QuestionsQuestions (Republic Act No. 10666)
The short title is the “Children’s Safety on Motorcycles Act of 2015.” Its policy is to protect children from neglect, abuse, cruelty, exploitation, and other prejudicial conditions, and to adopt a proactive, preventive approach by regulating motorcycle operation to ensure passenger safety, especially children.
A motorcycle is any two-wheeled motor vehicle with one (1) or two (2) riding saddles.
Public roads are roads designed by the national government or LGUs for public use, including but not limited to national highways, provincial roads, city and municipal streets, and barangay streets.
A foot peg is a flat form attached to the motorcycle on which a rider may stand or brace the feet.
The rider is the driver of a motorcycle.
It is unlawful for any person to drive a two-wheeled motorcycle with a child on board on public roads with heavy volume of vehicles, high density of fast moving vehicles, or where a speed limit of more than 60 kph is imposed—unless specific conditions are met.
The child must: (1) comfortably reach his/her feet on the standard foot peg; (2) have arms that can reach around and grasp the waist of the motorcycle rider; and (3) wear a standard protective helmet under RA 10054 (Motorcycle Helmet Act of 2009).
The Act does not apply when the child transported requires immediate medical attention.
First offense: fine of PHP 3,000; second offense: fine of PHP 5,000; third and succeeding offenses: fine of PHP 10,000. For the third offense, the driver’s license is suspended for one (1) month.
Violation beyond the third time results in automatic revocation of the offender’s driver’s license.
If death results or serious or less serious injuries are inflicted, the motorcycle rider/operator shall be imposed with an additional penalty of one (1) year imprisonment, without prejudice to penalties under Act No. 3815 (Revised Penal Code), as amended.
The LTO is empowered to increase/adjust fines. The increase must be made after public consultation once every three years from the Act’s effectivity, not exceeding 20% of the amounts sought to be increased, with a study showing existing fines are no longer effective deterrents, considering economic indices like the CPI. The adjustment takes effect 15 days after publication in two newspapers of general circulation.
The LTO may deputize members of the PNP, the MMDA, and LGUs to carry out enforcement functions and duties to effectively implement the Act.
Not later than 30 days following the promulgation of the Implementing Rules and Regulations (IRR), the LTO in coordination with PIA, DepED, and concerned private organizations/agencies must undertake a nationwide information/education campaign for three (3) months on the important provisions of the Act and its IRR.
As the lead agency, the LTO must formulate the IRR within 90 days after the Act’s effectivity.
Separability: if any section/provision is declared unconstitutional, the remaining unaffected provisions continue in force. Repealing: all laws, decrees, or rules inconsistent with or contrary to RA 10666 are amended or repealed.
It takes effect 15 days after publication in the Official Gazette or in two national newspapers of general circulation.