Children’s Safety on Motorcycles Act of 2015

Case Overview and Summary

Summary of Republic Act No. 10666 (Children's Safety on Motorcycles Act of 2015)

Declaration of Policy (Section 2):
- The State shall pursue a proactive and preventive approach to secure the safety of passengers, especially children, by regulating the operation of motorcycles along roads and highways.

Definitions (Section 3):
- Motorcycle: Any two-wheeled motor vehicle with one or two riding saddles.
- Public roads: Roads designed by the national or local government units for public use.
- Foot peg: A flat form attached to motorcycles for standing or bracing feet.
- Rider: The driver of a motorcycle.

Prohibition (Section 4):
- It is unlawful to drive a two-wheeled motorcycle with a child on board on public roads with heavy vehicle volume, high density of fast-moving vehicles, or speed limit over 60 kph, unless:
    - The child can comfortably reach the foot peg. (Section 4a)
    - The child's arms can reach around and grasp the rider's waist. (Section 4b)
    - The child is wearing a standard protective helmet. (Section 4c)

Exception (Section 5):
- The prohibition does not apply if the child requires immediate medical attention.

Penalties (Section 6):
- First offense: P3,000 fine.
- Second offense: P5,000 fine.
- Third and succeeding offenses: P10,000 fine and driver's license suspension for one month.
- Beyond third offense: Automatic revocation of driver's license.

Review of Penalties (Section 7):
- The Land Transportation Office (LTO) can increase fines up to 20% every three years after public consultation, study, and consideration of economic indices.

Qualifying Circumstances (Section 8):
- If death or injury results from violation, one year imprisonment shall be imposed on the rider, without prejudice to penalties under the Revised Penal Code.

Authority to Deputize (Section 9):
- The LTO can deputize the Philippine National Police, Metropolitan Manila Development Authority, and Local Government Units for enforcement.

Public Information Campaign (Section 10):
- The LTO, Philippine Information Agency, Department of Education, and private organizations shall conduct a nationwide information campaign on the law's provisions within 30 days after the Implementing Rules and Regulations are promulgated.

Implementing Rules and Regulations (Section 11):
- The LTO shall formulate the Implementing Rules and Regulations within 90 days after the law's effectivity.