Law Summary
Key Definitions
- Protective helmets or visors: Products covered by these guidelines.
- Test Samples: Randomly chosen products from a batch for testing.
- Manufacturer's Identifying Mark: Logo or symbol approved by Bureau of Product Standards (BPS).
- Accredited Laboratory: Labs accredited by ILAC or APLAC for helmet testing.
- Standard Protective Motorcycle Helmets: Helmets complying with DTI specifications bearing PS or ICC marks.
- Philippine National Standards (PNS): Standards ensuring product quality and safety.
- PS Quality and Safety Certification Marks: Marks indicating conformity to quality and safety standards.
- Import Commodity Clearance (ICC): Document certifying imported products comply with mandatory PNS.
- PNS UN-ECE 22:2007: Standard for approval of protective helmets under UN Economic Commission protocols.
Acts Punishable and Corresponding Penalties
- Driving without wearing or requiring backriders to wear standard helmets: fines increase progressively from P1,500 to P10,000 with license confiscation on fourth offense.
- Selling new motorcycles without providing a standard helmet: fines of P10,000 and P20,000 for first and second offenses.
- Selling or distributing substandard helmets without PS or ICC marks: fines of P3,000 and P5,000 for first and second offenses.
- Tampering, forging or imitating PS or ICC marks: fines of P10,000 and P20,000 for first and second offenses.
Authorities and Responsibilities of DTI and DOTC
- BPS duties: inform licensees of standard changes; conduct evaluations; issue/revoke licenses; coordinate legal actions.
- Consider banning full-faced helmets for security reasons.
- Regional DTI offices: process applications; conduct market monitoring; take legal action against violators.
- DOTC/LTO enforcers: impose penalties; authorized to stop motorcycles not wearing standard helmets.
- Helmets with PS or ICC marks presumed compliant.
Application Procedures for PS or ICC Marks
- Manufacturers apply at BPS or DTI offices per DAO 4:2008.
- Importers apply for ICC per shipment per DAO 5:2008.
- When no local testing, importers must provide proof of testing by accredited labs according to PNS UN-ECE 22:2007.
- Used helmets from abroad must secure BPS clearance if bearing conformity marks.
Sampling and Testing Procedures
- Sampling must comply with provisions of PNS UN-ECE Reg 2007.
- Testing performed by BPS Testing Center or accredited labs per PNS UN-ECE 22:2007.
- Additional samples may be requested if necessary.
- Samples for testing taken randomly from production or customs.
- Samples sealed and signed in presence of authorized representatives.
- No alteration before testing allowed.
- BPS may use internationally accredited labs when local facilities are unavailable.
Independent Testing and Results
- Two tests required; two failing results lead to non-compliance declaration.
- Retest performed if first test fails; passing retest means compliance.
- Failed tests with confirmed results lead to application denial.
- Verification and confidentiality of test results maintained.
Disposition of Samples
- Tested samples returned to manufacturer/importer.
- Failed samples stored for reference for two months.
- Samples disposed per accounting rules if unclaimed after one month.
- BPS and testing labs not liable for damage during testing or transport.
Compliance and Responsibilities
- PS licensees and ICC holders must comply with licensing terms under respective DAOs.
- Traders must only supply approved helmets and visors.
- Dealers required to keep stocks of approved protective helmets.
- Motorcycle riders must use only approved helmets and visors.
Required Markings
- All helmets and visors to comply with PNS UN-ECE Reg 22:2007 marking requirements.
- Imported helmets must also comply with RA 7394 and DTI DAO 1:2008 labeling rules.
- PS or ICC marks must be permanently affixed to products to prevent misuse.
Monitoring and Market Surveillance
- BPS/DTI offices to monitor and inspect helmets anytime.
- Enforcement actions and legal sanctions against non-conforming products administered.
Transitory Provisions and Effectivity
- Nationwide information campaign by LTO with agencies for six months prior to full implementation.
- Previous issuances on motorcycle helmets revoked or superseded.
- Order effective 15 days after publication in newspapers and circulation to UP Law Center.