DEC.

29, 2011 DATE

NR # 2632
REF. NO.

House approves measure prohibiting children from riding motorcycles

The House of Representatives has approved on second reading a measure ensuring the safety of children aboard motorcycles by regulating the operation of motorcycles along highways and roads. House Bill 5626, to be known as the Motorcycle Safety for Children Act of 2011, seeks to prohibit any person from transporting children below the age of 10 on a motorcycle along highways unless the child is wearing a standard protective helmet as provided for under Republic Act 10054 otherwise known as The Motorcycle Helmet Act of 2009. RA 10054 provides that a child can be transported if his or her feet can comfortably reach the footrests of the motorcycle and the arms of the child can reach around and grasp the waist of the motorcycle driver. Rep. Mary Mitzi Cajayon (2nd District, Caloocan City), one of the authors of the measure, said the bill seeks to limit the number of motorcycle passengers to two, including the driver, except in remote areas wherein the child to be transported is requiring immediate medical treatment. The measure proposes to preclude the transporting of children on motorcycles and tricycles along highways consistent with the doctrine of parens patriae which is a concept of standing utilized to protect quasi-sovereign interests, such as health, comfort and welfare of the people, when such interests are threatened and state government intervention may be needed, Cajayon said. Rep. Lani Mercado-Revilla (2nd District, Cavite), also an author of the bill, said the bill is consistent with the policy to provide safety measures to all riders and passengers particularly children passengers ten years old and below aboard motorcycles. Rep. Romeo Acop (2nd District, Antipolo City), another author of the measure, said riding a motorcycle, whether as a driver or rider requires a balance of body weight and the weight of the bike especially in high-speed driving or weaving in and out of traffic. Children's physical frailty and their lack of agility that of an adult while co-riding in a motorcycle place them at great risk," Acop said. The bill proposes to penalize violators the amount not exceeding P3,000 for the first offense, P5,000 for the second offense and P10,000 for the third and succeeding offenses. For the second and third offense, the drivers license of the offender shall be

DEC. 29, 2011 DATE

NR # 2632
REF. NO.

suspended for one month while violation beyond the third time shall result in the automatic revocation of the offenders drivers license. The bill provides for qualifying circumstances wherein if in violation of the provisions of the proposed measure, death has resulted or serious or less serious injuries have been inflicted upon the child or any other person, a penalty of one year imprisonment will be imposed on the driver or operator of the motorcycle involved in addition to the penalties provided under Republic Act 3815 or the Revised Penal Code, as amended, for the crime of reckless imprudence or negligence resulting in homicide or physical injuries of whatever nature. Under the measure, the members of the Philippine National Police (PNP), the Metro Manila Development Authority (MMDA) and the local government units (LGUs) are deputized to carry out the enforcement functions and duties of the Land Transportation Office (LTO). The LTO in coordination with the Philippine Information Agency (PIA), Department of Education (DepEd) and other concerned organizations and agencies are directed to conduct public information campaign not more than 30 days following the promulgation of the Implementing Rules and Regulations (IRR). The co-authors are Reps. Christopher Co, Alfredo Garbin, Jr. and Rodel Batocabe (Party-list, AKO BICOL), Ma. Theresa Bonoan-David (4th District, Manila), Roger Mercado (Lone District, Southern Leyte), Eleandro Jesus Madrona (Lone District, Bohol), Al Francis Bichara (2nd District, Albay) and Philip Pichay (1st District, Surigao del Sur). (30) lvc