to wear helmets. That includes drivers and back riders.
  • The requirement applies only while driving. It does not matter if it is a short or long drive.
  • The requirement applies in all roads and highways.

Standard protective motorcycle helmets

Standard protective motorcycle helmets are appropriate types of helmets for motorcycle riders that comply with the specifications issued by the Department of Trade and Industry (DTI). The DTI shall issue guidelines, which should include the specifications regarding standard protective motorcycle helmets.[3]

Exemption

Drivers of tricycles shall be exempted from complying with the mandatory wearing of motorcycle helmets as provided in the Motorcycle Helmet Act of 2009.[4]

Penalty

Any person caught not wearing the standard protective motorcycle helmet in violation of the Motorcycle Helmet Act of 2009 shall be punished with a fine:[5]

  • First offense - One Thousand Five Hundred Pesos (PhPl,500.00)
  • Second offense - Three Thousand Pesos (PhP3,000.00)
  • Third offense - Five Thousand Pesos (PhP5,000.00)
  • Fourth and succeeding offenses - Ten Thousand Pesos (PhP 10,000.00), plus confiscation of the driver's license

Also, any person who uses substandard motorcycle helmets or those which do not bear the PS mark or the ICC certificate shall be punished with a fine:[6]

  • First offense - Three Thousand Pesos (PhP3,000.00)
  • Second offense - Five Thousand Pesos (PhPP5,000.00), without prejudice to other penalties imposed in Republic Act No. 7394 or the Consumer Act of the Philippines.


Requirement for seller/dealer of motorcycles

A new motorcycle helmet which bears the Philippine Standard (PS) mark or Import Commodity Clearance (ICC) of the Bureau of Product Standards (BPS) and complies with the standards set by the BPS shall be made available by every seller and/or dealer every time a new motorcycle unit is purchased and which the purchaser may buy at his option. Failure to comply with the requirements provided under this section shall constitute a violation of the Motorcycle Helmet Act of 2009.[7]

Penalty

Any seller and/or dealer who does not make available a standard protective motorcycle helmets every time a new motorcycle unit is purchased and which the purchaser may buy at his option - Fine of not less than Ten Thousand Pesos (PhPl0,000.00) but not more than Twenty Thousand Pesos (PhP20,000.00)


Requirement for manufacturers and importers

All manufacturers and importers of standard protective motorcycle helmets are required to secure a PS license or ICC prior to the sale and distribution of their products. Only those standard protective motorcycle helmets bearing the PS or ICC mark shall be sold in the market.[8]

Penalty

Any person who sells and distributes substandard motorcycle helmets or those which do not bear the PS mark or the ICC certificate shall be punished with a fine:[9]

  • First offense - Three Thousand Pesos (PhP3,000.00)
  • Second offense - Five Thousand Pesos (PhPP5,000.00), without prejudice to other penalties imposed in Republic Act No. 7394 or the Consumer Act of the Philippines.


Implementing agencies

  • Department of Trade and Industry (DTI), through the Bureau of Product Standards (BPS) - (a) Utilize the United Nations Economic Commission for Europe (UNECE) Protocols with regard to the standards that will be applicable to the approval or disapproval of motorcycle helmets that will be sold in the Philippines; (b) Conduct a mandatory testing of all manufactured and imported motorcycle helmets in the Philippines; and (c) Periodically issue a list of motorcycle helmet manufacturers and importers and the brands which pass the standards of the BPS to be published in a newspaper of general circulation or in its website.[11]


Other Penalties

  • Any person who uses, sells and distributes substandard motorcycle helmets or those which do not bear the PS mark or the ICC certificate shall be punished with a fine:[12]
First offense - Three Thousand Pesos (PhP3,000.00)
Second offense - Five Thousand Pesos (PhPP5,000.00), without prejudice to other penalties imposed in Republic Act No. 7394 or the Consumer Act of the Philippines.
  • Tampering, alteration, forgery and imitation of the PS mark and the ICC certificates in the helmets - Fine of not less than Ten Thousand Pesos (PhPl0,000.00) but not more than Twenty Thousand Pesos (PhP20,000.00), without prejudice to other penalties imposed in Republic Act No. 7394 or the Consumer Act of the Philippines.[13]


References

  1. Sec. 2, R.A. 10054
  2. Sec. 3, R.A. 10054
  3. Sec. 3, R.A. 10054
  4. Sec. 4, R.A. 10054
  5. Sec. 7 (a), R.A. 10054
  6. Sec. 7 (c), R.A. 10054
  7. Sec. 5, R.A. 10054
  8. Sec. 6, R.A. 10054
  9. Sec. 7 (c), R.A. 10054
  10. Sec. 6, R.A. 10054
  11. Sec. 6, R.A. 10054
  12. Sec. 7 (c), R.A. 10054
  13. Sec. 7 (d), R.A. 10054
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