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Manila Times (11 May 2015)

[ QUEZON CITY ORDINANCE NO. SP-2395, S-2015, February 23, 2015 ]

19th City Council
52th Regular Session

AN ORDINANCE REGULATING THE TRANSPORT OF CHILDREN BY MEANS OF A MOTORCYCLE IN ANY STREET IN QUEZON CITY AND PROVIDING FINE FOR VIOLATION THEREOF




Introduced by Councilor MELENCIO "Bobby" T. CASTELO JR.

Co-Introduced by Councilors Anthony Petar D. Crisologo, Ricardo T. Belmonte, Jr., Dorothy A. Delarmente, Lena Marie P. Juico. Victor V. Ferrer, Jr., Alexis R. Herrera, Precious HipolitoCastelo, Voltaire Godofrado L. Liban III, Roderick M. Paulute, Ranutfo Z. Ludovica, Ramon P. Medalla, Estrella C. Valmocina, Allan Benedict S. Reyes, Gian Cario G. Sotto, Franz S. Pumaren, Eufemio C. Lagumbay, Jose Mario Don S. De Leon, Jaime F. Borres, Jesus Manual C. Suntay, Marvin C. Rillo, Raqual S. MalaƱgen, Jessica CasteloDaza, Bayani V. Hipol, Jose A. Visaya, Julienne Alyson Rao V. Madalla, Godofredo T. Uban II, Allan Butch T. Frandsco, Karl Edgar C. Castelo, Candy A. Medina, Diorella Maria G. Sotto, Marivic Co-Pilar, Rogelio 'Roger' P. Juan, Donato C. Matias and Ricardo B. Corpuz.


WHEREAS, small children should be discouraged or prohibited from riding motorcycles which can be accident prone, thus considered to be a relatively unsafe means of transportation for children:

WHEREAS, in a typical motorcycle accident, a child cannot hold himself in a safe position whether in front or back of the motorcycle rider.  Children have small arms and could not hold well the body of the rider,

WHEREAS, children would be more safe if they are big enough to reach the motorcycle foot pegs, big enough to hold his arms around the waist of the driver and wears protective helmet during the ride;

WHEREAS, according to the study-conducted by Safe Kids Philippines, a non-government organization working to prevent child injuries, at least 35,000 Filipino children are victims to road accidents each year.  Many of the children who are accident victims are either disabled or killed:

WHEREAS, to prevent the occurrence of road accidents involving children there is a need to regulate motorcycle drivers from having small children as passengers.

NOW, THEREFORE,

BE IT ORDAINED BY THE CITY COUNCIL OF QUEZON CITY IN REGULAR SESSION ASSEMBLED:

SECTION 1.
It shall be unlawful for any person to operate a motorcycle in any street in Quezon City with more than one (1) back rider.

SECTION 2. A person may operate a motorcycle in any street within the territorial jurisdiction of Quezon City with a child back rider as passenger, provided that
1. The child is wearing a fit and standard protective helmet as required by Republic Act No. 10054, otherwise known as the "Motorcycle Helmet Act of 2003';

2. The feet of the child can comfortably reach the footrest of the motorcycle;

3. The arms of the child can reach around and grasp the waist of the motorcycle drive; and

4. That the child back rider is mentally capable to appreciate the need to hold on the rider.
SECTION 3. Any person who shall violate any provision of this Ordinance shall be fined, as follows:
a. First Offense - One Thousand Pesos (P1,000.00);

b. Second Offense - Two Thousand Pesos (P2,000.00); and

c. Third and succeeding offenses - Five Thousand Pesos (P5,000.00).
SECTION 4. This Ordinance shall be implemented by the Department of Public Order and Safety (OPOS).

SECTION 5. This Ordinance shall take effect upon its approval.

ENACTED : February 16, 2015

(Sgd.) MA. JOSEFINA G. BELMOTE
Vice-Mayor                  
Presiding Officer              

ATTESTED:

(Sgd.) ATTY. JOHN THOMAS S. ALFEROS III
            City Gov't Asst. Dept. Head III

APPROVED : ____________.       

(Sgd.) HERBERT M. BAUTISTA
Mayor                      
City Mayor                  

CERTIFICATION

This is to certify that this Ordinance was APPROVED by the City Council on Second Reading on February 15, 2015 and we PASSED on Third/Final Reading on February 23, 2015.


(Sgd.) ATTY. JOHN THOMAS S. ALFEROS III
City Gov't Asst. Dept. Head III           
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