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Republic of the Philippines 2 MAR 70 2017
HOUSE OF REPRESENTATIVES |
Constitution Hills, Quezon 2 =
KS
SEVENTEENTH (17™) CONGR ines ot
a

First Regular Session

House Bill No. 5345

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

EXPLANATORY NOTE

Vehicular accidents, as we are all aware, is the number
one cause of loss of lives, severe injuries and destruction of
properties. Millions of motorists, those who own their own
private vehicles and those who commute and use public
transportation alike, are always exposed to traffic mishaps.

To reduce the likelihood of the happening of such vehicle-
related tragedies, our Government has enacted numerous laws
and regulations for the public to abide by. Sadly though, these
laws proved to be insufficient or ineffective in preventing
accidents as described above if we are to look at the statistics.
Whether it is in the substantive content of the law itself, or the
implementation of the same that is the problem, one thing
remains to be true: there is a need for us to fortify and add to
these laws in order to achieve the primary objective of the


State which is to Provide a safe and Secure transportation
experience for the public.

This bill seeks to be the pilot step towards achieving such
geal. This bill shall specifically delve into motorcycle-related
accidents considering that motorcycles is the most common
type of vehicle, among many others, that get involved in road
accidents,

A Motorcycle is very prone to hazards and perils. It can
even be considered as the most dangerous vehicle to drive, In
fact, motorcycles caused the highest fatality in traffic
accidents, followed only by private cars. Gauging vis-a-vis
other causes of deaths nationwide, motoreycle-related
accidents register as the Top 4 Cause of Death in our country,

Unlike cars, buses or trucks, a motorcycle lacks exterior
Protection that can shield its driver and back riders from the
impact of collision, whether with other vehicles or with
structures built from strong materials, Based on survey, an
average of 16,208 motorcycle accidents is recorded in the
country every year. Needless to say, a motorcyclist and his
Passengers are the most vulnerable group when it comes to
accidents ag compared to other types of motorists driving
vehicles on the same road or highway, Yet, more and more
People patronize Motorcycles, To date, there are 3.4 million
Motorcycle users in the Philippines and most of them are
beginners, This is so because motorcycle is perceived to be
the most economical, convenient and enjoyable - thrilling even
- means of transportation,


People who own, drive and ride motorcycles is afforded
safeguard by the different law vs pertaining to motorcycles and
motorcycle-related accidents One of these is the Helmet Law
of 2010, otherwise known as REPUBLIC ACT NO, 10054,
which mandates all motorcycle riders to wear standard
protective motorcycle helmets while driving. Yet, despite the
enactment of said Act, accidents involving Motorcycles still
continue to rise in the country and casualties resulting
therefrom consequently blow up in count as well,

Surprisingly, statistics show that ninety percent (90%) of
Motorcycle riders in Metro Manila follow the Helmet Law while
ninety percent (90%) of motorcycle riders outside of Metro
Manila don't follow the same. It seems that the areas which
are not manned by a lot of traffic authorities such as the
MMDA and which are therefore less monitored are the ones
that tend to disregard the said Helmet Act. People from the
Provinces take the essence of helmets for granted and would
rather opt not to buy themselves the only thing that protects
them when driving their motorcycles.

This bill addresses this key problem. By requiring the
registration of helmets along with the motorcycle as
Prerequisite to obtaining a license to drive the same,
motorcyclists are compelled to purchase at least one helmet
lest the Land Transportation Office will not grant them their
licences.


This in effect forces the motorcyclists to use their helmets
more, How is this ensured, we ask? Well, the logical psyche or
mindset is that since one has already paid for it, might as well
use it. Unlike in the earlier scenario where riders decide NOT
to purchase helmets, this time, motorcycle owners/drivers are
guaranteed to wear this protective gear for it is contrary to
human nature not to utilize or make the most out of
something one has spent money on.

Finally, helmet registration could easily identify the rider
who uses motorcycle because the helmet has an identification
number/s that would correspond to the plate number of the
motorcycle being used. This could likewise very well forestall
the perpetrations of riding in tandem miscreants considering
that the helmets to be used by motorcycles riders must
correspond to the registration numbers of their vehicles.

It is with the foregoing reasons that the approval of this
bill is highly being sought.

ew 6. OW”,

ERIC OLIVAREZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH (177) CONGRESS
First Regular Session

House Bill No. 5345

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

AN ACT REQUIRING MOTORCYCLE OWNERS/DRIVER TO
REGISTER AT LEAST ONE HELMET PER MOTORCYCLE
OWNED/DRIVEN AS PREREQUISITE FOR OBTAINING
LICENSE to DRIVE THE SAME

SECTION 1. 7tle. This Act shall be known as the
Helmet Registration Act of 2014,

SECTION 2. Coverage. This Act shall apply to all
motorcycle owners/drivers nationwide who are about to
register their motorcycles and obtain license for the first time;
whose licenses have expired and are about to renew the same;
and whose licenses are yet to expire


SECTION 3. Mandatory Helmet Registration for First
Time License Applicants. Every motorcycle owner/driver
shall own at least one standard protective motorcycle helmet
in accordance with the specifications mentioned and/or
prescribed in the Motoreycle Helmet Act (RA 10059), as a
prerequisite to obtaining a license to drive the motorcycle.

The said helmet shall be presented to and registered with
the Land Transportation Office (LTO) and shall be identified
through a mark thereon bearing the plate number of the
motorcycle registered. The plate number of the motorcycle
must be indicated in bold letters and numbers in front and at
the back of the helmet/s of the motorcycle owner/driver. Only
the helmet/s with the plate number of the motorcycle shall be
used by the owner/rider while on board or traveling using the
motorcycle, For this purpose, the LTO shall issue stickers for
the helmet bearing the official plate number of the motorcycle.

No license shall be granted by the LTO to any motorcycle
license applicant who does not comply with the preceding
paragraph,

SECTION 4. Mandatory Helmet Registration for
Motorcycle Owners/Drivers Renewing Expired License. The
provision in Section 3 of this Act shall also apply to all
motorcycle owners/drivers whose licenses have expired and
are about to renew the same

The LTO shall not grant a renewal of license to any
motorcycle owners/drivers unless he/she registers at least one
helmet per motorcycle owned.


SECTION 5, Mandatory Helmet Registration for
Motorcycle Owners/Drivers whose Licenses are about to
Expire. All motorcycle owners/drivers whose licenses are yet
to expire shall nevertheless register at least one helmet per
motorcycle owned within three (3) months from the
promulgation of this Act.

SECTION 6, Motorcyclists with Unregistered Helmets
Shall be Fined. Failure to register the helmets as prescribed
in Section 5 of this Act within the allowed period shall
constitute a violation and Shall be a ground for the imposition
of a fine of P5,000 for first offense, P10,000 for second offense,
and P15,000.00 for the Succeeding offenses even if the
motorcycle owner/driver wag wearing a protective helmet while
driving on the road,

SECTION 7, Registration of two or more helmets. A
motorcycle owner/driver who registers two or more helmets
per motorcycle shall be given an incentive by the LTO such as
reduced license fees and charges or whatever incentive the
said office deems more effective and proper.

SECTION 8. Implementing Rules and Regulations,
Unless otherwise provided in this Act, the Land Transportation
Office (LTO) shall promulgate the Implementing Rules and
Regulations to carry out the provisions of this Act.


Such rules and regulations shall take effect upon their
publication in three (3) newspapers of general circulation.

Section 9. Repealing Clause. - All laws, presidential
decrees, letters of instructions, executive orders, rules and
regulations insofar as they are inconsistent with this Act, are
hereby repealed or amended as the case may be.

Section 10, Separability Clause.- In the event that
any provision of this Act or any portion thereof is declared
unconstitutional by a competent court, the other provisions
shall not be affected thereby and shall remain valid and
enforceable,

Section 11, Effectivity Clause. ~ This Act shall take
effect after its complete publication in at least three (3)
newspapers of general circulation.

APPROVED.