Republic of the Philippines
HOusri OF REPRESErfuATlvEg
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
HOuse irin.`rdo.  6 4 4 5
RECEIVED
RATpe-
*      TIME;
v   2 9  2022  fa
Introduced by 1-RIDER Party-list Representative Hon. Ramon Rodrigo
" Rodge" L. Gutierrez
EXPI.ANATORY NOTE
This measure seeks to require retailers of af[ermarket motorcycle parts and accessories
to reimburse their buyers should the items sold be found to be non-compliant with I.and
Transportation Office (LTO) regulations on motorcycle modification.
The LTO has released several issuances specifying the required standards of aftermarket
parts  and  accessories before the  installation  of the  same  in  a  motoreycle.  However,
buyers   of   these   aftermarket   parts   and   accessories   are   sometimes   met   with
apprehensions by traffic enforcers or confiscation of the parts or accessories during the
annual inspection for motor vehicle registration, with the inspectors claiming that these
are not compliant with LT0 regulation, at the loss of the buyer.
If the aftermarket parts and accessories are not compliant with LTO regulation, why
then are retailers offering these for sale? Potential buyers are given the impression that
since  retailers  are  selling  certain  aftermarket  parts  and  accessories,  then  these  are
permitted by law.  However,  such is not  always the  case  and this  measure  seeks to
address this concern.
This   representation   strongly  believes   that  the   retailers   should  handle   ensuring
compliance with LTO regulation, as they would be more familiar with LT0 issuances
covering the products that they sell. Should retailers fall to conduct due diligence on
what is acceptable with the LTO at the time of sale, then they would have to bear the loss
upon apprehension.
Thus, the passage of this Bill is earnestly sought.
l!i-     :I
HON. RAMON RODRIGO "R
" L. GunERREz
Representative, 1-RIDER Party-List


Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
HouseBiriNO.6445
Introduced by 1-RIDER Party-list Representative Hon. Ramon Rodrigo
" Rodge" L. Gutierrcz
AN ACT MANDATING RETAILERs oF AFrERMARKET
MOTORCYCLE PARTS AND ACCESSORIES T0 ISSUE
WARRANTIES AND REIMBURSE END-USER BUYERS FOR
NON-COMPI.IANT MOTORCYCLE PARTS AND ACCESSORIES
WITH CURRENT IAND TRANSPORTATION OFFICE (LTO)
REGUI.ATI0N
Be it enacted by the Senate and the House Of Representatives Of the
Philippines in the Congress assembled.
Section  1.  Title.  -  This  act  shall  be  known  as  the  "The Aftermarket
Motorcycle Parts and Accessories Retail Protection Act''.
Section 2. Declaration of Policy - It is the poliey of the State to serve
and protect the people, to maintain peace and order by ensuring that law is
properly followed, to protect life, liberty, and property, and to ensure equity
in commercial transactions.
Section 3. Definition of Terms. For purposes of this Act, the terms:
a) "Motoreycze"  -  a two-wheeled  motor vehicle  having  one  or two
riding saddles;
b) "Aftermarket Motoreycle Parts and Accessories"  - £eaL"res aLnd
accessories that enhance the safety, performance or comfort of a
motorcycle,   including  but  not  limited  to,   windscreens,   tires,
brakes, side mirrors, head lights, turn signals, mufflers, air filters
and motorcycle stands, purchased and installed by the motorcycle
owner post-sale;
c)  "Refai7er" - sellers of aftermarket motorcycle parts and accessories
to end-user buyers;
d) "Buuer"  -  end-user buyer of an aftermarket motorcycle part or
accessory;
e)  "DTT" -the Department of Trade and Industry;
D  "LTIO" - the Land Transportation Office


Section  4.  Mandatory  Compliance  with  LT0  Regulation.  -
Retailers shall ensure that all af[ermarket motoreycle parts and accessories
for  sale  to  the  public  are  compliant with  current  LTO  Regulations  on
required specifications for motorcycle modifications.  Retailers shall also
ensure  the   proper   installation   of  the   same,   following   cuITent   LTO
Regulations, should the buyer request for installation services.
Section 5. Warranty of LTO Compliance. - Upon the sale of every
item,  retailers shall issue a whtten express warranty of LTO regulation
compliance on all aftermarket motoreycle parts and accessories sold, and a
copy  shall  be  given  to  the  buyer  with  the  official  receipt.  The  whtten
express  waITanty  shall  state  (i)  the  date  of sale,  (ii)  the  specific  LTO
regulation in effect covering all items sold and (iii) the party responsible
for installing the sane.
Section 6. Obligation to Reimburse Buyers - Upon finding by proper
government agencies that the aftermarket parts and accessories sold is (i)
not  in  accordance  with  cuITent  LTO  regulations  or  (ii)  not  properly
installed on the motorcycle, the buyer has the right to be fully reimbursed
of the non-compliant aftermarket motorcycle part or accessory, with the
retailer bearing the loss.
However,  should  the  written  express  warranty  show that  either  (i)  the
aftermarket parts and accessories were compliant with LTO regulations at
the time of the sale or (ii) the party responsible for installing the parts and
accessories was not the seller, the buyer shall bear the loss.
Section 7.  Regulating Ageney.  - The DTI,  in coordination with the
LTO, shall be the main government ageney to monitor the implementation
of this  Act.  The  DTI  shall  be  responsible  for  handling  all  requests  for
reimbursement from buyers.
Section 8. Implementing Rules and Regulations. - Within ninety
(9o)  days from the  effectivity of this Act,  the  DTI,  in coordination  and
consultation  with  other government agencies  and relevant  stakeholders,
shall issue the coITesponding implementing rules and regulations for this
Act.
Section 9. Repealing Clause. - AI1 laws, presidential decrees, executive
orders,  rules and regulations or part thereof, contrary to or inconsistent
with the provisions of this Act, are hereby repealed or modified accordingly.
Section lo. Separability Clause. -   If any section or provision of this
Act is held unconstitutional or invalid, all other sections or provisions shall
remain in full force and effect.
Section 11. Effectivity Clause. - This Act shall take effect fifteen (15)
days after its publication in the O#crdJ GCLzeffe or any two (2) newspapers
of general circulation.
Approved.