Law Summary
Policy Objectives
- Ensures child safety and special protection from neglect or abuse during transport.
- Establishes mandatory use of child restraint systems (CRS) meeting international standards.
- Requires study and development of safety measures for children in public utility vehicles.
Key Definitions
- Child: Person 12 years or below.
- Adult: Person 18 years or above.
- Child Restraint System (CRS): Approved devices designed to protect children by limiting mobility during collisions or sudden stops.
- Covered Vehicle: Motor vehicles subject to this Act as determined by DOTr.
Mandatory Use of Child Restraint Systems
- Drivers must properly secure children in suitable CRS at all times when engine is running.
- Requirement ceases if child is at least 150 cm (59 inches) tall and properly secured by seat belt.
- Exemptions include medical emergencies and analogous cases per IRR.
- Children must never be left unaccompanied in vehicles.
Seating Restrictions for Children
- Children 12 and below are prohibited from sitting in the front seat unless meeting height requirement and using seat belt.
Safety Standards for Child Restraint Systems
- DTI mandates adherence to UN Regulations No. 44 and 129 and updates standards accordingly.
- Manufacturers, importers, distributors, and sellers must obtain Philippine Standards (PS) or Import Clearance Certificate (ICC).
- BPS periodically publishes a list of approved CRS products and brands.
- Use of pre-existing CRS allowed if not expired.
Regulation of Substandard or Expired CRS
- Manufacture, importation, sale or promotion of substandard or expired CRS is illegal.
Training and Certification
- DOTr and DTI to implement certification programs for inspectors, law enforcers, manufacturers, distributors, and sellers on CRS installation, use, and inspection.
Child Safety in Public Utility Vehicles
- DOTr to study and recommend CRS use for public utility vehicles including jeepneys, buses, taxis, and others within one year from effectivity.
- If CRS not feasible, alternative safety measures will be recommended.
Penalties
- Drivers violating CRS use fined P1,000 to P5,000 and possible license suspension.
- Manufacturers, distributors, importers, or sellers of substandard CRS fined P50,000 to P100,000 per product.
- Use of CRS without proper PS mark or ICC fined progressively with license suspension for repeated offenses.
- Forgery or tampering of PS marks or ICC stickers incurs fines of P50,000 to P100,000.
Public Information Campaign
- DOTr, PIA, DOH, DepEd, and private sectors to execute nationwide campaigns within six months regarding CRS proper use and maintenance.
- Other government agencies including PNP may provide support.
Periodic Review
- DOTr to submit periodic implementation reports to Congress three years after effectivity and annually thereafter.
Implementing Rules and Regulations (IRR)
- DOTr to promulgate IRR within six months involving DTI, DOH, DILG, PNP-HPG, MMDA, CWC, and other stakeholders.
- Covers scope of vehicles, CRS standards, compatibility, installation, certification programs, monitoring bodies, and implementation phases.
Appropriations
- Initial funding from DOTr current appropriations.
- Fines and fees from seat belt law enforcement may augment budget.
- Continued funding included in annual General Appropriations Act.
Enforcement Period
- Enforcement begins one year after IRR promulgation.
Legal Provisions
- Separability clause preserves remaining provisions if parts are invalidated.
- Repeals inconsistent laws or sections, including parts of RA 8750 related to child seat use.
- Effectivity 15 days after publication in official gazette or two national newspapers.