Published — March 19, 2019
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
Read also: Are School Bus Operators Common Carriers?
The Child Safety in Motor Vehicles Act, otherwise known as Republic Act No. 11229, was signed by President Duterte on February 22, 2019. It was enacted to ensure child safety on the road and protect them from injuries or worst, death, should an accident happen. Section 3 (b) of R.A. No. 11229 defines a child as any person twelve (12) years old and below. With the enactment of this law, it sets a standard to prioritize child safety and protection which should be the case considering how a child of tender age behaves.
Key Points to Remember
The law requires all drivers of covered vehicles to install a child restraint system which refers to a device capable of accommodating a child occupant in sitting or supine position. It is so designed as to diminish the risk of injury to the wearer, in the event of collision or of abrupt deceleration of the vehicle, by limiting the mobility of the child’s body (Section 3 (h), R.A. No. 11229). These are car booster seats for children which should be of standard. To know that the car booster seat is of standard, it should be with a Philippine Standards (PS) mark or Import Clearance Certificate (ICC) sticker on the product and shall be appropriate to the child’s age, height and weight.
Aside from installing a child restraint system, the driver must see to it that the child is properly secured thereto 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 (Section 4). Hence,a child must at all times be seated at a child restraint system and should not be allowed to sit in the front seat of a motor vehicle, only in the rear seats, unless the child meets the aforementioned height requirement which is equivalent to four (4) feet and eleven (11) inches and is properly secured using the regular seat belt (Section 5).
However, Section 4 of the said law also provides for instances wherein the requirement of using a child restraint system could be dispensed with because it would put such child in a great danger than to protect him. To wit:
- During medical emergencies;
- When the child transported has a medical or developmental condition; or
- Other analogous circumstances prescribed under the Implementing rules and regulations (IRR).
But the golden rule is that at no instance should such child be left unaccompanied by an adult in a motor vehicle.
Penalties
Section 10 provides for penalties to wit:
“(a) Any driver in violation Sections 4 and 5 of this Act shall be fined One thousand pesos (P1,000.00) for the first offense; Two thousand pesos (P2,000.00) for the second offense; Five thousand pesos (P5,000.00) and suspension of the driver’s license for a period of one (1) year for the third and succeeding offenses”.
| First Offense | One Thousand Pesos (1,000) |
| Second Offense | Two Thousand Pesos (2,000) |
| Third Offense and succeeding offenses thereon | Five Thousand Pesos (5,000) AND suspension of the driver’s license for a period of one (1) year |
The law does not impose the penalty of imprisonment but only fine. Though it is only a fine, the amount involved is sufficient to instill to drivers that this matter should not be taken lightly.
Enforcement
The provisions of this law shall be of mandatory compliance and shall be enforced only one (1) year after the effectivity of the IRR of this Republic Act (Section 15). The Implementing Rules and Regulations of this Act is yet to be issued six (6) months after the effectivity of this Act. However, it is best that this law be complied with as early as now since it aims for the protection and safety of children.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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