MUNICIPAL ORDINANCE NO.

48-2018
(Sponsored by: SB Member Erwin G. Tirasol)

AN ORDINANCE AMENDING SECTIONS 1 AND 13 AND

SUPPLEMENTING ARTICLE VII OF MUNICIPAL ORDINANCE NO. 43-
2018 ALSO KNOWN AS AN ORDINANCE ENACTING THE REVISED
MOTORCYCLE HELMET ORDINANCE 2018 OF THE MUNICIPALITY
OF STO. TOMAS, PROVINCE OF PAMPANGA

WHEREAS, Republic Act No. 10054 otherwise known as the “Motorcycle

Helmet Act of 2009” mandates all motorcycle riders to wear standard protective
motorcycle helmets while driving and providing penalties therefore, was duly
approved on March 23, 2010;

WHEREAS, this Act intends to pursue a more proactive and preventive

approach to secure the safety of motorists, their passengers and pedestrians at
all times through mandatory enforcement of the use of standard protective
motorcycle helmet/s;

WHEREAS, the Municipality of Sto. Tomas, Province of Pampanga

considered it appropriate to supplement the Article VII which is the Penal
Provisions
that would more effectively and efficiently enforce its implementation;

Be it ordained by the Sangguniang Bayan of Sto. Tomas, Pampanga, that :

ARTICLE I. GENERAL PROVISIONS

Section 1. Title. This Municipal Ordinance shall be known as the

“Amended Revised Motorcycle Helmet Ordinance 2018 of the Municipality
of Sto. Tomas”.

Section 2. Authority. This Ordinance is enacted in pursuant with the

relevant provisions of Republic Act No. 10054 and the Department of
Transportation and Communication and Department of Trade and Industry Joint
Administrative Order No. 01, series of 2011Rules and Regulations Implementing
the Provisions of Republic Act No. 10054 of 2009, entitled an “Act Mandating
All Motorcycle Riders to wear Standard Protective Motorcycle Helmets
while Driving and Providing Penalties Therefore.”

Section 3. Scope and Coverage. The provisions of this Ordinance

shall govern all motorcycle riders as well as sellers and / or dealers of new
motorcycle and motorcycle helmets. This shall be strictly implemented in the
territorial jurisdiction of the municipality on a 24-hour, 7 days a week basis.

ARTICLE II. DEFINITION OF TERMS

Section 4. Definition of Terms. For the purposes of this

Municipal Ordinance, the following terms shall apply, mean, refer and be
construed as follows:

4.1 Alcohol shall refer to any intoxicating drink or liquor;

Municipal Ordinance No. 48-2018 AMENDED REVISED MOTORCYCLE HELMET ORDINANCE 2018
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 4.2 Back Rider shall refer to an individual who rides at the rear of the
motorcycle owner / driver;

4.3 BPS shall refer to Bureau of Product Standards;

4.4 Checkpoint shall refer to a well-lighted and properly identified

place along the road manned by uniformed personnel where
motorists are stopped for inspection and / or ordinary / routine
questioning;

4.5 DTI shall refer to Department of Trade and Industry;

4.6 ICC shall refer to Import Commodity Clearance;

4.7 Kph shall refer to Kilometers per Hour

4.8 Motorcycle shall refer to a motor vehicle with motive power having
a seat or saddle for the use of the riders and designed to travel on
not more than two wheels in contact with the ground;

4.9 Motorcycle Helmet shall refer to a head and face protective gear
consisting of a hard outer shell, padding adjacent to and inside the
outer shell and a chin-strap type retention system;

4.10 Motorcycle Owner / Driver / Rider shall refer to an individual who

is the registered owner of a motorcycle, or if not registered owner is
given the authority by the owner, expressly or impliedly, to possess
and use the motorcycle;

4.11 Municipality shall refer to the Municipality of Sto. Tomas

4.12 Center – a point, area that is most important or pivotal in relation to

an indicated activity or condition. Center here pertains the San Matias
crossing.

4.13 PS shall refer to Philippine Standard;

4.14 Seller / Dealer of Motorcycle Helmet shall refer to an individual or

entity that engages on the buying and selling of standard protective
motorcycle helmets;

4.15 Speed Limit shall refer to the maximum speed of a motorcycle

vehicle that is legally permitted on a given stretch of road;

4.16 Visor shall refer to the transparent protective screen extending

over the eyes and covering all or part of the face.

4.17 MV – Motor vehicle

4.18 CR – Certificate of Registration

4.19 OR – Official Receipt

4.20 LD – Licensed Driver

4.21 DL – Driver’s License

4.22 CPC – Certificate of Public Conveyance

4.23 PA – Provisional Authority

Municipal Ordinance No. 48-2018 AMENDED REVISED MOTORCYCLE HELMET ORDINANCE 2018
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 ARTICLE III. REGULATORY MEASURES

Section 5. Imposition of Regulatory Measures. To ensure public

safety, the following regulatory measures are hereby prescribed for strict
compliance, enumerated as follows:
________________________________________________________________
_
SECTION 5.1, SECTION 5 ARTICLE III OF MUNICIPAL ORDINANCE NO. 02-
2013 is hereby amended and shall now be read as follows
________________________________________________________________
_

5.1 All motorcycle drivers and back riders shall wear at all times the
standard protective motorcycle helmets bearing the PS or ICC mark
issued by DTI-BPS when passing in the National Road within the
area of the municipality, however when passing within the barangay
roads, subdivisions and resettlement areas, helmets must be
removed and must be hanged on left hand;

5.2 All motorcycle drivers / riders are required to observe the minimum
speed limit of 20 kph and a maximum speed limit of 30 kph within
the area of the municipality.

5.3 Only two (2) riders, the driver and the back rider, are allowed to
simultaneously ride in a motorcycle;

5.4 All motorcycle drivers / riders shall remove their protective

motorcycle helmet visors when passing a checkpoint;
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_
SECTION 5.5 SECTION 5 ARTICLE III OF MUNICIPAL ORDINANCE NO. 02-
2013 is hereby amended and shall now be read as follows
________________________________________________________________
_

5.5 All motorcycle drivers / riders shall remove their protective

motorcycle helmet when passing by Barangay roads within the
jurisdiction of Sto. Tomas, but shall be hanged on their left hand;
________________________________________________________________
_
SECTION 5.6, SECTION 5 ARTICLE III OF MUNICIPAL ORDINANCE NO. 02-
2013 is hereby amended and shall now be read as follows
________________________________________________________________
_

5.6 Children as back riders shall be based on the provisions of RA

10666 also known as “An Act providing for the Safety of children
aboard motorcycles”

5.7 Sellers and / or dealers of new motorcycles shall only offer

motorcycle helmets with the PS or ICC mark to buyers; and

5.8 Sellers and / or dealers of motorcycle helmets shall only sell the
standard protective helmets bearing the PS or ICC mark to buyers;

ARTICLE IV. PROHIBITED ACTS

Section 6. Prohibited Acts. The following acts are strictly prohibited:

Municipal Ordinance No. 48-2018 AMENDED REVISED MOTORCYCLE HELMET ORDINANCE 2018
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 6.1 No motorcycle driver and back rider shall ride the motorcycle
without the standard protective motorcycle helmets bearing the PS
or ICC mark issued by DTI-BPS;

6.2. No motorcycle driver and back rider shall wear slippers, sandals or
“sandos” while driving a motorcycle;
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SECTION 6.3, SECTION 6 ARTICLE IV OF MUNICIPAL ORDINANCE NO. 02-
2013 is hereby amended and shall now be read as follows
________________________________________________________________
_

6.3 Driving without Driver’s license with Code 1 at least or under the
influence of alcohol or prohibited drugs;

6.4 Two (2) or more back riders are not allowed to simultaneously ride
a motorcycle;

6.5 No back rider within the prescribed age as provided in this

Ordinance shall be allowed to ride the motorcycle;

6.6 No seller and / or dealer of new motorcycles shall offer the

prescribed motorcycle helmets;

6.7 No seller and / or dealer of motorcycle helmets is allowed to offer

and sell in the market motorcycle helmets without the PS or ICC
mark; and

6.8 No seller and / or dealer of motorcycle helmets shall sell sub-

standard helmets with counterfeit PS or ICC mark.

6.9 Conversion of motor muffler to produce loud sounds is prohibited.

ARTICLE V. EXEMPTION

Section 7. Drivers of tricycles shall be exempted from complying with

the mandatory wearing of the standard protective motorcycle helmet.

ARTICLE VI. MISCELLANEOUS PROVISION

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SECTION 8, ARTICLE VI OF MUNICIPAL ORDINANCE NO. 02-2013 is
hereby amended and shall now be read as follows
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_

Section 8. Authorization. The Municipal Mayor is hereby

authorized to implement this Municipal Ordinance and / or through delegation of
authority, may authorize the Local PNP Chief, Barangay Police and Traffic
Enforcers to carry out the purposes of this Ordinance.

ARTICLE VII. PENAL PROVISIONS

Section 9. Imposition of Penalties. Any person found violating this

Municipal Ordinance shall be meted the following fines and penalties:

Municipal Ordinance No. 48-2018 AMENDED REVISED MOTORCYCLE HELMET ORDINANCE 2018
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________________________________________________________________
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SECTION 9.1, SECTION 9 ARTICLE VII OF MUNICIPAL ORDINANCE NO. 02-
2013 is hereby amended and shall now be read as follows
________________________________________________________________
_

9.1 All motorcycle drivers and back riders found violating this
Ordinance shall be fined FIVE HUNDRED PESOS (PhP500.00) for
every following offenses:

19.1.1. Unregistered Motor Vehicle

19.1.2. Unlicensed Driver
19.1.3. Colorum / Unfranchised Operation
19.1.4. Invalid or Suspended/revoked/ expired DL
19.1.5. Out of Line
19.1.6. Student Driver not accompanied by LD
19.1.7. Discourteous driver / conduct
19.1.8. CR / OR not carried
19.1.9.Unauthorized / improvised plates
19.1.10..No required MV parts/accessories
19.1.11.Unauthorized wearing of slippers/shirt
19.1.12.Allowing passengers on top of Motorcyle
19.1.13 Reckless driving
19.1.14.Obstruction
19.1.15 AND AMONG OTHER VIOLATIONS

9.2 All sellers and / or dealers of new motorcycles and motorcycle

helmets found violating this Ordinance shall be fined for the
following offenses:

9.2.1 First Offense – Reprimand the violator/s and a fine of ONE

THOUSAND (P 1,000.00) PESOS;

9.2.2 Second Offense – A fine of ONE THOUSAND FIVE

HUNDRED (P 1,500.00) PESOS and three (3) months
suspension of business operation;

9.2.3 Third Offense – A fine of TWO THOUSAND (P 2,000.00)

PESOS and six (6) months suspension of business
operation; and

9.2.4 Fourth and Succeeding Offense – A fine of TWO

THOUSAND FIVE HUNDRED (P 2,500.00) PESOS and
revocation of business permit;

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Section 9.3 is hereby supplemented under ARTICLE VII OF MUNICIPAL
ORDINANCE NO. 43-2018 and shall be read as follows
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For motorcycles found to have modified, altered, converted or deviated the

original design of its muffler, will automatically be stripped by the authority
or apprehending officer.

ARTICLE VIII. FINAL PROVISIONS

Municipal Ordinance No. 48-2018 AMENDED REVISED MOTORCYCLE HELMET ORDINANCE 2018
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 Section 10. Separability Clause. If for any reason, any section or
provision of this Ordinance shall be held to be unconstitutional or invalid by
competent authority, such judgment or action shall not affect or impair the other
sections or provisions thereof.

Section 11. Applicability Clause. All other matters relating to the

imposition in this Municipal Ordinance shall be governed by pertinent provisions
of existing laws and other ordinances.

Section 12. Repealing Clause. All ordinances, rules and regulations, or

part thereof, in conflict with, or inconsistent with any provisions of this Municipal
Ordinance are hereby repealed or modified accordingly.

Section 13. Effectivity. This Motorcycle Helmet Ordinance of the

Municipality of Sto. Tomas, Province of Pampanga shall take effect FIFTEEN
(15) days after posting in the bulletin board of Municipal Hall, barangay halls and
other conspicuous places in the Municipality of Sto. Tomas, Pampanga.

UNANIMOUSLY APPROVED.

I HEREBY CERTIFY, that the foregoing Municipal Ordinance No. 48 - 2018,

otherwise known as “AN ORDINANCE AMENDING SECTIONS 1 AND 13 AND
SUPPLEMENTING ARTICLE VII OF MUNICIPAL ORDINANCE NO. 43-2018
ALSO KNOWN AS AN ORDINANCE ENACTING THE REVISED
MOTORCYCLE HELMET ORDINANCE 2018 OF THE MUNICIPALITY OF STO.
TOMAS, PROVINCE OF PAMPANGA” was enacted by the Sangguniang Bayan
of Sto. Tomas during its regular session held on September 5, 2018 at the Third
Floor, Session Hall, Municipal Building Annex, San Matias, Sto. Tomas,
Pampanga.

CRISTINA Y. TORRES
Secretary to the
Sanggunian

Attested by:

SANGGUNIANG BAYAN MEMBERS

Hon. JOSEFINO F. NAGUIT, JR. Hon. YAYADIN A. QUIAMBAO

Hon. ENGELBERT T. EUPERIO Hon. FIDEL T. CALMA

Hon. ANJELI A. TANTAMCO Hon. ANGEL S. DAVID

Hon. TERESITA D. JUAREZ Hon. ERWIN G. TIRASOL

HON. JOEL V. LAYSON Hon. HERSHEY T. SAMBO

LnB President PPSK

Municipal Ordinance No. 48-2018 AMENDED REVISED MOTORCYCLE HELMET ORDINANCE 2018
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 HON. GLORIA P. RONQUILLO
Municipal Vice Mayor / Presiding Officer

Approved by:

HON. JOHNNY A. SAMBO

Municipal Mayor

Date Approved: _________________

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