The Department of Transportation (DOTr), through the Republic Act No. 10666: Children’s Safety on Motorcycles Act of 2015, has always been concerned about children’s safety on motorcycles. In a bid to defend the children’s right to special protection, the Children’s Safety on Motorcycles Act, a proactive and preventive approach to secure the safety of passengers, especially children, by regulating the operation of motorcycles along roads and highways, was enacted.
Toward this end, the DOTr, along with the Land Transportation Office (LTO), Metro Manila Development Authority (MMDA), and the Philippine National Police (PNP), ensures that no child will bear the risks of being squashed between driver and pillion, while riding as passengers on motorcycles. The law also states the conditions that need to be met for children to be able to ride motorcycles, along with the accompanying fines should they violate the rules.
The Republic Act 10666 is a law in the Philippines also known as the Children’s Safety on Motorcycles Act of 2015. The law is the manifestation of the government’s attempt to offer protection to children on the road. It prohibits any person from driving a motorcycle on public roads with a child on board and offers a clear guideline for children passengers on motorcycles.
According to RA 10666, it is unlawful for anyone to drive a two (2)-wheeled motorcycle with a child on board on public roads. While there are exemptions, the rule applies to every child, as long as they are below the age of eighteen (18). Violations of the law may result in hefty fines or even suspension and revocation of the driver’s license. In worse cases, or in cases of injuries and accidental death, the driver may also be sent to jail.
Coverage and Exemptions under the Children’s Safety on Motorcycles Act of 2015
The Children’s Safety on Motorcycles Act it is unlawful for any child below 18 years old to be transported aboard a motorcycle or any two-wheeled motor vehicles with either one or two riding saddles. However, like any other law, there are some exemptions to this rule as well.
Coverage
According to the provisions of the Children’s Safety on Motorcycles Act, the act is effective on all motorcycles traversing all kind public roads nationwide, such as, but not limited to the following:
National highways
Provincial roads
Municipal streets
Barangay streets
Roads with a heavy volume of vehicles
Roads with a high-density of fast moving vehicles
Roads with a speed limit of more than 60 kph
This is especially true during the following situations:
when there is a heavy volume of vehicles;
when there is a high density of fast-moving vehicles; or
when the speed limit imposed is more than 60/kph.
Exemptions
Notwithstanding the prohibition provided for in the Children’s Safety on Motorcycles Act, no child shall be allowed to board a motor vehicle with a running engine or be transported on any road, street, or highway, unless they meet the following conditions:
The child, of any age, requires immediate medical attention and must be transported right away.
The child passenger can comfortably reach his/her feet on the standard foot peg of the motorcycle;
The child’s arms can reach around and grasp the waist of the motorcycle rider; and
The child is wearing a standard protective helmet or gear.
Just to clarify the preceding information on coverage and exemptions, this law covers motorcycles defined as “any two (2)-wheeled motor vehicle having one (1) or two (2) riding saddles” riding along public roads. The foot peg, referred to in the Act, which is one of the prerequisites for children’s safety and ability to ride as a motorcycle passenger, is defined as “a flat form attached to the motorcycles on which to stand or brace the feet.”
Penalties and Fees for Violating the Children’s Safety on Motorcycles Act of 2015
Another provision in the Children’s Safety on Motorcycles Act details the hefty penalties, fees, and punishments associated with any case of violations, regardless if it results in serious or less serious injuries or accidental death.
First offense: P 3,000.00
Second offense: P 5,000.00
Third and succeeding offenses: P 10,000.00; plus the suspension of the driver’s Driver’s License on third offense, and revocation
Beyond third offense: P 10,000.00; plus the revocation of the driver’s Driver’s License
The law also states that,
If, in violation of the provisions of this law, death shall have resulted or serious or less serious injuries shall have been inflicted upon the child or any other person, a penalty of one (1) year imprisonment shall be imposed upon the motorcycle rider or operator of the motorcycle involved without prejudice to the penalties provided for under Act No. 3815, otherwise known as “The Revised Penal Code of the Philippines”.
Simply put, if a child passenger is injured or dies following a violation of RA 10666, then the driver will have to serve jail time.
Important Reminders
For tour reference, here are some important reminders worth taking note of:
RA10666 finally gave law enforcers the teeth to penalize erring motorcycle riders who continue to transport small children onboard motorcycles.
Some people believe it to be the legacy of the late President Benigo Aquino III.
The law offers protection to the riders and their children.
After all, motorcycle injuries are among the top causes of road crash deaths, comprising 56% of the total identified transport cases nationwide.
The Department of Transportation (DOTr) is the lead implementing agency of the law in the Philippines.
Video: Understanding the Children’s Safety on Motorcycles Act.
For more information on the Children’s Safety on Motorcycles Act, watch this explainer video from DriveSafe Ph.
Frequently Asked Questions (FAQs)
For more information, you may check out this list of the most common questions and answers regarding the Children’s Safety on Motorcycles Act or RA 10666:
1. What is RA1066 or the Children’s Safety on Motorcycles Act of 2015?
RA1066 or the Children’s Safety on Motorcycles Act of 2015 prohibits any person from driving a motorcycle on public roads with a child on board.
2. Is this law important?
Yes. It is quite important as this is a proactive and preventive attempt by the government to secure the safety of child passengers in accordance with the national policy to protect the children’s right to a safe and secure environment.
3. Who will enforce the law?
The DOTr – Land Transportation Office (LTO) is the lead implementing agency of the Act. However, the LTO also has the authority to deputize members of the PNP, MMDA, and LGUs to carry out enforcement functions and duties.
Summary
In a nutshell, RA 10666, also known as the Children Safety on Motorcycles Act, makes it unlawful for anyone to have a child on board while driving any two (2)-wheeled motorcycle and on public roads. This is especially true when there is a heavy volume of vehicles, there is high density of fast-moving vehicles, or the speed limit is more than 60/kph. The law not only serves as a reminder and a regulation that entails penalties when violated, but it is actually one that invokes the call to “think of the children” in an attempt to protect those little lives we all value so much.
An LTO Medical Certificate has always been one of the main requirements for securing a driver’s license in the Philippines. Along with a negative drug test and other documents like the Application for Permits and Licenses (APL) form and an eye test result, the LTO Medical Certificate is mandated by law to ensure that the driver is mentally and physically fit so he or she could keep himself and his passengers, as well as the other drivers and passengers, safe on the road.
In 2019, the Land Transportation Office (LTO) changed the process of getting the medical certificate issued and processed within the LTO system. Instead of having the applicants secure the medical certificate and bring them to the LTO, the agency now only accepts medical certificates issued online and transmitted electronically by medical clinics and practicing physicians who are registered within the LTO system.
The online transmission system gives the agency full control of all LTO transactions, while minimizing the risk of fraud or manipulation of presented medical certificates. With this guide, we hope to offer a walkthrough on how you can secure these LTO-required medical certificates safely and legally in order to secure your driver’s license.
LTO Medical Certificate: What is It and What is It For?
An LTO Medical Certificate is a document electronically issued by LTO-accredited clinics and practicing physicians to aspiring driver license applicants. This also serves as proof that the DL applicant is physically and mentally fit to drive a motor vehicle.
The LTO Medical Certificate is a must have for everyone seeking to acquire a driver’s license in the Philippines, regardless of the license classification. It means you will need a medical certificate regardless if you are trying to secure a student driver’s license, a non-professional driver’s license, or a professional driver’s license. A medical certificate is also a mandatory requirement for individuals who are renewing their driver’s license in the Philippines.
Information Included in the LTO Medical Certificate
Because the medical certificate is intended to prove that the individual has all his physical and mental faculties in order, the Department Order No. 2015-014 mandates that the medical certificate reflect that following information:
Full Name
Complete Address
Professional Tax Receipt (PTR) number
Professional Regulation Commission (PRC) number of the Physician who did the exam
The medical certificate should be able to prove the following about the license applicant:
Is mentally and physically fit for driving
Is drug-free
Is not color blind
Has good eyesight or needs correction glasses
Is able to hear clearly or needs a hearing device
It should also reflect any form of disabilities, including:
Orthopedically Impaired
For upper limbs: Amputated left or right arm with prosthesis
For lower limbs: Amputated left or right leg with prosthesis
Post-Poliomyelitis: With one paralyzed leg either left or right
Partially blind
Speech and Hearing Impaired
Free from highly contagious diseases (for PDL applicants)
Aside from these, the medical certificate should also reflect all other existing diseases or medical conditions or disabilities. These things should be declared by the license applicant and it includes sickness history involving certain conditions like:
High blood pressure
Stroke
Visual disturbances (glaucoma or cataract)
Limb problems
Dementia
Diabetes
List of Medical Tests for LTO License
To obtain an LTO medical certificate, you must pass a health check that includes:
A drug test at the clinic
Eye test
Hearing and speaking check
Disabilities
Blood tests
Dementia
High blood pressure
There’s a good reason why LTO requires checking on these things. The drug test, for instance, is the agency’s way of checking if the applicant uses illegal narcotics as it can affect one’s physical and mental health. The eye test, on the other hand, ensures that the driver’s license applicant meets the standard distant binocular visual acuity of not less than 20/40 by Snellen (or 0.5, 6/12) in both eyes, with or without corrective lenses. Depending on the result of the eye test, though, you may be allowed to drive but with the following restrictions:
20/50 vision qualifies for driving with corrective glasses/lenses
20/60 vision qualifies for daytime driving only
Persons with cataracts are not allowed to drive at night
The medical tests also include checking on the other conditions including your ability to hear and speak, your disabilities, and all your other diseases that can affect your capability to drive safely.
How Much Does an LTO Medical Certificate Cost?
Getting a medical certificate a few days before your application date can help you avoid long lines. The LTO medical certificate usually costs Php 500.00, but it could vary depending on the guidelines of the medical clinics.
The medical result will be sent by the medical clinic electronically to the LTO’s database in a bid to avoid forgery, duplication, and faking of the certificate.
Validity
How long is the Validity Period of the LTO Medical Certificate? The LTO medical certificate is sent by medical clinics electronically to the LTO office and it is valid and usable for only fifteen (15) days from the date it was issued.
Where to Get the LTO Medical Certificate
The LTO Medical certificate can be secured from any LTO-accredited or government physician and government clinics or hospitals, usually located within the vicinity of an LTO office.
How to Get a Medical Certificate for LTO
Driver’s license applicants, regardless of license classification, will need to follow these steps to secure a LTO medical certificate:
Step 1: Visit any LTO-accredited or government physician and government clinics or hospitals closest to you. These are usually within the vicinity of an LTO office, but if they’re not, you can always check the LTO website to check the list of accredited clinics and physicians nationwide.
Step 2: Settle the fees.
Step 3: Provide your personal information by filling out forms for patients.
Step 4: Wait for your turn to be tested for drug use, visual acuity, hearing and speaking, disabilities, and other diseases.
Step 5: Once done,a certificate will be issued and sent electronically to LTO via the LTMS.
LTO Medical Certificate Sample Form
Here is a sample medical evaluation form to give you an idea what this looks like:
Important Reminders
Here are a few reminders for those who are seeking to apply for an LTO Medical Certificate:
You will need an LTO Medical Certificate when applying for a driver’s license, whether as a new applicant or for renewal.
The most important factor that a medical practitioner will check on you are your eyes. That said, LTO-accredited medical clinics will take great care in getting a precise eye exam done by giving applicants a series of eye tests.
Before the medical certificate can be electronically submitted to the LTO via the Land Transportation Management System (LTMS) portal, both the examining physician and the license applicant must have their biometric finger scans.
During the medical examination, you need to make sure that you let the examining physician know all medical conditions you have as of the present especially those conditions that might affect your ability to drive safely.
Certain restrictions will be imposed depending on the result of the medical exam.
Passing of fake medical certificates, regardless whether it was forged, duplicated, or processed from a non-licensed physician, are not accepted at any LTO office.
You will not be allowed to secure a license or even renew a license using a fake certificate, regardless of classification.
If any driver’s license is issued by accident or by mistake, it will be immediately recalled by LTO and a proper case shall be filed.
In order to get tested, you will need to visit any of the LTO-accredited clinics nationwide.
Once you are done with the LTO medical exam, the medical certificate you needed for your driver’s license application will be sent directly to LTO.
If the LTO-accredited clinics near the LTO offices are closed or unavailable, you can take the medical exam from a different LTO-accredited clinic.
It doesn’t really matter which LTO-accredited medical clinic you decide to get tested.
The important thing to consider when acquiring a medical certificate for LTO is that the medical clinic and the physician is accredited by the agency.
Drivers involved in traffic collisions that results in the death of a person, physical injuries, or serious property damage are required to undergo a medical exam at any LTO-accredited medical clinic or government health facility to assess their physical and mental fitness to drive within 72 hours of the time of the road crash or, if applicable, their release from detention or medical care.
Drivers whose license has five-year validity must take the PME within 60 days before their 3rd birthdate from the issuance of their license.
Drivers whose license has a ten-year validity period, must undergo their PME before their 4th and 7th birthdays from the issuance of their license.
License holders are also required to submit a medical examination certificate from LTO-accredited clinics every time they renew their licenses.
Video: Guide to Applying for an LTO Medical Certificate
In this video posted on the Youtube channel, WanderJ, the vlogger shares a complete guide to securing an LTO Medical Certificate, along with some of the most frequently asked questions about it.
Some questions that was answered in the video include:
What is an LTO Medical Certificate?
Is the LTO Medical Certificate required for driver’s license applications?
Where can I secure an LTO Medical Certificate?
What medical tests are done during the LTO Medical exam?
How much does an LTO medical certificate cost?
How long is the validity period of an LTO medical certificate?
To learn about these things and more, you can watch the video below:
Frequently Asked Questions (FAQs)
Here’s a list of all the frequently asked questions and answers regarding the LTO medical certificate:
1. Are foreigners required to present a medical certificate?
Like Filipino driver’s license applicants, foreigners in the Philippines who are looking to secure a driver’s license are bound by the same rules. Having said that, they are also required to submit an LTO medical certificate even if they have a dual citizen license. Foreigners will need to submit to a medical exam conducted by any LTO-accredited licensed physician who is practicing in the Philippines, so they can have his medical certificate electronically sent to LTO.
2. Can I skip on getting an LTO medical certificate when applying for a driver’s license?
No. According to the LTO, getting a medical certificate is “a vital part of the driver’s license application process to determine if the applicant is fit to operate a motor vehicle” and should not be skipped.
3. Can I use an LTO medical certificate “sold” by LTO-accredited medical clinics to driver’s license applicants?
No. Medical certificates issued without a physical examination, even if it is complete with the stamped name and signature of the accredited doctor, is not acceptable as it is secured through the violation of LTO Memorandum Circular 2018-2157. The license applicants are encouraged to report this type of clinic to LTO. Once proven, the LTO will issue a Notice of Violation/Cease-and-Desist Order for both the clinic and the doctor whose stamped name and signature appeared in the medical certificate. Aside from closure, the Medical Clinic will also be deactivated from the LTO IT system.
4. Does the LTO require a Neuro-Psychiatric Exam before a medical certificate is issued?
Not from everyone. The only ones required by LTO to undergo a neuro-psychiatric assessment or exam from any government-accredited facility are the following:
People whose driver’s license has been revoked
Any person who has been found to be an improper person to operate motor vehicles
Any person who has committed, or as an accessory to, any crime
Any person who has committed, or as an accessory to act which endangers the public while driving
Any person who has accumulated at least forty demerit points
Those who have been subject to an outright revocation of driver’s license under Section 16 of the IRR of RA 10930
Those whose driver’s license has been revoked for any other lawful reason except in cases where perpetual disqualification from being granted a license has been imposed.
5. Where can I get an LTO medical certificate?
Getting a medical certificate required for a driver’s license application or renewal can be done by visiting any of the LTO-accredited medical clinics listed on the LTO website. You can access this list by visiting this link: https://lto.gov.ph/lto-accreditation/list-of-accredited-clinics.html.
6. How do I reach out to the LTO for questions or concerns?
To reach out to the LTO, you may try the following contact information:
Via phone call: You may contact them at their telephone number (632) 922-9061 to 66.
Via email: You may also send them an email at clientcare@lto.gov.ph.
Via the LTO Text Hotline Service: You may use LTO’s nationwide SMS service for drivers and vehicle owners by typing LTOHELP and sending it to 2600
By visiting the LTO office: For information, you may check the LTO branch closest to you.
Summary
Getting an LTO driver’s license in the Philippines is a simple act of keeping yourself and others safe. As part of the agency’s attempt to help ensure safety on the road, they initiated the need for an LTO medical exam and certificate for every aspiring driver.
The LTO medical certificate is one of the many requirements for securing a driver’s license. It’s easy to get, requiring only a short visit to an LTO-accredited clinic and physician and a mere Php 500.00. The mandatory medical exam ensures that the driver is healthy and that he doesn’t have any disease, disability, or any underlying conditions that will affect his driving prowess and endanger himself and others.
The medical certificate proves that the driver won’t pose danger to himself and others due to his health or body conditions. It’s also a mandatory requirement, so if you want to drive legally in the Philippines, then you will need to secure one.
Contact Information
Land Transportation Office (LTO) LTMS portal: Visit the LTO’s official website and fill out their Contact Us form at https://portal.lto.gov.ph/ords/f?p=PUBLIC_PORTAL:CONTACT_US:115716301949471. Telephone Number: You may contact them at their telephone number (632) 922-9061 to 66. Email: You may also send them an email at clientcare@lto.gov.ph. LTO Text Hotline Service: You may use LTO’s nationwide SMS service for drivers and vehicle owners by typing LTOHELP and sending it to 2600 LTO office:For information, you may check the LTO branch closest to you.
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.
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.
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.
