QuestionsQuestions (Republic Act No. 11229)
Republic Act No. 11229 is the “Child Safety in Motor Vehicles Act.” Its short title is “Child Safety in Motor Vehicles Act.”
A “Child” is any person twelve (12) years old and below. An “Adult” is any person eighteen (18) years old and above.
RA 11229 applies to covered vehicles, defined as any private motor vehicle or public motor vehicle upon DOTr determination under Section 12. The Act also clarifies that “Motor vehicle” covers both private and public motor vehicles but does not include tricycles and motorcycles.
It is unlawful for the driver of a covered vehicle not to properly secure at all times a child in a child restraint system while the engine is running or transporting the child on any road, street, or highway—unless the child is at least 150 cm (59 inches) tall and properly secured using the regular seat belt. The restraint must be appropriate to the child’s age, height, and weight and approved under Section 6.
The requirements of Section 4 do not apply if using the child restraint system would put the child in greater danger, such as during medical emergencies, or other analogous circumstances prescribed in the IRR.
At no instance shall the child be left unaccompanied by an adult in a motor vehicle.
No child twelve (12) years and below may sit in a front seat of a motor vehicle with a running engine or while being transported on any road unless the child meets the height requirement (at least 150 cm/59 inches) and is properly secured using the regular seat belt in the front seat.
DTI must use standards set forth in United Nations Regulation 44 and United Nations Regulation 129 (including evolving standards) and other acceptable international standards, and periodically update based on current UN Regulations concerning child restraint systems.
They must secure from the Bureau of Product Standards (BPS) either a Philippine Standards (PS) mark license or an Import Clearance Certificate (ICC) license prior to marketing, sale, and distribution.
Yes, provided the device is not expired.
It is unlawful for any person or entity to manufacture, use, import, sell, distribute, donate, lease, advertise, promote, or otherwise market the use of substandard or expired child restraint systems.
DOTr and DTI must formulate and implement a certification training program for product inspectors, law enforcers, manufacturers, distributors, and sellers covering regulation, installation, use, maintenance, and inspection of child restraint systems.
DOTr must conduct a study and recommend to Congress the use of child restraint systems in public utility vehicles (including jeepneys, buses/school buses, taxis, vans, coasters, TNVS accredited/affiliated service vehicles, and other public transport vehicles). The study must be conducted within one (1) year from the effectivity of the Act.
DOTr must recommend to Congress other safety measures and/or regulations for the safe and secure transportation of children in those vehicles.
First offense: P1,000. Second offense: P2,000. Third and succeeding offenses: P5,000 and suspension of the driver’s license for one (1) year.
They are punished with a fine of not less than P50,000 but not more than P100,000 for each and every child restraint system product manufactured, distributed, imported, and/or sold without prejudice to other penalties under RA 7394 (Consumer Act).
Mandatory compliance is enforced only one (1) year after the effectivity of the IRR of the Act.