AN ACT MANDATING ALL MOTORCYCLE RIDERS TO WEAR STANDARD PROTECTIVE MOTORCYCLE HELMETS WHILE DRIVING AND PROVIDING PENALTIES THEREFOR

Case Overview and Summary

Summary of Republic Act No. 10054 (Motorcycle Helmet Act of 2009)

Title: Motorcycle Helmet Act of 2009

- Declaration of Policy (Section 2):
• The State aims to secure and safeguard citizens, particularly motorcycle operators and passengers, from fatal or life-threatening accidents.
• It shall pursue a proactive and preventive approach to secure the safety of motorists, passengers, and pedestrians through mandatory enforcement of using standard protective motorcycle helmets.

- Mandatory Use of Motorcycle Helmets (Section 3):
• All motorcycle riders, including drivers and back riders, must wear standard protective motorcycle helmets at all times while driving, regardless of the distance or type of road.
• Standard protective motorcycle helmets are those that comply with the specifications issued by the Department of Trade and Industry (DTI).
• The DTI shall issue guidelines, including specifications for standard protective motorcycle helmets.

- Exemption (Section 4):
• Drivers of tricycles are exempted from the mandatory wearing of motorcycle helmets.

- Provision of Motorcycle Helmets (Section 5):
• Sellers and dealers must provide a new motorcycle helmet bearing the Philippine Standard (PS) mark or Import Commodity Clearance (ICC) of the Bureau of Product Standards (BPS) when a new motorcycle unit is purchased.
• Failure to comply with this requirement is a violation of the Act.

- Implementation (Section 6):
• The Department of Transportation and Communications (DOTC) and the Land Transportation Office (LTO) shall issue guidelines to implement the Act.
• The DTI, through the BPS, shall utilize the United Nations Economic Commission for Europe (UNECE) Protocols for standards applicable to motorcycle helmets sold in the Philippines.
• The BPS shall conduct mandatory testing of all manufactured and imported motorcycle helmets in the Philippines.
• Manufacturers and importers must secure a PS license or ICC before selling and distributing their products.
• The BPS shall periodically publish a list of approved motorcycle helmet manufacturers, importers, and brands.
• Only standard protective motorcycle helmets bearing the PS or ICC mark shall be sold in the market after the Act's effectivity.

- Penalties (Section 7):
• Not wearing a standard protective motorcycle helmet:
- First offense: ₱1,500 fine
- Second offense: ₱3,000 fine
- Third offense: ₱5,000 fine
- Fourth and succeeding offenses: ₱10,000 fine and confiscation of driver's license
• Sellers and dealers violating Section 5: ₱10,000 to ₱20,000 fine
• Using, selling, or distributing substandard motorcycle helmets or those without PS mark or ICC certificate:
- First offense: ₱3,000 fine
- Second offense: ₱5,000 fine
- Additional penalties under Republic Act No. 7394 (Consumer Act of the Philippines)
• Tampering, altering, forging, or imitating PS mark or ICC certificates: ₱10,000 to ₱20,000 fine, plus penalties under Republic Act No. 7394

- Nationwide Public Information Campaign (Section 8):
• The LTO, in coordination with the Philippine Information Agency (PIA), the Department of Education (DepED), and private agencies and organizations, shall undertake a nationwide information, education, and communication (IEC) campaign for six (6) months to achieve the Act's objectives.

- Separability Clause (Section 9)
- Repealing Clause (Section 10)
- Effectivity Clause (Section 11): The Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.