Helmet law amendments now being considered?

As if effectively bombarded by the loud voices of 20,000 protesting motorbikers of Dumaguete City , the Dept of Transportation and Communications (DOST), thru Sec. Mar Roxas, has effectively suspended the implementation of the Helmet Law, RA 10054, nationwide, until January 1 next year, in order to give time for policy makers to reflect and make necessary amendments to suit local conditions.

One of the major proposed amendment to the law is a provision that would allow Local Governments to pass local ordinances which would suit local conditions so long as these are not inconsistent with the spirit of the national law.

It was only yesterday when four major advocates of the hold-helmet-law in the city issued a joined appeal for its suspension until local conditions nationwide are met. Read their appeal as printed earlier and elsewhere on this issue.

The DOST Sec. Mar Roxas issued the announcement to all Land Transportation Offices nationwide in order to give time for government to study possible amendments such as:

1. The assigning of speed limits in small towns and cities that may or may not require the use of helmets in view of the proximity of their distances from churches, schools, houses, markets, parks and the like;
2. The enforcement of DTI inspections of all motorbike helmets among importers, and manufacturers and not on consumers;
3. The standardization of the consumers prices of helmets which should be affordable to simple wage earners; and
4. The non-coverage by insurance companies of those accident victims found violating the helmet law; among others.

As this developed, the entire community of 20,000 motorbikes in the city, and more if not similar numbers in the towns and cities of Negros Oriental, lauded the timely suspension of the helmet law until Jan. 1 next year.
This should give policymakers in Congress ample time to make proper amendments.

Our congressmen should now make consolidated relevant amendments on the Helmet Law (RA10054), so that by January next year, upon resumption of its implementation, our congressmen will not be blamed for being remiss in promoting and protecting the welfare of their constituents.

Mind you, 2013 is an election year, the Helmet Law amendments could become a major election issue nationwide.
With the local court ruling in favor of the national helmet law and its opponents scrambling to make their case before the Court of Appeals, more than 20, 000 motorcycle owners including sellers and dealers expect the full implementation of the unpopular law, at least in Negros Oriental starting January 1 ,2013, bearing in mind the harsh penalties to be imposed for every violation.

Even the law’s harshest critic like Association of Barangay Councils Provincial President Arnie Teves concede that there is no more hindrance to its implementation by next year. Amendments should now be rushed by our Congressmen.

Land Transportation Office Chief Roland Ramos declared that from the start he has already foreseen the favorable ruling of the court and his stern determination to impose the law aggressively all to serve its “noble” ends that shall involve the deployment of his officers and deputies.

Vice-Mayor Alan Gel Cordova, who led a group of Dumaguete City Councilors namely Antonio Remollo, Joe Kenneth Arbas, Manuel Arbon and Association of Barangay Councils President Albert Aquino, said that while his group will not concede despite the setback suffered after the local RTC unfavorable ruling, the lawyer-politician thanked the DOST in considering the plight of the masses.

Many pertinent provisions of the existing law need to be re-visited by our congressmen for possible amendments. Presently, Republic Act No. 10054 otherwise known as the national helmet law provides penalties against drivers, most of whom belong to the D and E social class, caught not wearing the standard protective motorcycle helmet shall be punished with a fine of P 1,500.00 for the first offense; P 3,000.00 for the second offense; P 5,000.00 for the third offense and P 10,000.00 plus confiscation of the driver’s license for the fourth and succeeding offenses.

The imitation of PS mark and ICC certificates in the helmets shall be punished with a fine of not less than P 10,000.00 but not more than P 20,000.00. All these are now subject to possible amendments that will suit local conditions, Sec. Mar Roxas said.
The Department of Trade and Industry will abide by the DOST ruling of suspending the Helmet Law until next year. Under the law it shall issue guidelines for importers, manufacturers and not the consumers, including the specifications on the standard protective motorcycle helmets and through its Bureau of Products Standard shall conduct testing of all manufactured and imported motorcycle helmets in the helmets to see if they pass the standards of the BPS utilizing the United Nations Economic Commission for Europe.

The Provincial Board directed the DTI to stop the collection using the official receipt of the province. Board Member Arnie Teves also took to task the DTI for failing to provide a convincing proof that the helmets were tested for its fitness. Teves , who forced the admission by the agency that despite its P 100 collection per helmet being tested, the personnel were not trained nor any equipment available to determine with certainty that the hundreds of helmets submitted daily for inspection are up to the standards. (by Florence Baesa and Dems Demecillo)

The Negros Chronicle - Dumaguete News | Latest Updates from Dumaguete City and around Negros Oriental, Philippines

Larry

 

The contents of the afore mentioned post speaks for itself. Nevertheless, confusion all around. What to think about the following. Wednesday last (Aug. 1) driving a motorcycle without an helmet around 8:45 pm on North Road within the limits of the municipality of Sibulan into the Dumaguete City direction. A road check of the PNP give me a sign to stop. The most friendly police officer explained to me he made me stop for not wearing an helmet. When I replied the implementation of the helmet law has been suspended up till January 1 next year, he answered that in spite of this, I was still obliged to wear an helmet without or without an ICC sticker. For this offense no fine or punishment involved as only a warning, however next time he said it will be no more warning. Seems like each municipality or city now has it's own explanation.

 

In Sibulan the helmet law has been in place for a couple of years and is a town ordinance.. But like everything else it is only occasionally enforced.

 

The senator who authored this law admitted that he "did not know that the motorcycle is the mode of transportation of the poor masses in the provinces".

Local government units see what is most appropriate for their own local environments.. not an imperialistic Manila government.

 

I have put my name on a Petition that asked to cancel the Helmet law, the lists were at the Barangay Hall and that was about a month ago, I don't know if it's still ongoing...

 

This stuff always cracks me up. they can't afford helmets but they can afford cigarettes. booze, gambling, and raising cock fighting roosters. (which the take more pride in and better care of than there children) they don't respect or abide bay any traffic laws anyway.

 

The whole problem is this law is like so many here, pages and pages long, amendments, etc.. instead of keeping it simple they complicate it and fill it with grey area's and other area's open for interpretation.. remember these law's are written by lawyers who only stand to gain from the process that is sure to come under dispute.. The senator who "wrote" the law is a movie actor, cannot speak english and is also not a graduate so who wrote the law????O-|

 

I guess maybe, one of the Film Studio Comedy Script writers. :D

 

I have beenh a biker for over 30 years, From Hondas to Harleys.
Anyone who do's not wear a helmet is a compleate Dick as far as I am concerned.
You obviousley have no respect for yourself or your family.....O-|

 

I've been riding motorcycles for over 40 years, from Yamaguchis to Motoguzzis. Anyone who tries to force their own preferences and ideals on some one else who does not effect them is a dick, in my opinion, and obviously cares only for themself.

Larry