State policy and preventive safety goal
- The State policy is to secure and safeguard the public—particularly passengers and drivers—from the ruinous and extremely injurious effects of vehicular accidents (Section 2).
- The State pursues a more proactive and preventive approach through the mandatory enforcement of seat belt use by drivers and front seat passengers of private and public motor vehicles (Section 2).
Key definitions and who is covered
- A “Motorist” is the driver of a motor vehicle (Section 3[a]).
- A “Seat belt device” is any strap/webbing or similar pelvic restraint/lap belt, upper torso restraint/shoulder strap, or combination designed to secure a person in a motor vehicle to mitigate accident results, including buckles/fasteners and hardware for installation (Section 3[b]).
- A “Motor vehicle” covers both private and public motor vehicles, and does not include tricycles and motorcycles (Section 3[c]).
- A “Private motor vehicle” includes: (1) motor vehicles owned by individuals and juridical persons for private use; (2) motor vehicles owned by the National Government or any of its agencies/instrumentalities/political subdivisions, including government-owned or -controlled corporations or their subsidiaries for official use; and (3) diplomatic vehicles (Section 3[d]).
- A “Public motor vehicle” is a public utility vehicle or vehicle for hire (Section 3[e]).
- A “Motor vehicle of running engine” is a vehicle operating and standing on any road or thoroughfare with the engine running (Section 3[f]).
- “Front seat passengers” are: (1) on a public utility vehicle, the passenger seated at the right side beside the driver for public utility jeepneys (PUJs); (2) on a public utility bus (PUB), passengers seated at the right side beside the driver, and those at the first row immediately behind the driver; and (3) for private motor vehicles, passengers seated at the right side beside the driver (Section 3[g]).
Mandatory seat belt use rules
- Drivers and front seat passengers of public or private motor vehicles are required to wear or use their seat belt devices while inside a vehicle of running engine on any road or thoroughfare (Section 4).
- For private vehicles, except for jeeps, jeepneys, vans, buses, and such other private vehicles that may be determined in the Implementing Rules and Regulations (IRR), front and back seat passengers must also use seat belt devices at all times (Section 4).
- In public motor vehicles, the driver must immediately inform and require the front seat passengers upon boarding to wear the prescribed seat belts (Section 4).
- Any passenger in a public motor vehicle who refuses to wear a seat belt shall not be allowed to continue the trip (Section 4).
- For special public service vehicles such as school services and other similar vehicles determined by the IRR, seat belt devices should be provided and used by drivers and front seat passengers, and first row passengers immediately behind the driver, while inside a vehicle of running engine (Section 4).
- Operational vehicles (both public and private) not equipped with the required seat belt devices are given one (1) year from the issuance of the IRR by the Land Transportation Office (LTO) to retrofit appropriate seat belt devices (Section 4).
Child safety restriction
- Infants and/or children with ages six (6) years and below are prohibited from sitting in the front seat of any running motor vehicle (Section 5).
Manufacturer and vehicle compliance obligations
- Vehicle manufacturers, assemblers, and distributors must ensure seat belt devices are properly installed before distribution and sale as determined by the IRR (Section 7).
- For jeepneys, manufacturers, assemblers, and distributors may install a pelvic restraint or lap belt only for the driver’s and front seat passengers’ seats, and this installation is considered substantial compliance with the Act (Section 7).
Importation and product standards
- Importing or causing importation of any vehicle without appropriate and operational seat belt devices as required by the Act and the IRR is unlawful (Section 8).
- All seat belt devices installed in motor vehicles must comply with standards and specifications established by the Bureau of Product Standards of the Department of Trade and Industry (DTI) in consultation with the LTO of the Department of Transportation and Communications (DOTC) (Section 9).
- Seat belt devices installed in imported second-hand motor vehicles must conform to the Bureau of Product Standards standards and specifications for purposes of importation and registration (Section 9).
Registration requirements and implementation
- No new motor vehicle may be allowed initial registration and succeeding renewal of registration unless equipped with the necessary seat belt devices (Section 10).
- Renewal of registration of in-use vehicles without necessary seat belt devices is not allowed one (1) year after the passage of the IRR (Section 10).
- The LTO must include in its implementing guidelines a system of vehicle registration where compliance with Section 4 is required (Section 10).
- The LTO is the agency primarily responsible for enforcement and implementation (Section 11).
- Within sixty (60) days from the effectivity of the Act, the LTO must formulate and issue the necessary implementing rules, regulations, and guidelines, and mobilize available resources for effective implementation (Section 11).
- The LTO (or its successor tasked with implementation) may require the use of special car seats for infants if deemed necessary (Section 11).
LTO information campaign and use of fines
- The LTO, in coordination with the Philippine Information Agency (PIA), Department of Education, Culture and Sports (DECS), and private agencies and organizations, must undertake a regular nationwide Information, Education and Communication (IEC) campaign to attain the Act’s objectives, stressing the safety and health value of seat belts for effective enforcement (Section 13[a]).
- The LTO, in coordination with local government units, must utilize citizen groups and community organizations to promote public safety awareness in observance of the Act (Section 13[b]).
- Fines collected for enforcement must be used exclusively for implementation of the Act’s provisions, including necessary promotion campaigns for use of seat belt devices (Section 13[c]).
Penalties, fines, and sanctions for violations
- The LTO shall impose fines against drivers, operators, owners of vehicles, manufacturers, assemblers, importers, and/or distributors for violations of the Act (Section 12).
- The IRR must provide the basis for fine and penalty provisions, and a six (6) months grace period is allowed to lapse to conduct a nationwide information campaign (Section 12).
- For violations by a driver:
- For failure to wear the prescribed seat belt devices and/or failure to require passengers to wear prescribed seat belts: minimum P100 but not to exceed P1,000 for the first violation; minimum P200 but not to exceed P2,000 for the second violation; and minimum P500 but not to exceed P5,000 plus suspension of the driver’s license for one (1) week for the third and succeeding violations (Section 12[1][a]).
- For public utility vehicles that fail to post appropriate signages instructing front seat passengers to wear seat belts: non-compliance makes both the driver and the operator liable, fined minimum P300 but not to exceed P3,000 for every violation (Section 12[1][b]).
- For violations by a manufacturer, assembler, importer, or distributor for every unit found without seat belt devices installed prior to distribution to the public:
- First violation: minimum P5,000 but not to exceed P10,000, plus suspension of the license to manufacture, assemble, import, or distribute for one (1) year (Section 12[2]).
- Second violation: minimum P10,000 but not to exceed P20,000, plus suspension of the license for two (2) years (Section 12[2]).
- Third violation: P20,000 but not to exceed P50,000, plus suspension of the license for five (5) years (Section 12[2]).
Separability, amendment, and repeal
- If any provision or part of the Act is held invalid or unconstitutional, the remainder remains valid and subsisting (Section 14).
- Section 34, Article IV of Republic Act No. 4136 is amended, and any law, executive order, decree, issuance, ordinance, rule and regulation, or part thereof contrary or inconsistent with the Act is repealed, modified, or amended accordingly (Section 15).