Motorcycles have long become a popular mode of transportation for Filipinos, thanks to its inexpensive price compared to other private vehicles. The price of a motorcycle even goes lower, in cases of the so-called “open Deed of Sale” basis, where registration is not officially transferred. Having said that, the Philippines has had many cases when motorcycles are bought and sold this way. 

Unfortunately, this is no longer acceptable since the Republic Act (RA) No. 11235, also known as the Motorcycle Crime Prevention Act, commonly known as the “Doble Plaka” act was signed into a law in March 2019. Luckily, the law was temporarily suspended in April 2019, following the controversies and nationwide protests against it. According to some, this Doble Plaka law is discriminatory and way too costly to motorcycle riders. Some provisions may also take hundreds, if not thousands, of motorcycle riders off the roads in the name of maintaining peace and order, protecting life, liberty, and properties, and curbing criminal activities by motorcycle riding-in-tandem. 

What exactly is RA 11235?

Republic Act (RA) No. 11235 is also known as the Motorcycle Crime Prevention Act or the “Doble Plaka” Law. It is an act enacted in an effort to prevent and penalize the use of motorcycle in the commission of crimes by requiring bigger, more readable, and color-coded number plates and identification marks, among others, following the provisions of Article II, Section 5 of the 1987 Constitution which says that it is the state’s duty to secure and safeguard its citizenry from crimes. 

Though the law was enacted with good intentions, that is, to protect the citizens through the prevention of the commission of a crime or offense, the law itself came across as discriminatory and restrictive, not to mention dangerous to the motorcycle riders. It is also apparently difficult to comply with, given the slow and tedious procedures as well as the barriers and apparent delays in the Land Transportation Office (LTO) processes related to some of the provisions of RA 11235. 

Scope of Provisions and Associated Penalties in RA 11235 

To better understand the law and the riders complaints against it, we listed some of the most notable provisions of RA 11235 or the Motorcycle Crime Prevention Act or the “Doble Plaka” Law. 

Registration by the Owner

According to this law, the motorcycle owner must get the initial registration of their motorcycle done with the LTO either by themselves or by the dealer within five days from the date of the sales invoice or from the Certificate of Stock Reported report date. 

Penalty

In cases when the owner fails to register within five days from acquisition of ownership, or to immediately report its sale or disposition in accordance with the period provided, then they will be subjected to either of the following penalties:

• imprisonment of arrest mayor to prision correccional,  
• a fine of not less than twenty thousand pesos (PHP 20,000) but not more than fifty thousand pesos (PHP 50,000), or both.

Bigger, Readable and Color-Coded Number Plates

Upon registration, the LTO will issue a set of bigger, more readable, and color-coded number plates for every motorcycle. 

The set is consists of the following:

• Metal number place to be installed at the rear of the motorcycle
• A decal number plate to be displayed in its front

Features of the new plates as mandated by RA 11235

The new plates will bear the following features:

• A unique combination of alphanumeric characters. 
• The metal plate will measure 235mm in width, and 135mm in height
• A metal plate is made of suitable and durable aluminum substrate material with reflectorized background and security features. 
• The font size for all alphanumeric characters is 60mm tall. 
• The decal plate will measure 135mm in width and 85mm in height
• The decal plate is made of suitable and durable sticker material with reflectorized alphanumeric characters and security features. 
• The font of the alphanumeric characters is 40mm tall. (May be subject to change)
• The contents of the number plates must be readable from both the front and back from a distance of at least fifteen meters. 
• All motorcycles shall have a rear plate light.

Color Scheme for Motorcycle Plates

The color scheme will be as follows:

• Private Motorcycle – white background with color stripe (dependent on the region) and black alphanumeric characters
• Public Utility Motorcycle – yellow background and black alphanumeric characters
• Government Motorcycle – white background and red alphanumeric characters
• Diplomatic Motorcycle – white background and blue alphanumeric characters

Penalty

Driving without a number plate or a readable number plate as described above is prohibited and will be sanctioned by the Control Center.

Driving Without a Number Plate or Readable Number Plate

According to the Doble Plaka Law, driving without a number plate or readable number plate, within fifteen (15) meters will be subject to the following penalties:

• The driver of a motorcycle without a number plate or readable number place shall be punished as follows:
  • prision correccional  
  • A fine of not less than Fifty thousand pesos (P50,000.00) but not more than One hundred thousand (P100,000.00) or 
  • both
• A motorcycle driven without a number plate or a readable number plate shall be stopped and seized by law enforcers to be immediately surrendered to the Philippine National Police (PNP) within twenty-four (24) hours.
• Any apprehension will be reported immediately to the LTO, PNP, and the Department of Information and Communication Technology (DICT) through the Joint LTO and PNP Operations and Control Center. 
• The owner of such a motorcycle may redeem his or her ownership, payment of the costs of seizure, and compliance with a number plate or readable number plate.

Registry of Motorcycles

The law also has provisions requiring the LTO to maintain a Data Privacy Act compliant registry of motorcycles in a database to facilitate information retrieval for official investigation and law enforcement purposes. 

The said registry of motorcycles will include the following information:

• name of motorcycle owner
• motorcycle owners license number
• motorcycle owners address and contact details
• motorcycle identification number
• motorcycle plate number
• motorcycle body color
• motorcycle brand/make

Use of a Motorcycle in the Commission of Crime

If a motorcycle is used in the commission of a crime, or in the escape from the scene of such crime, regardless of the stage of commission, whether attempted, frustrated, or consummated, then the following penalties will be observed:

• If the crime constitutes a grave felony under the Revised Penal Code, the owner, driver, backrider or passenger who participated in the same shall be punished by reclusion temporal to reclusion perpetua.
• If the crime constitutes a less grave felony or light felony under Revised Penal Code or any other crime, the owner, driver, backrider or passenger who participated in the same shall be punished by prision correccional to prision mayor.
• If a seized motorcycle is used in the commission of a crime, the maximum penalty of the relevant crime or offense shall be imposed.
• If the crime constitutes death or serious physical injuries, resulting from the unlawful use of a motorcycle, the penalty of reclusion perpetua.

Loss Number Plate or Readable Number Plate

If the number plate or readable number plate of a motorcycle is lost, damaged, or stolen, the law says that the following procedures should be observed:

• The owner of such a motorcycle shall immediately report the same to the LTO and PNP through the Joint PNP and LTO Operations and Control Center, to request a replacement number plate. Failure to do so will entail a fine of not less than Twenty thousand pesos (P20,000.00) but not more than Fifty thousand pesos (P50,000.00).
• If the lost, damaged or stolen number plate or readable number plate is used in connection with an offense penalized under the Revised Penal Code or special penal laws, the failure of the owner to report within three (3) days that the motorcycle is lost, damaged, or stolen, shall entail a penalty of imprisonment of arresto mayor to prision correccional.

Erasing, Tampering, Forging, Imitating, Covering or Concealing a Number Plate or Readable Number Plate and Intentional Use of Such

Erasing, tampering, altering, forging, imitating, covering, concealing a number plate or readable number plate, or the intentional use of such erased, tampered, altered, forged, imitated, covered or concealed number plate or readable number plate, is illegal and punishable as follows:

• The owner seller is subject to the following punishment:
  • prision mayor 
  • a fine of not less that Fifty thousand pesos (P50,000.00) but not more than One hundred thousand pesos (P100,000.00), or 
  • both
• If a person knowingly sells or buys an erased, tampered, altered, forged or imitated number plate or readable number plate, both such buyer and seller shall be punished as follows:
  • by prision mayor 
• If a person who sells or buys the number plate proves that he or she has no knowledge that it was erased, tampered, altered, forged or imitated, he or she shall be punished as follows:
  • by arresto mayor

Use of a Stolen Number Plate or Readable Number Plate

The use of a stolen number plate or readable number plate in a motorcycle is also prohibited and shall be punished as follows: 

• by prision mayor as provided under the Revised Penal Code, 
• A fine of not less than Fifty Thousand pesos (P50,000.00) but not more than One hundred thousand pesos (P100,000.00), or 
• both as decided by  the court.

Failure to Surrender Seized Motorcycle

As mentioned earlier in the article, some violations of this provision may result in the seizing of the motorcycle. According to the law, a seized motorcycle must be reported by the apprehending officer to the LTO and PNP through the Joint LTO and PNP Operations and Control Center immediately. It must be surrendered within twenty-four (24) hours, too, to the local impounding center provided by the local government unit (LGU). 

Penalty

In case the apprehending officer fails to surrender the motorcycle, then the following penalties will apply:

• Failure to surrender motorcycle within twenty-four (24) hours from seizure, then the LTO officer, PNP officer or deputized law enforcement personnel willl  be punished by prision correccional without prejudice to the filing of proper administrative charges against said officer.
• In case of loss of, or damage to, the motorcycle in the custody of the said officer, the law enforcement officer shall also be held monetarily liable for the full worth of the motorcycle lost or the cost of repairs for the damage to the motorcycle.
• For any damage on an impounded motorcycle, the LTO officer, PNP officer or deputized law enforcement personnel shall be held criminally, administratively, and monetarily liable.

Joint LTO and PNP Operations and Control Center

The law also has provisions for the establishment of a Joint LTO and PNP Operations and Control Center according to the following guidelines: 

• The Operation and Control Center will be operational and accessible real-time, twenty four (24) hours a day and seven (7) days a week, 
• It will be equipped with the latest available technology and adequate computers and software sufficient to immediately address any emergency or inquiry. 
• There is an LTO and the PNP-Highway Patrol Group (PNP-HPG) hotline to specifically address concerns related to crimes or offenses committed with the use of motorcycles. 
• It will be under the supervision of the DICT.

Prohibition on Sale and Importation of Non-Compliant Motorcycles

According to RA 11235, the following guidelines should be observed regarding sales and importation of non-compliant motorcycles:

• No person, whether natural or juridical, shall be allowed to sell motorcycles unless such motorcycle has the capability to bear and showcase the required readable number plate.
• The Bureau of Customs (BOC) shall not allow the importation into the country of motorcycles whose design will impede the placement of the required number plate on the front and back sides of the motorcycles firmly and securely.
• Any motorcycle which does not have any capability to bear and showcase the required readable number plate shall not be allowed to register with the LTO.

Controversies and Notable Complaints About RA 11235

While the law was created with good intentions, the signing of the law was met with controversies and nationwide protests initiated by riders and rider groups in the country due to the following complaints:

• Transferring ownership within five days from the reported sale is impossible due to the barriers and slow process at the LTO.
• The law is discriminatory because it assumes motorcyclists are criminals. 
• The front plates may pose dangers to riders.
• The fines and penalties are too excessive to the point of being discriminatory to motorcycle riders as they are about 10 times higher compared to those charged against violations committed by drivers of four-wheeled vehicles. 
• Some unscrupulous law enforcers have more opportunities to extort money from motorcycle riders. 

Summary

The Doble Plaka Law is,perhaps, one of the most unpopular laws ever enacted in the Philippines. Though it was created with good intentions, the fact that it was met with controversies and nationwide protests say more than it being just a new law. Thankfully, the implementation of the said law is temporarily suspended, rendering it null and void for the time being. 

For over two decades, the Land Transportation Office (LTO), along with its other deputized agencies have been imposing fines and penalties on motorists who violate its rules and regulations. One of the most serious incidents of violation involves road accidents and crashes, resulting in over 5960 dead children or 662 deaths per year from 2006 to 2014. Having said that, the government deemed it necessary to protect the children, hence the creation and enactment of the Republic Act (RA) 11229, also known as the Child Safety in Motor Vehicles Act. 

The Child Safety in Motor Vehicles Act (RA 11229) is just like all the other laws. It was authored by then Senator JV Ejercito to help keep the children alive while riding covered motor vehicles. According to this law, using child restraint system (CRS) can help to proactively prevent accidents and promote land transportation safety for the public, particularly for the children. These are meant to reduce the risks of accidents, injuries, and death, especially those related to motor vehicle accidents. Let’s take a closer look at what this law is all about and how it can help avoid the deaths of children on the road.

RA 12299: Child Safety in Motor Vehicles Act

Republic Act No. 11229 is officially entitled as An Act Providing for the Special Protection of Child Passengers in Motor Vehicles and Appropriating Funds Therefore. It is more commonly known as the Child Safety in Motor Vehicles Act and is enacted separately from RA 10666 or the Children Safety on Motorcycles Act. It was designed to ensure the children’s safety while aboard or being transported in any form of motor vehicle by the mandatory use of safe, appropriate, quality, and affordable child restraint systems in motor vehicles. 

The law also mandates that the agency adequately, consistently and objectively require, regulate, promote, and inform the public on the use of child restraint systems in motor vehicles in addition to providing easy access to safe, appropriate, quality and affordable child restraint systems that pass the international standards accepted by the United Nations.

The Department of Transportation (DOTr), in consultation with the Department of Trade and Industry (DTI), Department of Health (DOH), Department of the Interior and Local Government (DILG), Philippine National Police-Highway Patrol Group (PNP-HPG), Metro Manila Development Authority (MMDA), Council for the Welfare of Children (CWC) and other concerned agencies and stakeholders, created the Implementing Rules and Regulations of RA 12299 which covers the following:

• Motor vehicles covered under this Act;
• Standards and kinds of child restraint systems based on UN Regulations 44 and 129;
• Compatibility of child restraint systems to motor vehicles available in the market;
• Proper installation and positioning of the child restraint system in the vehicle;
• Certification training program for law enforcers, product inspectors, employees and agents of manufacturers, distributors, sellers and importers;
• Regulation of the manufacture, importation, and distribution of child restraint systems;
• Authorities responsible for the monitoring and evaluation of the implementation and compliance to the provisions of this Act; and
• Appropriation of the collected fines and fees in the implementation of this law

Provisions of the Child Safety in Motor Vehicles Act (RA 12299)

The following provisions are included in the Child Safety in Motor Vehicles Act:

Mandatory Use of Child Restraint System in Motor Vehicles

According to RA 12299, children who are twelve (12) years old or younger must be in a child restraint system while on board a closed motor vehicle while the engine is running, unless the child is at least one hundred fifty (150) centimeters or fifty-nine (59) inches in height. The law also said that at no instance should a child be left unaccompanied by an adult in a motor vehicle.

Children in Rear Seats

No child twelve (12) years and below of age shall be allowed to sit in a front seat of a motor vehicle with a running engine or while such child is being transported on any road, street or highway, unless the child meets the height requirement of at least one hundred fifty (150) centimeters or fifty-nine (59) inches. 

Safety Standards for Child Restraint Systems

Before a child restraint system can be manufactured, sold, distributed and used legally, it must have passed the standards set forth by the Department of Trade and Industry (DTI) in accordance with the standards provisioned in United Nations Regulation 44 and 129 as well as other acceptable international standards in the approval or disapproval of child restraint systems. Passing these standards are signified by the Bureau of Product Standards (BPS) sticker, a Philippine Standards (PS) mark license, or Import Clearance Certificate (ICC) license certificate. The BPS also periodically publishes a list of child restraint systems manufacturers, importers and distributors, and the brands which pass its standards in a newspaper of general circulation or in its website.

Prohibition on Substandard or Expired Child Restraint System

The law also states that it is unlawful for any person, company, partnership, sole proprietorship, manufacturer, distributor, and/or importer to manufacture, use, import, sell, distribute, donate, lease, advertise, promote, or otherwise market the use of substandard or expired child restraint systems.

Certification Training Program

The law also offers provisions for the Department of Transportation (DOTr) and the DTI to formulate and implement a certification training program for product inspectors, law enforcers, manufacturers, distributors, and sellers on the regulation, installation, use, maintenance and inspection of child restraint systems.

Child Safety in Public Utility Vehicles

To date, the DOTr is yet to recommend the use of child restraint systems in public utility vehicles such as, jeepneys, buses, including school buses, taxis, vans, coasters, accredited/affiliated service vehicles of transportation network companies, and all other motor vehicles used for public transport.

Penalties for Violation of RA 12299

The law also includes information on the penalties in the event of violations of any of the provisions stated in the Child Safety in Motor Vehicles Act (RA 12299).

These penalties are as follows:

• For violations involving the mandatory use of child restraint system and children in rear seats of covered motor vehicles:
  • First offense: A fine of One thousand pesos (₱1,000.00)
  • Second offense: A fine of Two thousand pesos (₱2,000.00)
  • Third and succeeding offenses: A fine of Five thousand pesos (₱5,000.00) and suspension of the drivers license for a period of one (1) year
• For violations involving safety standards for child restraint systems and the prohibition on substandard or expired child restraint system, manufacturers, distributors, importers, retailers, and sellers may be subjected to the following penalties:
  • A fine of not less than Fifty thousand pesos (₱50,000.00) but not more than One hundred thousand pesos (₱100,000.00) for each and every child restraint system product manufactured, distributed, imported and/or sold, without prejudice to other penalties imposed under Republic Act No. 7394 or the “Consumer Act of the Philippines”.
• For violations involving driver who allows the use of substandard and/or expired child restraint system or permits the use of child restraint system that does not bear the PS mark or the ICC sticker and certificate:
  • First offense: A fine of one thousand pesos (₱1,000.00)
  • Second offense: A fine of three thousand pesos (₱3,000.00)
  • Third and succeeding offenses: A fine of five thousand pesos (₱5,000.00) and suspension of the drivers license for a period of one (1) year
• For violations involving tampering, alteration, forgery and imitation of the PS mark or the ICC stickers in the child restraint systems, the following penalties shall apply:
  • A fine of not less than Fifty thousand pesos (₱50,000.00) but not more than One hundred thousand pesos (₱100,000.00), for each and every child restraint system product, without prejudice to other penalties imposed in Republic Act No. 7394 or the “Consumer Act of the Philippines” with the DOTr being empowered to increase or adjust the amounts of the fines prescribed in this section once every five (5) years in the amount not exceeding ten per percent (10%) of existing rates.

Exemptions of the Provisions of RA 12299

The following lists the circumstances when exemptions of the need for child restraint system applies, as stated in the provisions of Child Safety in Motor Vehicles Act (RA 12299):

• When the child restraint system would put such child in a greater danger, such as:
  • During medical emergencies;
  • When the child transported has a medical or developmental condition;
  • If the child has a medical, mental, or psychological condition; or
  • Other analogous circumstances prescribed under the implementing rules and regulations (IRR).

Video: What is RA 11229?

Learn more about what Child Safety in Motor Vehicles Act (RA 12299) is all about by watching this explainer video from DriveSafe PH:

Frequently Asked Questions (FAQs)

For your reference, here are some of the most commonly asked questions regarding the Child Safety in Motor Vehicles Act (RA 12299):

1. What is RA 11229 or “The Child Safety in Motor Vehicle Act”? 

It is a law that mandates the use of age-appropriate and quality child restraint systems (CRS) in covered motor vehicles. The law also prohibits children below 12 years old and under one hundred fifty (150) centimeters or fifty-nine (59) inches from sitting beside the driver when the vehicle is moving. The law mandates both the DOTr and the LTO to adequately, consistently, and objectively require, regulate, promote, and inform the public on the use child restraint systems in motor vehicles, and regulate the same access to safe, appropriate, quality, and affordable child restraint systems in accordance with the international standards accepted by the United Nations or UN. It also includes clauses on how to punish violators of such rules with fines and penalties, the severity and cost of which may vary depending on the type and incidence of violations as well as the resulting damages. 

2. What is a Child Restraint System (CRS)?

A child restraint system (CRS) refers to a device, approved by law in  accordance with the provisions stated in Section 6 of Republic Act No. 11229. It is a system designed to be capable of accommodating a child occupant in a sitting or supine position and is used to diminish the risk of injury to the child, twelve (12) years or younger, in the event of a collision or of abrupt deceleration of the vehicle, by limiting the mobility of the body.

3. Are RA 12299 and RA 10666 the same? 

No. While both involve child safety, RA 10666 refers to child safety rules, requirements, prohibitions, and guidelines to follow when riding motorcycles while RA 12299 refers to the rules, requirements, and guidelines to follow as well as the need to use child restraint systems while riding a moving closed motor vehicle. 

4. Can an expired child restraint system be used when it still looks in good shape?

No. There’s a reason for the inclusion of specific prohibition against use of substandard or expired child restraint systems. Besides, if the child restraint system isn’t at its peak form, then it kind of defeats its purpose since it won’t be able to protect the child the way it is supposed to. 

5. What is a covered vehicle?

A covered vehicle could be any type of private or public motor vehicle, excluding tricycles and motorcycles, that satisfies the requirements as determined by the Department of Transportation (DOTr) in accordance with Section 12 of RA 12299.

Summary

Despite the ever increasing problems regarding the vehicles on the road, the Philippine government makes it a point to protect the rights and ensure the safety of the children while riding a motor vehicle or while being transported. Thanks to the Child Safety in Motor Vehicles Act (RA 12299), children who ride covered vehicles get a fighting chance in cases of unexpected incidents or accidents on the road. Plus, the law punishes those who don’t follow the rules and regulations stated in it, so it’s a pretty effective preventive measure and it works well enough to reduce the risks of accidents, injuries, and death, especially to children who ride motor vehicles. It also includes information on fines and penalties for both the drivers and implementing authorities in cases of failure to follow the provisions of the law.