MDPPA Rider’s Guide to Philippine Laws in Motorcycle Riding

Muntinlupa City, Philippines | August 9, 2023 – The Philippines has embraced using motorcycles for daily commutes and delivery of goods and services, mainly fueled by their convenience in dealing with traffic and relatively lower cost than owning a car.   

As the number of motorcycle riders continues to rise in the Philippines, there has been a corresponding increase in motorcycle taxis and delivery services. However, this upward trend has also resulted in a higher incidence of motorcycle accidents during the first four months of 2023. The Philippine National Police-Highway Patrol Group (PNP-HPG) has reported approximately 4,000 motorcycle crashes, which already account for half of the 8,342 incidents recorded in 2022. 

 

The alarming issues in motorcycle crashes in the country call for greater caution for riders to be more mindful in navigating the roads and adhere to the laws designed to safeguard their safety and that of pedestrians. To promote safer roads in the country, MDPPA shares these important laws that every rider should be aware of.  

   

Land Transportation and Traffic Code. Also known as Republic Act No. 4136, this serves as legislation governing the registration and operations of motor vehicles and the licensing of owners, dealers, conductors, drivers, and other related matters. It covers the rules and regulations for driver’s licenses, general traffic rules, vehicle registration and operation, traffic enforcement and penalties, traffic safety education, and more.   

 

Additionally, LTO Memorandum Circular 2019-2176, in consonance with RA4136, as amended, stipulates a strict implementation of standardized Driver Education, which aims to enhance awareness of safety when using public roads and effective communication with other road users. This is the fundamental law every road user, both motorcycle riders and vehicle owners, should be aware of. Any violation under the Republic Act will lead to corresponding fines and penalties.  

 

Motorcycle Helmet Act of 2009. Also known as Republic Act No. 10054, this requires all motorcycle riders to wear approved protective helmets and imposes penalties for non-compliance to the standards. Its objective is to prioritize the utmost safety of riders from any “ruinous and extremely injurious effects of fatal or life-threatening accidents and crashes.” Furthermore, the act encourages efforts to promote the proper usage of helmets among motorists. 

 

Failure to comply with the Motorcycle Helmet Act of 2009 will result in a fine, such as Php1,500 for the first offense, Php3,000 for the second offense, and Php5,000 for the third offense. However, if a motorcycle rider continues to violate this law, the fourth and following offenses will lead to a Php10,000 fine and confiscation of a driver’s license. 

 

Anti-Drunk and Drugged Driving Act of 2013. One of the most common vehicular accidents is driving under the influence of alcohol and dangerous drugs. Enacted as Republic Act No. 10586, the Anti-Drunk and Drugged Driving Act of 2013 addresses driving under the influence of alcohol, dangerous drugs, and other similar substances. Its jurisdiction covers all drivers and riders operating both public and private vehicles.  

 

Riders or drivers who break this law will face different penalties depending on the situation. For violators that do not cause physical injuries or homicide, they will pay Php20,000 up to Php80,000 fine and be imprisoned for three months. If it leads to physical injuries, individuals at fault will be subjected to the applicable penalty mentioned in the Article 263 of the Revised Penal Code and pay a fine of Php100,000 to Php200,000. 

 

Other than that, violations resulting in death will allow authorities to impose a Php300,000 to Php500,000 fine and a penalty stated in the Article 249 of the Revised Penal Code. With non-professional riders or drivers, the first conviction will result in confiscation and a 12-month suspension of license, while the second conviction will lead to its cancellation. Meanwhile, the first conviction for professional riders or drivers will enable authorities to confiscate and permanently revoke the license. 

   

Children’s Safety on Motorcycles Act of 2015. Back riding or pillion riding is common in the motorcycle riding community. However, it poses significant risks, especially when children are involved. 

 

Enacted as the Children’s Safety on Motorcycle Act of 2015, this regulation strictly prohibits “any person to drive the vehicle with a child on board on public roads where there is a heavy volume of vehicles.” It also prohibits driving on roads with many fast-moving vehicles.  

 

Any individual found driving with a child on a busy street without appropriate protection will be subjected to corresponding fines, such as Php3,000 for the first offense, Php5,000 for the second offense, and Php10,000 for the third offense with a one-month license suspension. After that, the following offenses will result in a Php10,000 fine and immediate cancellation of the driver’s license. 

 

Anti-Distracted Driving Act. Also called Republic Act No. 10913, this law prohibits all riders and drivers from utilizing gadgets whenever on the road, whether it is to read, create, or send messages, accept or make calls, and more. If a motorist violates this law, the person will pay a fine of Php5,000 for the first offense and Php10,000 for the second offense. 

 

For the third offense, the violator will need to face a Php15,000 fine together with a three-month suspension of the driver’s license. In the fourth and following offenses, the motorist will be penalized with a Php20,000 fine and cancellation of driver’s license. 

 

Motorcycle Crime Prevention Act. This law is also known as the Republic Act No. 11235, which “prevents and penalizes the use of motorcycles in the commission of crimes by requiring bigger, readable and color-coded number plates and identification marks, and for other purposes.”  

IS METRO MANILA NOW READY FOR NCAP?

Last August 2022, the Supreme Court issued a temporary restraining order (TRO) against the implementation of the no-contact apprehension policy (NCAP) for traffic violators in Metro Manila.

The TRO stops the implementation of NCAP-related programs and ordinances and any apprehensions through the said policy and ordinances "shall be prohibited until further orders from the Court."

The order also halted the Land Transportation Office (LTO) and all parties acting on its behalf from giving out motorist information to all government units, cities, and municipalities enforcing NCAP programs and ordinances.

But last June 14, 2023, renewed calls to bring back NCAP were revitalized after a fatal accident happened at the EDSA Shaw Boulevard tunnel where a motorcycle driver was hit by an SUV drive. Both motorists happened to be in the EDSA Carousel Bus Lane resulting in the former getting run over by a tanker driver in the adjacent lane.

Because of this, the Metropolitan Manila Development Authority (MMDA) wasted no time in coordinating with the Office of the Solicitor General in the filing of a motion before the Supreme Court to consider lifting the temporary restraining order on the implementation of the NCAP.

It’s sad to know that a gruesome incident had to happen but aside from this, MMDA acting chairman Romando Artes said they will use the data they obtained in the past months showing an increase in the number of road accidents and traffic violations after the NCAP was suspended in August last year.

“We find it difficult to enforce the exclusivity of the said lane without the certainty of a CCTV-assisted apprehension, thereby exposing our motorcycle riders to a greater risk,” said Artes. “We keep on reminding motorists not to use the innermost lane of EDSA as it may result in an accident, but despite our repeated calls and pleas, many drivers of privately-owned vehicles and motorcycle riders disregard the policy,” Artes added.

Aside from MMDA, Metro Manila Council President and San Juan Mayor Francis Zamora is also leading the discussion to raise the TRO on NCAP.

According to Zamora, MMDA data shows from August 2022 to May of the present year has already resulted in an average of 25,926 per month as compared to a monthly average of 9,500 before NCAP was suspended.

“This data shows that we have more than a double increase in the number of violations. Having been Mayor of San Juan for the last four years, it is close to impossible to have traffic enforcers all over the city of San Juan, more so all over the entire Metro Manila. Having NCAP deters motorists from committing traffic violations” shared Zamora.

For those with an interest in road safety, NCAP represents a step forward, in terms of our enforcement of traffic laws.

In the few months it was implemented in San Juan, Quezon City, Manila, Valenzuela City, Muntinlupa City and Paranaque City, NCAP did bring benefits that some would say were unfairly ignored in the debate.

These cities that have fully implemented NCAP cited decrease in obstructions, choking of traffic from apprehended vehicles, reckless driving, and hazardous motorists’ habits.

It is unfortunate that we needed to wait for a fatal accident in order for us to see the benefits of NCAP. And aside from this incident, many agree that it is now time for the TRO to be lifted. With NCAP already addressing a lot of the public’s concern, this July the handheld device for the Single Ticketing System (STS) will have a pilot test to be spearheaded by the Metro Manila Development Authority (MMDA).

With the STS in place, it will enable the Metro Manila local government units to strictly enforce traffic laws, at the same time, harmonize the existing national and local laws on traffic enforcement to establish an effective transport and traffic management system.

EFI’s Boundary Hulog pPogram to Help PUJ Modernization Program

Manila, March 20, 2019 –Top jeepney manufacturer Elmer Francisco Industries (“EFI”) and Hong Kong-based firm Madison Holdings Group (“Madison”) look forward to a potential business collaboration that will make brand new jeepneys affordable to transport groups and individuals through a flexible financing program. The financing program will help operators and drivers abide by the government’s Public Utility Vehicle Modernization Program (PUVMP). This is pursuant to Department of Transportation’s (DOTr) Department Order No. 2017-011, the Omnibus Guidelines on the Planning and Identification of Public Road Transportation Services and Franchise Issuance.

Under the PUVMP, jeepneys that are at least 15 years old are deemed road unworthy. The Land Transportation Franchising and Regulatory Board (LTFRB) noted that by 2020, around 180,000 jeepneys should be replaced with safer, more efficient and environment-friendly jeepneys.

However, it is likely to be challenging for the transport groups to be able to afford a new jeepney that costs up to two million pesos each. EFI Founder and Chairman Elmer Francisco said, “The main concern is the investment needed to buy a brand new jeepney.”

After a series of consultations with the transport groups, EFI formulated the flexible financing program called the Boundary Hulog. Francisco explained, “This is why EFI’s Boundary Hulog program is designed to match the paying capability of the operators/drivers. They can choose to complete the payment in eight, nine, or even 15 years. What’s important is their income is not affected by the purchase of the jeepney as they follow the law.”

Madison believes there will be significant upfront and recurring demand for electric-powered jeepneys which are compliant with the program. Under the cooperation agreement with EFI, Madison will exclusively supply these electric-powered jeepneys to EFI, as well as provide financial and blockchain services, including a cryptocurrency fare payment system. 

The transport sector expressed interest in this potential business collaboration. This includes transport groups Alliance of Concerned Transport Operators (ACTO), Alliance of Transport Operators and Drivers Association of the Philippines (ALTODAP), Federation of Jeepney Operators and Drivers Associations of the Philippines (FEJODAP), Juan TSC, Luzviminda Transport Federation, Nobablum Transport, Western Bicutan TSC, Tubojoda, and Twelve Star TSC.

EFI last year launched its Francisco Passenger Jeepney (FPJ) in response to the jeepney modernization program. These were designed to be environment-friendly and to operate for the safety and convenience of the riding public.

FPJs come in Euro IV-compliant diesel-powered variant, and electric-powered jeepneys (e-jeep). Other features include automated fare collection, CCTV cameras, free wifi, speed limiters, and air conditioner for some units. FPJs also have a capacity of passenger capacity of 34, which is almost twice more than the standard jeepneys with 20-passenger capacity.

About Madison Holdings Group

Madison Holdings Group Ltd. (“Madison”) is a fintech services company  headquartered in Hong Kong with businesses across the globe and is the only full-suite blockchain financial services company listed on the Hong Kong Stock Exchange (Ticker: 8057 HK). Madison delivers a comprehensive financial services platform providing both traditional and blockchain financial services, ranging from securities brokerage, investment advisory, asset management, cryptocurrency exchange platform licensed in Japan to high performance computing and cryptocurrency mining facilities in Sweden. The team comprises an executive team of financial industry veterans from global investment banks, and a comprehensive software team from blue chip institutions.

About Elmer Francisco Industries

Elmer Francisco Industries (EFI) is an established local assembler, distributor and manufacturer widely known in the Philippine automotive industry. The company started as small shop that specialized in painting jeepneys in 1947 before they became a reputable jeepney body builder and was called Francisco Body Builder (FBB) four years later. Since it was incorporated in 1960 as Francisco Motor Corporation, it intends to serve the Filipino market through continuous innovations of their product and services. Now, Elmer Francisco Industries undertakes the mass production of the modernized version of the Philippine work-horse dubbed as the King of the Road, the Jeepney.