MODULE 10

REPUBLIC ACT NO. 10054

AN ACT MANDATING ALL MOTORCYCLE RIDERS TO WEAR STANDARD PROTECTIVE MOTORCYCLE

HELMETS WHILE DRIVING AND PROVIDING PENALTIES THEREFOR

Section 1. Short Title. - This Act shall be known as the

"Motorcycle Helmet Act of 2009".

Section 3. Mandatory Use of Motorcycle Helmets. - All

motorcycle riders, including drivers and back riders, shall
at all times wear standard protective motorcycle helmets
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).

The DTI shall issue guidelines, which should include the specifications regarding standard protective
motorcycle helmets.

Section 4. Exemption. - Drivers of tricycles shall be exempted from complying with the mandatory
wearing of motorcycle helmets as provided in this Act.

Section 5. Provision of Motorcycle Helmets. - A new motorcycle helmet which 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 shall be made available by every seller and/or dealer every
time a new motorcycle unit is purchased and which the purchaser may buy at bis option. Failure to
comply with the requirements provided under this section shall constitute a violation of this Act.

Section 7. Penalties. - (a) Any person caught not wearing the standard protective motorcycle helmet in
violation of this Act shall be punished with a fine of One thousand five hundred pesos (Php1,500.00) for
the first offense; Three thousand pesos (Php3,000.00) for the second offense; Five thousand pesos
(Php5,000.00) for the third offense; and Ten thousand pesos (Php10,000.00) plus confiscation of the
driver's license for the fourth and succeeding offenses.

(b) Any seller and/or dealer who violates Section 5 of this Act shall be punished with a fine of not lees
than Ten thousand pesos (Php10,000.00) but not more than Twenty thousand pesos (Php20,000.00).

(c) Any person who uses, sells and distributes substandard motorcycle helmets or those which do not
bear the PS mark or the ICC certificate shall be punished with a fine of not less than Three thousand
pesos (Php3,000.00) for the first offense; and Five thousand pesos (Php5,000.00) for the second offense,
without prejudice to other penalties imposed in Republic Act No. 7394 or the "Consumer Act of the
Philippines".

(d) Tampering, alteration, forgery and imitation of the PS mark and the ICC certificates in the helmets
shall be punished with a fine of not less than Ten thousand pesos (Php10,000.00) but not more than

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Twenty thousand pesos (Php20,000.00), without prejudice to other penalties imposed in Republic Act
No. 7394 or the "Consumer Act of the Philippines".

AN ACT REQUIRING THE MANDATORY COMPLIANCE BY MOTORISTS OF PRIVATE AND PUBLIC

VEHICLES TO USE SEAT BELT DEVICES, AND REQUIRING VEHICLE MANUFACTURERS TO INSTALL SEAT
BELT DEVICES IN ALL THEIR MANUFACTURED VEHICLES

Section 1. Short Title. — This Act shall be known as the "Seat

Belts Use Act of 1999."

(a) "Motorist" shall refer to the driver of a motor vehicle.

(b) "Seat belt device" shall refer to any strap, webbing or similar
device in the form of pelvic restraint or lap belt, upper torso
restraint or shoulder strap or a combination thereof designed to
secure a person in a motor vehicle in order to mitigate the
results of any accident, including all necessary buckles and other
fasteners, and all hardware designed for installing such seat belt
device in a motor vehicle.

(c) "Motor vehicle" shall refer to both private and public motor
vehicle. The term shall not include the tricycle and motorcycle.
(d) "Private motor vehicle" shall refer to any of the following:
(1) Any motor vehicle owned by individuals and juridical persons for private use;
(2) Any motor vehicle owned by the National Government or any of its agencies, instrumentalities or
political subdivisions, including government-owned or controlled corporations or their subsidiaries for
official use; and

(3) Any diplomatic vehicle.

(e) "Public motor vehicle" shall refer to public utility vehicle or vehicle for hire.
(f) "Motor vehicle of running engine" shall refer to a vehicle as stated herein, operating and standing on
any road or thoroughfare with engine running.
(g) "Front seat passengers" shall refer to persons on board a public utility vehicle seated at the right side
beside the driver for public utility jeepneys (PUJs) and to passengers seated at the right side beside the
driver and those at the first row immediately behind the driver in the case of public utility buses (PUBs)
and to passengers seated on the right side beside the driver for private motor vehicles.

Section 4. Mandatory Use of Seat Belts. — For their own safety, the driver and front seat passengers of
a public or private motor vehicle are required to wear or use their seat belt devices while inside a
vehicle of running engine on any road or thoroughfare: Provided, That, for private vehicles, except for
jeeps, jeepneys, vans, buses and such other private vehicles as may be determined in the Implementing
Rules and Regulations (IRR), front and back seat passengers are likewise required to use their seat belt
devices at all times.

Section 5. Children Prohibited to Sit in Front Seat. — Infants and/or children with ages six (6) years and
below shall be prohibited to sit in the front seat of any running motor vehicle.

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Section 7. Provisions for Seat Belt. — This Act further requires car manufacturers, assemblers and
distributors to ensure that seat belt devices are properly installed before the distribution and sale of the
said vehicles as determined by the IRR thereon: Provided, That, manufacturers, assemblers and
distributors of jeepneys may install a pelvic restraint or lap belt only in the driver's and front seat
passengers' seats and this shall be considered as substantial compliance with the requirements of this
Act.

Section 12. Penalties and Fines. — In the enforcement of this Act, the LTO shall impose fines against
drivers, operators, owners of vehicles, manufacturers, assemblers, importers and/or distributors for
violation of this Act.

(1) On the driver

(a) For failure to wear the prescribed seat belt devices and/or failure to require his passengers to wear
the prescribed seat belt device, a minimum fine of One hundred pesos (P100) but not to exceed One
thousand pesos (P1,000) for the first violation; a minimum fine of Two hundred pesos (P200) but not to
exceed Two thousand pesos (P2,000) for the second violation; and a minimum fine of Five hundred
pesos (P500) but not to exceed Five thousand pesos (P5,000) and suspension of driver's license for a
period of one (1) week for the third and succeeding violations;

(b) Public utility vehicles shall post appropriate signages instructing front seat passengers to wear seat
belts when inside the vehicle. Non-compliance hereof will hold both the driver and the operator liable
and shall be fined a minimum of Three hundred pesos (P300) but not to exceed Three thousand pesos
(P3,000) for every violation; and

(2) On any manufacturer, assembler, importer and distributor for every unit found without seat belt
devices installed prior to its distribution to the public, a minimum fine of Five thousand pesos (P5,000)
but not to exceed Ten thousand pesos (P10,000) and suspension of the license to manufacture,
assemble, import or distribute for a period of one (1) year for the first violation; a minimum fine of Ten
thousand pesos (P10,000) but not to exceed Twenty thousand pesos (P20,000) and suspension of the
license to manufacture, assemble, import or distribute for a period of two (2) years for the second
violation; and a fine of Twenty thousand pesos (P20,000) but not to exceed Fifty thousand pesos
(P50,000) and suspension of the license to manufacture, assemble, import or distribute for a period of
five (5) years for the third violation.

R.A 8749,
AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION CONTROL POLICY AND FOR OTHER
PURPOSES

Section 1. Short Title. - This Act shall be known as the

"Philippine Clean Air Act of 1999."

Air Quality Management System

Section 13. Emission Charge System. - The Department,

in case of industrial dischargers, and the Department of
Transportation and Communication (DOTC), in case of
motor vehicle dischargers, shall, based on environmental

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techniques, design, impose on and collect regular emission fees from said dischargers as part of the
emission permitting system or vehicle registration renewal system, as the case may be. The system shall
encourage the industries and motor vehicles to abate, reduce, or prevent pollution. The basis of the fees
includes, but is not limited to, the volume and toxicity of any emitted pollutant. Industries, which shall
install pollution control devices or retrofit their existing facilities with mechanisms that reduce pollution
shall be entitled to tax incentives such as but not limited total credits and/or accelerated depreciation
deductions.

Fines and Penalties

Section 46. Violation of Standards for Motor Vehicles. - No motor vehicle shall be registered with the
DOTC unless it meets the emission standards set by the Department as provided in Sec. 21 hereof.

Any vehicle suspected of violation of emission standards through visual signs, such as, but not limited to
smoke-belching, shall be subjected to an emission test by a duly authorized emission testing center. For
this purpose, the DOTC or its authorized testing center shall establish a roadside inspection system.
Should it be shown that there was no violation of emission standards, the vehicle shall be immediately
released. Otherwise, a testing result indicating an exceedance of the emission standards would warrant
the continuing custody of the impounded vehicle unless the appropriate penalties are fully paid, and the
license plate is surrendered to the DOTC pending the fulfillment of the undertaking by the
owner/operator of the motor vehicle to make the necessary repairs so as to comply with the standards.
A pass shall herein be issued by the DOTC to authorize the use of the motor vehicle within a specified
period that shall not exceed seven (7) days for the sole purpose of making the necessary repairs on the
said vehicle. The owner/operator of the vehicle shall be required to correct its defects and show proof of
compliance to the appropriate pollution control office before the vehicle can be allowed to be driven on
any public or subdivision roads.

In addition, the driver and operator of the apprehended vehicle shall undergo a seminar on pollution
control management conducted by the DOTC and shall also suffer the following penalties:

a) First Offense - a fine not to exceed Two Thousand Pesos (P2,000.00);

b) Second Offense - a fine not less than Two Thousand Pesos (P2,000.00) and not to exceed Four
Thousand Pesos (P4,000.00); and

c) Third offense - one (1) year suspension of the Motor Vehicle Registration (MVR) and a fine of not less
than Four Thousand Pesos (P4,000.00) and not more than Six thousand pesos (P6,000.00).

Any violation of the provisions of Sec. 21 paragraph (d) with regard to national inspection and
maintenance program, including technicians and facility compliance shall penalized with a fine of not
less than Thirty Thousand Pesos (P30,000.00) or cancellation of license of both the technician and the
center, or both, as determined by the DTI.

All law enforcement officials and deputized agents accredited to conduct vehicle emissions testing and
apprehensions shall undergo a mandatory training on emission standards and regulations. For this
purpose, the Department, together with the DOTC, DTI, DOST, Philippine National Police (PNP) and
other concerned agencies and private entities shall design a training program.

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Section 47. Fines and Penalties for Violations of Other Provisions in the Act. - For violations of all other
provisions provided in this Act and of the rules and regulations thereof, a fine of not less than Ten
thousand pesos (P10,000) but not more than One Hundred thousand Pesos (P100,000) or six (6) months
to six (6) years imprisonment or both shall be imposed. If the offender is a juridical person, the
president, manager, directors, trustees, the pollution control officer or the officials directly in charge of
the operations shall suffer the penalty herein provided.

Republic Act 8794 Anti-Overloading

AN ACT IMPOSING A MOTOR VEHICLE USER’S CHARGE ON OWNERS OF ALL TYPES OF MOTOR VEHICLES
AND FOR OTHER PURPOSES

Section 2. Coverage.– In lieu of the registration fee under

section 8 Republic Act No. 4136, as amended by Batas
Pambansa Bilang 74, and the Private Motor Vehicle Tax
under Executive Order No. 43, series of 1986, there is
hereby imposed on every motor vehicle, whether for hire
or for private use, including government motor vehicles as
more fully provided in section 3 hereof, a Motor Vehicle
User’s Charge (MVUC) which shall be collected from and
paid by the owner of the motor vehicle.

Section 3. Rates of the Motor Vehicle User’s Charge.

(a) For private passenger cars registered as of the date of the effectivity of this Act, the MVUC to be paid
shall be the private motor vehicle tax under Executive Order No. 43, series of 1986, plus twenty-five
percent (25%) for the first year, fifty percent (50%) for the second year, seventy five percent (75%) for
the third year, and one hundred percent (100%) for the year and thereafter: Provided, however, That
private passenger cars to be registered for the first time after the effectivity of this Act, shall be subject
to the MVUC rates prescribed in section 3(b) hereof.
(b) Except as provided under 3(a) hereof, for each motor vehicle under each of the categories as herein
provided, the MVUC shall be collected from and paid by the vehicle owner, at the following base rates
plus twenty-five percent (25%) in the first year from the effectivity of this Act; the said base rates plus
fifty percent (50%) in the second year from the effectivity of this Act; the said base rates plus seventy-
five percent (75%) in the third year from the effectivity of this Act; and said base rates plus one hundred
percent (100%) in the fourth year from the effectivity of this Act and their after: Provided, That the
MVUC for the sports utility vehicles shall be fifteen percent (15%) higher than the MVUC herein set for
private utility vehicles: Provided, further, That motorcycles for hire with sidecars shall not pay more than
three-hundred pesos (300.00).

Section 6. Penalty for Overloading– An amount equivalent to twenty five percent (25%) of the MVUC
shall be imposed on trucks and trailers for loading beyond their prescribed gross vehicle weight:
provided, that no axle load shall exceed thirteen thousand five hundred kilograms (13,5000 kgs).

Section 7. Disposition of Monies Collected. All monies collected under this Act shall be earmarked solely
and used exclusively (1) for road maintenance and the improved of the road drainage, (2) for the

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installation of adequate and efficient traffic lights and road safety devices, and (3) for the air pollution
control.

All such monies collected shall be deposited in four (4) special trust accounts in the National Treasury,
namely: (1) Special Road Support Fund; (2) Special Local Road Fund; (3) Special Road Safety Fund; and
(4) Special Vehicle Pollution Control Fund. The distribution of collections under this Act shall be as
follows:

1. Eighty percent (80%) shall be allotted to and placed in the Special Road Support Fund;

2. Five percent (5%) shall be allotted to and placed in the Special Local Road Fund;

3. Seven- and one-half percent (7.5%) shall be allotted to and placed in the Special Vehicle Pollution
Control Fund.

The Special Road Support Fund, the Special Local Road Fund shall be under the DPWH, whereas the
Special Vehicle Pollution Control Fund shall be under the DOTC.

Seventy percent (70%) of the Special Road Support Fund shall be used for the maintenance of, and the
improvement of drainage of national primary roads. The remaining thirty- percent (30%) thereof shall be
allocated and use for the maintenance, and improved of drainage of national secondary roads
throughout the country.

The cost of installation of adequate and efficient traffic lights and road safety devices throughout the
country, where such traffic lights and safety devices are needed, shall be taken from the Special Road
safety devices.

This provision shall apply to all motor vehicles, including tricycles, motorized pedicads and “trisikads“.

References:

Republic Act No. 8749

https://lawphil.net/statutes/repacts/ra1999/ra_8750_1999.html

https://www.officialgazette.gov.ph/2000/06/27/republic-act-no-8794/

https://www.google.com/search?q=EMMISSION+TEST&tbm=isch&ved