EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENATE 
S.B. No. 2263
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INTRODUCED BY: SENATOR EMMANUEL D. PACQUIAO
MOTORCYCLE RIGHTS AND SAFETY ACT OF 2021
EXPLANATORY NOTE
For a significant number of years now the country and its communities have 
witnessed a continued rapid growth of motorcycle usage, the bursting increase of the rider or 
motorcycle user community, and the burgeoning and development of the motorcycle and 
accessories sales and repair and maintenance industries.
The use of motorcycles is recognized, especially within the rider commimity, as a 
means to avoid or bypass traffic in urban areas because of its mobility and supposed ease of 
operation, and its ability to access routes and spaces not allowable or accessible to other 
vehicles. The sight of a long line of motorcycles weaving in and around slow or stopped 
traffic or of a large group of motorcycles massing at the head of traffic is now common in 
city streets.
On the other hand, that same use is at times viewed, especially from the point of other 
vehicle drivers, as an additional bane to the already troublesome traffic. It may even create 
some concerns for the environment.
The continuing effects of the Covid-19 pandemic in the coimtry also increased the use 
of motorcycles for moving and delivering products and papers.
To the rider or user, a motorcycle is affordable and economical to use. It can be faster 
than urban traffic and can help meet time requirements of work and business. It can create 
income and support a regular livelihood. It also requires smaller space for parking and 
responds to a limited home garage requirement. It is a means to commiute, to carry and 
deliver goods, to ferry passengers, and it can even provide sport and recreation.
These advantages have resulted to swell the number of riders to more than fifteen 
million, as some rider organizations have estimated. That estimate represents well over one- 
tenth of the Philippine domestic population.


Concomitant to the increase in both usage and riders, a coordinate boom in the 
motorcycle sales and motorcycle repair and maintenance industries has happened. These 
industries not only address the essential requirements of providing motorcycles to the riders, 
but also meet to some degree the riders’ hopes for the better handling and safer operation of 
their motorcycles, and even for personal expression in their ownership of the property.
The increase in usage and riders, and the boom in sales stores and repair and 
maintenance shops have emphasized the need for a focused enactment that will address the 
safe and disciplined use of motorcycles, and the regulation of its trade.
There is a loudening clamor for the State to assist in providing education and training 
in motorcycle use and safety protocols, and to provide technically correct, responsive and 
consistent laws and regulations that ensure order and safety, while minimizing conflict, 
confusion and misinterpretation.
This bill seeks to recognize the rights of motorcycle riders and users, address their and 
other vehicle drivers’ safety concerns, and regulate the industry that supports them.
In view of the foregoing, approval of this bill is earnestly sought.
ACQUIAO


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
SENATE
S.B. No. 2263
INTRODUCED BY: SENATOR EMMANUEL D. PACQUIA
DATE
TW.1E
MOTORCYCLE RIGHTS AND SAFETY ACT OF 2021
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled:
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Section 1. Short Title. This Act shall be known as "The Motorcycle Rights and Safety
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Act of2021."
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Section 2. Declaration of Policy. It is a policy of the State to recognize, protect and
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promote the rights of motorcycle owners and users to proper standards of ownership and use, to
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their safe operation, and to reasonable and responsive regulation of the trades supporting the said
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ownership and use.
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Section 3. Definition of Terms. For the purposes of this Act, these terms are defined as
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follows:
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a. Motorcycle. — Consistent with definitions that are issued by the Government’s
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Land Transportation Office (LTO), as the same may be amended from time to time, it shall refer
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to a two-wheeled motor vehicle having one or two riding saddles. For the purpose of this Act, it
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shall include the moped, the scooter, as Well as the three-wheeled vehicle commonly known as a
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trike or big bike, and three-wheeled vehicles that are operated for private use.
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For clarity and avoidance of conflict, this Act shall not cover and govern tricycles or
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other three-wheeled vehicles that are granted franchises to be carriers of persons and goods.
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However, it shall be presumed that a three-wheeled vehicle that is being operated without such
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franchise is therefore in private use.
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b. Rider. - It shall refer to the licensed operator of a motorcycle.


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c.
rider.
Passenger, pillion or Back-Rider. - It shall refer to the person sitting behind the
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d. Highways. - It shall refer to every public thoroughfare, public boulevard,
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driveway, avenue, street, road, park, alley, callejon, but shall not include roadways upon grounds
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owned by private persons, colleges, universities, or other similar institutions.
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Parti
The Motorcycle and Its Parts
Section 4. Stock Unit, Standard Parts and Accessories. — The motorcycle model 
purchased by a person, together'with its original equipment manufacturer (OEM) parts and 
components essential for the movement of the motorcycle shall be considered as the stock unit. 
The classification as such stock unit shall consider the accepted T-CLOCS System for tires and 
wheels, controls, lights, oils and other liquids, chassis, and stands.
Together with the parts and components necessary for the movement of the motorcycle, 
the handlebars and side mirrors, riding saddles, horn, brake and brake assembly, headlights, 
turning signal lights, foot rests, muffler, and stands, shall be considered as essential or standard 
parts of the motorcycle. In no case shall the said parts and components be considered as 
accessories.
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Other parts of the motorcycle, whether purchased and installed together with the stock
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imit or obtained and installed after said original purchase, shall be considered as aftermarket
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parts and accessories, even if they are confirmed or perceived to improve the handling and ride,
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safety, operation or appearance of the motorcycle.
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Section 5. Standards for Parts, Components and Accessories. — The LTO, in consultation
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with the Department of Trade and Industry (DTI) and with recognition of developments in
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technology and standards specified and/or recommended by international organizations,
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motorcycle manufacturers and dealers shall set and regularly update acceptable standards for
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motorcycles and their standard parts and components that may be sold and operated within the
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coimtry.
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Applicable standards shall also be set by the LTO, in consultation with the DTI,
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aftermarket manufacturers or suppliers, technical experts and other stakeholders, for motorcycle
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aftermarket parts and accessories or types thereof, the installation of said parts and accessories,
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and the loading and carrying limits of said parts and accessories on the motorcycle, but the same
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shall be sold in the country only upon prior and appropriate research, certification or testing by
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the LTO for safe use by the rider, with safety certification and, if necessary, with operation
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conditions and requirements for the promotion of the safety of the rider all other road users.
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No accessory shall be allowed that obstructs the vision of the rider, exceeds the loading
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and carrying capacities of the motorcycle, prevents or restricts the proper operation of the
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motorcycle, clearly endangers surrounding persons and/or other road users, causes a nuisance to
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the public, or emits unacceptable levels of odor, smoke or noise,
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Section 6. Amendment of Section 8 of R. A. No. 4136. — The portion of the Table
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Classification for “Mopeds” in Section 8 of Republic Act (R. A.) No. 4136 shall be amended to
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read as follows:
Mooeds / Motorcycles
fO-49 cc)
Moneds / Motorcycles
(50 cc over) without sidecar
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Section 7. Amendment of Section 34, subparagraph (j) of R. A. No. 4136. — Section 34,
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subparagraph(j)ofR. A, No. 4136 shall be amended to read as follows:
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“(j) Mufflers. — Every motor vehicle propelled by an internal combustion engine shall be
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equipped with a muffler, arid whenever said motor vehicle passes through a street of any
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city, municipality, or thickly populated district or barrio, the muffler shall not be cut out
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or disconnected. No motor vehicle shall be operated in such a maimer as to cause it to
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emit or that emits a noise louder than 99 decibels (dB) as measured in accordance
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with the applicable LTO MVIS procedure with consideration of the Society of
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Automotive Engineering fSAE) International J2825 Mav 2009 Recommendation or
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make any unnecessary or disagreeable odor or smokOi or-noise.”
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Section 8. New provision for Section 34 of R. A. No. 4136. — A new subparagraph (k) for
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Section 34 of Republic Act No. 4136 shall be added to read as follows:
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“(k) Aftermarket parts and accessories. - For as long as the abovementioned
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provisions are not adversely affected or violated, aftermarket parts and accessories
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that do not negatively affect the safety of the use and operation of a vehicle, do not
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obstruct the vision of the driver or rider, do not exceed the loading and carrying
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capacities of the vehicle, do not prevent or restrict the proper operation of the
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vehicle, do not clearly endanger surrounding persons, vehicles and/or other road
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users, do not cause a nuisance to the public, or do not emit unacceptable levels of
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odor, smoke or noise, are allowed provided that they are sold by legal and DTI
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registered sellers.”
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Section 9. Modifications and Replacements to the Motorcycle. - Modifications of the
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motorcycle stock imit and/or the standard parts or components, whether by way of adding new
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standard parts or components or adjusting, upgrading, modifying, or replacing standard parts or
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components, as differentiated fix)m the ordinary repair or replacement of damaged standard parts
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or components and the installation or addition of accessories, may be made as long as it falls
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within the regulations set by the LTO. However, any numbered owner-identifying parts thereof,
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may only be made upon prior application with and approval of the LTO. The placement of
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stickers that do not affect the operation of the motorcycle shall in no way be considered as a
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modification.
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“(j) Mufflers. - Every motor vehicle propelled by an internal combustion engine shall be 
equipped with a muffler, and whenever said motor vehicle passes through a street of any 
city, municipality, or thickly populated district or barrio, the muffler shall not be cut out 
or disconnected. No motor vehicle shall be operated in such a manner as to cause it to 
emit or that emits a noise louder than 99 decibels CdBl as measured in accordance
with the applicable LTO MVIS procedure with consideration of the Society of
Automotive Engineering fSAE) International J2825 Mav 2009 Recommendation or
make any unnecessary or disagreeable odor, smoke or noise.”
II
The Rider, Back-Rider and Use of the Motorcycle
Section 10. Amendment of Section 3, subparagraphs (d) and (e) ofR. A. No. 4136. - In 
recognition of current usage, for clarity, and for consistency with this Act, Section 3, 
subparagraphs (d) and (e) of Republic Act No. 4136 shall be amended to read as follows:
“SECTION 3. Words and Phrases Defined. - As used in this Act:
XXX XXX XXX
“(d) “Driver” and/or “Rider” shall mean every and any licensed operator of a 
motor vehicle.
“(e) “Professional driver” and/or “Professional rider” shall mean every and any 
driver hired or paid for driving or operating a motor vehicle, whether for private 
use or for hire to the public.
“Any person driving his own motor vehicle for hire is a professional driver or 
professional rider.”
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Section 11. Licensing for Use. - The LTO shall develop and implement the requirement
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of satisfying a strict motorcycle written examination that is randomized in time to prevent
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template cheating, together with a coordinate practical course test, in order to determine the
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capability and qualification of an individual to operate a motorcycle prior to the issuance to said
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individual of an R1 license. In addition to the foregoing, riders of company service motorcycles,
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including delivery service motorcycles, shall be required to imdergo a special training and satisfy
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a test on road safety protocols conducted by a TESDA and/or HPG certified training facility.
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Section 12. Revocation of License. — The LTO shall automatically revoke the license of a
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rider that is apprehended in the operation of a motorcycle tmder the influence of alcohol or a
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prohibited drug, whether or not such apprehension is made in conjunction with another violation.
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Section 13. Back-Rider. - For the safety of motorcycle users and other road users, no
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ordinance or regulation shall be enacted or implemented that will allow more than one back-rider
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on a motorcycle. A back-rider is only allowed to use a motorcycle if the back-rider is provided
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appropriate space on the riding saddle and foot rests.
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Section 14. Motorcycle Safety Program. — The LTO shall create and develop a program
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to identify and address concerns regarding motorcycle safety in national and local highways. The
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program shall specify indicators on the causes of accidents, injuries and deaths involving the use
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of motorcycles with a view of preventing the same. The program shall require, through a
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procedure that the LTO shall impose, existing riders, especially but not limited to those involved
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in violations, and individuals applying for a license, to attend education seminars on safety
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protocols in the use of motorcycles and the highways.
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The TESDA, in coordination with the LTO, shall create and develop national certification
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programs with level NC2 and NC3 respectively for the rider and the trainer.
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Section 15. Helmet and Other Protective Equipment. — No rider or back-rider shall be
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allowed to use a motorcycle without an approved motorcycle helmet that is properly worn as
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indicated on RA10054. For this purpose, the LTO, in consultation with the DTI and with
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recognition of accepted products by international motorcycle organizations, shall determine and
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regularly update approved motorcycle helmet products and the requirements for their appropriate
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wearing. For the same purpose and for national dissemination, the DTI shall maintain and update
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in its website or in that of the appropriate office under it the listing of standard markings of LTO
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and DTI-approved motorcycle helmets to serve as a consistent guide for enforcers. Additional
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protective equipment may only be required upon determination of the LTO, with prior
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consultation with all stakeholders and, information therefor similarly disseminated by the DTI.
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Only DTI registered sellers shall be authorized to sell motorcycle helmets and other protective
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equipment.


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Subsequently, all motorcycle riders and back-riders shall, at all times, wear shoes while
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the motorcycle is in operation on a highway. Slippers, sandals, flipflops and other similar
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footwear are not allowed in accordance to the safety and protection of all riders and their back-
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riders.
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Section 16. Amendment of Section 4, subparagraph (c) (7) of R. A. No. 4136. - For
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orderliness in enforcement and completeness of coordinate authority. Section 4, subparagraphs
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(c) (7) of Republic Act No. 4136 shall be amended to read as follows:
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“(7) The Philippine Highway Patrol and the city and municipal police forces are
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hereby given the authority and the primary responsibility and duty to prevent
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violations of this Act, and to cany out the police provisions hereof within their
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respective jurisdictions: Provided, That all said enforcers are duly deputized by
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the LTO and in the apprehension of violators are in complete and
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appropriate uniform and carry their current written deputation for showing
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to the violator, and apprehensions made shall be submitted for final disposition
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to the Commissioner and his deputies within twenty-four hours from the date of
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apprehension.”
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Section 17. Amendment of Section 56, subparagraph (j) °f ^ 
^°- 4136. - An
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exception to the definition of the violation in Section 56, subparagraph (j) of R. A. No. 4136
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shall be inserted, in order for said subparagraph to read as follows:
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“(j) For using private passenger automobiles, private trucks, private motorcycles,
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and motor wheel attachments for hire, unless the driver or rider is granted a
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valid and current certificate of public conveyance, in violation of Section
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seven, subsections (a), (b), and (c), of this Act, a fine of two hundred pesos and
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suspension of driver’s license for a period of three months for the first conviction;
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a fine of three hundred pesos and six months imprisonment of one year and
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permanent revocation of the driver’s license for the third conviction.”
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Section 18. Amendment of Section 5 (b) of R. A. No. 4136. — Section 7, second paragraph,
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subparagraph(b)ofR. A. No. 4136 shall be amended to read as follows:
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“(b) For Hire. — Motor vehicles registered imder this classification are those
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covered by certificates of public convenience, or special permits such as the
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Transport Network Vehicle Services rrNVSl or those for Motorcycle Taxis
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that are issued by the Land Transportation Franchising and Regulatory
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Board fLTFRB). and shall be subject to the provisions of the Public Service Act
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and the rules and regulations issued thereunder, as well as the provisions of this
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Act.”
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Section 19. New provision for Section 56 of R. A. No, 4136. — A new subparagraph (o) to
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Section 56 of R, A. No. 4136 shall be added that will read as follows:
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(o) Any local ordinance that will define a traffic violation or violations and/or
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provide penalties therefor shall be made consistent with existing definitions
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for violations and schedules of penalties of the LTO, and the local legislative
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body shall provide official copies of the local ordinance to the LTO for
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acknowledgment.
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Section 20. New Provision for Section 62 of R. A. No. 4136. — A new paragraph to
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Section 62 of R. A. No. 4136 shall be added in order for said Section to read follows:
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“SECTION 62. No provincial board, city or municipal board, or council shall
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enact or enforce an ordinance or resolution in conflict with the provisions of this
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Act, or prohibiting any deputy or agent of the Commission to enforce this Act
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within their respective territorial jurisdiction and the provisions of any charter to
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the contrary notwithstanding.
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“Any local ordinance concerning and/or affecting the provisions of this Act shall
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be made consistent with existing rules, regulations, limits, fines, and penalties
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set bv the LTO.”
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Section 21. Violations and Penalties. - The Department of Transportation (DOTr), shall
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review, update and harmonize all existing laws and regulations, defining violations affecting
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motorcycle ownership and use, including violations of this Act, for the administration of the
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LTO and guidance of all enforcers: Provided, unless another penalty is specified in this Act,
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penalties for violations of this Act shall be appropriately graduated according to severity and
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shall in no case exceed the following charges:
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a. First Offense -A fine of five thousand pesos (P5,000.00);
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b. Second Offense - A fine of ten thousand pesos (P10,000.00);
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c. Third Offense - A fine of fifteen thousand pesos (P15,000.00).
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Section 22. IRR and Implementation and Monitoring. - The DOTr, with technical
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assistance of the LTO, and in consultation with the DTI, appropriate government offices, and
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other stakeholders shall within six (6) months issue the Rules and Regulations to implement this
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Act.


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Section 23. Appropriations. Appropriations needed for the implementation of this Act
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shall be included in the GAA by the DOTr and LTO.
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Section 24. Repealing Clause. All laws, decrees, orders, ordinances, rules and regulations
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or parts thereof inconsistent with this Act are hereby repealed or modified accordingly.
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Section 25. Separability Clause. If any provision of this Act is declared unconstitutional
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or otherwise invalid, the validity of the other provisions shall not be affected thereby.
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Section 26. Effectivity. This shall take effect fifteen (15) days after publication in at least
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two (2) newspapers of general circulation.
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Approved,