ORDINANCE NO: 2018-398 (Sponsor: Honorable Ricardo S. Alajeno) "AN ORDINANCE REQUIRING ALL DRIVERS AND RIDERS/PASSENGERS OF MOTORCYCLES TO WEAR DULY APPROVED PROTECTIVE HALF-FACE HELMET WITH UNCOVERED FACE WHILE DRIVING AND IMPOSING PENALTY FOR VIOLATION THEREOF" WHEREAS, it has been noted that there is marked increase in high profile case of motorcycle-related criminal cases reported in the Philippine National Police and other local authorities since the identities of motorcycle-riding criminals could not be readily ascertained because they are wearing full-faced helmets with tinted face shields thereby rendering the face incognito; WHEREAS, cases of deadly drive-by shooting and several local incidents of robbery particularly snatching and hold-up perpetrated by criminal elements who are riding in tandem on motorcycles can cause alarm to the public and is inimical to public order and safety; WHEREAS, there is, therefore, the immediate need to enact an ordinance to curb the spate of snatching, hold-up, and robbery cases perpetrated particularly by persons riding in tandem on these two-wheeled motorcycles; WHEREAS, pursuant to the Local Government Code of 1991, all local government units are mandated to maintain peace and order by enacting measures to prevent and suppress lawlessness, disorder and impose penalties for the violation of said ordinances; WHEREAS, this regulation is not intended to deprive motorcycle drivers and riders of protection to their lives through the use of less-protective type of motorcycle helmets the fact that road safety is not wholly dependent on the use of protective equipment by motorcyclists but on how responsible and disciplined drivers they are; Now, Therefore, be it enacted, as it is hereby enacted, by the Sangguniang Panlungsod of the City of Pagadian, in Session Assembled, that: Section 1. Title. This Ordinance shall be called "Protective Helmet Ordinance". Section 2. Scope. This ordinance shall regulate the appropriate use of standard protective helmets by all motorcycle drivers and riders/passengers while driving and/or riding said vehicle in Pagadian City. Section 3. Definition of Terms. The following terms as used in this Ordinance shall mean: Back Rider shall mean any person(s) riding on the motorcycle, or scooter but not necessarily driving same. Chin Cup means an accessory of the chin strap that fits round the point of the wearer's chin; Chin Strap means a part of the retentive system consisting the strap that passes under the wearer's jaws to keep the helmet in position; Driver shall refer to any person duly licensed to operate a motor vehicle; Half-Face Helmet shall refer to a type of a motorcycle helmet which has an open space to expose the face of the wearer; Helmet refers to protective headgear specifically designed for the use of motorcycle drivers and riders, excluding baseball cap, skull guard, or any improvised helmet. Mask means any cloth or material covering any part of the face of the motorcycle, or scooter driver and/or rider/passenger; Motorcycle means a two-wheeled vehicle powered by fuel combustion or electrically powered. Protective Helmet means a helmet primarily worn to protect the wearer's head against impact which bears the Philippine Standard (PS) mark or Import Commodity Clearance (ICC) of the Bureau of Product Standards (BPS); Retention System means the complete assembly, by means of which the helmet is maintained in position on the head, including any devices for the adjustment of the system or to enhance the wearer's comfort; Standard Protective Helmet refers to the appropriate types of helmets for motorcycle riders that comply with the specifications issued by the Department of Trade and Industry (DTI). Uncovered Face shall mean that the face of the helmet-wearing motorcycle rider is visible, thereby excluding the use of face mask, tinted face shield, and bonnet. Section 4. Half-Face Helmet with Uncovered Face. - All motorcycle riders are strictly required to wear the "Half-Face Helmet with Uncovered Face" with the chin strap properly secured while traveling within the territorial limits of the City of Pagadian, in such way that the heads of the motorcycle riders are adequately protected by the proper wearing of motorcycle helmets but the face of the motorcycle riders are clearly visible for convenient identification, thereby excluding the use of non-transparent or colored face mask, tinted face shield and bonnet. However, motorcycle driver(s) and rider(s) using motorcycles with engine displacement of Four Hundred (400) Cubic Centimeters (C.C.) and above, while within the territorial jurisdiction of the city, may use full-face helmets in accordance with applicable national laws and related issuances and are exempted by this particular provision. Section 5. It is hereby prohibited to drive or ride a motorcycle in Pagadian City without using the prescribed protective helmet which should bear the ICC/PS mark (see attached diagram of protective helmet) as defined by existing laws and properly strapped with its chinstrap and chin cup. Section 6. It is hereby prohibited for a driver to allow any rider(s)/passenger(s) without using the above described protective helmet and properly strapped with its chin strap and chin cup. Section 7. Use of Face Mask/Cover. It is hereby prohibited for a driver and/or rider(s) to wear mask while driving/riding the motorcycle with the full face visor of their protective helmet covering the face while driving/riding, except under the following circumstances, viz: when the wearing of a sanitary face mask is necessary due to an ailment or medical/health condition of the driver or rider as per advice/recommendation of a physician; when the motorcycle rider(s) is only just passing through Pagadian City via the B.F. Arao Avenue en route to a farther destination; and when the wearing of sanitary face mask is mandated due to the declaration of an airborne disease outbreak by the proper authorities and protection from a harmful gas. Section 8. Penalty Clause. Any driver/rider who violates any of the provisions of this Ordinance shall be penalized as follows: First Offense - a fine of One Thousand (P1,000.00) Pesos; Second Offense - a fine of Three Thousand (P3,000.00) Pesos; Third Offense - a fine of Five Thousand (P5,000.00) Pesos. Provided that the fine shall be paid to the City's Treasurer Office of the City of Pagadian within seventy-two (72) hours upon receipt thereof, otherwise appropriate charges shall be filed in court against the offender. Section 9. Separability Clause. If for any reason, any provision, portion or part of this ordinance found to be inconsistent with any law, other provisions or part/s thereof not so affected shall remain in full force and effect. Section 10. Repealing/Amendatory Clause. All ordinances rules and regulations or part/s thereof, which are inconsistent or in conflict with the provisions of this ordinance are hereby repealed, amended and/or modified accordingly. Section 11. Effectivity. This Ordinance shall take effect upon its approval and publication in the local newspaper of general circulation. ENACTED AND APPROVED by the Sangguniang Panlungsod (12th City Council) during its 70th Regular Session on 23 January 2018 at the SP Session Hall, Legislative Building, V. Sagun Street, San Francisco District, Pagadian City.