Republic Act No. 10054 – Motorcycle Helmet Act.
Republic Act No. 10054, also known as the “Motorcycle Helmet Act” was signed into law on 23 March 2010. An act mandating all motorcycle drivers to wear standard protective motorcycle helmets while driving is now in full effect nationwide.
The memorandum circular on the Republic Act (RA) 10054 or the helmet law issued on December 26, 2011, was already received by all regional offices of the Land Transportation Office (LTO), Department of Transportation and Communications (DOTC) and the Department of Trade and Industry (DTI).
LTO Regional Director Camilo Guarin said that after the prescribed six months (January-July 2012) of massive campaign and information campaign, starting next month, his office will start implementing the provisions of RA 10054.
Some salient provisions of RA 10054 are:
Section 3 – 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. Standard protective motorcycle helmets are appropriate types of helmets for motorcycle riders that comply with the specifications issued by the DTI.
Section 5 – Provision of Motorcycle Helmets. A new motorcycle helmet that 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 this act.
Section 6 – Implementation. The DOTC, with its attached agency, the LTO, is mandated by this act to issue guidelines necessary to implement the provisions of this act. The DTI, through the BPS, is mandated to utilize the United Nations Economic Commission for Europe 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. The DTI, through the BPS, shall conduct a mandatory testing of all manufactured and imported motorcycle helmets in the Philippines. 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. The BPS shall issue periodically a list of motorcycle helmet, manufacturers and importers and the brands that pass the standards of the BPS to be published in a newspaper of general circulation or in its website.
Upon the effectivity of this act, only those standard protective motorcycle helmets bearing the PS or ICC mark shall be sold in the market.
Section 7 – Penalties. (a) Any person caught not wearing the standard protective motorcycle helmet in violation of this act shall be punished with a fine ofP1,500 for the first offense; P3,000 for the second offense; P5,000 for the third offense; and P10,000 plus confiscation of the driver’s license for the fourth and succeeding offenses.
(b) Any seller and/or dealer who violates section 5 of this act shall be punished with a fine of not less than P10,000 but not more than P20,000.
(c) Any person who uses, sells and distributes substandard motorcycle helmets or those that do not bear the PS mark or the ICC certificate shall be punished with a fine of not less than P3,000 for the first offense; and P5,000 for the second offense, without prejudice to other penalties imposed in Republic Act No. 7394 or the “Consumer Act of the Philippines.”
(d) Tampering, alteration, forgery and imitation of the PS mark and the ICC certificates in the helmets shall be punished with a fine of not less than P 10,000 but not more than P20,000 without prejudice to other penalties imposed in RA 7394 or the “Consumer Act of the Philippines.”
Section 8 – Nationwide Public Information Campaign. The LTO, in coordination with the Philippine Information Agency, the Department of Education and private agencies and organizations, shall undertake a nationwide information, education and communication campaign for a period of six months for the attainment of the objectives of this act.
In Iloilo City starting January 1, 2013 the LTO will enforced this Republic Act No. 10054 – Motorcycle Helmet Act. An act mandating all motorcycle drivers to wear standard protective motorcycle helmets while driving is now in full effect nationwide.