No Helmet Fine in the Philippines (RA 10054)

Section 3 of RA 10054 says all motorcycle riders, "including drivers and back riders", must wear a standard protective motorcycle helmet at all times while driving. Three details matter:

• Both people on the motorcycle. The driver and the back rider are covered. A back rider caught without a helmet can be fined too, because the penalty applies to "any person caught not wearing" one.
• Every trip. The law says "whether long or short drives". A quick ride to the sari-sari store is not an exception.
• Every road. The rule applies on "any type of road and highway", not only on national highways.

The only exemption in the Act is in Section 4: drivers of tricycles do not have to wear a helmet.

Section 7(a) of RA 10054 sets these fines for a person caught not wearing a standard helmet:

Under RA 10054, confiscation of the driver's license comes only with the fourth offense. Before that, the penalty in the Act is a fine. These are the amounts written in the Act itself. For how LTO demerit points work, see LTO demerit points. If you think a ticket is wrong, see how to contest a traffic ticket.

Section 3 says a standard protective motorcycle helmet is one that complies with the specifications issued by the Department of Trade and Industry (DTI). The rest of the Act explains how you can tell:

• PS or ICC mark. Section 6 says that only standard protective helmets "bearing the PS or ICC mark" may be sold. PS is the Philippine Standard mark. ICC is the Import Commodity Clearance for imported helmets.
• Tested helmets. The DTI, through the Bureau of Product Standards (BPS), tests manufactured and imported helmets. Manufacturers and importers need a PS license or ICC before they sell.
• List of brands. The BPS periodically publishes a list of helmet makers, importers and brands that passed its standards.

Yes. Wearing the wrong helmet is a separate violation. Section 7(c) punishes any person who "uses, sells and distributes" substandard helmets, or helmets without the PS mark or the ICC certificate:

• at least ₱3,000 for the first offense;
• ₱5,000 for the second offense.

Section 7(c) also says this is without prejudice to the penalties in the Consumer Act (RA 7394).

Sellers have their own duties. When a new motorcycle is bought, the seller or dealer must make a new PS- or ICC-marked helmet available, which the buyer may choose to buy (Section 5). A seller or dealer who fails to do this faces a fine of ₱10,000 to ₱20,000 (Section 7(b)). Tampering with, altering, forging or imitating the PS mark or ICC certificate on a helmet is also fined ₱10,000 to ₱20,000 (Section 7(d)).

Yes. A child back rider is a back rider, so Section 3 of RA 10054 applies. A second law, Republic Act No. 10666, adds rules for children on busy or fast roads. One of its conditions is that the child is wearing a standard protective helmet under RA 10054. The child must also be able to reach the foot pegs and hold the rider's waist. See can a child ride a motorcycle? for the full rules and the separate fines.

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

Jessa. Jessa rides behind her brother on a five-minute trip to the market. She has no helmet and is stopped. RA 10054 covers back riders and short trips, so she can be fined ₱1,500 if it is her first offense.

Totoy. Totoy drives a tricycle in his town without a helmet. Section 4 exempts tricycle drivers, so the helmet rule of RA 10054 does not apply to him.

Mark. Mark wears a cheap helmet with no PS or ICC mark. He is wearing a helmet, but not a standard one. Under Section 7(c) he can be fined at least ₱3,000 for using a helmet without the PS mark or ICC certificate.

Rey. Rey has already been caught three times without a helmet. If he is caught a fourth time, the fine is ₱10,000 and his driver's license is confiscated.

Section 6 of RA 10054 gives the Department of Transportation and Communications (DOTC) and its attached agency, the Land Transportation Office (LTO), the job of issuing guidelines to implement the law. The DTI and the BPS handle helmet standards and testing. For who may stop you on the road, see LTO vs MMDA: who can ticket you. For LTO offices and license services, see the LTO guides.

A helmet ticket can be paid or contested with the agency that issued it. Legal advice can help if your license was confiscated, if you believe the ticket had no basis, or if the violation is part of an accident with injuries.

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