Republic Act No. 11229

- This Act shall known as the "Child Safety in Motor Vehicles Act".

- It is the policy of the State to ensure the safety of children while being transported in any form of motor vehicle. The State recognizes the right of children to assistance, including proper; care, and special protection from all forms of neglect, abuse and other conditions prejudicial to their development, including exposure to safety risks while aboard motor vehicles.

In order to guarantee the safety and welfare of infants and children and prevent traffic-related deaths and injuries., there is a need to adequately, consistently and objectively 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 accepted by the United Nations.

Furthermore, there is also a need to study and determine appropriate safety measures for children being transported in public utility vehicles.

- For purpose of this Act, the term:

It shall be 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 such child on any road, street or highway unless the child is at least one hundred fifty (150) centimeters or fifty-nine (59) inches in height and is properly secured using the regular seat belt. The child restraint system shall be appropriate to the childs age, height and weight, and approved in accordance with Section 6 of this Act.The requirements of this section shall not apply to circumstances where the child restraint system would put such child in a greater danger, such as:

- No child twelve (12) years and below of age shall be allowed to sit in a front seat of a motor vehicle with a running engine or while such child is being transported on any road, street or highway, unless the child meets the height requirement set forth in Section 4 of this Act and is properly secured using the regular seat belt in the front seat.

- The Department of Trade and Industry (DTI) is mandated to use standards set forth in United Nations Regulation 44 and United Nations Regulation 129 including its evolving standards and other acceptable international standards in the approval or disapproval of child restraint systems that will be manufactured, sold, distributed and used in the Philippines. Such standards shall be periodically updated based on current United Nations Regulations concerning Child Restraint Systems.

All manufacturers, importers, distributors and sellers of child restraint systems are required to secure from the Bureau of Product Standards (BPS) a Philippine Standards (PS) mark license or Import Clearance Certificate (ICC) license prior to the marketing, sale and distribution of their products. The BPS shall issue periodically a list of child restraint systems manufacturers, importers and distributors, and the brands which pass its standards to be published in a newspaper of general circulation or in its website.

The use of child restraint system acquired prior to the effectivity of this Act shall be allowed: Provided, That such device is not expired.

- It shall be 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 system.

- The DOTr and the DTI are hereby mandated to 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 IRR.

- The DOTr shall conduct a study and recommend to Congress the use of child restraint systems in public utility vehicles such as, jeepneys, buses, including school buses, taxis, vans, coasters, accredited/affiliated service vehicles of transportation network companies, and all other motor vehicles used for public transport.

Should the DOTr determine, after study, that child restraint systems are not applicable in certain public utility vehicles, it shall recommend to Congress other safety measures and/or regulations for the safe and secure transportation of children in such vehicles: Provided, That the study shall be conducted within one (1) year from the effectivity of this Act.

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- The DOTr shall conduct and submit to Congress a periodic review on the implementation of this Act at the end of the third year from the date of its effectivity and every year thereafter.

- The DOTr, in consultation with the DTI, DOH, Department of the Interior and Local Government (DILG), Philippine National Police-Highway Patrol Group (PNP-HPG), Metro Manila Development Authority (MMDA), Council for the Welfare of Children (CWC) and other concerned agencies and stakeholders, shall promulgate the IRR on child restraint systems within six (6) months from the effectivity of this Act.

The IRR shall cover among others the following:

<>(a) Motor vehicles covered under this Act;

- The initial amount necessary for the implementation of this Act shall be charged against the current appropriation of the DOTr: Provided, That fines and fees collected from the implementation of the Seat Belt Law may be used to augment the initial funding requirement of this Act: Provided, further, That the fines and fees that may be collected in the enforcement of this Act shall be used exclusively for its implementation: Provided, finally, That such sums as may be necessary for the continued implementation of this Act shall be included in the annual General Appropriations Act.

- Mandatory compliance of this Act shall be enforced only one (1) year after the effectivity of the IRR of this Act.

- If any provision, or part hereof, is held invalid or unconstitutional, the remainder of the law or provision not otherwise affected shall remain valid and subsisting.

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

- This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in two (2) national newspapers of general circulation.

Approved,

GLORIA MACAPAGAL-ARROYO Speaker of the House of Representatives

VICENTE C. SOTTO III President of the Senate