Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 541

Introduced by HONORABLE LANI MERCADO-REVILLA

EXPLANATORY NOTE

The State, exercising its power of parens patriae, may step into the shoes of natural
parents to safeguard any child or incapacitated and dependent person or a physically challenged
individual in need of protection against danger, risk of their lives and limbs.

Taking a child for a motorcycle ride can be a scary proposition. Recent incidents have
occurred where children were severely injured while riding on a motorcycle. This is because,
unlike adults, children lack the development skills to pay attention and properly secure
themselves while riding a motorcyle.

It's a known fact that kids are more excitable and have the tendency to move more
an adult passenger. They may even play games by sticking their hands out in the wind while
riding a motorcycle. Moreover, they generally want to talk and move more than an adult
passenger.

Likewise, the steady rumble of the motor can have a tendency to lull passengers to sleep.
With adults, this usually does not present much of problem since it would be harder for them to
fall off. But with children, it is a completely different situation. Because of their size, there is
generally more room for them between the rider and the sissy bar and if they fall asleep, there i
a greater chance for them to flop over to one side or another. When this happens, there is an
increased chance for children to fall off the motoreycle.

This bill seeks to supplement Republic Act 10054, which was enacted last March 23,
2010, which mandates all motorcycles riders to wear standard quality helmet while driving, This
bill is consistent with the policy to provide safety measures to all riders and passengers,
particularly the children passengers aboard motorcycles.

Hence, passage of this bill is earnestly sought

REP-AANI MERCADO-REVILLA

2™ District, Cavite


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

541

HOUSE BILL NO.

Introduced by HONORABLE LANI MERCADO-REVILLA

AN ACT PROVIDING MEASURES TO ENSURE THE SAFETY
OF CHILDREN ABOARD MOTORCYCLES AND FOR OTHER
PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title.
of 2013”.

This Act shall be known as the “Motorcycle Safety for Children Act

SEC. 2. Declaration of Policy. ~ It is hereby declared the policy of the State to maintain at all
times the safety and protection of the commuting public, especially children.

Towards this end, it shall pursue a more proactive and preventive approach to secure the
safety of passengers, especially children, at all times by regulating the operation of motorcycles
along roads and highways.

SEC. 3. Prohibition. ~ It shall be unlawful for any person to transport a child below ten (10)
years old on a motoreycle along roads and highways: Provided, That a child ten (10) years of
age and above may only be transported aboard a motorcycle if:

(a) He or she is wearing a standard protective helmet referred under Republic Act No.
10054, otherwise known as the “Motorcycle Helmet Act of 2009”;

(b) The feet of the child can comfortably reach the footrest of the motoreycle; and

(c) The arms of the child can reach around and grasp the waist of the motorcycle driver.

‘A motorcycle shall mean any two (2)-wheeled motor vehicle having one (1) or two (2)
riding saddles.

SEC. 4. Limitation on the Number of Passengers. — No motorcycle shall carry more than two
(2) passengers, including the driver, while operating on a road or highway except in remote areas
where a child to be transported requires immediate medical treatment and in an emergency
situation.


SEC. 5. Penal Any person who operates a motorcycle in violation of Section 3 of this Act
shall be fined with an amount not exceeding Three thousand pesos (P3,000.00) for the first
offense; Five thousand pesos (P5,000.00) for the second offense; and Ten thousand pesos
(P10,000.00) for the third and succeeding offenses.

The same penalty shall be imposed upon the driver who operates a motorcycle in
violation of Section 4 hereof: Provided, That for the second and third offense, the driver’s license
of the offender shall be suspended for a period of one (1) month,

Violation of these provisions beyond the third time shall result to automatic revocation of
offender’s driver's license.

SEC. 6, Qualifying Circumstances. ~ If, in violation of the provisions of this Act, death shall
have resulted or serious or less serious injuries shall have been inflicted upon the child or any
other person, a penalty of one (1) year imprisonment shall be imposed upon the driver or
operator of the motorcycle involved in addition to the penalties provided under Republic Act No.
3815, otherwise known as “The Revised Penal Code”, as amended, for the crime of reckless
imprudence or negligence resulting to homicide or physical injuries of whatever nature.

SEC. 7. Deputation of Traffic Enforcers and Local Government Units

(LGUs). ~ To effectively implement the provisions of this Act, the Land Transportation Office
(LTO) is hereby given the authority to deputize members of the Philippine National Police
(PNP), the Metropolitan Manila Development Authority (MMDA) and the local government
units (LGUs) to carry out enforcement functions and duties.

SEC. 8. Implementing Rules and Regulations (IRR). ~ As the lead implementor of this Act,
the LTO shall formulate the implementing rules and regulations of this Act within ninety (90)
days after its effectivity.

SEC. 9. Public Information Campaign. — Not later than thirty (30) days following the
promulgation of the IRR of this Act, the LTO, in coordination with the Philippine Information
Agency (PIA), the Department of Education (DepED) and concemed private organizations and
agencies, shall undertake a nationwide information and education campaign for a period of three
(3) months for the attainment of the objectives of this Act.

SEC. 10. Separability Clause. — If for any reason any section or provision of this Act is declared
unconstitutional, other provisions hereof which are not affected thereby shall remain in full force
and effect.

SEC. 11. Repealing Clause. — All laws, decrees, or rules and regulations, or any provision
thereof which are inconsistent with or contrary to the provisions of this Act are hereby amended
or repealed accordingly.

SEC. 12. Effectivity Clause. Act shall take effect upon its publication in at least two (2)
national newspapers of general circulation.

Approved,