Salient Provisions of Children’s Safety on Motorcycles Act of 2015

Republic Act No. 10666 or the Children’s Safety on Motorcycles Act of 2015 was enacted to provide a more proactive and preventive approach in securing the safety of passengers, especially children, by regulating the operation of motorcycles along roads and highways.

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DEFINITION OF TERMS

Motorcycle – Any two (2)-wheeled motor vehicle having one  or two riding saddles

  • Saddle means supportive structure for a rider or other load.

Public roads – Roads designed by the national government or local government units as roads for public use such as, but not limited to:

  1. National highways,
  2. Provincial roads,
  3. City, municipal and barangay streets;

Foot peg – A flat form attached to the motorcycles on which to stand or brace the feet

Rider – Driver of a motorcycle

PROHIBITED ACT

It shall be unlawful for any person to drive a two (2)-wheeled motorcycle with a child on board on public roads where:

  1. There is heavy volume of vehicles,
  2. There is a high density of fast moving vehicles or
  3. There is a speed limit of more than 60/kph imposed

 

EXCEPTIONS: (where rider/operator is not liable)

FIRST EXCEPTION: When all of these are satisfied:

  1. The child passenger can comfortably reach his/her feet on the standard foot peg of the motorcycle;
  2. The child’s arms can reach around and grasp the waist of the motorcycle rider; and
  3. The child is wearing a standard protective helmet referred to Motorcycle Helmet Act of 2009.

SECOND EXCEPTION: In cases where the child to be transported requires immediate medical attention.

 

PENALTIES

First offense Fine of P3,000
Second offense Fine of P5,000
Third offense Fine of P10,000 and suspension of driver’s license for a period of one month.
Fourth offense Fine of P10,000 and revocation of driver’s license

 

 

QUALIFYING CIRCUMSTANCE

If, in violation of this law, 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 without prejudice to the separate penalties of the crime provided by the Revised Penal Code.

 

 

 

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