I am a member of a motorcycle club in our town. I heard from my group that there is a new law about children riding in motorcycles. Can you please give us the details about that law? I am not sure how this will affect us especially since I rely on my motorcycle in bringing my children to school. Thank you for your time.
The law you are referring to is Republic Act (R.A.) No. 10666 which is known as the Children’s Safety on Motorcycles Act of 2015. This law is enacted as part of the policy of the State to pursue a more proactive and preventive approach in securing the safety of children passengers in the operation of motorcycles along roads and highways (Section 2, R.A. No. 10666).
According to this law, it is unlawful for any person to drive a motorcycle with a child on board on public where there is heavy volume of vehicles, there is high density of fast moving vehicles, or where a speed limit of more than 60/kph is imposed. However, children are still allowed to board a motorcycle on public roads if: a) the child passenger can comfortably reach the standard food peg of a motorcycle; b) the child’s arm can reach around and grasp the waist of the motorcycle rider; and c) if the child is wearing a law-compliant standard protective helmet. (Section 4, Ibid.)
Despite this prohibition and conditions, the law provides for an exception in cases where a child requires transportation for immediate medical attention. (Section 5, Id.)
It is also important to note that this law provides for penalties for violation of its provisions. According to this law, any person who operates a motorcycle in violation of the abovementioned prohibited acts shall be fined with P3,000 for the first offense; P5,000 for the second offense; and P10,000 for the third and succeeding offenses. In addition to these fines, the driver’s license of the offender for the third offense shall be suspended for a period of one month while violation of these provisions beyond the third time shall result to automatic revocation of the offender’s driver’s license. (Section 6, Id.)
Thus, considering that you rely on your motorcycle to transport your children to school, it is important that you follow and observe the requirements set by law on children riding motorcycles not only to avoid the penalties prescribed by law, but most importantly to ensure the safety of your children riding with you.
Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.
We hope that we were able to enlighten you on the matter.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to firstname.lastname@example.org