Child Safety in Motor Vehicles Act

Case Overview and Summary

Summary of Republic Act No. 11229 (Child Safety in Motor Vehicles Act)

Declaration of Policy (Section 2)
- Ensure safety of children while being transported in motor vehicles.
- Recognize children's right to assistance, proper care, and special protection from neglect, abuse, and conditions prejudicial to their development, including exposure to safety risks in motor vehicles.
- Require, regulate, promote, and inform the public on the use of child restraint systems in motor vehicles, and provide access to safe, appropriate, quality, and affordable child restraint systems in accordance with international standards.
- Study and determine appropriate safety measures for children being transported in public utility vehicles.

Definitions (Section 3)
- Adult: 18 years old and above.
- Child: 12 years old and below.
- Covered vehicle: Any private or public motor vehicle, upon determination by the Department of Transportation (DOTr).
- Motor vehicle: Both private and public motor vehicles, excluding tricycles and motorcycles.
- Private motor vehicle: Owned by individuals, juridical persons, government agencies, or diplomatic vehicles.
- Public motor vehicle: Public utility vehicle or vehicle for hire.
- Child Restraint System: A device approved under Section 6, designed to diminish the risk of injury to a child in case of collision or abrupt deceleration.

Mandatory Use of Child Restraint System (Section 4)
- Unlawful for the driver of a covered vehicle not to properly secure a child in a child restraint system while the engine is running or transporting the child, unless the child is at least 150 cm or 59 inches in height and properly secured with a regular seat belt.
- Child restraint system must be appropriate to the child's age, height, and weight, and approved under Section 6.
- Exceptions: Medical emergencies, child with medical or developmental condition, or other analogous circumstances prescribed in the implementing rules and regulations (IRR).
- Child must not be left unaccompanied by an adult in a motor vehicle.

Children in Rear Seats (Section 5)
- No child 12 years old and below shall be allowed to sit in the front seat of a motor vehicle with a running engine or while being transported, unless the child meets the height requirement and is properly secured with a regular seat belt in the front seat.

Safety Standards for Child Restraint Systems (Section 6)
- The Department of Trade and Industry (DTI) shall use standards set forth in United Nations Regulation 44 and United Nations Regulation 129, including evolving standards and other acceptable international standards, in approving child restraint systems for manufacture, sale, distribution, and use in the Philippines.
- Manufacturers, importers, distributors, and sellers must secure a Philippine Standards (PS) mark license or Import Clearance Certificate (ICC) license from the Bureau of Product Standards (BPS) before marketing, selling, or distributing child restraint systems.
- BPS shall periodically publish a list of approved child restraint systems manufacturers, importers, distributors, and brands.
- Child restraint systems acquired before the law's effectivity shall be allowed, provided they are not expired.

Prohibition on Substandard or Expired Child Restraint System (Section 7)
- Unlawful for any person, company, partnership, sole proprietorship, manufacturer, distributor, and/or importer to manufacture, use, import, sell, distribute, donate, lease, advertise, promote, or otherwise market the use of substandard or expired child restraint systems.

Certification Training Program (Section 8)
- DOTr and DTI shall formulate and implement a certification training program for product inspectors, law enforcers, manufacturers, distributors, and sellers on the regulation, installation, use, maintenance, and inspection of child restraint systems, as prescribed by the IRR.

Child Safety in Public Utility Vehicles (Section 9)
- DOTr shall conduct a study and recommend to Congress the use of child restraint systems in public utility vehicles (jeepneys, buses, taxis, vans, coasters, transportation network company vehicles, and other public transport vehicles) within one year from the law's effectivity.
- If child restraint systems are not applicable in certain public utility vehicles, DOTr shall recommend other safety measures and/or regulations for the safe and secure transportation of children in such vehicles.

Penalties (Section 10)
- Violation of Sections 4 and 5 (driver not properly securing child in child restraint system or allowing child to sit in front seat):
- First offense: ₱1,000 fine
- Second offense: ₱2,000 fine
- Third and succeeding offenses: ₱5,000 fine and suspension of driver's license for 1 year
- Violation of Sections 6 and 7 (manufacturer, distributor, importer, retailer, and seller violating standards and prohibitions):
- ₱50,000 to ₱100,000 fine for each child restraint system product, without prejudice to other penalties under the Consumer Act of the Philippines
- Driver allowing the use of substandard, expired, or unapproved child restraint system:
- First offense: ₱1,000 fine
- Second offense: ₱3,000 fine
- Third and succeeding offenses: ₱5,000 fine and suspension of driver's license for 1 year
- Tampering, alteration, forgery, and imitation of PS mark or ICC stickers:
- ₱50,000 to ₱100,000 fine for each child restraint system product, without prejudice to other penalties under the Consumer Act of the Philippines
- DOTr may increase fines by up to 10% every 5 years.

Nationwide Public Information Campaign (Section 11)
- DOTr, Philippine Information Agency (PIA), Department of Health (DOH), Department of Education (DepEd), and private agencies and organizations shall undertake a regular nationwide Information, Education and Communication (IEC) campaign within 6 months from the law's passage, including information on the proper installation, use, and maintenance of child restraint systems.
- DOTr may call upon any government agency, including the Philippine National Police (PNP) and non-governmental organizations (NGOs), to extend support and cooperation for the law's implementation.

Review (Section 12)
- DOTr shall conduct and submit to Congress a periodic review on the law's implementation at the end of the third year from its effectivity and every year thereafter.

Implementing Rules and Regulations (Section 13)
- DOTr, in consultation with DTI, DOH, DILG, PNP-HPG, MMDA, CWC, and other concerned agencies and stakeholders, shall promulgate the IRR on child restraint systems within 6 months from the law's effectivity, covering:
- Motor vehicles covered under the law
- Standards and kinds of child restraint systems based on UN Regulations 44 and 129
- Compatibility of child restraint systems with motor vehicles in the market
- Proper installation and positioning of child restraint systems in vehicles
- Certification training program for law enforcers, product inspectors, employees and agents of manufacturers, distributors, sellers, and importers
- Regulation of the manufacture, importation, and distribution of child restraint systems
- Authorities responsible for monitoring, evaluation, and compliance
- Phases of implementation

Appropriations (Section 14)
- Initial funding shall be charged against the current appropriation of the DOTr, and fines and fees collected from the Seat Belt Law may be used to augment the initial funding requirement.
- Fines and fees collected from the enforcement of this law shall be used exclusively for its implementation.
- Subsequent funding shall be included in the annual General Appropriations Act.

Transitory Clause (Section 15)
- Mandatory compliance shall be enforced only one year after the effectivity of the IRR.

Repealing Clause (Section 17)
- Section 5 on the age of children prohibited to sit in the front seat and Section 11 on the use of special car seats of Republic Act No. 8750 are hereby amended.
- All other laws, decrees, executive orders, rules and regulations, issuances or parts thereof inconsistent with this Act are hereby repealed or amended accordingly.

Effectivity (Section 18)
- This Act shall take effect 15 days after its publication in the Official Gazette or in two national newspapers of general circulation.