Title
Mandatory motorcycle helmet use law
Law
Republic Act No. 10054
Decision Date
Mar 23, 2010
The Motorcycle Helmet Act of 2009 mandates the use of standard protective motorcycle helmets for all riders in the Philippines, with penalties for non-compliance and provisions for testing and certification of helmets.

Questions (Republic Act No. 10911)

It is known as the “Motorcycle Helmet Act of 2009.”

To prevent fatal or life-threatening injuries and crashes by mandating the use of standard protective motorcycle helmets to safeguard motorists, passengers, and pedestrians.

All motorcycle riders, including drivers and back riders, must wear standard protective motorcycle helmets at all times while driving.

Yes. The law mandates helmet use “at all times,” whether long or short drives, in any type of road and highway.

Helmets appropriate for motorcycle riders that comply with specifications issued by the Department of Trade and Industry (DTI), and bearing the required PS/ICC marks under the implementation provisions.

Drivers of tricycles are exempt from complying with the mandatory wearing of motorcycle helmets.

A new motorcycle helmet bearing the Philippine Standard (PS) mark or an Import Commodity Clearance (ICC) of the Bureau of Product Standards (BPS) and complying with BPS standards, which the purchaser may buy at their option.

Failure to comply constitutes a violation of the Act and is punishable under Section 7(b).

It must utilize United Nations Economic Commission for Europe (UNECE) Protocols for standards applicable to helmet approval/disapproval in the Philippines.

BPS must conduct mandatory testing of all manufactured and imported helmets in the Philippines, and manufacturers/importers must secure a PS license or ICC prior to sale/distribution.

Only standard protective motorcycle helmets bearing the PS mark or ICC certificate may be sold in the market.

Fine of Php1,500 (first offense); Php3,000 (second); Php5,000 (third); Php10,000 plus confiscation of the driver’s license for the fourth and succeeding offenses.

A fine of not less than Php10,000 but not more than Php20,000.

Fine of not less than Php3,000 for the first offense and Php5,000 for the second offense, without prejudice to other penalties under R.A. No. 7394 (Consumer Act).

A fine of not less than Php10,000 but not more than Php20,000, without prejudice to other penalties under R.A. No. 7394.

The LTO in coordination with the Philippine Information Agency (PIA), Department of Education (DepED), and private agencies/organizations, for six (6) months.

Fifteen (15) days after its publication in at least two (2) newspapers of general circulation.


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