Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL no, 8542

Introduced by Representative Mariano Michael M. Velarde Jr.

EXPLANATORY NOTE

There is a strong clamor from some sector of society to suspend , if not amend Republic Act
10054 otherwise known as the “Motorcycle Helmet Act of 2009” brought about by the spate of crimes
‘and killings by people riding in motoreycles, ‘The perpetrators use motorcycle helmets to conceal
their identities thereby making apprehension of the criminals and resolutions of said crimes difficult.
Aside from the use of full fuced helmets or even half faced helmets, the perpetrators also use facial
cover or masks to make sure identification difficult, ifnot impossible, The thinking to suspend the
implementation of R.A. 10084, if not limit the use of motoreycle helmets is to deter motoreyele riding
criminals.

On the other hand, the very purpose of the enactment of the Motorcycle Helmet Act in 2009
‘was brought about by the increase in road crashes involving motorcycles resulting to injuries and
deaths, To address these motorcycle road crashes, Congress enacted R.A. 10054 to Protect the lives
and limbs of motorcycle riders in accordance with international road safety conventions.

These seemingly contradictory trends have both their merits and intentions laudable. But
government cannot sacrifice the interest and welfare of law-abiding citizens riding motorcycles
because of few individuals that hide behind helmets and masks or facial cover. ‘The State is duty
bound to ensure the safety and welfare of the people. With this in mind, this proposal intends to
‘marry the two trends in the use or non-use of motorcycle helmets by prescribing the types of helmet
‘according to the types of motorcycle based on size of the engine or motor, since the size of the motor
determines the speed capacity of the motorcycle and type of road that the motorcycle can traverse.

‘The bill will also prohibit the use of any mask or facial cover that will conceal facial
recognition and identification of the riders.

With the aforementioned, the approval of this measure is sought.

|ARIA! ELARDE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 6542

Introduced by Representative Mariano Michael M. Velarde Jr.

AN ACT AMENDING REPUBLIC ACT NO. 10054 ENTITLED “AN ACT MANDATING
ALL MOTORCYCLE RIDERS TO WEAR STANDARD PROTECTIVE MOTORCYCLE
HELMETS WHILE DRIVING AND PROVIDING PENALTIES THEREFOR’ OTHERWISE
KNOWN AS THE “MOTORCYCLE HELMET ACT OF 2009"

Section 1. Section 3 of Republic Act 10054 shall read as:

“Section 3, Mandatory Use of Motorcycle Helmets. - All motorcycle riders, including drivers
and back riders, shall at all times wear standard protective motorcycle helmets while driving,
Whether long or short drives, in any type of road and highway.

‘Stndard protective motorcycle helmets are appropriate types of helmets for motoreycle riders
that comply with the specifications issued by the Department of Trade and Industry (DT)
AND ACCORDING TO THE TYPE AND/OR SIZE OF THE MOTOR OF THE
MOTORCYCLE INCLUDING BUT NOT LIMITED TO THE CYCLINDER CAPACITY
OR SIZE IN CUBIC CENTIMETERS (CC) AND NUMBER OF PISTONS.

(TIS HEREBY MANDATED THAT FOR RIDERS USING MOTORCYCLES BELOW
400 CC SHALL WEAR HALF FACED HELMETS AND FOR RIDERS USING
MOTORCYCLE WITH 400 CC AND ABOVE SHALL WEAR FULL FACED HELMETS:
AT ALL TIMES, PROVIDED THAT BOTH TYPES OF HELMETS SHALL HAVE
TRANSPARENT OR UNTINTED FACE SHIELDS. PROVIDED FURTHER, THAT
RIDERS OF ALL TYPES OF MOTORCYCLES SHALL NOT WEAR ANY MASK OR
FACIAL COVER THAT MAY CONCEAL THEIR IDENTITY OR FACIAL
RECOGNITION,

The D11 shall issue guidelines, which should include the specifications regarding standard
protective motorcycle helmets ACCORDING TO TYPE ANDIOR SIZE OF THE
MOTORCYCLE.”


Section 2. A new paragraph (b) shall be included in Section 7 of R.A. 100S4 and shall be renumbered
accordingly as follows:

“Section 7. Penalties. -(a) Any person caught not wearing the standard protective motorcycle
helmet in violation of this Act shall be punished with a fine of One thousand five hundred
pesos (Phip!500,00) for the first offense; Three thousand pesos (Php3,000.00) for the second
offense; Five thousand pesos (PhpS,000.00) for the third offense; and Ten thousand pesos
(Php 10,000.00) plus confiscation of the driver's license for the fourth and succeeding
offenses.

(b) ANY PERSON CAUGHT WEARING DARK TINTED FACIAL SHIELD, MASK OR
FACE COVER THAT CONCEAL HIS/HER IDENTITY OR FACIAL RECOGNITION
SHALL BE PUNISHED WITH A FINE OF THREE THOUSAND PESOS (PHP 3,000.00)
FOR THE FIRST OFFENSE; FIVE THOUSAND PESOS (PHP 5,000.00) FOR THE
SECOND OFFENSE; AND TEN THOUSAND PESOS (PHP 10,000.00) PLUS.
CONFISCATION OF THE DRIVER'S LICENSE FOR THE THRID OFFENSE,

(C) Any seller and/or dealer who violates Section 5 of this Act shall be punished with a fine
Of not less than Ten thousand pesos (Php10,000,00) but not more than Twenty thousand pesos
(Php20,000,00),.

(D) Any person who uses, sells and distributes substandard motorcycle helmets or those
which do not bear the PS mark or the ICC certificate shall be punished with a fine of not less
than Three thousand pesos (Php3,000,00) for the first offense; and Five thousand pesos
(PhpS,000.00) for the second offense, without prejudice to other penalties imposed in
Republic Act No, 7394 or the "Consumer Act of the Philippines".

(E) Tampering, alteration, forgery and imitation of the PS mark and the ICC certificates in the
helmets shall be punished with a fine of not less than Ten thousand pesos (Php 0,000.00) but
not more than Twenty thousand pesos (Php20,000.00), without prejudice to other penalties
imposed in Republic Act No. 7394 or the "Consumer Act of the Philippines”.

Section 3. Separability Clause. — any provision or part hereof is held invalid or unconstitutional, the
remainder of this Act or the provisions not otherwise affected shall remain valid and subsisting,

Section 4. Repealing Clause. ~ All laws, decrees. orders, rules and regulations or parts thereof
inconsistent with this Act are hereby repealed or modified accordingly.

Section S. Effectivity Clause. ~ This Act shall take effect fifteen (15) days after its publication in at
least two (2) newspapers of general circulation,

Approved,