Child Safety on Motorcycles Act 2015

Republic Act No. 10666 is titled “Child Safety on Motorcycles Act 2015.”
Republic Act No. 10666 was approved on July 21, 2015.
Section 14 provides the Act takes effect fifteen (15) days after publication in the Official Gazette or in two (2) national newspapers of general circulation.

Section 3(a) defines “Motorcycle” as any two (2)-wheeled motor vehicle having one (1) or two (2) riding saddles.
Section 3(b) defines “Public roads” as roads designed by the national government or local government units as roads for public use such as, but not limited to, national highways, provincial roads, city, municipal and barangay streets.
Section 3(c) defines “Foot peg” as a flat form attached to the motorcycles on which to stand or brace the feet.
Section 3(d) defines “Rider” as the driver of a motorcycle.

Section 4 prohibits any person from driving a two (2)-wheeled motorcycle with a child on board on public roads where there is heavy volume of vehicles, high density of fast moving vehicles, or where a speed limit of more than 60/kph is imposed.
Section 4 allows driving with a child on board only if all of the following requirements are met:
- Section 4(a) the child passenger can comfortably reach his/her feet on the standard foot peg of the motorcycle;
- Section 4(b) the child’s arms can reach around and grasp the waist of the motorcycle rider; and
- Section 4(c) the child is wearing a standard protective helmet under Republic Act No. 10054, otherwise known as the Motorcycle Helmet Act of 2009.

Section 5 provides that the Act does not apply to cases where the child to be transported requires immediate medical attention.

Section 6 imposes fines on any person who operates a motorcycle in violation of Section 4:
- PHP 3,000.00 for the first offense;
- PHP 5,000.00 for the second offense; and
- PHP 10,000.00 for the third and succeeding offenses.
Section 6 requires that for the third offense, the offender’s driver’s license be suspended for a period of one (1) month.
Section 6 provides that violation beyond the third time results in automatic revocation of the offender’s driver’s license.

Section 8 provides that when a violation of the Act results in death or causes serious or less serious injuries to the child or any other person, the motorcycle rider or operator shall be punished with one (1) year imprisonment.
Section 8 clarifies that this imprisonment is without prejudice to penalties provided under Act No. 3815, otherwise known as the Revised Penal Code of the Philippines, as amended.

Section 7 empowers the Land Transportation Office (LTO) to increase or adjust the fines imposed under Section 6.
Section 7 requires the LTO to conduct the increase or adjustment only under these conditions:
- Section 7(a) after public consultation once every three (3) years from the effectivity of the Act, and by an amount not exceeding twenty percent (20%) of the amounts sought to be increased or adjusted;
- Section 7(b) after a thorough study showing the existing amounts are no longer an effective deterrent;
- Section 7(c) consideration of current relevant economic indices such as the Consumer Price Index (CPI); and
- Section 7(d) effectiveness only fifteen (15) days after publication in two (2) newspapers of general circulation.

Section 9 authorizes the LTO to deputize members of the Philippine National Police (PNP), the Metropolitan Manila Development Authority (MMDA), and LGUs to carry out enforcement functions and duties to implement the Act.

Section 10 mandates that within thirty (30) days following the promulgation of the Act’s Implementing Rules and Regulations (IRR), the LTO—in coordination with the Philippine Information Agency (PIA), Department of Education (DepED), and concerned private organizations and agencies—undertake a nationwide information and education campaign.
Section 10 requires the campaign to run for three (3) months on the important provisions of the Act and its IRR.
Section 10 requires the participating agencies to include essential provisions of the Act in their respective annual communications programs.

Section 11 designates the LTO as the lead agency.
Section 11 requires the LTO to formulate the IRR within ninety (90) days after the Act’s effectivity.

Section 12 provides separability: if any section or provision is declared unconstitutional, the remaining provisions not affected continue in full force and effect.
Section 13 provides that all laws, decrees, or rules and regulations inconsistent with or contrary to the Act are amended or repealed.

Republic Act No. 10666 is a consolidation of Senate Bill No. 2488 and House Bill No. 4462, and it was finally passed by the Senate and House of Representatives on May 27, 2015.
The Act was approved by the President on July 21, 2015.