QuestionsQuestions (EXECUTIVE ORDER NO. 15)
It applies to wearing standard protective motorcycle helmets by all motorcycle drivers and back riders while driving in any type of road and highway, and it excludes drivers of tricycles.
They are helmets and visors appropriate for motorcycle riders that comply with DTI-prescribed specifications and bear the Philippine Standard (PS) Mark or have an Import Commodity Clearance (ICC) from BPS.
First offense: PHP 1,500; second: PHP 3,000; third: PHP 5,000; fourth and succeeding: PHP 10,000 plus confiscation of the driver’s license. The penalty is the same if the rider drives with no helmet.
First offense: PHP 10,000; second offense: PHP 20,000.
First offense: PHP 3,000; second offense: PHP 5,000, without prejudice to other penalties under RA 7394.
First offense: PHP 10,000; second offense: PHP 20,000, without prejudice to other penalties under RA 7394.
DTI/BPS handles product standards, PS/ICC-related licensing and market monitoring; DOTC/LTO (with LTO enforcers) enforce the helmet-wearing requirement and impose penalties for drivers/riders under Section 3.1.
They may stop a moving motorcycle whose driver and/or rider is not wearing any helmet, and may inspect the helmet worn if it is plainly not a standard protective motorcycle helmet.
A driver and/or rider wearing a helmet with a PS or ICC mark is deemed prima facie compliant with RA 10054 and the rules and regulations.
The DOTC/LTO enforcer shall issue the necessary citation ticket to the motorcycle driver imposing the appropriate penalty.
Manufacturers apply for PS Quality and/or Safety Certification License with BPS or the nearest DTI Regional/Provincial office; the procedures are governed by DTI DAO 4:2008 and its implementing rules.
They apply on a per shipment per bill of lading basis with the BPS or the nearest DTI Regional/Provincial office; procedures are governed by DTI DAO 5:2008 and its implementing rules.
Importers must ensure the shipment was tested by ILAC/APLAC-accredited laboratories under PNS UN-ECE 22:2007 and that the original test certificates are evaluated by BPS.
Manufactured: test samples are taken randomly at the production line or warehouse; Imported: samples are taken at random directly from Customs or the importer’s warehouse.
Two separate tests with two failing results must be conducted; if the first sample fails, a retest is done, and only if both first and retest fail can the application be denied.
All test results must be held strictly confidential by BPSTC or any BPS designated/recognized testing laboratory; test reports furnished are for product certification purposes only.
Failed samples are stored at the testing laboratory for reference if the manufacturer/importer contests the result. If not contested within two (2) months from issuance, the test report is deemed final and samples are returned or disposed in accordance with accounting/auditing rules.
It takes effect fifteen (15) days after publication in at least two newspapers of general circulation. Full implementation is after a nationwide information and education campaign conducted by LTO with partners for six (6) months from the effectivity of the Joint Administrative Order.