Motorcycle Helmet Act

Remember my brother who had a motorcycle accident last year? He just bought a motorcycle. Grrr!

my brother after his motorcycle accident

It was March last year when my brother, together with a friend and cousin as back riders, had a motorcycle crash. They hit a man who crossed the highway from nowhere. Thank God that the man didn’t suffer from any fatal injuries and is alive. My brother however, was unconscious for almost ten minutes, had bruises everywhere in his body and lost his four front teeth because he was not wearing a helmet. Now that he has fully recovered, alive and kicking, he bought a motorcycle. He even asked me with a devilish smile if I want to back ride. “Thanks but no thanks.” I prefer to walk than ride with him while snaking through narrow paths and along the highway.

It looks like my youngest brother hasn’t learned his lessons yet. He is so stubborn but since we can’t do anything about it because he is old enough and used his own money in buying the motorcycle, I just asked him to buy Shoei Qwest and educate him about the Republic Act No. 10054 also known as the Motorcycle Helmet Act.

If you are a motorcycle rider yet prefer not to wear helmet, you might want to know what are stated in the Motorcycle Helmet Act.

Republic Act No. 10054 – Motorcycle Helmet Act

•All motorcycle riders, including drivers and back riders, are required to wear standard protective motorcycle helmets at all times while driving, whether long or short drives, in any type of road and highway. Standard protective motorcycle helmets are appropriate types of helmets for motorcycle riders that comply with the specifications issued by the Department of Trade and Industry (DTI).

•Any person caught not wearing the standard protective motorcycle helmet will be punished with a fine of P1,500.00 for the first offense, P3,000.00 for the second offense, P5,000.00 for the third offense, and P10,000.00 plus confiscation of the driver’s license for the fourth and succeeding offenses.

•Tricycle drivers are exempted from complying with the mandatory wearing of motorcycle helmets.

•Every seller and/or dealer should make available, every time a new motorcycle unit is purchased, a new motorcycle helmet that bears the Philippine Standard (PS) mark or Import Commodity Clearance (ICC) of the Bureau of Product Standards (BPS) and complies with the standards set by the BPS, which the purchaser may buy at his option. Any seller and/or dealer who violates this requirement will be punished with a fine of not less than P10,000.00 but not more than P20,000.00.

•All manufacturers and importers of standard protective motorcycle helmets are required to secure a PS license or ICC prior to the sale and distribution of their products. Upon the effectivity of R.A. 10054, only those standard protective motorcycle helmets bearing the PS or ICC mark shall be sold in the market.

•The DTI, through the BPS, shall conduct a mandatory testing of all manufactured and imported motorcycle helmets in the Philippines. The BPS shall periodically issue a list of motorcycle helmet manufacturers and importers and the brands which pass the standards of the BPS, to be published in a newspaper of general circulation or in its website.

•Any person who uses, sells and distributes substandard motorcycle helmets or those which do not bear the PS mark or the ICC certificate will be punished with a fine of not less than P3,000.00 for the first offense, and P5,000.00 for the second offense, without prejudice to other penalties under Republic Act No. 7394 or the “Consumer Act of the Philippines.”

•Tampering, alteration, forgery and imitation of the PS mark and the ICC certificates in the helmets will be punished with a fine of not less than P10,000.00 but not more than P20,000.00, without prejudice to other penalties imposed in Republic Act No. 7394 or the “Consumer Act of the Philippines.”