REPUBLIC ACT NO.

10054
AN ACT MANDATING ALL MOTORCYCLE RIDERS TO WEAR STANDARD
PROTECTIVE MOTORCYCLE HELMETS WHILE DRIVING AND
PROVIDING PENALTIES THEREFOR

Section 1. Short Title. - This Act shall be known as the "Motorcycle Helmet Act of 2009".

DEFINITION
A motorcycle helmet is a type of helmet (protective headgear) used by motorcycle
riders. The primary goal of a motorcycle helmet ismotorcycle safety - to protect the
rider's head during impact, thus preventing or reducing head injury or saving the rider's
life. Some helmets provide additional conveniences, such as ventilation, face shields, ear
protection, intercom etc.
Motorcyclists are at high risk in traffic crashes. A 2008 systematic review [1] examined
studies on motorcycle riders who had crashed and looked at helmet use as an
intervention. The review concluded that helmets reduce the risk of head injury by around
69% and death by around 42%. Although it was once speculated that wearing a
motorcycle helmet increased neck and spinal injuries in a crash, recent evidence has
shown the opposite to be the case, that helmets protect against cervical spine injury , and
that an often-cited small study dating to the mid-1980s, "used flawed statistical
reasoning".[2][3][4]

ORIGIN
In May 1935, T. E. Lawrence (known as Lawrence of Arabia) had a crash on a Brough
Superior SS100 on a narrow road near his cottage nearWareham . The accident
occurred because a dip in the road obstructed his view of two boys on bicycles. Swerving
to avoid them, Lawrence lost control and was thrown over the handlebars.[5] He was not
wearing a helmet, and suffered serious head injuries which left him in a coma; he died
after six days in hospital. One of the doctors attending him was Hugh Cairns , a
neurosurgeon , who after Lawrence's death began a long study of what he saw as the
unnecessary loss of life by motorcycle despatch riders through head injuries. Cairns'
research led to the use of crash helmets by both military and civilian motorcyclists.[6]

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Section 2. Declaration of Policy. - It is hereby declared the policy of the State to secure
and safeguard its citizenry, particularly the operators or drivers of motorcycles and their
passengers, from the ruinous and extremely injurious effects of fatal or life threatening
accidents and crashes. Towards this end, it shall pursue a more proactive and preventive
approach to secure the safety of motorists, their passengers and pedestrians at all times
through the mandatory enforcement of the use of standard protective motorcycle helmet.

Motorcycle accident in the Philippines occurs on almost a daily basis. Every year
motorcycle accidents in the Philippines thrive to new heights with minimal effort to turn
this number around. Motorcyclist's have been expressing their voice of concern when it's
both timely and appropriate. A total of 209 cases of accidents involving motorcycles have
been recorded in January this year, a significant increase compared to last year's record of
106 cases." This doubled record gives the absolute facts of wreckless and careless driving
when it comes to having a motorcycle accident in the Philippines. Contrary to popular
belief, numbers have been soaring through countries with high statistic rates for
motorcycle accidents.

The worst place to bike in the Philippines is often called "killer highway" and at least
once per day there is an accident that leads to death. This highway is located in the
Philippines at the Malolos town in Bulacan province. This country has noted a much
higher increase with motorcycle years and they predict that it's a trend that will be here
for a very long time. Seeing a motorcycle in the Philippines is one thing, but being
involved in that accident is an even more horrific experience. The lesson one should take
into reality is the safety that motorcycle gear such as helmets or armor vests provide.

A recently conducted survey helped provide statistics of motorcycles and their riders.
This study was mainly significant for its motorcycle consumer reports. This special report
is the proof that motorcycle sales are booming across the country. There is a total of 7,000
motorcycle sales every week of the year. Motorcycle accidents will be reduced through
stricter measures and policies of the government.

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Mandatory helmet laws for motorcycle operators and their passengers have for the most
part, proven to be an effective strategy in both increasing helmet use and reducing head
injuries and fatalities in motorcycle accidents nationwide. But, while having an
unmistakably positive effect on the overall safety of motorcycle riding, helmet law has
been met by resistance in the motorcycling community.
The most vocal opposition to helmet law has come by way of challenges to the legality of
the law itself. Although in some cases,specific language in helmet statutes has been
successfully attacked on constitutional grounds, the principle of requiring motorcyclists
and their passengers to wear safety helmets has consistently been upheld as
constitutional.
CLASSIFICATIONS OF HELMETS
There are five basic types of helmets intended for motorcycling, and others not intended
for motorcycling but which are used by some riders. All of these types of helmets are
secured by a chin strap , and their protective benefits are greatly reduced, if not
eliminated, if the chin strap is not securely fastened so as to maintain a snug fit.
From most to least protective, as generally accepted by riders and manufacturers, the
helmet types are:
Full face
A full face helmet covers the entire head, with a rear that covers the base of the skull ,
and a protective section over the front of the chin . Such helmets have an open cutout in
a band across the eyes and nose, and often include a clear or tinted transparent plastic
face shield, known as a visor, that generally swivels up and down to allow access to the
face. Many full face helmets include vents to increase the airflow to the rider. The
significant attraction of these helmets is their protectiveness. Some wearers dislike the
increased heat, sense of isolation, lack of wind, and reduced hearing of such helmets.
Full-face helmets intended for off-road or motocross use sometimes omit the face
shield, but extend the visor and chin portions to increase ventilation, since riding off-road
is a very strenuous activity. Studies have shown that full face helmets offer the most
protection to motorcycle riders because 35% of all crashes showed major impact on the
chin-bar area.[7] Wearing a helmet with less coverage eliminates that protection the
less coverage the helmet offers, the less protection for the rider.
OFF-ROAD/MOTOCROSS

The motocross and off-road helmet has clearly elongated chin and visor portions, a chin
bar, and partially open face to give the rider extra protection while wearing goggles and
to allow the unhindered flow of air during the physical exertion of this type of riding. The
visor is to allow the rider to dip his or her head and provide further protection from flying
debris during off road riding. It will also keep the sun out of the eyes of the rider during
jumps.
Originally, off-road helmets did not include a chin bar, with riders using helmets very
similar to modern open face street helmets, and using a face mask to fend off dirt and
debris from the nose and mouth. Modern off-road helmets include a (typically angular,
rather than round) chin bar to provide some facial impact protection in addition to
protection from flying dirt and debris. When properly combined with goggles, the result
provides most of the same protective features of full face street helmets.

MODULAR or "flip-up"
A hybrid between full face and open face helmets for street use is the modular or "flip-
up" helmet, also sometimes termed "convertible" or "flip-face". When fully assembled
and closed, they resemble full face helmets by bearing a chin bar for absorbing face
impacts. Its chin bar may be pivoted upwards (or, in some cases, may be removed) by a
special lever to allow access to most of the face, as in an open face helmet. The rider may
thus eat, drink or have a conversation without unfastening the chinstrap and removing the
helmet, making them popular among motor officers .
Many modular helmets are designed to be worn only in the closed position for riding, as
the movable chin bar is designed as a convenience feature, useful while not actively
riding. The curved shape of an open chin bar and face shield section can cause increased
wind drag during riding, as air will not flow around an open modular helmet in the same
way as a three-quarters helmet. Since the chin bar section also protrudes further from the
forehead than a three-quarters visor, riding with the helmet in the open position may pose
increased risk of neck injury in a crash. Some modular helmets are dual certified as full
face and open face helmet. The chin bar of those helmets offer real protection and they
can be used in the "open" position while riding. An example of such a helmet would be
the Shark Evoline.
As of 2008, there have not been wide scientific studies of modular helmets to assess how
protective the pivoting or removable chin bars are. Observation and unofficial testing
suggest that significantly greater protection exists beyond that for an open face helmet,
and may be enough to pass full-face helmet standardized tests,[8] but the extent of
protection is not fully established by all standards bodies.
The DOT standard does not require chin bar testing. The Snell Memorial Foundation
recently certified a flip-up helmet for the first time.[9][10] ECE 22.05 allows certification
of modular helmets with or without chin bar tests, distinguished by -P (protective lower
face cover) and -NP (non-protective) suffixes to the certification number,[11] and
additional warning text for non-certified chin bars.[12]

Open face or 3/4 helmet

The open face, or "three-quarters", helmet covers the ears, cheeks, and back of the head,
but lacks the lower chin bar of the full face helmet. Many offer snap-on visors that may
be used by the rider to reduce sunlight glare. An open face helmet provides the same rear
protection as a full face helmet, but little protection to the face, even from non-crash
events.
Bugs, dust, or even wind to the face and eyes can cause rider discomfort or injury. As a
result, it is not uncommon (and in some U.S. states, is required by law) for riders to wear
wrap-around sunglasses or goggles to supplement eye protection with these helmets.
Alternatively, many open face helmets include, or can be fitted with, a face shield, which
is more effective in stopping flying insects from entering the helmet.
Half helmet
The half helmet, also referred to as a "Shorty" in the USA and "Pudding Basin" or TT
helmet in the UK [13] and popular with Rockers and road racers of the 1960s in the
British Isles.[14] It has essentially the same front design as an open face helmet but
without a lowered rear in the shape of a bowl. The half helmet provides the minimum
coverage generally allowed by law in the USA, and British Standards 2001:1956.
As with the open face, it is not uncommon to augment this helmet's eye protection
through other means such as goggles . Because of their inferiority compared to other
helmet styles, some Motorcycle Safety Foundations prohibit the use of half helmets
now. Notable UK manufacturers included Everoak,[15] Chas Owens[16] and, currently,
Davida.[17]
Headwear not intended for motorcycling
There are other types of headwear - often called "beanies," "brain buckets", or "novelty
helmets", a term which arose since they cannot legally be called motorcycle helmets.
These helmets are not certified and are generally only used to provide the illusion of
compliance with mandatory helmet laws. Such items are often smaller and lighter than
helmets made to DOT standards, and are unsuitable for crash protection because they lack
the energy-absorbing foam that protects the brain by allowing it to come to a gradual
stop during an impact. A "novelty helmet" can protect the scalp against sunburn while
riding and - if it stays on during a crash - might protect the scalp against abrasion, but it
has no capability to protect the skull or brain from an impact.
Conflicting findings on color visibility
Although black helmets are popular among motorcyclists, one study determined they
offer the least visibility to motorists. Riders wearing a plain white helmet rather than a
black one were associated with a 24% lower risk of suffering a motorcycle accident
injury or death. This study also notes "Riders wearing high visibility clothing and white
helmets are likely to be more safety conscious than other riders."[18]

However, the MAIDS report did not back up the claims that helmet color makes any
difference in accident frequency, and that in fact motorcycles painted white were actually
over-represented in the accident sample compared to the exposure data.[19] While
recognizing how much riders need to be seen, the MAIDS report documented that riders'
clothing usually fails to do so, saying that "in 65.3% of all cases, the clothing made no
contribution to the conspicuity of the rider or the PTW [powered two-wheeler, i.e.
motorcycle]. There were very few cases found in which the bright clothing of the PTW
rider enhanced the PTWs overall conspicuity (46 cases). There were more cases in which
the use of dark clothing decreased the conspicuity of the rider and the PTW (120 cases)."
The MAIDS report was unable to recommend specific items of clothing or colors to make
riders better seen.[20]

The National Highway Transportation Safety Administration (NHTSA) has reported that
between 1997 and 2005, the total number of annual motorcycle fatalities increased from
2,116 to 4,553 and that 42 percent of those who died were not wearing helmets. In the
U.S., both federal and state laws govern the manufacture and usage of motorcycle
helmets. Federal law provides safety standards for the manufacture of helmets, while
state laws regulate who must wear them

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Section 3. Mandatory Use of Motorcycle Helmets. - All motorcycle riders, including

drivers and back riders, shall at all times wear standard protective motorcycle helmets
while driving, whether long or short drives, in any type of road and highway.
Standard protective motorcycle helmets are appropriate types of helmets for motorcycle
riders that comply with the specifications issued by the Department of Trade and Industry
(DTI).
The DTI shall issue guidelines, which should include the specifications regarding
standard protective motorcycle helmets.

The conventional motorcycle helmet has two principal protective components: a thin,
hard, outer shell typically made from polycarbonate plastic,fiberglass , or Kevlar and a
soft, thick, inner liner usually made of expanded polystyrene or polypropylene "EPS"
foam. The purpose of the hard outer shell is:
1 to prevent penetration of the helmet by a pointed object that might otherwise
puncture the skull, and
2 to provide structure to the inner liner so it does not disintegrate upon abrasive
contact with pavement. This is important because the foams used have very little
resistance to penetration and abrasion.
The purpose of the foam liner is to crush during an impact, thereby increasing the
distance and period of time over which the head stops and reducing its deceleration.
To understand the action of a helmet, it is first necessary to understand the mechanism of
head injury. The common perception that a helmet's purpose is to save the rider's head
from splitting open is misleading. Skull fractures are usually not life threatening unless
the fracture is depressed and impinges on the brain beneath and bone fractures usually
heal over a relatively short period. Brain injuries are much more serious. They frequently
result in death, permanent disability or personality change and, unlike bone, neurological
tissue has very limited ability to recover after an injury. Therefore, the primary purpose of
a helmet is to prevent traumatic brain injury while skull and face injuries are a
significant secondary concern.
The most common type of head injury in motorcycle accidents is closed head injury,
meaning injury in which the skull is not broken as distinct from an open head injury like a
bullet wound. Closed head injury results from violent acceleration of the head which
causes the brain to move around inside the skull. During an impact to the front of the
head, the brain lurches forwards inside the skull, squeezing the tissue near the impact site
and stretching the tissue on the opposite side of the head. Then the brain rebounds in the
opposite direction, stretching the tissue near the impact site and squeezing the tissue on
the other side of the head. Blood vessels linking the brain to the inside of the skull may
also break during this process, causing dangerous bleeding.
Another hazard, susceptibility of the brain to shearing forces, plays a role primarily in
injuries which involve rapid and forceful movements of the head, such as in motor
vehicle accidents. In these situations rotational forces such as might occur in whiplash-
type injuries are particularly important. These forces, associated with the rapid
acceleration and deceleration of the head, are smallest at the point of rotation of the brain
near the lower end of the brain stem and successively increase at increasing distances
from this point. The resulting shearing forces cause different levels in the brain to move
relative to one another. This movement produces stretching and tearing of axons (diffuse
axonal injury) and the insulating myelin sheath, injuries which are the major cause of loss
of consciousness in a head trauma. Small blood vessels are also damaged causing
bleeding (petechial hemorrhages) deep within the brain.
It is important that the liner in a motorcycle helmet is soft and thick so the head
decelerates at a gentle rate as it sinks into it. Unfortunately, there is a limit to how thick
the helmet can be for the simple reason that the helmet quickly becomes impractical if the
liner is more than 12 inches (2.55.1 cm) thick. This implies a limit to how soft the liner
can be. If the liner is too soft, the head will crush it completely upon impact without
coming to a stop. Outside the liner is a hard plastic shell and beyond that is whatever the
helmet is hitting, which is usually an unyielding surface, like concrete pavement.
Consequently, the head cannot move any further, so after crushing the liner it comes
suddenly to an abrupt stop, causing high accelerations that injure the brain.
Therefore, an ideal helmet liner is stiff enough to decelerate the impacting head to an
abrupt stop in a smooth uniform manner just before it completely crushes the liner and no
stiffer. The required stiffness depends on the impact speed of the head, which is unknown
at the time of manufacture of the helmet. The result is that the manufacturer must choose
a likely speed of impact and optimize the helmet for that impact speed. If the helmet is in
a real impact that is slower than the one for which it was designed, it will still help but the
head will be decelerated a little more violently than was actually necessary given the
available space between the inside and outside of the helmet, although that deceleration
will still be much less than what it would have been in the absence of the helmet. If the
impact is faster than the one the helmet was designed for, the head will completely crush
the liner and slow down but not stop in the process. When the crush space of the liner
runs out, the head will stop suddenly which is not ideal. However, in the absence of the
helmet, the head would have been brought to a sudden stop from a higher speed causing
more injury. Still, a helmet with a stiffer foam that stopped the head before the liner crush
space ran out would have done a better job. So helmets help most in impacts at the speeds
they were designed for, and continue to help but not as much in impacts that are at
different speeds. In practice, motorcycle helmet manufacturers choose the impact speed
they will design for based on the speed used in standard helmet tests. Most standard
helmet tests use speeds between 4 and 7 m/s (8.9 and 16 mph; 14 and 25 km/h).

Construction
Modern helmets are constructed from plastics . Premium price helmets are made with
fiberglass reinforced with Kevlar or carbon fiber . They generally have fabric and
foam interiors for both comfort and protection. Motorcycle helmets are generally
designed to distort in a crash (thus expending the energy otherwise destined for the
wearer's skull), so they provide little protection at the site of their first impact, but
continued protection over the remainder of the helmet.
Helmets are constructed from an inner EPS Expanded Polystyrene foam and an outer
shell to protect the EPS. The density and the thickness of the EPS is designed to cushion
or crush on impact to help prevent head injuries. Some manufacturers even offer different
densities to offer better protection. The outer shell can be made of plastics or fiber
materials. Some of the plastics offer very good protection from penetration as in lexan
(bulletproof glass) but will not crush on impact, so the outer shell will look undamaged
but the inner EPS will be crushed. Fiberglass is less expensive than lexan but is heavy
and very labor intensive. Fiberglass or fiber shells will crush on impact offering better
protection. Some manufacturers will use Kevlar or carbon fiber to help reduce the amount
of fiberglass but in the process it will make the helmet lighter and offer more protection
from penetration but still crushing on impact. But this can be very expensive.

Failure to Wear A Helmet; Effects in Injury Lawsuit

In a personal injury action brought by an injured motorcyclist, the opposing motorist may

raise an issue with regard to the motorcyclist's own negligence. A motorcyclist's legal

recovery might be barred, or reduced as a result of his contributory negligence in causing

the accident. In defining what constitutes negligence, there is an important distinction

between negligence contributing to the accident and negligence contributing to the

injuries sustained. An act or omission that merely increases or adds to the extent of the

injuries sffered by the motorcyclist will not itself defeat legal recovery. In the US, in a

number of states that have enacted mandatory helmet statutes, the laws either : (1)

provide only for criminal penalties, or (2) do not state what effect a violation has on the

determination whether a motorcyclist was negligent. Thus in these jurisdictions, and in

those that do not have helmet laws, the effect of a motorcyclist's failure to wear a helmet
may be found to constitute negligence is unsettled. In such states, the failure to wear a

helmet may be found to constitute negligence on the part of a motorcylist, or may be

relevant to the issue of injuries and damages where it appears the failure to wear a helmet

was a substantial factor in bringing the motorcyclist's injuries.

In some states in the US, the failure to wear a helmet as required is treated as any other

possible act of negligence on the part of a motorcyclist, such as traveling at an excessice

rate of speed or failing to use turn signals. In such states, when the failure to wear a

helmet contributes to the motorcyclist's injuries, it is deemed a proximate cause of his

injuries and it may serve to bar or limit his or her recovery. However, when the faiure

contributes in no way to the motorcyclist's injuries, it is not a proximate cause and it has

no effect on the motorcyclist's ability to recover. Not all jurisdictions have laws requiring

motorcyclists to wear helmets, and some courts in the US have held that evidence of an

injured motorcycle rider's failure to wear a helmet is inadmissible in the rider's personal

injury lawsuit.

Not all jurisdictions have laws requiring motorcyclists to wear helmets, and some courts
have held that evidence of an injured motorcycle rider's failure to wear a helmet is
inadmissible in the rider's personal injury lawsuit. It is extremely important to discuss the
facts of your case with an experienced personal injury attorney who understands the
relevant helmet and evidentiary laws that will apply in a given case.

The Department of Trade and Industrys Bureau of Product Standards (DTI-BPS)

imposes mandatory product certification on protective helmets and their visors for
motorcycles and mopeds in its effort to curb the proliferation of substandard helmets in
the market at the same time ensure safety of the fast-increasing number of motorcycle
riders and their passengers.
DTI-BPS Director-In-Charge Victorio Mario Dimagiba explains, Starting 01 April 2009,
all manufacturers and importers of protective helmets and their visors are required to
secure a Philippine Standard (PS) License or Import Commodity Clearance (ICC)
certificate, from the Bureau prior to the sale and distribution of their products.
Moreover, the Department will begin its nationwide monitoring and enforcement
activities on July 2009. Thus, only those protective helmets bearing the PS or ICC mark
are allowed to be sold in the market by July 2009 and those found with uncertified
products shall face administrative charges from the Department, added Director
Dimagiba.
The DTI-BPS has adopted the United Nations Economic Commission on Europe (UN
ECE) standard specifications and test methods for protective helmets and their visors for
motorcycles and mopeds drivers and passengers as a Philippine National Standard
(PNS/UN ECE 22:2007) to provide the industry with an internationally-accepted
reference standard in manufacturing reliable protective helmet.
Protective helmets are primarily worn to protect motorcyclists from serious head injuries
in the event of collision, crash or fall, thus it is imperative that the quality of the product
is checked to ensure that it performs as intended.
DTI regulates critical consumer products that greatly affect life, property and health.
Therefore, in consultation with the helmet industry sector and other stakeholders, the
DTI-BPS has included the protective helmets in its mandatory product certification
scheme to level the playing fields of businesses, and more importantly, to avert the
pervasive distribution of substandard helmets in the market for consumer protection.
DTI-BPS operates a Product Certification Scheme to assure consumers that critical
products such as protective helmets, sold in the market are safe and reliable. The Bureau
requires the manufacturers and importers of products under mandatory certification to
apply for the PS License or ICC certificate, and have their products inspected and tested
based on PNS/UN ECE 22:2007, prior to its sale and distribution in the market.
The Department has given all manufacturers, importers and distributors of protective
helmets until the end of June 2009 to dispose of their uncertified products and comply
with the product certification scheme. Only helmets bearing the PS or ICC mark can be
sold in the local market by July 2009, stressed Director Dimagiba.
The DTI enjoins the buying public to patronize only PS and ICC-marked products in the
market. Consumers can report or file a complaint against substandard products through
DTIs consumer hotline (751-3330). For more information on helmet standards, call DTI-
BPS at 751-4740, send e-mail messages through Friday, January 10,
2014bpspmrd@dti.gov.phbpspmrd@dti.gov.phThis e-mail address is being protected
from spam bots, you need JavaScript enabled to view it or visit the BPS Standards and
Conformance portal at www.bps.dti.gov.ph. bps
source

Federal Standards for the Manufacture of Motorcycle Helmets

Federal Vehicle Safety Standard No. 218 mandates laboratory testing of motorcycle
helmets to ensure that they resist puncture and that chin straps remain fastened upon
impact. The American National Standards Institute (ANSI) developed standards -- Z.90.1
(1966 and 1971) -- which became the early benchmarks for testing motorcycle helmets in
the U.S., but which are not incorporated in Federal Standard No. 218. The American
Association of Motor Vehicle Administrators (AAMVA), along with the Snell Memorial
Foundation, promote the development of safer and more effective motorcycle headgear,
and the AAMVA also cooperates with the National Highway Transportation Safety
Administration to publish guidelines for motorcycle operator education and advises state
highway administrators about helmet safety standards.

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Section 4. Exemption. - Drivers of tricycles shall be exempted from complying with the
mandatory wearing of motorcycle helmets as provided in this Act.

The governor of Michigan just signed a law that overturned the states long-standing
helmet requirement for motorcyclists. Senate Bill 291 overturned the 35 year old safety
requirement that was created to protect motorcycle riders from traumatic brain injuries
and fatalities in the event of a crash. This decision has sparked national controversy and
debates about the costly affects that the repeal will have on the lives of motorists in the
state.

According to the Office of Highway Safety Planning, riders without helmets are 40%
more likely to suffer fatal head injuries than those with helmets, and are 15% more likely
to incur nonfatal head injuries. When you consider that approximately 3,250 motorcycle
accidents occur every year in Michigan, the passage of this new law would lead to
hundreds of deaths and head injuries every year that could have been prevented.
Michigan is the latest state to join the national debate that stretches back to 1967, when
the federal government first required states to adopt helmet laws. Congress lifted
sanctions against states without such laws in 1995 and today, only 19 states have laws
requiring all motorcyclists to wear a helmet.

A 2009 study by the Insurance Institute for Highway Safety revealed that motorcycle
riders are 25 times more likely to die from a crash than car or truck drivers. That is why a
good number of states have laws requiring motorcyclists to wear helmets and observe
other safety practices. In Massachusetts, motorcyclists are not only required to wear
helmets, but they must also wear eye protection and ride a bike with turn signals. Nearly
half of all motorcycle deaths in 2009 occurred during a single vehicle crash, and many
riders are thankful for these mandatory safety precautions.

Massachusetts lawmakers are also considering making changes to the states motorcycle
laws that required riders to wear helmets. One of proposed changes would lift the helmet
requirement for both riders and passengers over the age of 21, and other would exempt
riders whose motorcycles are registered in a state without helmet law. Out of the 1,150
motorcycle accidents that occurred in Massachusetts in 2010, 78.5% of the riders had a
helmet on. Studies have shown that when helmet laws and weakened or repealed, helmet
use usually drops to about 50 percent, and this would have a dramatic impact on the
injuries that are suffered in these accidents.
When a motorcycle accident occurs, it is very likely that the rider will incur serious
injuries that could be long-term, disabling and extremely expensive. When a state
removes the legal requirement to wear helmets, every motorist in that state will probably
see more costly insurance claims as a result. Whether you are wearing a helmet or not,
motorcycle accidents are some of the most devastating motor vehicle accidents that can
occur and the victims of wrongful injuries have the right to seek compensation. If you or
someone you love has been injured in a motorcycle accident, a Cape Cod personal injury
attorney can provide you with the legal counsel you need to file an injury claim and seek
compensation.

ABOUT THE AUTHOR: The Law Offices of John S. Moffa

The exceptional legal team at The Law Offices of John S. Moffa has been serving injured
victims in Cape Cod for over 25 years. A Cape Cod personal injury lawyer at the firm
offers quality legal assistance to anyone who has been injured because of the negligence
or carelessness of another person, and they will fight tirelessly to help their clients
recover compensation for their injuries. The firms main goal is to recover the settlement
amount that every client needs to recover from their injuries and move on with their lives.

Section 5. Provision of Motorcycle Helmets. - 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 bis option. Failure to comply with the requirements
provided under this section shall constitute a violation of this Act.

Certification

Manufacturers and importers or protective helmets have been required to certify their
helmets and secure a Philippine Standard license or Import Commodity Clearance
certificate before selling their items.The Bureau of Product Standards chose the United
Nations Economic Commission on Europes standard specifications and test methods for
protective helmets and their visors as the Philippines standard.

INTERNATIONAL STANDARDS
Motorcycle helmets greatly reduce injuries and fatalities in motorcycle accidents,[21]
thus many countries have laws requiring acceptable helmets to be worn by motorcycle
riders. These laws vary considerably, often exempting mopeds and other small-
displacement bikes. In some countries, most notably the USA and India, there is some
opposition to compulsory helmet use (see Helmet Law Defense League ); not all USA
states have a compulsory helmet law.

The Helmet Law Defense League (HLDL) is a group founded in 1993 that opposes the
laws in states which mandate motorcycle helmets. The group contends that mandatory
motorcycle helmet laws enacted at the state, county, and municipal levels of government
against consumers and users are unconstitutional due to vagueness, and this often results
in arbitrary and ad hoc enforcement in those states which have enacted mandatory helmet
laws.

The HLDL claims that the Federal Motor Vehicle Safety Standards (FMVSS) enacted by
the US Congress at the United States Federal level under USC Title 49 Chapter 301 apply
to manufacturers, importers, distributors, and retailers, but proscribe no regulation to
consumers and motorists, and in the opinion of the HLDL's supporters, no enforcement
guidelines for law enforcement agencies at the state level or below. Based on these
opinions, the HLDL claims that in states which have embedded statutory reference to
Federal Motor Vehicle Safety Standards, those standards are not applicable to consumers
and those motorists who choose to use, or to not use, motorcycle helmets. Therefore, the
HLDL says, enforcement actions are arbitrary and ad hoc.
The HLDL researches, analyzes, and publishes many different legal arguments founded
on Constitutional law, statutory law, and common law.
Upon the (cancer) death of Richard "Quig" Quigley, biker rights advocate, on September
15, 2007,[1] the HLDL internet site, which was constantly updated by Quigley, was frozen
in time. Surviving members of the Helmet Law Defense League continue to be active in
analyzing legal arguments, and contesting helmet laws in both pro se and attorney-
assisted court cases. Publication of Helmet Law Defense League articles and updates,
post-2007, has migrated to a think tank within the national motorcyclist rights collective
known as Bikers of Lesser Tolerance (B.O.L.T.), which Richard Quigley was a member.

Worldwide, many countries have defined their own sets of standards that are used to
judge the effectiveness of a motorcycle helmet in an accident, and define the minimal
acceptable standard thereof. Among them are:
gold or silver badge (Auto-Cycle Union , UK)
ACU AS/NZS 1698, (Australia and New Zealand)[22]
BSI 6658 (British Standards Institute , UK)
CMVSS (Canada)
CSA CRASH (Consumer Rating and Assessment of Safety Helmets, Australia)
[23]
CAN3-D230-M85 (Canadian Standards Association , they no longer certify
motorcycle helmets.
ECE DOT FMVSS 218 (USA)[24]
ICCRegulation 22 (Europe)[25]
 GOST R 41.22-2001 ( 41.22-2001, based on ECE 22.05, Russia)
, (Import Commodity Clearance, Philippines)
IS 4151 (Indian Standard, Bureau of Indian Standards , India)
JIS T 8133:2000 (Japanese Industrial Standards , Japan)
NBR 7471 (Norma Brasileira by Associao Brasileira de Normas Tcnicas ,
Brazil)
SHARP (UK)
Snell M2005 & M2010 (USA)
SNI (Standar Nasional Indonesia)
TCVN 5756:2001 (test and certify by QUATEST 3) (Vietnam)

The Snell Memorial Foundation has developed stricter requirements and testing
procedures for motorcycle helmets with racing in mind, as well as helmets for other
activities (e.g. drag racing, bicycling, horseback riding), and many riders in North
America consider Snell certification a benefit when considering buying a helmet while
others note that its standards allow for more force (g's) to be transferred to a rider's head
than the U.S. Department of Transportation (DOT) standard.[26] However, the DOT
standard does not test the chin bar of helmets with them,[27] while the Snell (and ECE)
standards do.
In the United Kingdom, many riders choose helmets bearing an Auto-Cycle Union
(ACU) Gold sticker as it defines a stricter standard than the legal minimum ECE 22.05
specification. Helmets with an ACU Gold sticker are the only ones allowed to be worn in
competition, or at track days.

STANDARDS TESTING

Most motorcycle helmet standards use impacts at speeds between 47 m/s (916 mph).
While motorcyclists frequently ride at speeds higher than 20 m/s (45 mph), the
perpendicular impact speed of the helmet is usually not the same as the road speed of the
motorcycle, and the severity of the impact is determined not only by the speed of the head
but also by the surface it hits and the angle of impact. Since the surface of the road is
almost parallel to the direction a motorcyclist moves while driving, only a small
component of their velocity is directed perpendicularly (though other surfaces may be
perpendicular to the motorcyclist's velocity, such as trees, walls, and the sides of other
vehicles). The severity of an impact is also influenced by the nature of the surface struck.
The sheet metal wall of a car door may bend inwards to a depth of 7.510 cm (3.03.9 in)
during a helmeted-head impact, allowing more stopping distance for the rider's head than
the helmet itself. A perpendicular impact against a flat steel anvil at 5 m/s (11 mph) may
be of approximate severity to an oblique impact against a concrete surface at 30 m/s (67
mph) or a perpendicular impact against a sheet metal car door or windscreen at 30 m/s.
Since there is a wide range of severity in the impacts that could happen in a motorcycle
accident, some will be more severe than the impacts used in the standard tests and some
will be less.

LIST OF DTI-CERTIFIED
MOTORCYCLE PROTECTIVE HELMET
(As of 24 July 2012)

ICC CERTIFICATE HOLDERS BRAND

ATG5 Trading Corporation VOLTZ

Cebu Reliance Motor Parts, Inc. WHEIZ GEAR/AERO-X
Countless Tradding BEN-2
CWORLD Trading, Inc. AGV/SPACE
CROWN/VCAN/TANKED
DNC Trading INDEX
Dans Bike Shop SPARX
Double E Trading BEN-2
Eastway Racing Company, Inc. INDEX
Eastworld Motor Industries Corporation INDEX
Exsol Trading Corporation EXSOL
Fastroad Motorcycle Enterprises YOHE/YEMA/GDR
Gentrade International (Phils), Inc. POWERCYCLE/TRANSCYCLE
Grayeagle Enterprises GPX/MRC
Honda Philippines, Inc. INDEX
Impressions Impex International Corp. STUDDS
Kart Plaza Manufacturing ARAI
Kellsons Corporation GLF
Levant Trading WEILANG
Manila Safety Cycling Devices Corporation HPH
Minton Multiresources, Inc. POSH
Motoactive Corporation AINON/KOR/KOR HF/NEXX/XPOT
Motorcycles & Scooters, Inc. VCAN/TANKED
Mworld Trading AGV/CABERG/KBC/LS2/NOLAN/
Mybike, Inc. HONGYING BIO HELMETS
New Fullspeed Marketing YEMA
Philippine SGC Corporation PENGUIN/ST/SUN
Philippine Suntal Corporation SUN
Richflow Trading ZEBRA/CARTING/GDR/HNJ
Roshan Commercial Corporation SPYDER
Speciailst Motorcycle Parts and Accessories AXA
Stavellan International Company BIO/H
Timeless Trading SNELL
Triumph JT Marketing Corporation HJC
Urrutia Trading KH
Vicma Marketing Corporation AM
Yamaha Motor Philippines, Inc. HJC/YAMAHA
Yohingco Trading LEV3/SOL

Section 6. Implementation. - The Department of Transportation and Communications

(DOTC), with its attached agency, the Land Transportation Office (LTO), is mandated by
this Act to issue guidelines necessary to implement the provisions of this Act.
The DTI, through the BPS, is mandated to utilize the United Nations Economic
Commission for Europe (UNECE) Protocols with regard to the standards that will be
applicable to the approval or disapproval of motorcycle helmets that will be sold in the
Philippines.
The DTI, through the BPS, shall conduct a mandatory testing of all manufactured and
imported motorcycle helmets in the Philippines. All manufacturers and importers of
standard protective motorcycle helmets are required to secure a PS license or ICC prior to
the sale and distribution of their products. The BPS shall issue periodically a list of
motorcycle helmet manufacturers and importers and the brands which pass the standards
of the BPS to be published in a newspaper of general circulation or in its website.
Upon the effectivity of this Act, only those standard protective motorcycle helmets
bearing the PS or ICC mark shall be sold in the market.

A July 27, 2012 press release from the Department of Transportation and
Communications

DTI requests more time to complete inspection of helmets nationwide

The Department of Transportation and Communications today directed the Land

Transportation Office to defer enforcement of the motorcycle Helmet Act of 2009 and its
implementing rules and regulations.

The decision to defer was in line with the Department of Trade and Industrys request to
give them more time to inspect all the helmets that are coming into the country. DTI
wants to ensure that all the helmets bear the Import Commodity Clearance seal issued by
the Bureau of Products Standard.

DTI requested to give them until the end of the year to complete inspection before the
Helmet Law and its IRR is enforced nationwide.

We want to ensure the orderly implementation of the Helmet Law with the safety of the
riding public as our foremost objective, Secretary of Transportation and Communications
Mar Roxas said.

The DOTC directed the LTO to instruct its enforcers to issue reminders to motorcycle
drivers of the issue starting August 1 until the end of the year. In cooperation with other
pertinent government and private agencies and organizations, the LTO will conduct an
aggressive public information and education campaign on the matter.

During the period covered, no punitive measures such as the issuance of citation tickets
shall be implemented.

From 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 Helmet Act
of 2009.

The IRR of the Helmet Law was stipulated in the joint administrative order (JAO) crafted by
the DOTC and DTI, requiring motorcycle drivers and riders to use protective motorcycle
helmets with PS and ICC seals.

The order was originally for implementation on August 1.

The JAO also penalizes motorcycle dealers who dont comply with DTI to produce or sell
sub-standard helmets and not bearing the Philippine Standard mark or ICC seal, including
those who tamper and forge the PS or ICC marks.

dotc.gov.ph

This entry was posted in Briefing Room , Department of Transportation and

Communications . Bookmark the permalink .
Section 7. Penalties. - (a) Any person caught not wearing the standard protective
motorcycle helmet in violation of this Act shall be punished with a fine of One thousand
five hundred pesos (Php1,500.00) for the first offense; Three thousand pesos
(Php3,000.00) for the second offense; Five thousand pesos (Php5,000.00) for the third
offense; and Ten thousand pesos (Php10,000.00) plus confiscation of the driver's license
for the fourth and succeeding offenses.
(b) Any seller and/or dealer who violates Section 5 of this Act shall be punished with a
fine of not lees than Ten thousand pesos (Php10,000.00) but not more than Twenty
thousand pesos (Php20,000.00).
(c) 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".
(d) 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".

Republic Act No. 7394

THE CONSUMER ACT OF THE PHILIPPINES

PROHIBITED ACTS AND PENALTIES

ARTICLE 18. Prohibited Acts - It shall be unlawful for any person to:
a) manufacture for sale, offer for sale, distribute in commerce, or import into the
Philippines any consumer product which is not in conformity with an applicable
consumer product quality or safety standard promulgated in this Act;
b) manufacture for sale, offer for sale, distribute in commerce, or import into the
Philippines any consumer product which has been declared as banned consumer product
by a rule in Act;
c) refuse access to or copying of pertinent records or fail or refuse to permit entry of or
inspection by
authorized officers or employees of the department;
d) fail to comply with an order issued under Article 11 relating to notifications of
substantial product
hazards and to recall, repair, replacement or refund of unsafe products;
e) fail to comply with the rule prohibiting stockpiling.

ARTICLE 19. Penalties-

a) Any person who shall violate any provision of Article 18 shall, upon conviction, be
subject to a fine of not less than One thousand pesos (P1,000.00) but not more than Ten
thousand pesos (P10,000.00) or imprisonment of not less than two (2) months but not
more than one (1) year, or both upon the discretion of the court. If the offender is an alien,
he shall be deported after service of sentence and payment of fine without further
deportation proceedings.

b) In case the offender is a naturalized citizen, he shall, in addition to the penalty

prescribed herein,
suffer the penalty of cancellation of his naturalization certificate and its registration in the
civil
registrar and immediate deportation after service of sentence and payment of fine.

c) any director, officer or agent of a corporation who shall authorize, order or perform any
of the acts
or practices constituting in whole or in part a violation of Article 18, and who has
knowledge or
notice of non-compliance received by the corporation from the concerned department,
shall be subject to penalties to which that corporation may be subject.
In case the violation is committed by, or in the interest of a foreign juridical person duly
licensed to engage in business in the Philippines, such license to engage in business in the
Philippines shall immediately be revoked.

Section 8. Nationwide Public Information Campaign. - The LTO, in coordination with the
Philippine Information Agency (PIA), the Department of Education (DepED) and private
agencies and organizations, shall undertake a nationwide information, education and
communication (IEC) campaign for a period of six (6) months for the attainment of the
objective s of this Act.
Section 9. Separability Clause. - If any provision or part hereof is held invalid or
unconstitutional, the remainder of this Act or the provisions not otherwise affected shall
remain valid and subsisting.
Section 10. Repealing Clause. - All laws, decrees, orders, rules and regulations or parts
thereof inconsistent with this Act are hereby repealed or modified accordingly.
Section 11. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

PENDING IRR BLOCKS FULL IMPLEMENTATION OF HELMET LAW

Senator Ramon Bong Revilla Jr. today expressed disgust over the long overdue release of
the guidelines for the full implementation of Republic Act (RA) 10054 or the Mandatory
Helmet Act of 2009, the law that he principally authored that obliges all motorcycle
riders, including the backriders, to wear standard protective helmets.
According to the senator, it has been almost a year and a half since the enactment of RA
10054 yet the necessary Implementing Rules and Regulations (IRR) is still nowhere to be
found. He said the lack of existing IRRs hinders the full implementation of the law and its
noble purpose, which is to reduce the number of motorcycle-related accidents in the
country. "I am continuously receiving reports and complaints that even with the
enactment of RA 10054, law enforcers have been left toothless and weak in implementing
the provisions of the Mandatory Helmet Act. The number of accidents involving
motorcycles is still alarming and I firmly believe that proper enforcement of the law will
greatly improve the safety of the public," he said.
He cited Section 6 of the RA10054 that mandates the Department of Transportation and
Communications (DOTC), with its attached agency, the Land Transportation Office
(LTO), to issue guidelines necessary to implement the provisions of the law. The said
provision also states that the Department of Trade and Industry (DTI), through the Bureau
of Products Standards (BPS), is mandated to utilize the United Nations Economic
Commission for Europe (UNECE) protocols with regard to the standards that will be
applicable to the approval or disapproval of motorcycle helmets that will be sold in the
Philippines.
"The DTI, through the BPS, shall conduct a mandatory testing of all manufactured and
imported motorcycle helmets in the country. This means all manufacturers and importers
of standard protective motorcycle helmets are required to secure a Philippine Standard
(PS) license or Import Commodity Clearance (ICC) before they can sell and distribute
their products," Bong Revilla further explained.
The lawmaker said he had already sent a message to DTI Secretary Gregory Domingo
and newly-appointed DOTC Secretary Mar Roxas inquiring on the status of the DOTC-
DTI Joint Administrative Order for the implementation of RA 10054. "In fairness to
Secretary Roxas, the IRR should have been released even before he assumed office. The
DTI and DOTC had all the time to finalize and review it prior to his appointment."
Bong Revilla further pointed out that the rising numbers of accidents involving
motorcycles should be enough impetus for the speedy resolution of the IRR. "In the days
that have passed with still no specific guidelines on the Mandatory Helmet Act,
motorcycle accidents happened. Injuries could have been prevented and lives could have
been saved," he added.

Notes
1 Jump up^ Liu, B. C.; Ivers, R.; Norton, R.; Boufous, S.; Blows, S.; Lo, S. K.
(2008). Helmets for preventing injury in motorcycle riders. In Liu, Bette C.
"Cochrane Database of Systematic Reviews".Cochrane Database Syst Rev (1):
CD004333. doi :10.1002/14651858.CD004333.pub3 .PMID 18254047 . edit
2 Jump up^ "Cycle Helmets May Be Killers", The Evening Independent ,
August 18, 1973, retrieved November 5, 2012
3 Jump up^ Motorcycle Helmets Reduce Spine Injuries After Collisions; Helmet
Weight as Risk to Neck Called a 'Myth' (press release), Johns Hopkins Medicine ,
February 8, 2011
4 Jump up^ "Motorcycle Helmets Help Protect Against Spine Injury: Study;
Researchers debunk myth that weight of head protection puts neck at risk in crash",
US News and World Report , February 15, 2011, retrieved November 5, 2012
5 Jump up^ Paul Harvey , The Rest of the Story, KGO 810AM,
August/September 2006.
6 Jump up^ Lawrence of Arabia, Sir Hugh Cairns, and the Origin of Motorcycle
Helmets (accessed 2008-05-09)
7 Jump up^ Dietmar Otte, Hannover Medical University, Department of Traffic
Accident Research, Germany
8 Jump up^ "Seven Flip-Face Motorcycle Helmets Compared". Motorcycle
Cruiser. Retrieved 19 September 2008.
9 Jump up^ "Zeus ZS3000 Review". WebBikeWorld (webWorld International).
2009.
10 Jump up^ "Why won't Snell certify some types of helmets like flip up front
designs?". FAQs about Snell and Helmets. Snell Memorial Foundation. Retrieved 19
September 2008.
11 Jump up^ "ECE 22.05 Motorcycle Helmet Standard, revision 2". Economic
Commission for Europe. 16 October 1995. pp. subsection 5.1.4.1.2.1. Retrieved 19
September 2008.
12 Jump up^ "ECE 22.05 Motorcycle Helmet Standard, revision 2". Economic
Commission for Europe. 16 October 1995. pp. subsection 14.1. Retrieved 19
September 2008.
13 Jump up^ Classic Motorcycling: A Guide for the 21st Century by Rex Bunn.
2007
14 Jump up^ The BSA Gold Star by Mick Walker, 2004
15 Jump up^ Best of Peter Egan from Cycle World by Peter Egan
16 Jump up^ Surfers, soulies, skinheads, & skaters (Subcultural style) by Amy De
la Haye and Cathie Dingwall
17 Jump up^ The Caf Racer Phenomenon by Alastair Walker. 2009
18 Jump up^ Susan Wells et al. (10 April 2004). "Motorcycle rider conspicuity and
crash related injury: case-control study". BMJ. Retrieved 2 September 2007.
Abstract , Quick summary
19 Jump up^ "Table 5.5: Predominating PTW colour". MAIDS (Motorcycle
Accidents In Depth Study) Final Report 2.0. ACEM, the European Association of
Motorcycle Manufacturers. April 2009. p. 47.
20 Jump up^ MAIDS (Motorcycle Accidents In Depth Study) Final Report 2.0 .
ACEM, the European Association of Motorcycle Manufacturers. April 2009. p. 100.
21 Jump up^ The Effect of the 1992 California Motorcycle Helmet Use Law on
Motorcycle Crash Fatalities and Injuries. Jess F. Kraus, MPH, PhD; Corinne Peek,
MPH; David L. McArthur, PhD, MPH; Allan Williams, PhD. JAMA.
1994;272(19):1506-1511
22 Jump up^ http://www.standards.org.au/Documents/0668-projects-by-standard-
31-May-2013.pdf
23 Jump up^ http://crash.org.au/
24 Jump up^ "Standard No. 218; Motorcycle helmets". Code of Federal
Regulations, Title 49, section 571.218. National Highway Traffic Safety
Administration. 1 October 2007. Retrieved 19 September 2008.
25 Jump up^ "ECE Regulation 22: Protective Helmets and their visors for drivers
and passengers of motor cycles and mopeds". Economic Commission for Europe. 20
February 2002. Retrieved 9 May 2012.
26 Jump up^ Dexter Ford (June 2005). "Motorcycle Helmet Performance: Blowing
the Lid Off".Motorcyclist . Retrieved 19 September 2007.
27 Jump up^ "Standard No. 218; Motorcycle helmets". Code of Federal
Regulations, Title 49, section 571.218. National Highway Traffic Safety
Administration. 1 October 2007. pp. subsection S6.2.3. Retrieved 19 September 2008.