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S. No.

2488
H. No. 44 62

21\r.publit of fqe Jl1Hippines

filon2rrss of ±4r J4Hippinrs


cfrJHefro cfrJHauila

Begun and held in Metro Manila, on Monday, t he twenty-eighth day


of July, two thousand fourteen .


l REPUBLIC Acr No. 10 6 6 6]
AN ACT PROVIDING FOR THE SAFETY OF CHILDREN
ABOARD MOTORCYLES

Be ii enacled by tire Senate and House of Representatives of the


Philippines in Congress assembled:

SECTION l. Short Title. - This Act s hall be known as


"Children's Safety on Motorcycles Act of 2015".

SEC. 2. Declaration of Policy. -It is the policy of t he State


to defend the right of children to assis tance, including proper
care and nutrition, and special protection from all forms of neglect,
abuse, cruelty , exp loitation, a nd other condition s prejudicial to
their developmem.

Towards this end, the State shall pursue a more proactive


and preventive approach to secui:e the safety of passengers,
especially children, by regula ting the operation of motorcycles
along roads and highways.
3
2

SEC. 3. Definitions. - For purposes of this Act, the following Moreover , for the third offense, the driver's license of the
terms shall mean: offender shall be suspended for a period of one (1) month.

(a) Motorcycle refers to any two (2)-wheeled motor vehicl e Violation of these provisions beyond the third time shall result
having one (1) or two (2) riding saddles; to automatic revocation of th e offender's driver's license.

(b) Public roads refer to roads designed by the nation al SEC. 7. R eview of Penalties. -The Land Transpor tation Office
government or local government units as roads fo~ P:-1blic use (LTO) is hereby empowered to increase or adjust the amounts of
such as, but not limited to, national highways, provmcial roads, fines herein imposed: Provided, That:
city, municipal and barangay streets;
(a) The increase or adjustment is made after public
(c) Foot peg refers to a flat form attached to the motorcycles consultation once every three (3) years from the effectivity of this
on which to stand or brace the feet; and Act and in the amount not exceeding twe nty percent (20%) of the
am ounts sought to be increased or a djusted;
(d) Rider refers to the driver of a motorcycle.
(b) A thor ough study has been conducted indicating that the
SEC. 4. Prohibition. - It shall be unlawful for any person to existing amounts are no longer an effective deterrent;
drive a two (2)-whee led motorcycle with a child on board on
public roads where there is heavy volume of vehicles, th~re_ is a (c) Current relevant economic indices, such as t he Consumer
high density of fast moving vehicles or where a speed hm1t of Price Index (CPI), have been considered in the determination of
more than 60/kph is imposed, unless: the increase or adjustment; a nd

(a) The child passenger can comfortably reach his/her feet (d) The incr eases or adjustment shall only become effective
on the standard foot peg of the motorcycle; fifteen (15) days after its publication in two (2) newspapers of
general circulation.
(b) The child's arms can reach around and grasp the waist
of the motorcycle rider; and SEC. 8. Qualifying Circumstances . - If, in violation of the
provisions of this Act, death shall have resulted or serious or less
(c) The child is wearing a standard protect~ve helmet referred serious injuries shall have been inflicted upon the child or any
to under Republic Act No. 10054, otherwise known (\S the other person , a penalty of one (1) year imprisonment shall be
"Motorcycle Helmet Act of 2009." imposed upon the motorcycle rider or operator of the motorcycle
inv.olved without pr.~judice to the penaltiE'.s provided under Act
SEC. 5. Exception. - Notwithstanding the p_rohibition provided No. 3815, otherwise known as "The Revised P enal Code of the
in the preceding section, this Act shall n ot apply to cases w ~ere .Philippin es';, as am~ndecL. . .
the child to be transported requires immediate medical attention.
SEC. 9. Au,thority to p _epu,tize Traffic En/orcers and Local
SEC. 6. Penalties . - Any person who operates a motorcycle in Qo uernment Units (LGUs) . - To effecti vely imp lement the
violation of Section 4 of this Act shall be fined with an amount of ·provisions of this Act, the LTO is hereby given the authority to
three thousand pesos (P3,000.00) for the first offense; five thousand deputize members of the Philippine National Polic~ (PNP), the
pesos (P5,000.00) for the second offense; and ten thousand pesos Metropolitan Manila Developm ent Authority (MMDA) and the
(Pl0,000.00) for the third and succeeding offenses. LG Us to carry out enforcemen t functions and duties.
.J

4 5

SEC . 10. Public Information Campaign. - Not later than This Act which is a consolidation of Senate Bill No. 2488
thirty (30) days following the promulgation of the Implementing and House Bill No. 4462 was finally passed by the Senate and
Rules and Regulations (IRR) of this Act, the LTO, in coordination the House of Representatives on May 27 , 2015.
with the Philippine Information Agency (PlA), the Department
of Education (DepED) and concerned private organizations and
.-, t1'
M~~~
agencies, shall undertake a nationwide information and education
campaign for a p eriod of three (3) months on the important
provisions of this Act and its IRR.
{ Secreta1y General
Thereafter, the aforementioned agencies shall include the House of Representatives
essential provisions of this Act in their respective annual (
communications programs.

SEC. 11. lmple1nenting Rides and Regulations. - As the lead


agency, the LTO shall formulate the TRR ofthis Act within ninety
(90) days after its effectivity.

SEC. 12. Separchility Clause. - lf for any reason any section


or 1 rovision of this Act i s declared unconstitutional, other
provisions hereof which are not affected thereby shall continue to
be in full force and effect.
0
SEC. 13. Repealing ClatLse. -All laws, decrees, or rules and
regulations which are inconsistent with or contrary to the
provisions of this Act are hereby amended or repealed.

SEC. 14. Effectiuity. - This Act shall take effect fifteen (15)
days after its publication in the Official Gazette or in two (2)
national newspapers of general circulation.

Approved,

·clRTJFIED COPY:

~~~.
FELICIANO BELMONTE JR.
Speaker of the House
of Representatives
----- ---"""\-·
MARIL~ULLETll National News \Nednesday,AugustS,2015
4 111E PHUJPPIJU 1&IJJING tu.nO!W. MtWSPAPl1

(b) A thorough study has been conducted indicating that the


existing amounts are no longer an effective deterrent;;
S. No . 2~88
1-1. No. 4462 ~v.pubHr of flte lfl1ilippiue11 (c) Current relevant economic indices, such as the Consumer

filnugrJ?SS offq:e f Jplippiu:es


Price Index {CJ,>!), have been considered in the determination of
the increa se or adjustment; and
. ~etr11~1mH11 {d) The increases or adjustment shall only become effective
~ixfeentlr filongrP.ss fifteen {15) days after its publication in two (2) newspapers of
general circulation.
);eroull ;!Regular~Hshm
SEC- 8. Qualifying Circumstances. - If, in violation of the
Begun and held in Metro Manila, o_
n Monday, the twenty-eighth day provisions ofthis Act, death shall have resulted or serious or less
of July, two thousand fourteen . serious injuries shall have been inflicted upon the child or any ·
- I I- -
other person, a penalty of one (1) year imprisonment shall be
imposed upon the motorcycle rider or operator of the motorcycle
inv()'l vedwithout pr)?judice to the penalti~s provided under Act·
REPUBLIC Acr No. l 0666 ) No.-3815, otherwise known as "The Revised Penal C ode of the
Philippines ';, as ame:adecf. ·
AN ACT PROVIDING FOR THE SAFETY 01'' CHILDREN
ABOAitD MO'fORCYLES SEC. 9. Authority to Deputize Traffic EnYorcers and Local
Government" Uttits (LGfls). - To effectiveiy implement the
Be it enacted by the St>nale ttnd House of Repruse11ICllb es of Lile1
proVisions of this Act;the LTO is hereby given the authority to
Philippines i11 Congress ass<!mbletl: ' · deputize members ofthe Philippine National Folic!! (PNP), the
Metropolitan Manila Development Authority (MMDA) and the
SECTION 1. Short Title . - Thie Act ehall be known as LGUs to carry out enforcement functions and duties_
" Children's Safety on Motorcycles Act of 2015" . 4

SEC. 2 . Declaration of Policy.


- It is the policy of the State SEC. 10. Pu.blic Information Campaign. - Not lat.er than
to defend the right of children to assistance, including proper thirty (30) days following the promulgation of the Implementing
care and nutrition, and special protection from all forms of neglect, Rules and Regulations (IRR) of this Act, the L TO, .in coordination
a buse, cruelty, exploitation, and other conditions prejudicial to with the Philippine Inform.a tion Agency (PIA). the Department
their devel~pment.. · of Education (De pED) and concerned private organizations and
agencies, shall undertake a nationwide information and education
Tow1wds this end, the State shall pursue a more proactive campaign for a period of three (3) months on the important
and preventive approach to secure the safety of passengers, provisions of this Act and its IRR.
especially children, by regulating the operation of 111otorcycles
along roads and highways. Thereafter, the aforementioned agencies shall include the
2
essential provisions of this Act in their respective ·annual
SEC. 3 . Definiticns. - For purposes of this Act, the following
• comm uoications programs.
terms shall mean: · SEC. 11. Implementing Rules and Regulatiort.s. -As the le.a d
agency, the L TO shall fOI'.m ulate the IRR of this Act.within ninety
(a) Motorcycle refers to any two {2)·wheeled motor vehicle (90) days after its effectivity.
having one (1) or two (2) riding saddles;
SEC. 12. Separability Clau~e ..- If for any reason any section
(b) Public roads refer to roads designed by the national or provision of this Act fa declared unconstitutional, other
government or local government units as roads for public use provisions hereof which are not affected thereby shall continue to
s u ch as, but not limited to, national highways, provincial roads, be in foll force and effect.
city, municipal and ba:rangay streets;
SEC. 13. Repealing Clause. -All l~ws, decrees, or rules and
(c) Foot peg refen to a flat form. attached to the motorcycles regulations which are inconsistent with or contrary to the
o:b. which to stand or brace the feet; and provisions of this Act are hereby amended or repealed.
(d)' Rider refers to the driver of.a motorcycle. SEC. 14. Effectiuity. -This Act shall take effect fifteen (15)
days after its publication ~n the Official Gazette o r in two (2)
SEC. 4. Prohibition. - It shall be unlawful U:>r any person to nationa l newspapers of general circulation.
drive a two (2)-wheeled motorcycle with a child on board on
public roads where there is heavy volume of vehicles, there is a
high density of fast moving vehicles or where a speed limit of Approved.
·more than 60/kpb is imposed, unles s:

(a) The child passenger can comfortably reach hie/her feet


on the s tandard foot peg of the motorcycle; ~~,.~ -
(b) The child's arms can reach around and grasp the waist
FELICIANO~~·
of the motorcycle rider; and Speaker of the House
ofRepresentatives . 5
{c) The child is wearing a standard prot.ecti.ve helmet referred
t o under Republic A ct No. 10054, otherwise known as the. This Act which is a consolidation of. Senate Bill No. 2488
"Motorcycle HelmetAct of2009." ' and House Bill No. 4462 was finally passed by the Senate and ·
the House of Representatives on May 27, 2Dl5.
. SEC. 5. E=eption. -Notwithstanclin,g the P,rohibiti.on provjsled
in the preceding section, this Act shalLnot apply to qases where .~ tf
the child to be transported requires immediate medical attention.

SEC. 6 . Penal.ti.es. -Any person who operates a motor~cle in


M~~~
Se_cretary General
violation of Section 4 of this Act shall be fined with an amount of
three thousand pesos (P3,000.00) for the first offense; five thousand Hous e. of Representatives
pesos {P5,000.00) for the second offense; and ten thousand pesos

2~l'
..
(P l0,000.00) for the third and succeeding offenses. 3
· Moreover, for the third offe.nse , the driver's license of the Approved: l'JOC •
offender shall be suspended for a period of one (1) month.

Violation ofthese·provisions beyond the third time shall result


to automatic revocation of the offender's driver's license . ~ '~
BE:N10Iro s. '.A..QUINO n1
SEC. 7 . Review ofPenal.ti.es. -The Land Transportation Office . President of t e Philippines
(LTO) is h e reby empowered to incre ase or adjust the amounts of

~~
fines herein imposed: Provided, That:
0
,. (a) The i,pc reas e or adjustment is made after public
111iioorfl liiu1namlm~i&11
1
cons ultation once every three (3) years from the effectivity of this
Act and in the amount not exceeding tw~nty percent (20%) of the · PNOYOF649
amounts sought to be increase_d or adjusted;

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