WHEREAS, Sec. 13, Art. II of the 1987 Constitution provides that: “The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs”;
WHEREAS, on data from the Philippine Statistics Authority (PSA), there were 6,440 deaths caused by transportation accidents between January and September 2021 which has a 4.2 percent increase from the 6,179 deaths caused in the same period in 2020, despite mobility restrictions imposed by the government to prevent the spread of Covid-19;
WHEREAS, Republic Act No. 10666, otherwise known as “Children’s Safety on Motorcycles Act of 2015”, provides that it shall be unlawful for any person to drive a two (2) wheeled motorcycle with a child on board on public roads where there is a heavy volume of vehicles, there is a high density of fast-moving vehicles or where a speed limit of more than 60/kph is imposed;
WHEREAS, Republic Act No. 11229 or “The Child Safety in Motor Vehicle Act of 2018” mandates the use of age-appropriate and quality child restraint system (CRS) in motor vehicles and prohibits children below 12 years old to sit beside the driver when the vehicle is moving”;
WHEREAS, there is an increasing incidence of road traffic injuries involving children from when they start going to school at 5 years old, leading to deaths or lifelong disabilities;
WHEREAS, it is the imperative of the Sangguniang Panlungsod to provide stringent measures to ensure further the safety of children on roads within the City of San Juan.
NOW THEREFORE, BE IT ORDAINED AS IT IS HEREBY ORDAINED, by the Sangguniang Panlungsod of the City of San Juan in a session duly assembled that:
SECTION 1.TITLE- This Ordinance shall be known as “Child Safety on Motorcycle and Tricycle Ordinance of the City of San Juan”.
SECTION 2. PURPOSE – It is the mandate of the City Government of San Juan to pursue a more practical and preventive method to secure the well-being of passengers, especially children, by regulating the operation of tricycles and motorcycles along roads and streets of the City of San Juan.
SECTION 3. SCOPE- This Ordinance shall cover all tricycles and motorcycles operating and traversing within the territorial jurisdiction of the City of San Juan.
SECTION 4. DEFINITION OF TERMS. As used in this Ordinance, the following terms shall be understood as follows:
a. CHILDREN- refer to person/s 0-11 years of age.
b. PWD- Those who are mentally and physically incapable of responsibly riding behind the driver to ensure their safety.
c. FOOT REST/PEG- refers to a flat form attached to the motorcycles on which to stand or brace the feet;
d. MOTORCYCLE- refers to any two (2) wheeled motor vehicle having one (1) or two (2) riding saddles that are either powered by an internal combustion engine or battery-powered. It also includes a motorized bicycle that has an internal combustion engine;
e. PUBLIC ROADS- refers to road designed by the national government or the City Government of San Juan as roads for public use such as, but not limited to, national highways, city and barangay streets;
f. RIDER- refers to the driver of a motorcycle;
g. TRICYCLE- refers to any three (3) wheeled vehicles propelled by a motor.
SECTION 5. PROHIBITED ACTS ON MOTORCYCLES AND TRICYCLES- The following acts shall be strictly prohibited under this Ordinance:
1.Driving a motorcycle with a child on board on the road unless the following are all met:
a. The child passenger can comfortably reach his/her feet on the standard foot peg of the motorcycle;
b. The child’s arm can reach around and grasp the waist of the motorcycle rider; and
c. The child is wearing a standard protective helmet referred to under Republic Act No. 10054 known as the Motorcycle Helmet Act of 2009.
2.Driving a tricycle while a child is on board who is riding in the front or backseat of the tricycle driver.
3.Drivers accepting three passengers or more than the capacity of the tricycle.
SECTION 6. EXCEPTION- Notwithstanding the prohibition provided in Section 5, this Ordinance shall not apply to cases where the child to be transported requires immediate medical attention.
SECTION 7. PENALTIES- Any person who violates the provisions of this Ordinance shall be fined as follows:
A. First Offense | A. Two Thousand Pesos (P2,000.00) |
B. Second and Subsequent Offense | Five Thousand Pesos (P5,000.00) or an imprisonment of not exceeding three (3) months or both at the discretion of the Court |
The penalties to be imposed under this Ordinance shall be without prejudice to any other penalties which may be imposed pursuant to national law.
SECTION 8. IMPLEMENTING AGENCY- The Traffic and Parking Managements Office (TPMO) together with the Task Force Disiplina (TFD) and the Tricycle Regulatory Board (TRB) under the Office of the City Mayor, together with the San Juan City Police Station are tasked to create the Implementing Rules Regulation and to effectively implement the provisions of this Ordinance
SECTION 9. REPEALING CLAUSE - All Ordinances, local issuances, or rules inconsistent with the provision of this Ordinance are hereby repealed or modified accordingly;
SECTION 10. SEPARABILITY CLAUSE - If any portion of this Ordinance is declared unconstitutional and/or illegal, the remainder shall be in full force and effect.
SECTION 11. The authority, issuance, and approval hereof are subject to compliance with existing laws, rules and regulations.
SECTION 12. EFFECTIVITY: This Ordinance shall take effect fifteen (15) days after publication.