Children aboard motorcycles

Dear PAO,

The schools have opened their doors to students for the new school year. As I pass by a nearby school, I observed that there are small children on board motorcycles. Is there a law that would address said risk to the safety of the child’s welfare?

Victor

Dear Victor,

Please be informed of Section 4 of Republic Act 10666, known as the “Children’s Safety on Motorcycles Act of 2015,” which states that:

“Section 1. It shall be unlawful for any person to drive a two (2)-wheeled motorcycle with a child on board on public roads where there is heavy volume of vehicles, there is a high density of fast-moving vehicles or where a speed limit of more than 60/kph is imposed, unless:

“(a) The child passenger can comfortably reach his/her feet on the standard foot peg of the motorcycle;

“(b) The child’s arms can reach around and grasp the waist of the motorcycle rider; and

“(c) The child is wearing a standard protective helmet referred to under Republic Act No. 10054, otherwise known as the “Motorcycle Helmet Act of 2009.”

Based on the above-stated law, it is illegal for any person to drive a motorcycle with a child on board based on the three (3) above-written circumstances, unless all three (3) conditions are present. As stated in said law, in order to allow children to ride a motorcycle, motorcycle riders should make sure that the child can comfortably reach his/her feet on the standard foot peg of the motorcycle, and the said child’s arms can reach around and grasp the waist of the motorcycle rider. Further, the child must wear a prescribed standard protective helmet. Should a person violate this provision of law, the driver shall be punished with a fine of P3,000 for the first offense, P5,000 for the second offense, and P10,000 for the third and succeeding offenses. In addition to the fine, the driver’s license of the offender shall be suspended for one month if it pertains to the third offense. Offenses committed beyond the third offense shall result in the automatic revocation of the offender’s driver’s license.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.