Question & AnswerQ&A (Republic Act No. 10666)
The Act is known as the Children Safety on Motorcycles Act of 2015.
The State's policy is to defend the right of children to assistance, care, nutrition, and special protection from neglect, abuse, cruelty, exploitation, and other harmful conditions, and to secure their safety by regulating motorcycle operations on roads and highways.
A motorcycle is defined as any two-wheeled motor vehicle having one or two riding saddles.
Public roads are those designated by the national or local government as roads for public use, including national highways, provincial roads, city, municipal, and barangay streets.
It is unlawful in areas with heavy vehicle volume, high density of fast-moving vehicles, or where a speed limit of more than 60 kph is imposed unless the child can comfortably reach the foot peg, grasp the rider's waist, and wear a standard protective helmet.
The child must comfortably reach the motorcycle's standard foot peg, be able to grasp the rider's waist, and wear a standard protective helmet as provided under Republic Act No. 10054.
The prohibition does not apply if the child requires immediate medical attention.
For the first offense, a fine of P3,000; second offense, P5,000; third and subsequent offenses, P10,000 and suspension of the driver's license for one month; beyond the third offense, automatic revocation of the license.
The LTO may increase or adjust fines by up to 20% after public consultation every three years, considering economic indices like the Consumer Price Index, and after study on deterrence effectiveness.
The motorcycle rider or operator shall face a penalty of one year imprisonment without prejudice to penalties under the Revised Penal Code.
The LTO can deputize members of the Philippine National Police, Metropolitan Manila Development Authority, and local government units.
Within 30 days after the Implementing Rules and Regulations are promulgated, the LTO, with other agencies, must conduct a nationwide information campaign for three months, and thereafter include the Act's provisions in annual communication programs.
The LTO must formulate the IRR within 90 days after the Act's effectivity.
Other provisions not affected by the declaration shall remain in full force and effect under the separability clause.
The Act took effect fifteen days after its publication in the Official Gazette or in two national newspapers of general circulation.