Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

House BILLNo__ 1902

Introduced by
Representative Joel Roy R. Duavit

EXPLANATORY NOTE

While motorcycles are a fuel-efficient and congestion-decreasing mode of transportation, there
are also inherent risks with their use. Statistics show that there is increasing involvement of motorcyclists
in traffic accidents. There is need for additional measures to address this serious highway safety concer,
particularly when we consider the greater vulnerability of the motorcyclist

‘This Bill advocates for increasing motorist awareness of motorcycles and increased responsible
motorcycle use to reduce the number of accidents on the road. This legislation sets forth guidelines to
Promote motorcyclists’ safety, ensures that all motorcycles are equipped with the necessary safety
features, and encourages riders and passengers to develop safe riding skills at all times.

In view of the urgency of the bill, immediate approval is earnestly sought.

JOEL ROY R. DUAVIT


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
Regular Session

House BILLNo 1902

Introduced by
Representative Joel R. Duavit

AN ACT REGULATING THE USE AND OPERATION OF
MOTORCYCLES, MOPEDS AND MOTORIZED SCOOTERS
AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF

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

SECTION L Short

= This Act shall be known as the “Motoreycle Safety Act of 2010.”

SEC 2. Declaration of Policy. — It is hereby declared the policy of the State to secure and
safeguard its citizenry, particularly the drivers and passengers of motorcycles, mopeds and motorized
scooters, and affected pedestrians, from the ruinous and extremely injurious effects of vehicular accidents.
‘Towards this end, the State shall pursue a more proactive and preventive approach in order to secure the
safety of drivers and passengers and affected pedestrians, at all times.

SEC, 3. Definition of Terms. ~ For purposes of this Act, the following terms are hereby
defined:

(@) Driver shall mean every and any licensed operator of a motor vehicle.

(b) Motorcycle - refers to every self-propelled motor vehicle having a seat or saddle for the use
of the rider and designed (0 travel on not more than three (3) wheels in contact with the
ground, but excluding a tractor or a moped.

(© Moped - refers to any vehicle with pedals to permit propulsion by human power, having a
seat or saddle for the use of the rider and designed to travel on not more than three wheels;
with a motor rated not in excess of 2 brake horsepower and not capable of propelling the
vehicle at a speed greater than 30 miles per hour on level ground; and with a power-drive
system that functions directly or automatically without clutching or shifting gears by the
operator after the drive system is engaged. If an internal combustion engine is used, the
displacement may not exceed 50 cubic centimeters.

(@) Motorized Scooter ~ refers to any vehicle not having a seat or saddle for the use of the rider,
designed to travel on not more than three wheels, and not capable of propelling the vehicle at
a speed greater than 30 miles per hour on level ground.


(© Owner ~ refers to the actual legal owner of a motor vehicle, in whose name such vehicle is
duly registered with the Land Transportation Commission.

‘The “owner” of a government-owned motor vehicle is the head of the office or the chief of
the Bureau to which the said motor vehicle belongs.

SEC. 4. Vehicle Requirements. All motorcycles shall come equipped with the following:

(a) Brakes adequate to control the movement of and to stop and hold the vehicle under normal
operation conditions;

(©) Headlights and taillights when operated between sunset and sunrise;

(© Turn signals;

(@ Horns of other audible signal device;

(©) Reflector/s, either as part of the taillight oF separately; and

(A mufiler of noise control device.

SEC. 5. Protective headgear requirements. - A person may not operate or ride upon a
motorcycle or moped or motorized scooter unless the person is wearing a properly fitted, securely
fastened safety-rated protective headgear designed for motorized vehicle use.

SEC. 6. Riding on motorcycles or mopeds or motorized scooter.

(@) A person operating a motorcycle or moped or motorized scooter shall ride only upon the
permanent and regular seat attached thereto, and such operator shall not carry any other
person, nor shall any other person ride on a motorcycle or moped or motorized scooter,
unless such vehicle is designed to carry more than one person, in which event a passenger may
ride upon the permanent and regular seat if designed for two persons of upon another seat
firmly attached to the vehicle at the rear or side of the operator, Provided further that there is

compliance with the requirements for footrests and handholds as provided in Section 7.

(©) A person shall ride upon a motorcycle or moped only while sitting astride the seat, facing
forward, with one leg on each side of the motorcycle or moped.

(©) No person shall operate a motorcycle or moped while carrying any package, bundle, ot other
article which prevents the person from keeping both hands on the handlebars.

(@ No operator shall carry any person, nor shall any person side, in a position that will interfere
with the operation or control of the motorcycle or moped or the view of the operator.

(© No person shall propel a motorcycle or a moped or a motorized scooter upon and along a
sidewalk while the motor is operating.

SEC. 7. Footrests, handholds, and handlebars.

(@) Any motorcycle or moped carrying a passenger, other than in a sidecar or enclosed cab, shall
be equipped with footrests for such passenger.

(b) A person may not ride upon a motorcycle or moped unless he or she can comfortably reach
the footrests while properly seated upon the vehicle.


(©) No person shall operate any motorcycle or moped with handlebars or with handgeips that are
higher than the top of the shoulders of the person operating the motorcycle or moped while
properly seated upon the motorcycle or moped.

SEC. 8. Wearing of headsets, headphones, or other listening device.

(@) No person shall operare a vehicle while wearing a headset, headphone, of other listening
device, other than a hearing aid or instrument for the improvement of defective human
hearing.

(©) This section does not apply to:

1. Any law enforcement officer equipped with any communication device necessary in
performing his or her assigned duties or to any emergency vehicle operator equipped
with any ear protection device.

2. Any applicant for a license to operate a motorcycle while taking the examination
required by law or ordinance.

Any person operating a motorcycle or moped or motorized scooter who is using a
headset that is installed in a helmet and worn so as to prevent the speakers from
making direct contact with the user's ears so that the user can hear surrounding
sounds.

4. Any person using a headset ia conjunction with a cellular telephone that only
provides sound through one ear and allows surrounding sounds to be heard with the
other ear.

Any person using a headset in conjunction with communicating with the central base
operation that only provides sound through one ear and allows surrounding sounds
to be heard with the other ear.

(©) The Land Transportation Office (LTO), in coordination with the Department of Trade and
Industry (DTT), shall promulgate, by administrative order, standards and specifications for
headset equipment the use of which is permitted under this section. The LTO and DT! shall
jointly inspect and review all such devices submitted to them and shall publish a list by name
and type of approved equipment.

SEC. 9. Mufiler Requirement.

(@) Motorcycles or mopeds or motorized scooters shall be operated in such manner as to
‘minimize any disturbances to the public and shall not unreasonably annoy or disturb the
comfort ot repose of any considerable number of members of the public by engine noise,
horn, noisy acceleration and any other audible disturbance resulting from such motorcycle
operation.

(b) Every motorcycle or moped or motorized scooter shall, at all times, be equipped with
muffler in good working order which blends the exhaust noise into the overall vehicle noise
and is in constant operation to prevent excessive or unusual noise. No person shall use a
muffler cutout, bypass, or similar device upon a motorcycle or moped or motorized scooter
on a street, highway, or public way. The exhaust system shall not emit or produce a sharp
popping or cracking sound.

SEC. 10. Stunts. - No stunts, drills, acrobatic, racing, or games of any sort on motorcycles or
mopeds or motorized scooters are permitted on any national highway or street without the prior approval
of the local City or Municipal Hall.


SEC. 11, Penalties and Fines. — In the enforcement of this Act, the LTO shall impose the
appropriate penalties and/or fines against those in violation of this Act, pursuant to the following:

{@) For violation of Sections 5 to 10, 2 minimum fine of Five Hundred Pesos (Php 1,000) but not
to exceed One Thousand Pesos (Php 5,000) for the first violation; a minimum fine of One
‘Thousand One Pesos (Php 1,001) but not to exceed Two thousand pesos (Php 2,000) for the
second violation; and a minimum fine of Two Thousand One Pesos (Php 2,001) but not to
exceed Five thousand pesos (Php 5,000) and suspension of driver’s license for a period of a
period of anytime from one (1) week to six (@) months for the third and succeeding violations;

e

No motorcycle shall be allowed to be registered with the LTO if it has been found to be in
violation of Sections 4, 7, and 9 of this Act. For this purpose, the LTO shall include in the
implementing guidelines a system of vehicle registration where compliance with the aforesaid
Sections is required.

(©) If,as the result of the violation of Sections 4 to 10 of this Act, any accident occurs resulting. in
death of injury of any person, the operator of the motorcycle or moped or motor scooter at
fault shall, upon conviction, be punished under the provisions of the Revised Penal Code. In
addition, the motorcycle or moped or motor scooter involved in the accident shall be
impounded by the LTO, and shall be cause for the revocation of the license of the driver at
fault, subject (0 the rules promulgated by the LTO.

SEC. 12. Nationwide Public Information Campaign. —

@ The 1.70, in coordination with the Philippine Information Agency (PLA) the Department of
Education (DepEd) and private agencies and organizations, shall undertake a regular
nationwide Information, Education and Communication (IEC) campaign for the attainment
of the objectives of this Act.

(©) The LTO, in coordination with the local government units, shall likewise utilize the services
of citizen groups and community organizations for the promotion of public safety awareness
in observance of this Act.

(©) The fines that will be collected for the enforcement of this Act shall be used for the
implementation of the provisions of this Act, including the necessary promotion campaigns
for motorcycle safety.

SEC. 13. Implementing Rules and Regulations, — Within ninety (90) days from the
effectivity of this Act, the LTO shall formulate and issue the necessary implementing ules, regulations
and guidelines and shall mobilize available resources to assure the effective implementation of this Act.

SEC. 14. Enforcement. - ‘The LTO shall implement the provisions of this Act, enforce its
implementing rules and regulations, and investigate complaints against violators of this Act, its rules and
regulations and other policies of the Office.

The LTO shall call upon any department, instrumentality, office, bureau, or agency of the
government including local government units to render such assistance as it may require carrying out,
enforcing or implementing the provisions of this Act.

SEC. 15. Separability Clause. ~ If any part, section or provision of this Act is held invalid or
unconstitutional, other provisions not affected thereby shall remain in force and effect.

SEC. 16. Repealing Clause. - All other laws, decrees, ordess, issuances, rules and regulations
that are inconsistent with the provisions of this Act are hereby repealed, amended or modified
accordingly.


SEC. 17. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in any newspaper of general circulation.

Approved,