Republic Act No. 10054 – Motorcycle Helmet Act
Posted by lexforiphilippines on July 14, 2010
Republic Act No. 10054, also known as the “Motorcycle Helmet Act” was signed into law on 23 March 2010. Under this new law –
- 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.”
Lex Fori Philippines 
Dennis A. said
Safety is very important. Unfortunately, this “helmet law” misses the point. Helmets are for safety when an accident happens. Preventing accidents is more important. Besides, some cities/areas have different helmet laws, like full-face helmets are not allowed due to criminal elements using them. Our land is full of contradictory laws.
The seat belt law that took effect years ago, did it translate to better driving habits of motorists? Or it was just a law that some congressman found cool to legislate? Pinoys still drive as bad as ever. So many violations and more dangerous violators are not apprehended. Especially those who drive recklessly and endanger the lives of others. PUV drivers who kill others, even their own passengers, should be considered criminal.
It is my head and my helmet. I drive responsibly to preserve my own life and to keep others safe . It is the driving discpline or the lack of it !!! READ to the gov’t: We are not stupid!
Safety While Riding A Motorcycle « FickleMinded said
[…] of wearing it after several accidents and now,they are “strictly”implementing the Motorcycle Helmet Act.They are adding another rules as each rider’s helmet need to pass a crash test before they […]
Christel Santos said
Field offices of DTI has no equipment to test helmet/s without ICC if it passes the crash test standard (ICC) set by BPS. Beside, those helmets with ICC sticker are doubtful if it passed the ICC standard set by BPS. Helmets with ICC sticker with prize of 500 pesos I really doubt if it will pass the crash test.
Kenshin Himura said
kalokohan to samantalang dami pa rin akong nakikitang walang helmet tapos iba pa dun mga pulis, samantalang ako bumaho na ulo ko sa kakasuot at sumunod lang sa batas na to eh ung mga pasaway n walang helmet na ugali n talgang d nag susuot eh di man lang mahuli, lantaran na harap harapan pa sa ma CTMO ,ang dami dito sa cabuyao laguna, magaling sa umpisa pero pag nag tagal wala na din ningas kugon lang. kakahiya. tapos ung iba pag nahuli may backer ka lang o kamag anak mo pulis o sa gobyerno nag tatrabaho, ok na bye bye na ganyan ang batas na yan kaya walang kwenta at walang pangil. aminin lang natin sa sarili natin nasa mga awtoridad din nman ang problema kahit marami kang batas pero palakasan din nman pala din ang mangingibabaw walang kwenta.
mel agustin said
IS IT THE HELMET THAT WILL SOLVE THIS ACCIDENT PROBLEM???
PLEASE ALLOW ME TO SHARE SOME INSIGHTS HERE.
HERE IN U.S.A., IT’S A FEDERAL LAW, MEANING ALL THE ENTIRE 50 STATES CAR / MOTORCYCLE DEALERS ARE DIRECTED THAT, “NOBODY CAN BUY ANY VEHICLE OR MOTORCYCLE WITHOUT PASSING FIRST THE COMPUTERIZED WRITTEN EXAM AND THE ACTUAL DRIVING TEST”, YOU WILL HAVE NO RIGHTS TO OWN ANY VEHICLE PLACE UNDER YOUR NAME.
TO PRACTICE ANSWERING COMPUTERIZED EXAM HERE IN MY STATE (WASHINGTON, SEATTLE) I HAVE TO GO TO “WWW.DOL.WA.GOV”, BEFORE TAKING THE ACTUAL TEST IN THE COMPUTER OF D.O.L. OR L.T.O.IN OUR COUNTRY.
WHEN I FIRST TOOK MY ACTUAL DRIVING EXAM I DID NOT PASS THE TEST BCOZ I BROUGHT WITH ME HERE MY HABIT OF DRIVING PHILIPPINE STYLE. HINDI PALA PUEDE YANG STYLE OF DRIVING NATIN DITO. IF EVER YOU HAVE EXPERIENCE DRIVING INSIDE THE “CLARK AIR BASE”, THATS HOW THEY IMPLEMENT IT HERE. WHOEVER IS THE AUTHOR OF THE TRAFFIC RULES BEING IMPLEMENTED AT CLARK AIR BASE SHOULD ALSO BE IMPLEMENTED IN METRO MANILA. DITO NGA EH WALANG ISLAND OR CEMENT BARRIER SA GITNA NG STREET BUT ON FREEWAY THERE ARE BARRIERS IN THE MIDDLE BCOZ WE ARE RUNNING BETWEEN 55 – 65MPH =100KPH, IF YOU RUN BELOW 55MPH AND COPS SEES YOU, EXPECT A TRAFFIC TICKET, AND IF YOUR SPEED IS MORE THAN 5MPH ON THE REQUIRED SPEED TICKET PA RIN.
ANOTHER INSIGHT IS ON A (4) WAY TRAFFIC STREET HERE, THERE IS NO TRAFFIC POLICE OR ENFORCER.
WHEN THE TRAFFIC LIGHTS GETS BUSTED, IT’S THE LAW THAT WHOEVER COMES FIRST IN FRONT OF THE INTERSECTION IS THE ONE THAT “GO” FIRST SO YOU HAVE TO BE ATTENTIVE WHATS GOIN ON WITH YOUR ENVIRONMENT AND IF THE STREET THAT YOU ARE GOIN INTO AT IS FILLED WITH VEHICLES YOU CANNOT MAKE YOUR TURN TO “GO” BCOZ YOU GONNA BE BLOCKING THE INTERSECTION “TICKET” NANAMAN KASI KITA SA CAMERA PLATE NUMBER ANTAYIN MO SA MAIL BOX ANG TICKET MO HEHEHEHE…
SANA MOTORCYCLE LANE DAPAT NASA LEFT MOST NG STREET NATIN DYAN SA PINAS DITO WALANG MOTORCYCLE LANE, BICYCLE LANE MERON.
WISH KO LANG SANA SUBUKAN NG “MMDA OFFICIAL TOLENTINO” NA MAG MOTOR NG ISANG BUWAN LANG O KAYA PAIKUTIN NATIN SIYA NG 10TIMES SA EDSA DRIVE NIYA MOTOR LANG TINGNAN NATIN KUNDI SIYA MATARANTA SA PAG CHECK NG LEFT AND RIGHT SA MGA SASAKYAN.
BUHAY NG TAO ANG PINAG-UUSAPAN DITO SA GINAWA NIYANG MOTORCYCLE LANE HINDI NA MAIBABALIK ANG BUHAY KUNG MAY MADISGRASYA. MALING-MALI TALAGA ANG MOTORCYCLE LANE NA YANSA GITNA.
NASAAN KAYA ANG UTAK NG NAG-ASSIGN NYAN SIGURO NASA PUWET NYA KASI HINDI SIYA NAG-MOMOTOR KAYA HINDI NYA ALAM. SABI STATISTIC NABAWASAN ANG DISGRASYA BAKIT NAKUNTENTO SIYANG NABAWASAN LANG DAPAT MAGING “ZERO CASUALTY” HINDI NABAWASAN LANG “BULLSHIT”.
YAN NAMANG PRESIDENTE NATIN TUNGKOL SA WANG-WANG BKIT HINDI NILA GAWAING BATAS NA ANG WANG-WANG AY PARA LANG SA OFFICIAL MARK VEHICLE NG PULIS, FIRE TRUCK, AMBULANCE, BARANGAY PATROL AT WALANG CIVILIAN VEHICLE NA MAGKAKABIT NITO SA SASAKYAN NILA. SINO MAN ANG MAHULI SIBAK AGAD SA SERBISYO O KULONG NG 5 TAON WALANG PIYANSANG IBIBIGAY.
MARAMI PA SANA AKONG I-SHARE KAYA LANG PAGOD NA AKO NEXT TIME NA LANG ULIT.
phillip caesar c. chan said
mas maganda kung ang helmet na e bininta sa tindahan kung may ICC mark nang nakalagay.. hindi na kami pa ang pupunta sa DTI…
Rey said
Now adays, its dangerous to use helmet sa mga mataong lugar because we cannot identify the person wearing it. i think dapat baguhin ang batas na in a certain bgy level all motorcycle riders are not allowed to wear helmet… remember that motorcycle is being use for any criminal acts by others. i need your comment on this pls
mauricio said
isang napakalaking kalokohan ng DTI ang helmet law na ito. mano bang nung na.approved na ung law 2 years ago e inobliga na ang mga dealrers tungkol sa ICC or PS seals para lahat ng biniling helmet from 2010 to present e with compliance na. ugaling pinoy talaga kung kelan ka.orasan saka mamadalain ang tao. dapat sa mga ito pinupukpok ng helmet sa ulo. mga bwiset!!!
Girard Joseph A. Dumanon said
Do we really have to buy new ones? how about those old helmet that has no ICC sticker, but when bought new it has ICC sticker on it.
abe said
What are the standards used by DTI for them to issue the ICC stickers? I went to the DTI office here in Cebu unfortunately I wasn’t issued the ICC sticker… the DTI personnel whom I talked to informed me that after being inspected my crash helmet, which is a full face, carbon fiber helmet did not merit the issuance of the sticker as it has no printed brand name on it but she told me that as to quality standards, it passed… does it mean that just because this helmet does not belong to the accredited brands by DTI even if it passes quality standards for materials and craftsmanship per inspection by DTI, as I considered it an investment to fully protect myself on the road that it cannot be issued the ICC sticker? I’m confused as to who DTI is protecting, is it us the consumers or the manufacturers/businessmen? I mean, hey, if my helmet passed their safety and quality standards then why don’t they issue me the sticker? Regardless of the brand? I bought this helmet way back 2008 at SM City Cebu. The markings in the tag inside the helmet have also faded out but you can be sure this is not the tags found in sub standard helmets, it was just unfortunate that the brand name is now indecipherable… The other helmet I brought was an Index brand helmet I bought at Robinsons Cebu, it also wasn’t issued an ICC sticker even if it bared the accredited brand because the brand was “just a sticker” stuck on the helmet. I bought that helmet last year, as is. What did the DTI people think, that I had this sticker of the index brand posted on the helmet to comply with their brand requirement? This helmet is of the same type and make used by motorcycle dealers like Honda, the ones they give away together with the bike purchase.. Both of these helmets are good quality and standard helmets but it seems like DTI would find ways for us, the consumers to buy the helmets from their accredited brands some of which I find to be way below standard. How much are these companies, businessmen paying to have their brands accredited? Isn’t this a type of unfair business practice? Some of the helmets I’ve seen having these ICC stickers are even half-face helmets that only cover the top of the head (e.g. Tanked brand), and I understand the standards set by LTO is that it should cover at least up to the ears… How do we now reconcile this on the road? Would the ICC sticker by DTI prevail over the LTO safety rules and guidelines? I’m just a lowly government employee and I have invested much for my helmets even before these rulings by DTI because I believe in ensuring my safety on the road, would I and other people who are in the same predicament as myself be made to suffer the penalty of not having these ICC stickers?
ariel rodriguez said
yes, because those using bigbikes are the popular person or rich family, that mostly happening, its unfair to those people that is not well-known. that is our system here in the philippines.
Knight Rider said
What about those helmets that are being used before this law becomes effective? Some of those helmets doesn’t have an ICC sticker on it. Which is not the users fault. Those helmets are out on the market for a long time and should’ve been inspected before it comes out of the market.
One more thing, there are lots of substandard helmets out in the market ever since and most of these has the ICC sticker.
My point is, this should not be shouldered by the consumers/users. Because riders are just abiding the law to wear a helmet and to be safe. We have to admit that most riders can only afford cheap helmets which I think most of them are substandard.
Try to drop by at Intramuros pier and you will see those helmets in cheap price and some have the ICC.
trigger said
The one who wrote the helmet law has no idea of whats the traffic situations in different places,like cities and provinces..Like in dumaguete city which is a small city with short distance streets.
astroboy said
Hello,
Here in Bacolod City, the DTI is collecting P120.00 for the sticker they issue for every helmet they check. Is this part of this RA? or just a way of the government to earn more money?
nivbre said
ang author aning Republic Act No. 10054 di na kadaug sunod eleksyun…bong rev adios
Joseph villamor said
It’s not the helmet that matters to save lives at our hi-ways…. Its the discipline, courtesy and consideration among drivers which could had been acquired by all drivers license holder if the concerned agency particularly the LTO did its job without corrupt practices. Even if you wear a bunch of helmets with icc stickers you will diffinitely die if you will be ran over by a bus driven by a driver who is high on drugs but still passes the drug test and aquired a drivers license. This helmet law is just addional burden to the motoring public and additional income generating means of the DTI and LTO. The point is discipline on all drivers the LTO should educate.
Bullhead23 said
Being a law abiding citizen I just applied for and secured an ICC sticker for my Wheiz Gear helmet bought in 2009. It came with an ECE R22.05 sticker which is an international standard accepted here but still the DTI told me I need the ICC sticker issued by them for Ps101.25. Why we need Import Commodity Certification sticker when we are only users, not importers is beyond my comprehension? Anyway, I wonder if I am one of those being taken for a ride since I still need to see apprehensions for non use of anykind of helmet, standard or otherwise, in Consolacion town, Cebu. The habal-habal drivers lead the pack of violators and everyone else follows! More than likely if ever one is apprehended he/she wouldn’t have the Ps1,500.00 to pay the fine for the first offence. What’s the alternative penalty, a few nights in jail??? They could hardly fit 12 more bodies in the local jail and the helmet law violators are a few hundreds! With or without a law I wear a good helmet for my own protection – a no brainer!
Ernesto said
I’m not against this Helmet Law as my helmet has saved me several times already. However, they need to be clear on this law. almost 90% of the total motorcycle owners in the country use their bikes for a living and cannot afford to pay for a new expensive helmet. My helmet was bought from a Mall and this is not some cheap helmet that commonly breaks on impact. Does this mean I have to buy a new one?! come’on, we have other priorities other than a new helmet! This law only opens a new window for corruption again.
john james jr said
stiffer penalty like impri
sonment should be imposed
Dwinx Gravador said
Maayo unta ug kada adlaw ilang ipatuman ang pag dakop sa mga violators… Pero kasagaran man gud, manakop lang sili kung kanus-a nila gusto…. Maka-ingon lang pud ta nga dili sila seryoso sa ilang balaud busa ang publiko dili sad seryoso nga motuman ini… Ug dili ninyo mabasol ang mga komentaryo nga nangwarta lang mo kay dili man seryoso ang pagpatuman…
Anonymous said
[…] MOTORCYCLE HELMET ACT <<– this says it all, even the stickers i mentioned in my earlier post Republic Act No. 10054 DOTC Order No. 2008-039 a new scheme in penalizing various traffic violators the mark of a […]
Orlando M. Bautista said
does LTO and DOTC as to this date was not able to issue the IRR? The new Chief of police of our LGU announced this afternoon that he is going to implement RA 10054. My question is where shall be the collected fine go. Does an LGU collect the fines without an ordinance in consonance of RA 10054? trhank you and more power.
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Joe Angelillo said
watch out all single motors drivers and your passengers too
Richard Tracy said
Considering the is little or no enforcement of ANY traffic laws or common highway safety practices… why the extreme concentration on this helmet law?
Yes it is an excellent step in the right direction, but is it a good ‘First Step’ to safer roads.
The Philippines is in need of a good Basic Driver Education program. Most drivers do not simple things such the proper hand signal for a Right Turn or how to Yield “Right of Way” at an intersection.
Lets get Driver Education in all the Schools first. Then enforce normal safe driving laws, then lets get serious about Helmets.
ka toning said
I see lots of policemen driving( including those back-riding cops) motorcycles without helmets here in Angeles City, Pampanga. Unfortunately, other law enforcers are turning a blind eye on these things. No wonder our nation has an organization of uniformed lawbreakers. Paging police chief of Angeles City.
JEGGER said
LTO-LAW ENFORCEMENT-SARANGANI PROVINCE
PUEDE PO BA KAMING HUMINGI OR BIGYAN BAGO KAMI KUMUKAHA NANG DRIVER LICENSE. SA EXACT FIGURE SA MGA LAHAT NA VIOLATION.
Joanne Ferrer said
I have a concern regarding this law. My brother in-law’s motorcycle was confiscated by the security guards where he works since he was not wearing helmet though he is few steps from his place. The guards didn’t even give him a ticket or any paper for the said incident. What can we do about it?
lexforiphilippines said
Hi,
Sent a reply to your email.
john aquino said
only the authorized towing services deputized by the local government are authorized to seize vehicles,… and with regards to the not wearing of helmets the motorcycle should not be confiscated for it is a private property, if the guards took it against the owners will then that is already what we call Qualified car napping,… only the license or plates that s should be confiscated and only if they are deputized agents of the land transportation office,… your brother i law should file a complaint or case against the guards or the company issuing the order of the confiscation,… thaks
ProvinceGuy said
Sir/Madam:
Good day!
If ever a motorist’s is arrested or flagged down by any of the arresting officer/implementing officer of Presidential Decree 10054, who is the responsible authority to arrest a motorists if he uses the substandard helmet or does not have any PS or ICC mark, is it a DTI representative or it is included in the duty of the arresting/implementing officer of this decree or both have the power and authority to do the arrest? And it is another violation for the motorists who uses a substandard helmet?
Thank you.
ProvinceGuy said
*Republic Act 10054″ i mean not Presidential Decree ..
lexforiphilippines said
HI,
Sent a reply to your email.
Thanks for visiting.
john aquino said
since it is passed into law already,…. all officers of the LTO, police officers and local traffice deputized officers are the ones who will make the flagging down of motorists
Helmet law enforcement - Page 4 - Dumaguete City Forum said
[…] […]
ConcernCountryMen said
“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.””
Well? Normally motorcycle owner never knew what is PS mark and ICC certificate and maybe never heard of it and while traveling on the road they will be punished? Why not make a law to force those sellers to inform the buyer about those mark first!
Correct me if I’m wrong but here in Zambales riding a BIG bike means you got a lot of money while having small bike means (for most people) you need it for living. But why LTO and highway patrol never consider those BIG bike a violator if they don’t have helmet while small bike always got there license confiscated.
paopao said
Basically they think that underbone users have no money to sue them during apprehension. that’s the sad part of reality.
coyax said
its bcoz trafic enforcer are unfair and mukhang pesooooooooooooo!!!
john aquino said
because they are all idiots
MountainMotorcyleMonkey said
Same here in Bukidnon, only big time politicians and hacienderos own the “BIG BIKE” which they often refer to as toys for the big boys…these are often waved through checkpoints, no helmet, no plate…we small time owners of dual sport and cub motors are not even given consideration by the so called GREEN LADIES, no wonder they are often target for reprisals, they will get their just desserts
robjaw123rob jaw said
well 1st its those idiots on the small bikes that dont know how to drive, they are always driving way to fast. most accidents are with the small bikes
PSI LEO S LLAMAS said
PLS SEND US IRR OF THE RA 10054. THANKS
PSI LEO S LLAMAS said
IT SEEMS THAT ENFORCING THIS LAW WILL BE THE ULTIMATE SOLUTION TO NUMEROUS ACCIDENTS ENDING SEVERAL LIVES IN THE STREETS. PLS FURNISH US IRR OF THIS LAW. THANKS
Jace M. said
The law is good and I am in favor of this but the implementation seems to have problems. In the road, I have always noticed undisciplined drivers. The helmet may help protect lives but I don’t think it wil prevent vehicular accidents. Just my opinion. THanks.
lexforiphilippines said
Hi,
The Department of Transportation and Communication has not as yet issued the guidelines to implement RA 10054.
Thanks for visiting.
MountainMotorcyleMonkey said
How true…even the police have no idea what a “standard helmet” is…so they consider the construction helmet..hahaha..the IRR is definitely needed