REPUBLIC ACT NO. 10054

REPUBLIC ACT NO. 10054

REPORTERS: ABENDAN, MARVIN JAMES CORPOSALES, JAY NINO GARCIANO, RON VILLANO, ARNOLD JOHN

AN ACT MANDATING ALL MOTORCYCLE RIDERS TO WEAR STANDARD PROTECTIVE MOTORCYCLE HELMETS WHILE DRIVING AND PROVIDING PENALTIES THEREFOR This Act shall be known as the "Motorcycle Helmet Act of 2009"

At the end of the topic the listeners will be able to;

• Define/know what is Republic Act No. 10054 all about and why does such law has been created.
• Appreciate the approval of the said law.
• Apply Republic Act No. 10054 into real life situations in order to avoid not just the penalties but the possible problems or accident that may occur when the said law is not observed.

Objective of the Report

Section 3. Mandatory Use of Motorcycle Helmets. - All motorcycle riders, including drivers and back riders, shall at all times wear standard protective motorcycle helmets while driving, whether long or short drives, in any type of road and highway.

• Standard protective motorcycle helmets are appropriate types of helmets for motorcycle riders that comply with the specifications issued by the Department of Trade and Industry (DTI).
• The DTI shall issue guidelines, which should include the specifications regarding standard protective motorcycle helmets.

Section 4. Exemption. - Drivers of tricycles shall be exempted from complying with the mandatory wearing of motorcycle helmets as provided in this Act.

Definition of Terms

• Any person caught now wearing the standard protective helmet (full-face, open-face [3/4] and half-head).
• Any person who uses, sells and distributes substandard motorcycle helmets or those which do not bear the PS mark or the ICC certificate shall be punishable within this law.
• Tampering, alteration, forgery and imitation of the PS mark and the ICC certificates in the helmets shall be punishable within this law.
• Any seller and/or dealer who violates Section 5 of this Act shall be punished

Punishable Acts

• Any person caught not wearing the standard protective motorcycle helmet in violation of this Act shall be punished with a fine of:

Jurisdiction/Penalty

• Any seller and/or dealer who violates Section 5 of this Act shall be punished with a fine of not less than Ten thousand pesos (Php10,000.00) but not more than Twenty thousand pesos (Php20,000.00).
• Any person who uses, sells and distributes substandard motorcycle helmets or those which do not bear the PS mark or the ICC certificate shall be punished with a fine of: without prejudice to other penalties imposed in Republic Act No. 7394 or the "Consumer Act of the Philippines".

Jurisdiction/Penalty

• Tampering, alteration, forgery and imitation of the PS mark and the ICC certificates in the helmets shall be punished with a fine of not less than Ten thousand pesos (Php10,000.00) but not more than Twenty thousand pesos (Php20,000.00), without prejudice to other penalties imposed in Republic Act No. 7394 or the "Consumer Act of the Philippines".

JURISDICTION: Section 6 of RA 10054 states that The Department of Transportation and Communications (DOTC), with its attached agency, the Land Transportation Office (LTO), is mandated by this Act to issue guidelines necessary to implement the provisions of this Act. Moreover, the other government agencies that can enforce RA 10054 are the local traffic enforcers like the City of Talisay Traffic Operations Development Authority (CT-Toda), CTTO (Cebu City Transportation Office) formerly known as CITOM (Cebu City Traffic Operations Management) and the PNP policemen specifically those who are assigned with traffic operations like the Highway Patrol Group (HPG).

Jurisdiction/Penalty

• I have observed that although not wearing of helmet is indeed punishable under this act, what is commonly overlooked is the “not wearing the STANDARD protective motorcycle helmet”. Standard in the sense that the helmet must be full-face, open-face [3/4] and half-head helmet wherein wearing of shangyang helmet and BMX helmet is NOT a standard helmet, thus this must be punishable under this act but most of the time it is overlooked especially by traffic enforcers. Prescribed helmet of the LTO must at least cover the ears of the rider thus half-head is the bear minimum helmet allowed.

Recommendation/Observation/Conclusion

• I recommend that all motorcycle riders, including drivers and back riders, should always wear standard protective motorcycle helmets when driving on any sort of road or highway, no matter how long or short. Motorcycle helmets that are full-face, open-face, or half-head that fulfill the guidelines specified by the Department of Trade and Industry (DTI) are appropriate for motorcycle riders. Motorcyclists who violates the limits might be stopped by DOTC / LTO authorities. They must, however, wear recognized standard-protective motorcycle helmets wherever necessary, and if these are unavailable, they must wear the best that society can provide. Local traffic enforcers would also implement the wearing of standard protective helmet and not just the LTO or the PNP HPG since traffic enforcers are present most of the time. They should at least give warning to riders wearing shangyang or BMX helmet or other helmet that is not prescribed nor is the standard helmet since it is also for the safety of the rider. There are open face helmet available in local markets which are less than one thousand pesos (₱1,000.00) that can provide much safety than shangyang or BMX helmets.
• I conclude that people will never learn unless they are punished. Implementation of the law must be observed so that people will listen and be knowledgeable of the laws regarding traffic. It does not necessarily mean that we must be harsh and fine them all the time but rather simple warning can give them the idea that they must follow it or there could be consequences the next time they violate it again.

Recommendation/Observation/Conclusion

• https://lawphil.net/statutes/repacts/ra2010/ra_10054_2010.html
• https://www.sunstar.com.ph/article/1813043/cebu/local-news/apprehension-awaits-drivers-without-helmets
• https://www.philstar.com/cebu-news/2010/09/23/614204/citom-no-arrests-if-kids-motorbikes-wear-helmets
• https://cebudailynews.inquirer.net/216552/ccto-to-proceed-with-confiscating-drivers-licenses-despite-warning-from-lto
• Filipino Driver’s Manual Vol. 1 and 2

References

THANKS!

PEPUBLIC ACT NO. 10054