The
Department of Trade and Industry (DTI) reiterates its warning to retailers and
distributors selling substandard motorcycle helmets that the agency will
strictly enforce the law.
Under Republic Act 10054 or
Motorcycle Helmet Act, a new motorcycle helmet which bears the Philippine
Standard (PS) mark or Import Commodity Clearance (ICC) of the Bureau of Product
Standards (BPS) and complies with the standards set by the BPS shall be made
available by every seller and/or dealer every time a new motorcycle unit is
purchased and which the purchaser may buy at his option. Failure of the seller and/or dealer to comply
with the requirements provided shall be punished with a fine of not
less than Ten thousand pesos (Php10,000.00) but not more than Twenty thousand
pesos (Php20,000.00).
Any
person who uses, sells and distributes substandard motorcycle helmets or those
which do not bear the PS mark or the ICC certificate shall be punished with a
fine of not less than Three thousand pesos (Php3,000.00) for the first offense;
and Five thousand pesos (Php5,000.00) for the second offense, without prejudice
to other penalties imposed in Republic Act No. 7394 or the “Consumer Act of the
Philippines.”
Tampering,
alteration, forgery and imitation of the PS mark and the ICC certificates in
the helmets shall be punished with a fine of not less than Ten thousand pesos
(Php10,000.00) but not more than Twenty thousand pesos (Php20,000.00), without
prejudice to other penalties imposed in Republic Act No. 7394 or the
"Consumer Act of the Philippines.”
DTI enjoins
all retailers and distributors of motorcycle helmets to get their supply from
manufacturers and importers that have been given the Philippine Standard (PS)
license and/or Import Commodity Clearance (ICC) Certificate.
To recall, Congress promulgated Republic
Act 10054 otherwise known as Motorcycle Helmet Act in 2009 requiring all
motorcycle riders, including drivers and back riders to wear standard
protective motorcycle helmets or those that have a PS license or ICC mark at
all times while driving, whether long or short drives, in any type of road and
highway.
Effective January 1, 2013, motorcycle drivers caught driving without a protective helmet bearing the ICC seal will be issued citation tickets and penalized as stated in the Helmet Act of 2009.
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