Laws & Jurisprudence
AN ACT PROVIDING FOR THE SAFETY OF CHILDREN ABOARD MOTORCYLES (RA 10666)
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This Act shall be
known as “Children’s Safety on
Motorcycles Act of 2015”. (sec.1)
It is the policy of the
State to defend the right of children to assistance, including proper care
and nutrition, and special protection from all forms of neglect, abuse,
cruelty, exploitation, and other conditions prejudicial to their development.
Towards this end, the State shall pursue a more proactive and
preventive approach to secure the safety of passengers, especially children, by
regulating the operation of motorcycles along roads and highways. (sec. 2)
For purposes of this Act, the
following terms shall mean:
(a) Motorcycle refers
to any two (2)-wheeled motor vehicle having one (1) or two (2) riding saddles;
(b) Public roads refer
to roads designed by the national government or local government units as roads
for public use such as, but not limited to, national highways, provincial
roads, city, municipal and barangay streets;
(c) Foot peg refers to a flat form attached to the
motorcycles on which to stand or brace the feet; and
(d) Rider refers to the driver of a motorcycle.
(sec.3)
It shall be unlawful for
any person to drive a two (2)-wheeled motorcycle with a child on board on
public roads where there is heavy volume of vehicles, there is a high density
of fast moving vehicles or where a speed limit of more than 60/kph is imposed,
unless:
(a) The child passenger can comfortably reach his/her feet on
the standard foot peg of the motorcycle;
(b) The child’s arms can reach around and grasp the waist of the
motorcycle rider; and
(c) The child is wearing a standard protective helmet referred
to under Republic Act No. 10054, otherwise known the “Motorcycle Helmet Act of
2009.” (sec. 4)
Notwithstanding the prohibition provided in the preceding
section, this Act shall not apply to
cases where the child to be transported requires immediate medical attention. (sec. 5)
Any person who operates a motorcycle in violation of Section 4 of this Act shall be fined with an amount of 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.
Moreover, for the 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 the
offender’s driver’s license. (sec. 6)
If, in violation of the provisions of this Act, death shall have resulted or serious 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 motorcycle
rider or operator of the motorcycle involved without prejudice to the penalties
provided under Act No. 3815, otherwise known as “The Revised Penal Code of the
Philippines”, as amended. (sec. 8)
To effectively implement the provisions of this Act, the LTO is
hereby given the authority to deputize
members of the Philippine National Police (PNP), the Metropolitan Manila
Development Authority (MMDA) and the LGUs to carry out enforcement functions
and duties. (sec. 9)
Not later than thirty (30) days following the promulgation of
the Implementing Rules and Regulations (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 on the important
provisions of this Act and its IRR.
Thereafter, the aforementioned agencies shall include the
essential provisions of this Act in their respective annual communications
programs. (sec. 10)
As the lead agency, the LTO shall formulate the IRR of this Act within ninety (90) days
after its effectivity. (sec. 11)
This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) national newspapers of
general circulation. (sec. 14)
Approved by
President BENIGNO S. AQUINO III, July 21, 2015
Source: Official Gazette – www.gov.ph
DISCLAIMER: The author is not lawyer nor an authority on this topic. It is a product of humble research and study of law. The information provided is not a legal advice and it should not be used as a substitute for a competent legal advice from a licensed lawyer.
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