Regulations for transporting children
"I was on the road with my father the other day when I noticed that the moving car beside ours has a child riding on the back without a car seat. Is this still allowed? I read in the newspaper some time ago that we already have a law requiring car seats for child passengers. Also, can children ride on the front passenger seat of the car?
FloraDear Flora,
Republic Act (RA) 11229, otherwise known as the “Child Safety in Motor Vehicles Act,” provides for safety measures for transporting children aged twelve and below on motor vehicles. One of the salient provisions of this law relate to the requirement of having a child restraint system, which is “a device x x x capable of accommodating a child occupant in a sitting or supine position. It is so designed as to diminish the risk of injury to the wearer, in the event of a collision or of abrupt deceleration of the vehicle, by limiting the mobility of the child’s body.” (Section 3 (h), RA 11229) To be specific, Section 4 of the law states that:“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 150 centimeters or 59 inches in height and is properly secured using the regular seat belt. The child restraint system shall be appropriate to the child’s 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:“(1) During medical emergencies:
“(2) When the child transported has a medical or developmental condition or“(3) Other analogous circumstances prescribed under the implementing rules and regulations (IRR).“Notwithstanding the child being secured in a child restraint system, at no instance shall such child be left unaccompanied by an adult in a motor vehicle.”Applying the foregoing, it appears that the requirement of having a child restraint system, such as an appropriate car seat, is necessary if the child passenger, aged 12 and below, is below 150 centimeters or 59 inches in height. If the child is at least 150 cm. or 59 in. in height, he or she may ride or be transported without a restraint system but properly secured using the regular seat belt. Further, a child restraint system is not mandated during medical emergencies, if the child transported has a medical or developmental condition, or under such other analogous circumstances. (Ibid.)
Another salient provision of RA 11229 is the limitation of having children sit on the back-passenger seats. Section 5 of the said law provides:“No child 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.”Those who fail to comply with the law may be fined P1,000 for the first offense, P2,000 for the second offense, and P5,000 and suspension of the driver’s license for a period of one year for the third and succeeding offenses. (Section 10, Id.)We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to " - https://www.affordablecebu.com/
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"Regulations for transporting children" was written by Mary under the Legal Advice category. It has been read 461 times and generated 0 comments. The article was created on 15 September 2021 and updated on 15 September 2021.
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