Senator seeks ban on motorbike rides for children

By Christina Mendez (The Philippine Star) Updated November 29, 2010

MANILA, Philippines - Senate Majority Leader Vicente Sotto III is calling for a ban on children being allowed to ride with their elders on motorcycles.

While he recognized that the motorcycle is one of the most affordable modes of transportation nowadays, both in the metropolis and in rural areas, Sotto raised concerns over the potential risks when children ride motorcycles.

Sotto has filed Senate Bill 2609 to prohibit any person from allowing children 12 years old and below to ride at the back of the motorcycle, whether the motorcycle driver is traveling along public or private roads.

He cited the power of the state to invoke parens patriae, the constitutional mandate to “assume and act as a natural parent or guardian in order to safeguard the welfare of any child or individual or an incapacitated and dependent minor who is in need of protection against danger, risk of lives and limbs.”

Sotto said having children ride at the back of the motorcycle is considered reckless endangerment – the act of doing something with the full knowledge that it potentially endangering the life or safety of someone.

“Children are extremely vulnerable and at risk when riding at the backseat of a motorcycle because of their tender age. Their reflexes are different from adults and they may not be able to react rightly to some situations,” he said.

“Their reactions may result in a situation that could cause them to fall and suffer injury or even death,” Sotto added.

He stressed that emergency situations are exemptions, especially if the use of motorcycle is the only available option.

The proposed law shall also be not applicable in remote places or provinces where there is no considerable vehicular traffic and the motorcycle is the only means of transportation, he said.

Sotto’s proposed bill seeks to impose a fine of P5,000 for first-time offenders, P10,000 for the second offense and P20,000 for the third and succeeding offenses.

The bill, which shall be known as the “Prohibition on Children Riding Motorcycle Act of 2010,” would have the Land Transportation Office (LTO) as its implementing agency.