SIXTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No._3.9'7

Introduced by Representative Susan A. Yap

EXPLANATORY NOTE

Ithas always been the policy of government to enact safety measures to protect all riders and
passengers of motorcycles. Children passengers, however, ate particularly more vulnerable. Riding a
motorcycle, whether as a driver or rider requires a balance of body weight and the weight of the bike
especially in high-speed driving or weaving in and out of traffic. Children's physical frailty and their
lack of agility while co-riding in a motorcycle place them at greater risk. Government intervention is
called for in order to protect the health and welfare of the children by proposing to preclude the
transporting of children on motorcycles and tricycles along highways.

This bill seeks to prohibit any person from transporting children below the age of 10 on a
motorcycle along highways unless the child is wearing a standard protective helmet as provided for
under Republic Act 10054 otherwise known as "The Motorcycle Helmet Act of 2009."

‘The bill likewise seeks to limit the number of motorcycle passengers to two, including the
driver, except in remote areas wherein the child to be transported is requiting immediate medical
treatment.

The penalty for violators shall be an amount not exceeding P3,000 for the first offense,
P5,000 for the second offense and P10,000 for the third and succeeding offenses.

For the second and third offense, the driver's license of the offender shall be suspended for
‘one month while violation beyond the third time shall result in the automatic revocation of the
offender's driver's license.

SUSAN
Representative, 2D

\


Sow waH se ne

11
12

13

14
15

16
17
18
19
20
21
22
23
24
25
26
aF
28
29
30
31
32
33
34

SIXTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No._39'9

Introduced by Representative Susan A. Yap

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. - This Act shall be known as the "Motorcycle Safety for Children
Act of 2013”.

SECTION 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.

SECTION 3. Probibition. - It shall be unlawful for any person to transport a child below ten
(10) years old on a motorcycle along roads and highways: Provided That a child ten (10) years of age
and above may only be transported aboard a motorcycle ift

(®) He or she is wearing a standard protective helmet referted 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 motorcycle; and

(© The arms of the child can reach around and grasp the waist of the motorcycle driver. A
‘motorgyle shall mean any two (2)-wheeled motor vehicle having one (1) or two (2) riding saddles.

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

SECTION 5. Penalties. - 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.

SECTION 6. Qualifying Circumstances, - If, in violation of the provisions of this Act, death
shall have resulted or setious 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 ot
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 injuties of whatever nature.

SECTION 7. Depatation 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 camy out enforcement
functions and duties.

SECTION 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.

SECTION 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 concerned 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.

SECTION 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.

SECTION 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.

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

Approved,