Title
Implementing Rules for Motorcycle Helmet Act RA 10054
Law
Dotc-dti Joint Administrative Order No. 2011-01
Decision Date
Dec 26, 2011
The Philippine Jurisprudence case examines the implementation of Republic Act No. 10054, which mandates the use of standard protective helmets for motorcycle riders, imposes penalties for non-compliance, and outlines the responsibilities of enforcement agencies, manufacturers, and sellers.
motorcycle helmet act
rules and regulations
standard protective helmets

Legal basis and related issuances

  • The Order is promulgated pursuant to Section 6 of Republic Act No. 10054. Pursuant clause
  • Republic Act No. 10054 is the Motorcycle Helmet Act of 2009 requiring standard protective motorcycle helmets for riders and prescribing penalties.
  • The Order integrates compliance and certification frameworks from DTI Administrative Order No. 2, series of 2007 (DAO 2:2007) on product/service responsibilities under Philippine Standard certification mark schemes and prescribing penalties for violations. Section 1.1
  • The Order integrates product and safety certification mark rules under DTI Administrative Order No. 8, series of 2008 (DAO 4:2008). Section 1.2
  • The Order integrates import clearance under the product certification mark scheme under DTI Administrative Order No. 5, series of 2008 (DAO 5:2008). Section 1.3
  • The Order applies related addenda on labeling and fair packaging under DTI Administrative Order No. 1, series of 2008 and referenced rules on Republic Act No. 7394 (Consumer Act of the Philippines). Section 1.4 and Section 11.2
  • The Order’s standards reference includes PNS UN-ECE 22:2007 provisions on approval of protective helmets and visors. Sections 2.10 and 2.7

Policy, purpose, and implementation design

  • The Order establishes compliance and guidance rules for wearing standard protective motorcycle helmets by riders. Section 1
  • The Order provides a nationwide information and education campaign to support compliance before full implementation. Section 13.1
  • The Order coordinates the campaign with specific government agencies and private agencies/organizations. Section 13.1
  • The Order sets the campaign duration as six (6) months from the effectivity of the Joint Administrative Order. Section 13.1

Coverage and defined terms

  • The Order applies to wearing standard protective motorcycle helmets by all motorcycle drivers and back riders while driving in any type of road and highway. Section 1
  • The Order excludes drivers of tricycles from its coverage. Section 1
  • “Product” refers to protective helmet or visors within the scope of the guidelines. Section 2.1
  • “Test Samples” refers to a product randomly chosen from lot or batch. Section 2.2
  • “Manufacturer’s Identifying Mark” refers to a logo or symbol representing the manufacturer’s identity as approved by the BPS. Section 2.3
  • “Accredited Laboratory” refers to a testing laboratory accredited by ILAC or APLAC that conducts tests on representative samples and/or helmets/visors. Section 2.4
  • “Standard Protective Motorcycle Helmets” refers to helmets and visors appropriate for motorcycle riders that comply with DTI specifications and bear the Philippine Standard (PS) Mark or Import Commodity Clearance (ICC) of the BPS. Section 2.5
  • “Import Commodity Clearance (ICC)” refers to a document issued by DTI/BPS attesting that an imported product covered by a mandatory PNS conforms to the specific Philippine National Standard. Section 2.10
  • “PNS UN-ECE 22:2007” refers to uniform provisions for approval of protective helmets and visors for drivers and passengers of motorcycles and mopeds under UN-ECE Protocols. Section 2.11

Prohibited acts and penalties

  • The Order imposes penalties for riders who drive without wearing the standard protective motorcycle helmet or fail to require back riders to wear the same. Section 3.1
  • For a rider’s violation under Section 3.1, the fine is:
    • PHP 1,500 for the first offense;
    • PHP 3,000 for the second offense;
    • PHP 5,000 for the third offense;
    • PHP 10,000, in addition to confiscation of the driver’s license, for the fourth and succeeding offenses. Section 3.1
  • The penalty for driving or riding without any helmet is the same as the penalty for driving without the standard protective motorcycle helmet or failing to require the back rider to wear one. Section 3.1
  • The Order penalizes sellers/dealers who sell or deal in a new motorcycle unit without making available a new standard protective motorcycle helmet to the purchaser in violation of Section 5 of Republic Act No. 10054. Section 3.2
  • For Section 3.2 violations, the fine is:
    • PHP 10,000 for the first offense; and
    • PHP 20,000 for the second offense. Section 3.2
  • The Order penalizes sellers/dealers who sell and distribute substandard motorcycle helmets or helmets that do not bear the PS mark or ICC mark, and the penalty is without prejudice to other penalties under Republic Act No. 7394. Section 3.3
  • For Section 3.3 violations, the fine is:
    • PHP 3,000 for the first offense; and
    • PHP 5,000 for the second offense. Section 3.3
  • The Order penalizes sellers/dealers who tamper, alter, forge, and imitate a PS mark and ICC mark on helmets. Section 3.4
  • For Section 3.4 violations, the fine is:
    • PHP 10,000 for the first offense; and
    • PHP 20,000 for the second offense. Section 3.4
  • The Order states that DOTC/LTO enforcers impose the appropriate penalties for Section 3.1 acts. Section 4.4

DTI/BPS and DOTC/LTO roles

  • In addition to the duties under DAO 4:2008 and DAO 5:2008, the BPS must:
    • inform PS licensees/ICC holders of any change(s) in the standard; Section 4.1.1
    • conduct final evaluation of factory and product assessment reports, test reports, and relevant documents from DTI regional/provincial offices and/or recognized inspection/testing bodies; Section 4.1.2
    • issue, deny, or revoke licenses/certificates based on evaluation of factory/product assessment, product testing, and compliance/noncompliance with DAO 4:2008, DAO 5:2008, and other BPS rules; Section 4.1.3
    • coordinate with DTI regional/provincial offices and the DTI Office of Legal Affairs in identifying and implementing legal action against manufacturers, assemblers, importers, sellers, and dealers violating Republic Act No. 7394 and Republic Act No. 10054 and pertinent rules. Section 4.1.4
  • The DTI must consider recommendations from law enforcement agencies, LGUs, and non-governmental organizations to ban full-faced helmets for crime prevention and detection and other security reasons. Section 4.2
  • DTI Regional/Provincial Offices must:
    • facilitate processing of PS applications (factory/product assessment) and ICC applications (evaluation, inspection, sampling, and issuance/denial); Section 4.3.1
    • conduct market monitoring and enforcement of standards; Section 4.3.2
    • take legal action against persons found to have committed acts described in Sections 3.3, 3.4, and 3.5. Section 4.3.3
  • DOTC and the LTO enforcers must impose appropriate penalties for Section 3.1 acts. Section 4.4
  • For enforcing Section 3.1, DOTC/LTO enforcers are authorized to:
    • stop a moving motorcycle if the driver and/or rider is not wearing any helmet; or Section 4.4.1
    • inspect the helmet worn if it is plainly not a standard protective motorcycle helmet. Section 4.4.1
  • A motorcycle driver and/or rider wearing a helmet with a PS or ICC mark is prima facie compliant with Republic Act No. 10054 and these rules. Section 4.4.2
  • If the rider is not wearing a helmet, or the helmet has no PS or ICC mark, DOTC/LTO enforcers must issue the necessary citation ticket imposing the appropriate penalty. Section 4.4.3

Certification applications, sampling, and testing

  • Manufacturers must apply for the PS Quality and/or Safety Certification License with the BPS or the nearest DTI Regional/Provincial Office, and PS application requirements and procedures are governed by DAO 4:2008 and its implementing rules. Section 5.1
  • Importers must apply for ICC on a per shipment per bill of lading basis with the BPS or the nearest DTI Regional/Provincial Office, and ICC application requirements and procedures are governed by DAO 5:2008 and its implementing rules. Section 5.2
  • In the absence of testing facilities, importers must warrant that imported helmets and visors comply with the applicable standards by:
    • submitting testing by laboratories accredited by an accreditation body signatory to ILAC or APLAC Multilateral Recognition Arrangement (MRA); Section 5.3.1
    • ensuring testing is conducted according to PNS UN-ECE 22:2007; and Section 5.3.2
    • ensuring the Original Test Certificates are evaluated by the BPS. Section 5.3.3
  • Those who purchased or received helmets and visors from a foreign country must secure clearance from the BPS or the nearest DTI Regional/Provincial Office prior to use, if the helmets/visors bear conformity markings to PNS-UN-ECE Reg 22-2007. Section 5.4
  • Sampling may be observed by a duly authorized DTI/BPS representative or Inspection bodies, consistent with the referenced clauses of PNS UN-ECE Reg 2007. Section 6
  • Testing must be conducted by the BPS Testing Center or a BPS accredited/recognized testing laboratory in accordance with applicable PNS UN-ECE Reg 22-2007 requirements. Section 7.1
  • Additional samples may be requested by the BPS Testing Center or BPS-designated/recognized testing laboratories if necessary. Section 7.2
  • Test samples for manufactured products must be taken at random either in the production line or warehouse; test samples for imported products must be taken at random directly from Customs or the importer’s warehouse. Section 7.3
  • For independent tests, test samples must be packed/sealed and signed in the presence of a DTI/BPS representative or BPS-designated inspector, then sent by the manufacturer or importer to the BPS Testing Center or BPS-designated/recognized laboratory. Section 7.4
  • The authorized DTI/BPS representative must ensure the request for test form is properly filled up, signed, and issued to the manufacturer or importer. Section 7.4
  • No additional preparation, modification, or adjustment may be done on the drawn test samples before testing. Section 7.5
  • In the absence of testing facilities, the BPS may utilize laboratories accredited by ILAC or APLAC operating within or outside the Philippines that are signatories to the MRA, subject to BPS agreement with local manufacturers. Section 7.6
  • Official independent testing must be conducted by BPS designated/recognized testing laboratories, whether located within or outside the Philippines. Section 8.1
  • Two separate tests with two (2) failing results are required before a declaration that the product does not conform to the standard. Section 8.2
  • If the first sample fails, BPS must test another set of samples from the same lot/batch; if retesting passes, the lot/batch is declared compliant with the standard’s requirements. Section 8.3
  • If both the first and retested samples fail to conform to PNS UN-ECE Reg 22-2007, the application must be denied. Section 8.4
  • If the product has an accompanying test report accepted by BPS, BPS must verify the product through testing or inspection. Section 8.5
  • All test results must be held strictly confidential by the BPSTC or the concerned designated/recognized laboratory; test reports furnished to manufacturers/importers are for product certification purposes only. Section 8.6

Sample disposition and accountability

  • After a unit has been tested, it must be returned to the manufacturer/importer. Section 9.1
  • Samples that fail to comply must be stored at the concerned testing laboratory for reference purposes if the manufacturer/importer contests the result. Section 9.2
  • If not contested after two (2) months from issuance, the test report becomes final and the samples must be returned to the manufacturer/importer or disposed of in a manner under existing accounting and auditing rules. Section 9.2
  • BPS and the testing laboratory are not liable for damage sustained by test samples during transport and testing. Section 9.3
  • Upon notice of disposal, the manufacturer/importer must pick up samples within one (1) month; otherwise, BPS must dispose of the samples in a manner under existing accounting and auditing rules. Section 9.3

Responsibilities and marking obligations

  • PS Safety Certification License must be issued to the manufacturer for the type(s) tested when factory/product assessments show conformity with the requirements in DAO 4:2008, its implementing rules, PNS UN-ECE Reg 22-2007, its implementing guidelines, and other DTI/BPS rules and regulations. Section 10.1.2
  • ICC must be issued to importers whose products conform to the requirements in PNS UN-ECE Reg 22-2007, these implementing guidelines, and other DTI/BPS rules and regulations. Section 10.1.3
  • PS licensees must abide by the terms and conditions of the PS license and are governed by DAO 4:2008 and its implementing rules and regulations. Section 10.2
  • ICC holders must abide by the terms and conditions of the ICC and are governed by DAO 5:2008 and its implementing rules and regulations. Section 10.3
  • Traders must ensure only approved helmets and visors are made available in their establishment, and dealers of motorcycle must ensure stocks of DTI-approved helmets and visors are available. Section 10.4
  • Motorcycle riders must always ensure only DTI-approved helmets and visors are used when riding motorcycles. Section 10.5
  • All helmets and visors must comply with marking requirements of PNS UN-ECE Reg 22-2007 and DAO 1:2008, whichever is applicable. Section 11.1
  • Imported helmets and visors must bear markings and labels in accordance with RA 7394 and DTI Administrative Order No. 1:2008, in addition to PNS UN-ECE requirements. Section 11.2
  • The PS Certification Mark License must not be used on helmets and visors in a misleading manner. Section 11.3
  • The PS Certification Mark or ICC Mark with ICC number must be permanently attached, affixed, or imprinted on the product in a practical way to avoid misuse, covered by the corresponding PS Certification Mark License or ICC Mark. Section 11.4

Monitoring, surveillance, and revocation

  • The BPS and DTI Regional/Provincial Offices must at any time monitor and inspect products in the market for conformance with DAO 1:2008, DAO 2:2007, DAO 4:2008, DAO 5:2008, and the specific standard, and must take appropriate actions or impose necessary legal actions if products are not in conformity. Section 12
  • All issuances pertaining to the implementation of rules on motorcycle helmets and visors are revoked or superseded. Section 13.2

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