IRR of RA 11229 Implementing Rules and Regulations of Republic Act No. 11229 or the "Child Safety in Motor Vehicles Act"

December 23, 2019

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 11229 OR THE "CHILD SAFETY IN MOTOR VEHICLES AC

RULE I

Preliminary Provisions

SECTION 1. Short Title and Purpose. —

These Implementing Rules and Regulations (Rules) are promulgated by the Department of Transportation (DOTr) pursuant to Section 13 of Republic Act No. 11229 or "An Act Providing for the Special Protection of Child Passengers in Motor Vehicles and Appropriating Funds Therefor," otherwise known as the "Child Safety in Motor Vehicles Act," (RA 11229) in consultation with the Department of Trade and Industry (DTI), the Department of Health (DOH), the Department of the Interior and Local Government (DILG), the Philippine National Police-Highway Patrol Group (PNP-HPG), the Metropolitan Manila Development Authority (MMDA), the Council for the Welfare of Children (CWC), and other concerned agencies and stakeholders.

SECTION 2. Policy. —

It is the policy of the State to ensure the safety of children while being transported in motor vehicles. The State recognizes the right of children to assistance, 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 accordance with the State's obligations under the United Nations Convention on the Rights of the Child and the generally accepted principles of international law, the State recognizes the right of the child to the highest attainable standard of health and guarantees the safety and welfare of children through the prevention of traffic-related deaths and injuries.

SECTION 3. Definition of Terms. —

For purposes of the implementation of RA 11229 and these Rules, the following terms are defined as follows:

(a) Adult refers to any person eighteen (18) years old and above.

(b) Child refers to any person twelve (12) years old and below.

(c) Child restraint system refers to a device 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.

(d) Covered vehicle refers to any private motor vehicle or to a public motor vehicle upon Congress' adoption of the DOTr's recommendation in accordance with Section 12 of RA 11229 and Rule II, Section 5 of these Rules.

(e) Driver refers to the individual operating a motor vehicle.

(f) Expired child restraint system refers to a child restraint system that is past the expiration date provided by the child restraint system manufacturer.

(g) Fitter refers to any person who is knowledgeable and has been duly trained in the proper use and installation of child restraint systems.

(h) Fitting station refers to any agency, office, organization or institution that engages or employs fitters duly trained in the proper use and installation of child restraint systems.

(i) Import Commodity Clearance (ICC) refers to a document issued by the DTI-Bureau of Philippine Standards (DTI-BPS) attesting that the imported product conforms to the requirements of the relevant Philippine National Standards.

(j) Law enforcement officer refers to law enforcement officers of the Land Transportation Office (LTO) or authorized officers duly deputized by the LTO to enforce the provisions of RA 11229 and these Rules.

(k) Motor vehicle refers to both private and public motor vehicles. The term shall not include the tricycle and motorcycle.

(l) Philippine Standard (PS) Safety Certification Mark refers to a mark of conformity to product safety standards, which appears on a product or product packaging.

(m) Private motor vehicle refers to any of the following:

(1) Any motor vehicle owned by individuals and juridical persons for private use;

(2) Any motor vehicle owned by the National Government or any of its agencies, instrumentalities or political subdivisions, including government-owned or -controlled corporations or their subsidiaries for official use; or

(3) Any diplomatic vehicle.

(n) Public motor vehicle refers to a public utility vehicle or vehicle for hire.

(o) Substandard child restraint system refers to a child restraint system that does not meet the product safety standards required by law as determined by the DTI-BPS.

RULE II

Coverage

SECTION 4. Covered Vehicles. —

RA 11229 and these Rules shall cover all private motor vehicles. For the avoidance of doubt, the following motor vehicles are deemed covered vehicles:

(a) Private vehicles covered by a long-term lease contract between the rental company and lessee, driven exclusively by the lessee and exempted from securing a franchise from the Land Transportation Franchising Regulatory Board (LTFRB) under LTFRB Memorandum Circular No. 2011-008; and

(b) Private vehicles rented out for a fee required to secure a franchise from the LTFRB under LTFRB Memorandum Circular No. 98-027.

The DOTr may recommend to Congress the inclusion of public motor vehicles and other vehicles used for public transport as covered vehicles for purposes of requiring the use of child restraint systems, in accordance with Section 9 of RA 11229.

SECTION 5. Child Safety in Public Utility Vehicles. —

Within one (1) year from the effectivity of RA 11229, the DOTr shall conduct a study on the feasibility of requiring the use of child restraint systems in public utility vehicles, including but not limited to jeepneys, buses, 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 the mandatory use of child restraint systems is not feasible for public utility vehicles, it shall recommend to Congress necessary legislative measures for the safe and secure transportation of children in such vehicles. Nothing in RA 11229 or these Rules shall preclude the DOTr from adopting measures within its mandate to protect and promote the safety of children.

RULE III

Prohibited Acts

SECTION 6. Mandatory Use of Child Restraint Systems in Motor Vehicles. —

(a) General Rule. — 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 when transporting such child on any road, street, or highway. The child restraint system shall be appropriate for the child's age, height, and weight, and approved in accordance with United Nations Regulation No. 44 and United Nations Regulation No. 129, including its evolving standards, and other acceptable international standards that are of an equivalent or higher degree of safety as determined by the DTI.

For purposes of RA 11229 and these Rules, a child is considered properly secured in a child restraint system if:

(1) The child restraint system is correctly installed in the vehicle through proper anchorage points;

(2) The child restraint system is appropriate for the child's age, height, and weight;

(3) The harness straps and lap belt are firmly buckled and not twisted;

(4) The shoulder strap crosses the center of the child's chest and not the child's neck; and

(5) The lap belt fits across the child's thighs and hips and not across the abdomen.

The DOTr may update or revise the foregoing indicators through appropriate regulations to ensure that a child is properly secured in a child restraint system in accordance with evolving safety standards.

(b) Exception for children of specified height. — A child at least one hundred fifty (150) centimeters or fifty-nine (59) inches (or four feet and eleven inches (4'11)) in height may be properly secured using a regular seat belt instead of a child restraint system.

(c) Exceptional circumstances. — The requirements of this Section shall not apply to circumstances where the use of the child restraint system would put a child in greater danger, such as:

(1) During medical emergencies involving the child;

(2) When the child being transported has a medical, mental, psychological, psychiatric, or developmental condition or disability that makes the use of a child restraint system hazardous or detrimental to the child's health and safety, as certified by a duly licensed physician, provided, that appropriate modified, special purpose, special needs restraints or customized child restraint systems should be used when prescribed for the highest protection of the child; or

(3) Other analogous circumstances as may be determined by the DOTr in consultation with the DOH.

SECTION 7. Leaving a Child Unattended in a Motor Vehicle. —

At no instance shall a child be left unaccompanied by an adult in a motor vehicle, notwithstanding the use of a child restraint system.

SECTION 8. Children in Rear Seats. —

(a) General Rule. — No child shall be allowed to sit in the front seat of a motor vehicle with a running engine or while such child is being transported on any road, street, or highway.

(b) Exception. — A child who is at least one hundred fifty (150) centimeters or fifty-nine (59) inches (or four feet and eleven inches (4'11)) in height and is properly secured using the regular adult seat belt may sit in the front seat, provided, that nothing in RA 11229 or these Rules shall prevent such child from being seated in the rear seat of the motor vehicle in order to afford the highest degree of protection.

SECTION 9. Prohibition on Substandard Child Restraint Systems. —

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 child restraint systems.

SECTION 10. Expiration Dates for Child Restraint Systems. —

(a) Child restraint systems with no expiration dates. — Child restraint systems that do not bear or do not have any expiration date may be used, imported, sold, distributed, leased, advertised, promoted or otherwise marketed; provided, that such devices meet the product safety standards prescribed by the DTI-BPS and are not substandard under Rule IV, Section 14 of these Rules.

(b) Child restraint systems with expiration dates. — 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 expired child restraint systems.

RULE IV

Product Safety Standards for Child Restraint Systems

SECTION 11. Setting of Product Safety Standards for Child Restraint Systems. —

The DTI shall use the standards set forth in United Nations Regulation No. 44 and United Nations Regulation No. 129, including its evolving standards, and other acceptable international standards that are of an equivalent or higher degree as determined by the DTI-BPS, in setting the standards for the approval of child restraint systems that will be manufactured, sold, distributed, and used in the Philippines. The DTI-BPS shall periodically update these standards based on current United Nations Regulations concerning child restraint systems.

Within six (6) months from the effectivity of these Rules, the DTI-BPS shall:

(a) Develop standards or adopt international standards referred to in this Section and promulgate them as Philippine National Standards for child restraint systems; and

(b) Issue a technical regulation for the product certification of child restraint systems.

SECTION 12. Approval of Child Restraint Systems. —

All manufacturers, importers, distributors, and sellers of child restraint systems, are required to secure from the DTI-BPS a PS Mark License or ICC Certificate prior to the marketing, sale, and distribution of their products. The DTI-BPS shall periodically issue a list of child restraint systems brands and models that meet the technical regulation set by the DTI-BPS, and the manufacturers, importers, and distributors of these child restraint systems. The DTI-BPS shall publish this list in a newspaper of general circulation or on the DTI website.

SECTION 13. Child Restraint Systems Acquired Prior to the Effectivity of RA 11229. —

The use of child restraint systems acquired prior to the lapse of the transitory period referred to in Rule X, Section 31 of these Rules shall be allowed. Any person who intends to use such child restraint systems shall secure a clearance from the LTO or the nearest Regional Office not later than one (1) year after the lapse of the transitory period.

The LTO shall establish the clearance process within one (1) year from the effectivity of these Rules. In issuing the clearance, the LTO shall ascertain that the child restraint system:

(i) is not expired, for child restraint systems with expiration dates; and

(ii) does not show any of the following indicators upon visual inspection:

(a) A cracked or damaged plastic shell and/or metal component/s;

(b) A frayed harness or tether strap, or broken stitching along the harness or tether strap;

(d) A quick release buckle that does not engage or disengage smoothly;

(e) One or more missing parts; or

(f) Other substantial damage visible to the eye.

SECTION 14. Substandard Child Restraint Systems. —

A child restraint system is considered substandard if it fails to meet the standards set by the DTI for the certification of child restraint systems pursuant to Rule IV, Section 11 of these Rules.

RULE V

Use and Installation of Child Restraint Systems

SECTION 15. Child Restraint System Instruction Manual. —

All manufacturers, importers, distributors, and retailers of child restraint systems shall provide an instruction manual with clear instructions for the proper use and installation of such devices.

SECTION 16. Fitting Stations. —

(a) Establishment of LTO Fitting Stations. — To effectively implement Section 8 of RA 11229 on the formulation and implementation of a training program on the installation, use, and maintenance of child restraint systems, the LTO shall establish fitting stations in all LTO Regional and District Offices within one (1) year from the effectivity of these Rules.

(b) Accreditation of Fitting Stations. — The LTO shall prescribe rules for the accreditation of fitting stations, which may include, but are not limited to, distributors and retailers of child restraint systems and motor vehicles, toll way operators, gasoline stations, civil society organizations and other entities as may be determined by the LTO.

(c) Training Program for Fitting Station Operators and Fitters. — The LTO shall develop a training program for fitting station operators and fitters, which may include, but should not be limited to, the use, inspection, and installation of child restraint systems and the installation of child restraint anchorage systems.

The LTO may collaborate with or engage training institutions, such as the Technical Education and Skills Development Authority, for the training of fitting station operators and fitters.

RULE VI

LTO Enforcement and Adjudication

SECTION 17. LTO Enforcement and Deputation. —

The LTO shall prescribe or implement rules on the deputation of law enforcement officers (LEOs) to enforce the provisions of RA 11229 and these Rules.

The LTO may deputize members of the PNP, the MMDA, the Toll Regulatory Board (TRB), the Land Transportation Franchising and Regulatory Board (LTFRB), and local government units (LGUs) to assist in enforcement, provided, that nothing in RA 11229 or these Rules shall preclude LGUs from implementing and enforcing local ordinances relating to child safety in motor vehicles.

SECTION 18. Training of Enforcers. —

The LTO shall implement a nationwide training program for LEOs to build their capacity in enforcing the provisions of RA 11229 and these Rules. The LTO may engage or collaborate with enforcement training institutions, experts, and civil society organizations for the formulation, development, and implementation of the training program.

SECTION 19. LEO Procedure for Apprehension. —

LEOs shall observe the following procedure in the apprehension of persons who violate relevant provisions of RA 11229:

(1) The LEO shall make an initial determination of the violation/s of Sections 4, 5, or 7 of RA 11229:

(a) through a visual inspection;

(b) in the course of an apprehension for the commission of another traffic violation; or

(2) If the vehicle is in transit at the time of the observed violation, the LEO shall flag down the vehicle and lead it to the roadside.

(3) The LEO shall inform the driver of the violation/s committed, and require the presentation of the driver's license. The LEO shall thereafter issue a Temporary Operator's Permit (TOP) to the driver, with the violation/s committed clearly indicated in the TOP. Each violation of RA 11229 shall constitute a separate offense.

(4) The driver's license shall be released only upon the driver's settlement of the corresponding fines and penalties.

(5) The LEO shall observe existing relevant guidelines in the enforcement of RA 11229 to ensure that child passengers are not subjected to any form of distress during apprehension.

SECTION 20. Adjudication under LTO Rules and Regulations. —

All apprehensions made for violations of the following provisions of RA 11229 shall be adjudicated in accordance with LTO rules and regulations, without prejudice to concurrent adjudication for related violations within the jurisdiction of the DTI, LGUs, or other government agencies or offices:

(a) Section 4 of RA 11229 on the mandatory use of child restraint systems;

(b) Section 5 of RA 11229 on the prohibition on children sitting in front seats;

(d) Section 10 (c) of RA 11229 on the use of child restraint systems without the PS Mark or the ICC sticker.

RULE VII

Consumer Protection

SECTION 21. Consumer Reports and Complaints. —

Consumers may file reports, complaints, or actions or avail of other appropriate remedies involving child restraint systems with the following agencies or offices:

(a) For matters related to product quality and standards of child restraint systems, consumers may contact the DTI through its Consumer Welfare Desk;

(b) For matters related to the verification of the business identity of a manufacturer, importer, distributor, or seller of child restraint systems, consumers may contact the Securities and Exchange Commission through its Public Information and Assistance Hotline; and

(c) For matters related to online transactions involving child restraint systems, consumers may contact the PNP-Anti-Cybercrime Group or the National Bureau Investigation-Anti-Cybercrime Division.

SECTION 22. Post-Market Monitoring and Surveillance. —

The DTI shall conduct post-market monitoring and surveillance pursuant to existing rules and regulations, including but not limited to, periodic provincial or regional market monitoring, enforcement, surveillance audit, in-plant spot inspection, and random sampling of products in accordance with the Mandatory Product Certification Scheme of DTI-BPS governing child restraint systems.

SECTION 23. Adjudication under DTI Rules and Regulations. —

Violations of the following provisions of RA 11229 shall be adjudicated in accordance with existing DTI rules and regulations:

(a) Section 6 of RA 11229 on the requirement to secure a PS Mark or ICC License prior to marketing, sale, and distribution of child restraint systems;

(b) Section 7 of RA 11229 on the manufacture, importation, sale, distribution, donation, lease, advertisement, promotion, or marketing of substandard or expired child restraint systems; and

Subject to the application of RA 11229 and these Rules, the DTI shall handle complaints and adjudicate cases involving child restraint systems and violations of other existing laws and regulations relevant to consumer protection and safety, including those pertaining to defective products, warranties, misleading advertisements, fraudulent sales promotions, deceptive sales practices, product quality and safety, and other similar complaints and cases.

SECTION 24. Operation of Existing Laws Relevant to Consumer Protection and Safety. —

For the avoidance of doubt, the enforcement of RA 11229 and these Rules shall not preclude the operation of existing laws, rules, and regulations relevant to consumer protection and safety, including but not limited to, Republic Act No. 7394 or the "Consumer Act of the Philippines," Republic Act No. 4109, Republic Act No. 8792 or the "Electronic Commerce Act of 2000," and Republic Act No. 10175 or the "Cybercrime Prevention Act of 2012" without prejudice to the application of penalties under RA 11229 for acts punishable thereunder.

RULE VIII

Penalties

SECTION 25. Penalties. —

The following penalties shall be imposed for the violation of RA 11229 and these Rules, without prejudice to other penalties that may be imposed under applicable laws, rules and regulations:

(a) Any driver in violation of Sections 4 and 5 of RA 11229 shall be fined One thousand pesos (P1,000.00) for the first offense; Two thousand pesos (P2,000.00) for the second offense; and 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.

(b) Any manufacturer, distributor, importer, retailer, and seller who violates Sections 6 and 7 of RA 11229 shall be punished with a fine of not less than Fifty thousand pesos (P50,000.00) but not more than One hundred thousand pesos (P100,000.00) for each and every child restraint system product manufactured, distributed, imported and/or sold, without prejudice to other penalties imposed under the Consumer Act of the Philippines, including but not limited to Article 50 thereof on deceptive sales acts or practices.

(c) Any driver who allows the use of substandard and/or expired child restraint system or permits the use of child restraint system that does not bear the PS Mark or the ICC sticker or LTO clearance referred to in Section 13 herein, shall be fined One thousand pesos (P1,000.00) for the first offense; Three thousand pesos (P3,000.00) for the second offense; and Five thousand pesos (P5,000.00) and the suspension of the driver's license for a period of one (1) year for the third and succeeding offenses.

(d) Tampering, alteration, forgery and imitation of the PS Mark or the ICC stickers in the child restraint system shall be punished with a fine of not less than Fifty thousand pesos (P50,000.00) but not more than One hundred thousand pesos (P100,000.00), for each and every child restraint system product, without prejudice to other penalties imposed in Republic Act No. 7394 or the "Consumer Act of the Philippines."

SECTION 26. Increase or Adjustment of Fines. —

The DOTr shall review the fines prescribed in the preceding Section once every five (5) years from the effectivity of RA 11229, for purposes of increasing or adjusting the amounts of the fines, after publication, by an amount not exceeding ten per centum (10%) of such rates.

RULE IX

Promoting Use and Awareness of, Information and Education on, and Accessibility and Affordability of Child Restraint Systems

SECTION 27. Nationwide Public Information Campaign. —

The DOTr, the Philippine Information Agency (PIA), the DOH, the Department of Education (DepEd), and private agencies and organization shall undertake an effective and regular nationwide information, education and communication (IEC) campaign.

The DOTr shall oversee the development and implementation of the IEC campaign, which shall include, but shall not be limited to, information on the following:

(a) appropriate types of child restraint systems;

(b) proper installation, use, and maintenance of child restraint systems;

(d) the objective of protecting and promoting of the safety of children in motor vehicles through the use of child restraint systems and related road safety measures.

SECTION 28. Accessibility and Affordability of Child Restraint Systems. —

In line with the policy of the State to provide the public with access to safe, appropriate, quality, and affordable child restraint systems, the DOTr shall, in consultation with the DTI, develop or support measures to promote the accessibility and affordability of child restraint systems in order to assist families and individuals in complying with RA 11229 and these Rules.

SECTION 29. Review of Implementation. —

The DOTr shall conduct and submit to Congress a periodic review of the implementation of RA 11229 at the end of the third year from the date of its effectivity and every year thereafter, which may include recommendations on legislative measures to further protect and promote child safety in motor vehicles.

SECTION 30. Civil Society and Private Sector Participation. —

The DOTr shall encourage and engage civil society, as well as the private sector, with due regard for protection from and the management of conflict of interest, to extend full support and cooperation for the implementation of RA 11229 and these Rules.

RULE X

Transitory Period

SECTION 31. Transitory Clause. —

Mandatory compliance with RA 11229 shall be enforced only one (1) year after the effectivity of these Rules. Section 5 of Republic Act No. 8750 or the Seat Belts Use Act (RA 8750) shall remain in force until the enforcement of RA 11229 commences as provided in this Section.

RULE XI

Appropriations

SECTION 32. Appropriations. —

The initial amount necessary for the implementation of RA 11229 shall be charged against the current appropriation of the DOTr. Such amount as may be necessary for the continued implementation of RA 11229 shall be included in the annual General Appropriations Act.

SECTION 33. Funding from Fines and Fees under RA 8750 and RA 11229. —

Fines and fees collected from the implementation of RA 8750 may be used to augment the initial funding requirement of RA 11229 and these Rules. The fines and fees that may be collected in the enforcement of RA 11229 and these Rules shall be used exclusively for their implementation.

RULE XII

Final Provisions

SECTION 34. Separability Clause. —

If any provision or part of RA 11229 or these Rules is held invalid or unconstitutional, the remainder of the law or regulation not otherwise affected shall remain valid and subsisting.

SECTION 35. Repealing Clause. —

RA 11229 amends Section 5 of RA 8750 on the age of children prohibited to sit in the front seat, and Section 11 thereof on the use of special car seats. All other laws, decrees, executive orders, rules and regulations, issuances or parts thereof that are inconsistent with RA 11229 and these Rules are repealed or amended accordingly.

SECTION 36. Effectivity. —

These Rules shall take effect fifteen (15) days after publication in the Official Gazette or in two (2) national newspapers of general circulation.

Approved this 23rd day of December, 2019.

Recommending approval:

(SGD.) EDGAR C. GALVANTEAssistant Secretary

Approved by:

(SGD.) ARTHUR P. TUGADESecretary

Published in the Manila Bulletin on January 17, 2020.