House bill regulating kids on motorbikes passes 2nd reading

MANILA, Philippines - The House of Representatives has approved on second reading a measure ensuring the safety of children aboard motorcycles by regulating the operation of motorcycles along highways and roads.

House Bill 5626, to be known as the Motorcycle Safety for Children Act of 2011, seeks to prohibit any person from transporting children below the age of 10 on a motorcycle along highways unless the child is wearing a standard protective helmet, as provided for under Republic Act 10054, the Motorcycle Helmet Act of 2009.

RA 10054 provides that a child can be transported if his or her feet can comfortably reach the footrests of the motorcycle and the arms of the child can reach around and grasp the waist of the motorcycle driver.

Caloocan City Rep. Mary Mitzi Cajayon, one of the authors of the measure, said the bill seeks to limit the number of motorcycle passengers to two, including the driver, except in remote areas wherein the child to be transported is requiring immediate medical treatment.

Cavite Rep. Lani Mercado-Revilla, also an author of the bill, said the bill is consistent with the policy to provide safety measures to all riders and passengers particularly children passengers 10 years old and below aboard motorcycles.

Antipolo Rep. Romeo Acop, another author of the measure, said riding a motorcycle, whether as a driver or rider requires a balance of body weight and the weight of the bike especially in high-speed driving or weaving in and out of traffic.

“Children’s physical frailty and their lack of agility… while co-riding in a motorcycle place them at great risk,” Acop said.

The bill proposes to penalize violators the amount not exceeding P3,000 for the first offense, P5,000 for the second offense and P10,000 for the third and succeeding offenses.

For the second and third offense, the driver’s license of the offender shall be suspended for one month while violation beyond the third time shall result in the automatic revocation of the offender’s driver’s license.

The bill provides for qualifying circumstances wherein if a child is killed or injured, a penalty of one year imprisonment will be imposed on the driver or operator of the motorcycle involved in addition to the penalties provided under Republic Act 3815 or the Revised Penal Code, as amended, for the crime of reckless imprudence or negligence resulting in homicide or physical injuries of whatever nature.