Can a Child Ride a Motorcycle? RA 10666 Rules and Fines

Section 4 of the Children's Safety on Motorcycles Act of 2015 (RA 10666) makes it unlawful to drive a two-wheeled motorcycle with a child on board on certain public roads, unless three conditions are all met.

The roads covered. The rule applies on public roads:

• where there is a heavy volume of vehicles;
• where there is a high density of fast-moving vehicles; or
• where a speed limit of more than 60 kph is imposed.

The implementing rules (IRR) say that "public roads with high volume of vehicles" are roads designated as such by the DPWH, the MMDA, local government units or other government agencies. This page does not list which roads have been designated, so it cannot tell you which streets in your area are covered.

The three conditions. On those roads, the child may ride only if:

1. the child can comfortably reach the standard foot peg of the motorcycle with his or her feet;
2. the child's arms can reach around and grasp the rider's waist; and
3. the child is wearing a standard protective helmet under the Motorcycle Helmet Act (RA 10054).

If even one condition is missing, the ride is prohibited on those roads.

RA 10666 itself does not define "child". Its IRR does: a child is "any person below eighteen (18) years of age". So a 16-year-old back rider is still a child under this law.

Do not mix this up with the child car seat law (RA 11229). That law covers children 12 years old and below, and it does not apply to motorcycles or tricycles at all.

No. The law does not name an age. It uses the child's body instead: feet on the foot pegs, arms around the rider's waist, and a proper helmet. A small child who cannot reach the foot pegs fails the test, whatever his or her age.

Section 5 says the Act "shall not apply to cases where the child to be transported requires immediate medical attention." A parent rushing a sick or injured child to a clinic or hospital on a motorcycle is not violating RA 10666.

The Act also covers only two-wheeled motorcycles. Section 3 defines a motorcycle as a two-wheeled motor vehicle with one or two riding saddles.

Section 6 of RA 10666 sets these penalties for the person who drives the motorcycle in violation of Section 4:

If someone is hurt or killed. Section 8 adds one year of imprisonment for the rider or operator if, because of the violation, death results or serious or less serious injuries are inflicted on the child or any other person. This is without prejudice to the penalties under the Revised Penal Code.

Can the amounts change? Section 7 lets the LTO raise or adjust the fines once every three years, by not more than 20%, after public consultation and a study. The amounts on this page are the ones written in the Act.

The IRR of Republic Act No. 10930, which sets up the LTO point system, lists this violation. Its demerit schedule classes the first offense as light (1 point), the second as less grave (3 points), and the third and later offenses as grave (5 points). See LTO demerit points for what happens when points add up.

The IRR of RA 10666 says:

• an LTO law enforcement officer may flag down a two-wheeled motorcycle with a child on board on the covered roads (Section 5);
• on lawful demand, the rider must surrender his or her driver's license and show the motorcycle's Certificate of Registration (CR) and current Official Receipt (OR) (Section 6);
• the apprehension is decided under LTO rules (Section 7).

The Act also lets the LTO deputize the PNP, the MMDA and local governments to enforce it (Section 9). To dispute a ticket, see how to contest a traffic ticket.

These are made-up examples to show how the rules work. They are not advice for any real case.

Liza. Liza takes her 9-year-old son along a national highway with a 60+ kph speed limit. He wears a proper helmet and holds her waist, but his feet dangle above the foot pegs. One condition is missing, so the ride is prohibited there. For a first offense she faces a ₱3,000 fine.

Tonyo. Tonyo's daughter has a high fever at night, and the only vehicle at home is his motorcycle. He rushes her to the hospital. Section 5 applies: the child needs immediate medical attention, so RA 10666 does not apply to this trip.

Bea. Bea is 16 and rides behind her father on a busy city road. She is still a child under the IRR (below 18). She easily reaches the foot pegs and holds his waist, and she wears a PS-marked helmet. All three conditions are met, so the ride is allowed.

Nonoy. Nonoy has been caught three times with his young nephew on the highway without a helmet. On the third offense, he pays ₱10,000 and his license is suspended for one month. If it happens again, his license is automatically revoked.

A ticket can be paid or contested with the agency that issued it. Get legal advice if your license was suspended or revoked, if you think the road was not a covered road, or if anyone was injured or killed. In those cases a criminal case and a claim for damages are possible.

If you cannot afford a lawyer, see Free legal help in the Philippines.