Question & AnswerQ&A (Republic Act No. 10054)
The short title of Republic Act No. 10054 is the "Motorcycle Helmet Act of 2009."
The Act declares the policy of the State to secure and safeguard its citizenry, particularly motorcycle operators and passengers, from fatal or life-threatening accidents by enforcing the mandatory use of standard protective motorcycle helmets.
All motorcycle riders, including drivers and back riders, are mandated to wear standard protective motorcycle helmets at all times while driving on any road or highway.
Standard protective motorcycle helmets are helmets that comply with the specifications issued by the Department of Trade and Industry (DTI) and bear the Philippine Standard (PS) mark or Import Commodity Clearance (ICC) of the Bureau of Product Standards (BPS).
No, drivers of tricycles are exempted from the mandatory wearing of motorcycle helmets as provided in the Act.
Every seller and/or dealer must make available a new motorcycle helmet bearing the PS mark or ICC every time a new motorcycle unit is purchased, which the purchaser may buy at their option. Failure to comply is a violation of the Act.
The Department of Transportation and Communications (DOTC) and its attached agency, the Land Transportation Office (LTO), are responsible for the implementation. The Department of Trade and Industry (DTI), through the Bureau of Product Standards (BPS), is responsible for helmet standards and testing.
Penalties for riders include: Php1,500 fine for the first offense; Php3,000 for the second; Php5,000 for the third; and Php10,000 plus confiscation of driver's license for the fourth and succeeding offenses.
Sellers and/or dealers who violate Section 5 of the Act shall be fined not less than Php10,000 but not more than Php20,000.
Using, selling, or distributing substandard helmets without the PS mark or ICC certificate is punishable by a fine of not less than Php3,000 for the first offense and Php5,000 for the second offense, alongside penalties under the Consumer Act of the Philippines.
Tampering, altering, forging, or imitating the PS mark and ICC certificates are punishable with a fine of not less than Php10,000 but not more than Php20,000, and possibly other penalties under the Consumer Act of the Philippines.
A nationwide information, education, and communication campaign shall be undertaken for a period of six (6) months.
The Act took effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.