Law Summary
Declaration of Policy
- The State commits to protecting children's rights, including care, nutrition, and protection from neglect, abuse, and exploitation.
- Emphasizes a proactive and preventive regulation of motorcycle operations on roads to secure the safety of passengers, especially children.
Key Definitions
- "Motorcycle": any two-wheeled motor vehicle with one or two saddles.
- "Public roads": roads designated by national or local government for public use, includes highways, provincial roads, city, municipal, and barangay streets.
- "Foot peg": a flat attachment on motorcycles where riders rest their feet.
- "Rider": the person driving the motorcycle.
Prohibition on Carrying Children on Motorcycles
- Illegal to drive a two-wheeled motorcycle with a child passenger on public roads that have heavy vehicle volume, high speed density, or speed limits over 60 kph unless:
- The child can comfortably reach the standard foot pegs with their feet.
- The child’s arms can securely grasp the waist of the motorcycle rider.
- The child wears a standard protective helmet as defined by Republic Act No. 10054 (Motorcycle Helmet Act of 2009).
Exception
- The prohibition does not apply when the child requires immediate medical attention.
Penalties
- First offense: Fine of ₱3,000.
- Second offense: Fine of ₱5,000.
- Third and subsequent offenses: Fine of ₱10,000.
- On the third offense: Suspension of driver’s license for one month.
- Beyond the third offense: Automatic revocation of driver’s license.
Review and Adjustment of Penalties
- The Land Transportation Office (LTO) may increase or adjust fines subject to:
- Public consultation every three years.
- Limit of 20% increase per adjustment.
- Study confirming existing fines are ineffective deterrents.
- Consideration of economic indices like Consumer Price Index.
- New fines become effective 15 days after publication in two newspapers of general circulation.
Qualifying Circumstances for Enhanced Penalties
- If violation results in death or serious/less serious injuries to the child or others:
- Imprisonment for one year imposed on the motorcycle rider/operator.
- Penalties under the Revised Penal Code (Act No. 3815) also apply.
Enforcement Authority
- The LTO is authorized to deputize members of the Philippine National Police (PNP), Metropolitan Manila Development Authority (MMDA), and local government units (LGUs) to enforce the Act.
Public Information Campaign
- Within 30 days after the promulgation of the Implementing Rules and Regulations (IRR), the LTO, in coordination with the Philippine Information Agency (PIA), Department of Education (DepEd), and relevant private organizations, must conduct a nationwide three-month information and education campaign.
- Following this, inclusion of the Act’s essential provisions is required in the annual communication programs of the agencies involved.
Implementing Rules and Regulations
- The LTO is the lead agency tasked with formulating the IRR within 90 days from the Act’s effectivity.
Separability Clause
- Should any provision be declared unconstitutional, the remaining provisions will continue in full force and effect.
Repealing Clause
- All laws, decrees, rules, and regulations inconsistent with or contrary to this Act are amended or repealed accordingly.
Effectivity
- The Act takes effect 15 days after its publication in the Official Gazette or in two national newspapers of general circulation.