Law Summary
Declaration of Policy
- Aims to safeguard motorcycle riders and passengers from fatal or life-threatening accidents.
- Emphasizes a preventive approach through mandatory use of standard protective helmets.
Mandatory Use of Motorcycle Helmets
- All motorcycle riders, including drivers and back riders, must wear standard protective helmets at all times while driving.
- Applies regardless of trip length or type of road/highway.
- Standard helmets must comply with specifications issued by the Department of Trade and Industry (DTI).
- DTI is responsible for issuing relevant guidelines.
Exemption
- Drivers of tricycles are exempted from the helmet-wearing requirement.
Provision of Motorcycle Helmets
- Sellers/dealers must provide new helmets bearing the Philippine Standard (PS) mark or Import Commodity Clearance (ICC) with new motorcycle units.
- Buyers have the option but it is mandatory for sellers/dealers to make helmets available.
- Non-compliance by sellers/dealers constitutes a violation of the Act.
Implementation
- Department of Transportation and Communications (DOTC) and Land Transportation Office (LTO) tasked with issuing implementation guidelines.
- DTI through the Bureau of Product Standards (BPS) applies United Nations Economic Commission for Europe (UNECE) protocols for helmet standards.
- Mandatory testing of manufactured/imported helmets by BPS.
- Manufacturers and importers must secure PS license or ICC before sale or distribution.
- BPS will publish lists of compliant manufacturers, importers, and helmet brands.
- Only helmets with PS or ICC marks may be sold upon the Act's effectivity.
Penalties
- Failure to wear helmet:
- 1st offense: Php1,500 fine
- 2nd offense: Php3,000 fine
- 3rd offense: Php5,000 fine
- 4th & subsequent offenses: Php10,000 fine plus driver's license confiscation
- Sellers/dealers failing to provide helmets: Php10,000 to Php20,000 fine.
- Using/selling/distributing substandard helmets (without PS or ICC marks):
- 1st offense: Php3,000 fine
- 2nd offense: Php5,000 fine
- Subject to additional Consumer Act penalties.
- Tampering, forging PS marks or ICC certificates:
- Php10,000 to Php20,000 fine
- Subject to additional Consumer Act penalties.
Nationwide Public Information Campaign
- LTO, in coordination with the Philippine Information Agency (PIA), Department of Education (DepED), and private entities, to conduct a 6-month information, education, and communication campaign.
Separability Clause
- Invalid or unconstitutional provisions do not affect the remainder of the Act which remains valid.
Repealing Clause
- Laws, decrees, orders, rules, and regulations inconsistent with this Act are repealed or modified accordingly.
Effectivity Clause
- The Act takes effect 15 days after its publication in at least two newspapers of general circulation.