The No Helmet Violation refers to the violation incurred when a traffic enforcer or an officer from the Land Transportation Office (LTO) tags a driver for not wearing a helmet when driving or riding a motorcycle. Skipping out on the helmet is illegal, since wearing a helmet for motorbike riders is mandated by law in a bid to give extra protection, both to the driver and the passenger. Depending on the number of offenses and the citation, LTO can sanction a pently fee that ranges from P1,500.00 up to P20,000.00.
Helmets are safety gears designed to protect the head of both rider and passenger and promote overall ride safety. Because it serves as the rider’s main protection in case of accidents, the LTO works extra hard to ensure that everyone at least has this sort of protection, while riding their motorcycles on public roads.
What is the No Helmet Violation Penalty
A No Helmet Violation is the violation incurred when one drives or rides a motorcycle without wearing a helmet. If you are not aware, being on a motorcycle without a helmet is illegal and subject to apprehension and fines. Regardless of the form of roads or the length of trip that the riders are traveling, it is a must for them to wear a standard protective helmet as the main protection in case of accidents, thanks to the provisions of RA No. 10054, also known as the Motorcycle Helmet Act of 2009.
As one of the most commonly violated laws in the country, the Motorcycle Helmet Act requires drivers and back riders to wear full-face protective motorcycle helmets with an Import Commodity Clearance (ICC) sticker. It was designed to secure and safeguard the citizenry. It is also designed for the operators or drivers of motorcycles and their passengers, as a preventive protection from the ruinous and extremely injurious effects of fatal or life threatening accidents and crashes.
Aside from the riders, the Motorcycle Helmet Act also covers provisions requiring every seller and/or dealer to ensure that a new motorcycle helmet bearing the Philippine Standard (PS) mark and the Import Commodity Clearance (ICC) of the Bureau of Product Standards (BPS) is issued every time a new motorcycle unit is purchased. Failure to comply with the requirements provided also constitutes a violation of this law.
Who Is It For
The Motorcycle Helmet Act was especially created for the protection of all motorcycle riders. Under the law, all motorcycle riders must wear standard protective motorcycle helmets while driving, regardless if it’s a long or a short drive, and of the type of road and highway. The No Helmet Violation is a consequence of violating the Motorcycle Helmet Act.
Who are Exempted from Wearing Helmets
Like any law, even the Motorcycle Helmet Act has exemptions. In this case, drivers of tricycles shall be exempted from being tagged for No Helmet Violations since they are exempted from complying with the mandatory wearing of motorcycle helmets as provided for in the Motorcycle Helmet Act.
How Much is the Fine or Penalty for No Helmet Violation
No Helmet Violation in the Philippines is one of the driving violations punishable by law. One who incurs this violation may be subjected to a fine ranging from P1,500.00 up to P20,000.00.
The penalties are imposed as follows:
- Any person caught not wearing the standard protective motorcycle helmet.
- First offense: P1,500.00
- Second offense: P3,000.00
- Third offense: P5,000.00
- Fourth and subsequent offense: P10,000.00
- Any seller and/or dealer who violates the provision requiring them to provide a new helmet that passes local safety standards for every purchase of a new motorcycle.
- First and subsequent offense: not less than P10,000.00 but not more than P20,000.00
- Any person who uses, sells, and distributes substandard motorcycle helmets or those which do not bear the PS mark or the ICC certificate.
- First offense: P3,000.00
- Second offense: P5,000.00
- Tampering, alteration, forgery and imitation of the PS mark and the ICC certificates in the helmets.
- First and subsequent offense: not less than P10,000.00 but not more than P20,000.00.
How to Settle No Helmet Violations
Settling a No Helmet Violation may vary depending on where the driver or operator of a motorcycle was apprehended. You may visit the Land Transport Management System (LTMS) portal and log in to check your violations and settle your payment there. Or, you may opt to visit the nearest LTO branch or satellite office closest to you.
When Should I Settle My No Helmet Violation
Motorcycle riders who were apprehended due to No Helmet Violation must settle their violation through the LTO within fifteen (15) days of the apprehension.
Important Reminders
For your reference, here are some important tips worth taking note of:
- The No Helmet Violation is a resulting violation for not following the mandates of the Motorcycle Helmet Act of 2009.
- The Motorcycle Helmet Act not only covers non-wearing of helmets but also non-issuance of standard protective helmets.
- The provisions of the law also penalizes manufacturers and dealers for issuance of substandard helmets.
- The Motorcycle Helmet Act is a law mandated to protect both the drivers and riders.
- Settling violations related to non-use of helmets can be done online by registering for an account on the LTMS portal or in person at the LTO branches.
Video: Settling the No Helmet Violation at the LTO
Learn more about how to settle your No Helmet Violations at the LTO by watching this video from Je, Ads TV:
Frequently Asked Questions (FAQs)
For more information, you may check the common questions and answers regarding the No Helmet Violation here:
1. Why is it illegal to not wear a helmet?
Helmets are one of the rider’s main protection in case of accidents. With the Motorcycle Helmet Act in place, the agency helps promote the use of this protective gear, by making it illegal to ride without one.
2. Is it mandatory to wear a helmet?
Yes. Riders and passengers who travel on any form of roads or highways, whether it is a short trip or long, must be wearing a standard protective helmet, thanks to RA No. 10054, also known as the Motorcycle Helmet Act of 2009.
3. What are the allowed helmets in the Philippines?
To make sure you won’t get apprehended, you should be wearing a full-face helmet that bears an ICC sticker when riding a motorcycle. Of course, the helmet should also have passed local safety standards which certifies that the protective gear is safe to use.
4. Are all helmets the same?
No. There are some helmets you can’t use while riding motorcycles in the Philippines. These are helmets that are not meant for motorcycles, like bike helmets, skateboard helmets, and others. In addition, some helmets don’t have an ICC sticker, so they can’t be used legally even if they are of the right type.
5. Is my back rider or passenger also required to wear a helmet?
Yes. Both the rider and the back rider or passenger are riding the same motorcycle and facing the same risks, so the two of them must be wearing the same appropriate helmet to help keep them safe on the road.
6. Who is exempted from wearing a helmet?
Only tricycle drivers are exempted from wearing a helmet. Other motorcycle riders are required to wear one at all times. Those riding small e-bikes are also encouraged to wear helmets whenever possible.
7. What are the different types of motorcycle helmets?
The different types of motorcycle helmets include:
- Full-face helmet
- Open-face helmet
- Half helmets
- Modular helmets
- Dual-sport helmets
- Off-road helmets
8. What is an ICC sticker for?
A helmet with an ICC sticker means that it meets the ICC standards and has passed the test to get an ICC Certification. The acronym stands for Import Commodity Clearance. The sticker is a Philippine Standard mark and is issued by the Bureau of Product Standards (BPS).
9. What does DOT, ECE, and Snell mean?
These are the different counterparts of the ICC Certification in other countries.
- The DOT stands for the Department of Transportation in the United States. Having this sticker means that it passed the bare minimum standard for motorcycle helmets issued in the USA.
- The ECE is also known as the Economic Commission for Europe. Helmets with the ECE stickers mean that they have passed the test to be legally issued in Europe. It is said that an ECE certification holds more power since the testing procedures are more stringent.
- The Snell is a certification that is named after William “Pete” Snell, a racing driver who died after sustaining severe head injuries when his helmet failed to provide enough protection during a crash. That said, helmets with this certification usually belong to a special niche as they are primarily used by racing drivers/riders. They are usually lightweight and overengineered, making them more expensive than the traditional helmet.
Summary
The No Helmet Violation refers to violations against the Motorcycle Helmet Act of 2009. It refers to non-use of helmets, which can pose risks to motorcycle riders and passengers. Due to the role played by helmets in the protection of the riders, the government has made it mandatory and breaking this rule entails a ticket, penalty, or fine after being tagged for No Helmet Violation.