IN what appears to be a direct defiance of a national law, the lakeshore municipality regarded as the country’s garments capital, came out with an executive order that prohibits motorcycle riders from wearing protective helmets in selected areas in the town.
In issuing Executive Order no. 62 (series of 2023), Taytay Mayor Allan de Leon banned the use of safety helmets and masks for riders and pillions while traversing municipal and barangay roads within its territorial jurisdiction.
Municipal roads are defined as “roads which provide inter-barangay connection to major municipal infrastructure and those which connect barangay roads to provincial/national roads. Barangay roads, on the other hand, are minor or tertiary roads, streets, and alleys under the management of the barangay.
In an earlier statement, the Taytay municipal government cited the need to come up with something in response to the rising incidents involving “unknown motorcycle driving assailants” who “carry out crimes and escape arrest from police authorities.”
Executive Order 62
Under the four-page EO 62, de Leon cited the need to maintain peace and order, protect life, liberty and property, and promote the general welfare as stipulated under Section 5, Article 2 of the Philippine Constitution.
He also hinted at Section 16 of Republic Act 7160 otherwise known as the Local Government Code of 1991, which according to him “mandates every local government unit to exercise powers expressly granted, those necessarily implied there from, as well as powers necessary, appropriate or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare.”
The local chief executive also hinted at Section 444 of RA 7160 which states that “the Municipal Mayor shall determine the guidelines of municipal policies and be responsible to the Sangguniang Bayan for the program of government.”
Knee-Jerk Legislation
According to the Motorcycle Rights Organization (MRO), Taytay’s new rule against riders is no more than “another knee-jerk legislation” which they claimed compromises the safety of motorcycle riders and their pillions.
“[This is] another knee-jerk legislation with complete disregard to public safety and equality... Our lawmakers need to learn how to do research and study fair legislation before they even try to make the rules,” said Jobert Bolanos of MRO.
The group cited Republic Act 10054 (Motorcycle Helmet Act) which mandates all motorcycle riders, as well as their pillion, to wear a safety helmet designed specifically for motorcycle riding.
Under existing rules, an executive order cannot supersede an enacted law, in this case – RA 10054.
Life-Saving Helmets
According to studies, motorcycle helmets can reduce the risks of head injuries by more than 50%. They prevent the risk of death by 37% for riders and 41% for passengers. With helmets on during a crash, riders and passengers may be able to avoid serious injuries, disability, or loss of life.
With little protection for the rider in a collision or crash, the injuries victims sustain in motorbike accidents are often more severe and deadlier than in other motor vehicle crashes. Hence, the need for riders and passengers alike to comply with specific minimum safety standards set by the Department of Transportation.
Besides a helmet, riders must wear goggles and face shields if the motorbike doesn’t have a windshield.
In the Philippines, motorcycle accidents nearly doubled this year, as compared to 8,342 incidents in the entire 2022. Nearly half of all motorcycle accident fatalities are helmetless riders.
Safety Over Compliance
Helmets shouldn’t just be worn to avoid legal repercussions. Practicing motorcycle safety in the Philippines by wearing a helmet and other safety gear protects riders from sustaining catastrophic injuries in a crash. Helmets also protect riders against fatal accidents.
Wearing a helmet helps riders to be safe on two wheels. Motorcycle accidents can cause various injuries, but the most common are traumatic brain injuries.
Motorbike crashes are among the leading causes of brain injuries. A traumatic brain injury (TBI) can lead to permanent disability, affecting a victim’s overall quality of life indefinitely. Helmets are designed to absorb the impact from crashes and protect the rider’s skull from grinding against the road when ejected from a bike.
Riders wearing helmets, according to studies, suffer less harm when the head hits a vehicle, tree, or the road provided one is wearing proper safety gear at the time of the crash.
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