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Helmet law revisited

Discussion in '☋ Dumaguete City ☋' started by shadow, Jun 5, 2010.

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  1. shadow

    shadow DI Forum Luminary

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    From the Visayan Daily Star;

    LTO-NegOr means business
    in helmet law implementation
    BY JUANCHO GALLARDE

    The Land Transportation Office in Negros Oriental means business in implementing the law requiring the wearing of helmets by motorcyclist in Dumaguete City and the province, six months after it was enacted into law on March 20, 2010.

    The mandatory wearing of helmets is provided in Republic Act 10054.

    LTO chief Roland Ramos, the Dumaguete Traffic Management Task Force headed by Nick Elman of Silliman University, and the Traffic Management Office headed by Nonong Honculada are coordinating in the efforts to educate the public on the new law.

    While the information dissemination is going on, the Department of Trade and Industry is also expected to issue guidelines on specifications over the type of helmets to be used.

    Meanwhile, it was clarified that the injunction case filed against the LTO before the Regional Trial Court, and which is on appeal before the Court of Appeals, has been rendered moot and academic with the passage of this law.

    The LTO in Dumaguete was brought to court for enforcing the helmet law by way of only an Administrative Order.

    City legal officer Neil Ray Lagahit said, this has been superseded by a more recent law.

    Republic Act 10054 further states that any person caught not wearing the standard protective motorcycle helmets shall be punished with a fine of P1,500 for the first offense, P3,000 for the second offense, P5,000 for the third offense and P10,000 for the fourth offense plus confiscation of the drivers license for the fourth and succeeding offenses.

    Provisions were also made for the seller and dealer who sells or distributes substandard motorcycle helmets, or those which do not bear the PS mark or ICC certificate.

    Tampering, alteration, forgery and imitation of the PS mark and the ICC certificates in the helmets will also be fined.

    Ramos said they are ready for its enforcement in cooperation with the TMO headed by the operations officer Danny Atillo.


    Here is the actual law that was passed in March;

    http://www.senate.gov.ph/republic_acts/ra 10054.pdf



    So now we are back to square one. Since this is newly implemented, I wonder how many years it will take for DTI to inspect and provide stickers for new helmets that pass their "tests". (I wonder also if anyone has yet informed DTI of their responsibility)

    It appears to me that in order to obtain one of these helmets may become quite troublesome, if not impossible. Surely there is not enough available "approved" helmets here for all operators and passengers of the estimated 40,000 motorcycles in Dumaguete. I would venture a guess that one would have a hard time finding one right now, and if one did find one it would cost in excess of P5000.

    I also note that to wear a helmet which does not have these stickers or marks carries a fine double that of wearing no helmet at all, P3000 for first offense.

    This, if enforced, will create a great hardship on many people here, the people who can least afford it.

    Larry
     
  2. sfgb35

    sfgb35 DI Member

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    Helmets

    So they will start enforcing this law when? I have seen the police traffic cops, who ever, stopping people but i am not sure they were fining them.
    I have a helmet and wear it, most of the time..
    So what about habal habal riders...and familes with 5 people in....riding a bike around could fiancially ruin a family for years !!! What about when u are carrying two goats like i saw the other day in Siaton....do the goats have to wear helmets......and the tricycle with twelve people onit, init clinging to it, if your on the inside you dont need helmet but if u are clinging on for dear life then u do........what about the fifty odd people riding the top of a lorry...they dont need helmets ???

    Ok ok i best stop i am being silly...

    You got to love it here....
     
  3. pfotoguy

    pfotoguy DI Forum Adept

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    Wearing a helmet is not a bad idea. I had a bad accident 2 years ago. Looked like Evel Knievel going head over heals on the Las Vegas fountain jump.

    I kept thinking as my head struck the pavement 3 times. "sure glad I got this Fooking helmet on"
     
  4. KTM

    KTM DI Senior Member

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    Agree with most of your points Larry, but...... if they can afford a bike then they should be able to afford a helmet IMHO.
    Also if they pawn all the exhausts, fairings and rear view mirrors they love to take off here, then I'm sure they'll definitely get enough cash for a helmet!:D
    Remember the old Bell helmet advert? "If you have a $10 head, wear a $10 helmet." :wink:
     
  5. OP
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    shadow

    shadow DI Forum Luminary

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    Well, maybe they could afford it with financing! Quite frankly it will hurt our budget too.

    Larry
     
  6. Jack Peterson

    Jack Peterson DI Forum Luminary Highly Rated Poster SC Connoisseur Veteran Air Force

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    :confused: I brought 2 Bright Red Helmets back from Madrid last Month for my Daughter and Wife, I have always Worn a helmet as we had this law in the 60's so Got used to it ( and glad I did on many occasions in the UK ) They are both EEC approved and Kite marked. I trust they will be approved in Dgte. Will I have to have them inspected do you think? At this time They both insist that this law is just not going to be enforced. Maybe a referendum from members might help to evaluate the authorities intentions. :(
     
  7. OP
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    shadow

    shadow DI Forum Luminary

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    The way the law reads they must be helmets approved by DTI, which means that GOOD helmets brought personally from overseas such as Bell etc. will not meet the standards. The fine for wearing an unapproved helmet is double that of wearing no helmet.

    I kinda doubt the DTI will entertain you enough to inspect and pass your helmet!

    Larry
     
  8. Jack Peterson

    Jack Peterson DI Forum Luminary Highly Rated Poster SC Connoisseur Veteran Air Force

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    :eek: mm Food for thought here, These helmets are by Atholl/Nitro and supplied to all purchases of SYM machines from Taiwan. I notice there are a lot of SYM riders in Dgte, Maybe they will all have to check the approval of these helmets. World Riders ( Track) use these, it will surprise me to hear that someone, somewhere knows better that professional Riders and machine makers BUT then I guess it will just another Like it or Lump it situation.
    For preference I wear " NITRO " considered to be the Best by major Japanese Manufactures of Bikes. Any updates will be graciously received as I feel this will go on for a long time until they all get together and sing from the same Hymn Sheet.:o
     
  9. bikerdave

    bikerdave DI Senior Member

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    So I guess the guys I see wearing construction hard hats will still be ok (especially if they are colored safety yellow
     
  10. Jack Peterson

    Jack Peterson DI Forum Luminary Highly Rated Poster SC Connoisseur Veteran Air Force

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    :confused: Come on Biker dave, your very name suggests that you have a vested interest in this. all I am trying to enquire is WHO! will set the standard. The rest of the world already has and has implemented Crash helmet law MANY years ago. Mine was at a cost last year over £160 that's some 10.400 php. I think that is approved enough for EEC standards. No need for the quip about yellow builders hats that we all know will not even stop Bird poo! :eek:
     
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