Title
IRR on Seat Belt Installation and Use 1999
Law
Lto Administrative Order No. Bgc-ao-99004
Decision Date
Oct 11, 1999
The LTO Administrative Order No. BGC-AO-99004 mandates the wearing of seat belts by drivers and passengers of motor vehicles, requires the retrofitting of seat belt devices in existing vehicles, and imposes fines for non-compliance, with the aim of promoting public safety and reducing road accidents.

Questions (LTO ADMINISTRATIVE ORDER NO. BGC-AO-99004)

It is issued pursuant to Section 4(d)(1) of RA 4136, in relation to RA 8750 (Seat Belts Use Act of 1999). Its purpose is to govern the installation and use of seat belt devices and seat belt anchorage to promote public safety.

A “motorist” refers to the driver of a motor vehicle. “Motor vehicle” covers both private and public motor vehicles but does not include tricycles and motorcycles.

Passengers seated facing forward in the front row and those seated in the back row (immediately behind the driver) of private cars, sports utility vehicles (SUVs), and for-hire vehicles are required to wear seat belts while the vehicle is a “vehicle of running engine” on any road or thoroughfare.

No. Back-row passengers of private jeeps, jeepneys, passenger vans/wagons, AUVs, buses, trucks, vintage cars, and special purpose vehicles are exempted from wearing/using seat belts while inside a vehicle of running engine.

The driver must immediately inform and require front seat passengers to wear the prescribed seat belts upon boarding. If a passenger refuses, the passenger must be directed to take another seat without required seat belts or else not be allowed to continue the trip; the passenger must also be informed that no insurance can be recovered in case of accident.

Owners of in-use motor vehicles (public and private) have until October 31, 2000, or one year from the effectivity of the IRR, to retrofit their vehicles. Effective 01 November 2000, owners of motor vehicles found operating on public highways without the required seat belts are liable under the IRR.

Infants/children aged six (6) years and below are prohibited from sitting in the front seat of any running motor vehicle. Use of special car seats/child restraint systems is optional, except that for vehicles without back row seats, children aged six and below may sit in the front seat only if the vehicle has a manufactured child restraint system meeting internationally acceptable standards pending adoption of a national standard; installation and provision remain the vehicle owner’s responsibility.

For new vehicles, manufacturers, assemblers, body builders, and dealers/distributors must ensure proper installation before distribution/sale. For in-use motor vehicles, retrofitting and proper installation are the responsibility of the vehicle owner.

In general, passenger seats facing forward are required to have seat belts. Outboard passenger seats in the front row (including the driver of new vehicles) and all cars/SUVs must be fitted with 3-point (3PT) seat belts, except jeepneys which may be fitted with 2-point (2PT) seat belts even in the front row. Other seats required by Section 5 are generally fitted with 2PT seat belts (except special public service vehicles as stated in Section 8(d)).

Manufacturers/assemblers/body builders must install 3PT seat belt anchorage on all front outboard seats except jeepneys, and at the least 2PT seat belt anchorage on all other front and back row seats.

If a new type/series of vehicle is introduced into the market after 01 November 2000, 3PT seat belt anchorage shall be installed on all back outboard seats, provided it is technically feasible. This is to allow the option to change a lap belt into a shoulder harness.

The seat/bench/group seat immediately behind a bus entrance/exit and the inboard seat in front of it shall be provided with a 2PT seat belt. If the bus becomes a school service or tourist bus, the back outboard seats must likewise be provided with 3PT seat belts.

No. For buses (private or for hire), no manufacturers/assemblers/body builders/owners shall install a seat/bench/group seat on the right side beside the driver facing sideward.

Proper installation of seat belt and seat belt anchorage is a prerequisite to registration. Effective 01 May 2000, no new motor vehicle may be allowed initial registration unless equipped with the necessary seat belt devices, counted from the sales invoice to the end-user (or for imported vehicles, from release by Bureau of Customs). Effective 01 November 2000, renewal of registration without necessary seat belt devices is not allowed.

First violation: P250. Second: P500. Third and succeeding: P1,000 and suspension of the driver’s license for one (1) week.

For owners: first violation P1,000; second P2,000; third and succeeding P3,000 and suspension of the Certificate of Registration (CR) for three (3) months.

First violation: P5,000 fine and suspension of the license to manufacture/assemble/import/distribute for one (1) year. Second: P10,000 and suspension for two (2) years. Third and subsequent: P20,000 and suspension for five (5) years.

It takes effect fifteen (15) days after receipt of copies by the Office of the National Register (ONAR) U.P. Law Center, Diliman, Quezon City, and publication thereof in at least two (2) national newspapers of general circulation.


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