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SADDLETALE: Why local governments need to have a separate motorcycle helmet ordinance

Gilbert Chao · Aug 29, 2023 06:41 PM

motorcyclist no helmet

One local government unit is sending a clear message to motorcyclists: Wear your helmet!

By now, we’re probably already tired of hearing all about the Motorcycle Helmet Act of 2009, also known as the Republic Act (R.A.) 10054.

This national law enforces the mandatory wearing of helmets for motorcycle riders. However, we still see quite a number of riders on the road sans helmets, more so in the provincial areas.

Why is this so? Well, it’s complicated.

Who will enforce?

Section 3 of the R.A. 10054 states: “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.”

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Clearly, the law applies when riding on any type of road be it a barangay road or a back alley, regardless of whether you are on a long-distance tour or just on a short ride to buy pan de coco.

Yet, there are no Metropolitan Manila Development Authority (MMDA) enforcers in the provinces and not all traffic enforcers of local government units (LGU) are deputized by the Land Transportation Office (LTO) to issue tickets to violators.

Hence, the city government of Roxas in Capiz came out with its own motorcycle helmet ordinance on August 2023 to supplement the implementation of R.A. 10054.

Beefing up national law

roxas city councilor john paul arcenas

Roxas City councilor John Paul Arcenas is also an avid motorcyclist. PHOTO BY GILBERT CHAO (AUTOFUN PHILIPPINES).

The said ordinance was authored by city councilor John Paul Arcenas. 

It states: “WHEREAS, in order to more effectively implement the mandate in wearing motorcycle helmets there is a need to back up the national law (R.A. 10054) with a local legislation as not all local traffic enforcers of the L.G.U. are deputized by the Land Transportation Office (L.T.O.) and therefore, cannot issue citation tickets during apprehensions.”

A motorcycle rider himself, Arcenas fully understands the risks involved when riding motorcycles.

The ordinance states: “WHEREAS, it is hereby declared the policy of the State to secure and safeguard its citizenry, particularly the operators and drivers of motorcycles and their passengers, from the ruinous and extremely injurious effects of fatal or life-threatening accidents and crashes."

Arcenas also knows that a helmet is only effective when used properly. So, he added some provisions in Section 4 of the ordinance on the proper use of a standard motorcycle helmet.

“Standard protective helmets shall fit snugly on the rider’s head. They shall be worn properly by securely fastening the chin straps together, making sure that they fit the rider correctly. They shall sit squarely on the rider’s head, with no room for more than one finger space” it said.

This detail is not mentioned in the R.A. 10054 and, apparently, there’s a need to be specific as some riders “wear” their helmets on their elbows.

Helmets for all

The Roxas City government is also working with Mookem Philippines, a home-grown motorcycle helmet brand, to establish a local distribution network and make affordable helmets more accessible to its constituents.

The city will also be providing Mookem helmets to its civil servants who ride motorcycles so that they can serve as examples to the riding public.

While some LGUs ban the wearing of helmets, supposedly to help solve criminality, Roxas City is taking a step in the right direction.

Do you think having LGU-specific helmet ordinances will help minimize fatal head injuries in motorcycle crashes?

Did you enjoy this column? Give it five stars now below!

SADDLETALE is the weekly column of AutoFun Philippines Motorcycle Editor Gilbert Chao. Read about his thoughts on two-wheelers every Wednesday!

Gilbert Chao

Motorcycle Editor

A moto-journo who spends most of his time on the saddle unless otherwise saddled with desk work. His curious nature and poor sense of direction often take him on unplanned adventures.

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