1 IMPLEMENTING RULES AND REGULATIONS

2 OF REPUBLIC ACT NO. 11229 OR

3 THE “CHILD SAFETY IN MOTOR VEHICLES ACT”
4
5 RULE I. PRELIMINARY PROVISIONS
6
7 Section 1. Short Title and Purpose
8
9 These Implementing Rules and Regulations (these “Rules”) are promulgated by the
10 Department of Transportation (DOTr) pursuant to Section 13 of Republic Act No.
11 11229 or “An Act Providing for the Special Protection of Child Passengers in Motor
12 Vehicles and Appropriating Funds Therefor,” otherwise known as the “Child Safety
13 in Motor Vehicles Act,” (RA 11229) in consultation with the Department of Trade
14 and Industry (DTI), the Department of Health (DOH), the Department of the Interior
15 and Local Government (DILG), the Philippine National Police-Highway Patrol
16 Group (PNP-HPG), the Metropolitan Manila Development Authority (MMDA), the
17 Council for the Welfare of Children (CWC), and other concerned agencies and
18 stakeholders.
19
20 Section 2. Policy
21
22 It is the policy of the State to ensure the safety of children while being transported
23 in motor vehicles. The State recognizes the right of children to assistance, including
24 proper care, and special protection from all forms of neglect, abuse and other
25 conditions prejudicial to their development, including exposure to safety risks while
26 aboard motor vehicles. In accordance with the State’s obligations under the United
27 Nations Convention on the Rights of the Child and the generally accepted principles
28 of international law, the State recognizes the right of the child to the highest
29 attainable standard of health and guarantees the safety and welfare of children
30 through the prevention of traffic-related deaths and injuries.
31
32 Section 3. Definition of Terms
33
34 For purposes of the implementation of RA 11229 and these Rules, the following
35 terms are defined as follows:
36
37 (a) Adult refers to any person eighteen (18) years old and above.
38 (b) Child refers to any person twelve (12) years old and below.
39 (c) Child restraint system refers to a device capable of accommodating a child
40 occupant in a sitting or supine position. It is so designed as to diminish the
41 risk of injury to the wearer, in the event of a collision or of abrupt
42 deceleration of the vehicle, by limiting the mobility of the child’s body.
43 (d) Covered vehicle refers to any private motor vehicle or to a public motor
44 vehicle upon the determination of the DOTr in accordance with Section
45 12 of RA 11229 and Rule II, Section 5 of these Rules.
46 (e) Driver refers to the individual operating a motor vehicle.
47 (f) Expired child restraint system refers to a child restraint system that is past the
48 expiration date provided by the child restraint system manufacturer,
49 importer, distributor, or seller.
50 (g) Fitter refers to any person who is knowledgeable and has been duly trained
51 in the proper use and installation of child restraint systems.
52 (h) Fitting station refers to any agency, office, organization or institution that

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 53 engages or employs fitters duly trained in the proper use and installation of
54 child restraint systems.
55 (i) Import Commodity Clearance (ICC) refers to a document issued by the DTI
56 Bureau of Philippine Standards (BPS) attesting that the imported product
57 conforms to the requirements of the relevant Philippine National
58 Standards.
59 (j) Law enforcement officer refers to law enforcement officers of the Land
60 Transportation Office (LTO) or authorized officers duly deputized by the
61 LTO to enforce the provisions of RA 11229 and these Rules.
62 (k) Motor vehicle refers to both private and public motor vehicles. The term
63 shall not include the tricycle and motorcycle.
64 (l) Philippine Standard (PS) Quality and Safety Certification Mark refers to a mark
65 of conformity to product quality and safety standards, which appears on a
66 product or product packaging.
67 (m) Private motor vehicle refers to any of the following:
68 (1) Any motor vehicle owned by individuals and juridical persons for
69 private use;
70 (2) Any motor vehicle owned by the National Government or any of its
71 agencies, instrumentalities or political subdivisions, including
72 government-owned or controlled corporations or their subsidiaries
73 for official use; and
74 (3) Any diplomatic vehicle.
75 (n) Public motor vehicle refers to a public utility vehicle or vehicle for hire.
76 (o) Substandard child restraint system refers to a child restraint system that
77 does not meet the product quality and safety standards required by law
78 as determined by the DTI-BPS in accordance with RA 11229 and Rule IV,
79 Section 10 of these Rules.
80
81 RULE II. COVERAGE
82
83 Section 4. Covered Vehicles
84
85 RA 11229 and these Rules shall cover all private motor vehicles. For the avoidance
86 of doubt, the following motor vehicles are deemed covered vehicles:
87
88 (a) Private vehicles covered by a long-term lease contract between the rental
89 company and lessee, driven exclusively by the lessee and exempted from
90 securing a franchise from the Land Transportation and Franchising
91 Regulatory Board (LTFRB) under LTFRB Memorandum Circular No. 2011-
92 008; and
93
94 (b) Private vehicles rented out for a fee required to secure a franchise from the
95 LTFRB under LTFRB Memorandum Circular No. 98-027.
96
97 Public motor vehicles may also be covered upon the determination of the DOTr in
98 accordance with Section 9 of RA 11229.
99
100 Section 5. Child Safety in Public Utility Vehicles
101
102 Within one (1) year from the effectivity of RA 11229, the DOTr shall conduct a
103 study on the feasibility of requiring the use of child restraint systems in public
104 utility vehicles, including but not limited to jeepneys, buses, school buses, taxis,

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105 vans, coasters, accredited/affiliated service vehicles of transportation network
106 companies, and all other motor vehicles used for public transport.
107
108 Should the DOTr determine, after study, that the mandatory use of child restraint
109 systems is not feasible for public utility vehicles, it shall recommend to Congress
110 necessary legislative measures for the safe and secure transportation of children in
111 such vehicles. Nothing in RA 11229 or these Rules shall preclude the DOTr from
112 adopting measures within its mandate to protect and promote the safety of
113 children.
114
115 RULE III. PROHIBITED ACTS
116
117 Section 6. Mandatory Use of Child Restraint Systems in Motor Vehicles
118
119 (a) General Rule. - It shall be unlawful for the driver of a covered vehicle not
120 to properly secure at all times a child in a child restraint system while the
121 engine is running or when transporting such child on any road, street or
122 highway. The child restraint system shall be appropriate for the child’s age,
123 height and weight, and approved in accordance with United Nations
124 Regulation No. 44 and United Nations Regulation No. 129, including its
125 evolving standards, and other acceptable international standards that are
126 of an equivalent or higher degree of quality and safety as determined by
127 the DTI;
128
129 For purposes of RA 11229 and these Rules, a child is considered properly
130 secured in a child restraint system if:
131
132 (1) The child restraint system is correctly installed in the vehicle through
133 proper anchorage points;
134 (2) The child restraint system is appropriate for the child’s age, height, and
135 weight; and
136 (3) The harness straps and lap belt are firmly buckled and not twisted.
137
138 (b) Exception for children of specified height. - A child at least one hundred
139 fifty (150) centimeters or fifty-nine (59) inches in height may be properly
140 secured using a regular seat belt instead of a child restraint system.
141
142 (c) Exceptional circumstances. – The requirements of this Section shall not
143 apply to circumstances where the use of the child restraint system would
144 put a child in greater danger, such as:
145
146 (1) During medical emergencies involving the child;
147 (2) When the child being transported has a medical, mental, psychological,
148 psychiatric, or developmental condition or disability that makes the use
149 of child restraint system hazardous or detrimental to the child’s health
150 and safety, as certified by a duly licensed physician, provided that
151 appropriate modified, special purpose, or customized child restraint
152 systems should be used when prescribed for the highest protection of
153 the child; or
154 (3) Other analogous circumstances as may be determined by the DOTr in
155 consultation with the DOH.
156

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157 Section 7. Leaving a Child Unattended in a Motor Vehicle
158
159 At no instance shall a child be left unaccompanied by an adult in a motor vehicle,
160 notwithstanding the use of a child restraint system.
161
162 Section 8. Children in Rear Seats
163
164 (a) General Rule. - No child shall be allowed to sit in the front seat of a motor
165 vehicle with a running engine or while such child is being transported on
166 any road, street, or highway.
167
168 (b) Exception. - A child who is at least one hundred fifty (150) centimeters or
169 fifty-nine (59) inches in height and is properly secured using the regular
170 adult seat belt may sit in the front seat, provided, that nothing in RA 11229 or
171 these Rules shall prevent such child from being seated in the rear seat of the
172 motor vehicle in order to afford the highest degree of protection.
173
174 Section 9. Substandard and Expired Child Restraint Systems
175
176 It shall be unlawful for any person, company, partnership, sole proprietorship,
177 manufacturer, distributor, and/or importer to manufacture, use, import, sell,
178 distribute, donate, lease, advertise, promote, or otherwise market the use of
179 substandard or expired child restraint systems.
180
181 RULE IV. PRODUCT QUALITY AND SAFETY STANDARDS FOR CHILD
182 RESTRAINT SYSTEMS
183
184 Section 10. Setting of Product Quality and Safety Standards for Child Restraint
185 Systems
186
187 The DTI shall use the standards set forth in United Nations Regulation No. 44 and
188 United Regulation No.129, including its evolving standards, and other acceptable
189 international standards that are of an equivalent or higher degree as determined
190 by the DTI–BPS, in setting the standards for the approval of child restraint systems
191 that will be manufactured, sold, distributed and used in the Philippines. The DTI-
192 BPS shall periodically update these standards based on current United Nations
193 Regulations concerning child restraint systems.
194
195 Within six (6) months from the effectivity of these Rules, the DTI-BPS shall:
196
197 (a) Develop standards or adopt international standards referred to in this
198 Section and promulgate them as Philippine National Standards for child
199 restraint systems; and
200 (b) Issue a technical regulation for the product certification of child restraint
201 systems.
202
203 Section 11. Approval of Child Restraint Systems
204
205 All manufacturers, importers, distributors, and sellers of child restraint systems
206 are required to secure from the DTI- BPS a PS Mark License or ICC Certificate prior
207 to the marketing, sale, and distribution of their products. The DTI-BPS shall
208 periodically issue a list of child restraint systems brands and models that meet the

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209 technical regulation set by the DTI-BPS, and the manufacturers, importers, and
210 distributors of these child restraint systems. The DTI-BPS shall publish this list in
211 a newspaper of general circulation or on the DTI website.
212
213 Section 12. Child Restraint Systems Acquired Prior to the Effectivity of RA
214 11229
215
216 The use of child restraint systems acquired prior to the lapse of the transitory
217 period referred to in Rule IX, Section 28 of these Rules shall be allowed. Any
218 person who intends to use such child restraint systems shall secure a clearance
219 from the LTO or the nearest Regional Office not later than one (1) year after the
220 lapse of the transitory period.
221
222 The LTO shall establish the clearance process within one (1) year from the
223 effectivity of these Rules. In issuing the clearance, the LTO shall ascertain that the
224 child restraint system bears a product label indicating compliance with the
225 product quality and safety standards prescribed by the DTI-BPS, and is not
226 expired or substandard as provided in Rule IV, Section 13 of these Rules.
227
228 Section 13. Substandard Child Restraint Systems
229
230 A child restraint system is considered substandard if it:
231
232 (a) fails to meet the standards set forth under Rule IV, Section 10 of these Rules;
233 (b) does not bear an authentic PS Certification or ICC Mark or is not the subject
234 of the LTO clearance referred to in Section 12;
235 (c) is covered by a product quality and safety recall, or
236 (d) shows one or more of the following indicators upon visual inspection:
237 (1) A cracked or damaged plastic shell and/or metal component/s;
238 (2) A frayed harness or tether strap, or broken stitching along the harness
239 or tether strap;
240 (3) A twisted, torn, or abraded webbing strap;
241 (4) A quick release buckle that does not engage or disengage smoothly;
242 (5) One or more missing parts; or
243 (6) Other substantial damage visible to the eye.
244
245 Section 14. Child Restraint Systems with No Expiration Date
246
247 Child restraint systems that do not bear or have any expiration date may be used,
248 imported, sold, distributed, leased, advertised, promoted or otherwise marketed;
249 provided, that such devices meet the product quality and safety standards
250 prescribed by the DTI-BPS and are not substandard under Rule IV, Section 13 of
251 these Rules.
252
253 RULE V. USE AND INSTALLATION OF CHILD RESTRAINT SYSTEMS
254
255 Section 15. Child Restraint System Instruction Manual
256
257 All manufacturers, importers, distributors, and retailers of child restraint systems
258 shall provide an instruction manual with clear instructions for the proper use and
259 installation of such devices.
260

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261 Section 16. Fitting Stations
262
263 (a) Establishment of LTO Fitting Stations. –To effectively implement Section
264 8 of RA 11229 on the formulation and implementation of a training program
265 on the installation, use, and maintenance of child restraint systems, the LTO
266 shall establish fitting stations in all LTO Regional and District Offices within
267 one (1) year from the effectivity of these Rules.
268
269 (b) Accreditation of Fitting Stations. - The LTO shall prescribe rules for the
270 accreditation of fitting stations, which may include, but are not limited to,
271 distributors and retailers of child restraint systems and motor vehicles, toll
272 way operators, gasoline stations, civil society organizations, and other
273 entities as may be determined by the LTO.
274
275 (c) Training Program for Fitting Station Operators and Fitters. – The LTO
276 shall develop a training program for fitting station operators and fitters,
277 which may include, but should not be limited to, the use, inspection and
278 installation of child restraint systems and the installation of child restraint
279 anchorage systems.
280
281 The LTO may collaborate with or engage training institutions, such as the
282 Technical Education and Skills Development Authority, for the training of
283 fitting station operators and fitters.
284
285 RULE VI. ENFORCEMENT AND ADJUDICATION
286
287 Section 17. Enforcement and Deputation
288
289 The LTO shall [prescribe or implement] rules on the deputation of law
290 enforcement officers (LEOs) to enforce the provisions of RA 11229 and these Rules.
291 The LTO may deputize members of the PNP, the MMDA, the Toll Regulatory
292 Board (TRB), the Land Transportation Franchising and Regulatory Board
293 (LTFRB), and local government units (LGUs) to assist in enforcement, provided,
294 that nothing in RA 11229 or these Rules shall preclude LGUs from implementing
295 and enforcing local ordinances relating to child safety in motor vehicles.
296
297 Section 18. Training of Enforcers
298
299 The LTO shall implement a nationwide training program for LEOs to build their
300 capacity in enforcing the provisions of RA 11229 and these Rules. The LTO may
301 engage or collaborate with enforcement training institutions, experts, and civil
302 society organizations for the formulation, development, and implementation of
303 the training program.
304
305 Section 19. Procedure for Apprehension
306
307 LEOs shall observe the following procedure in the apprehension of persons who
308 violate the provisions of RA 11229:
309
310 (1) The LEO shall make an initial determination of the violation/s of Sections
311 4, 5 or 7 of RA 11229:
312

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313 (a) through a visual inspection;
314 (b) in the course of an apprehension for the commission of another traffic
315 violation; or
316 (c) in the course of an investigation of a road crash or collision.
317
318 (2) If the vehicle is in transit at the time of the observed violation, the LEO shall
319 flag down the vehicle and lead it to the roadside.
320
321 (3) The LEO shall inform the driver of the violation/s committed, and require
322 the presentation of the driver’s license. The LEO shall thereafter issue a
323 Temporary Operator’s Permit (TOP) to the driver, with the violation/s
324 committed clearly indicated in the TOP. Each violation of RA 11229 shall
325 constitute a separate offense.
326
327 (4) The driver’s license shall be released only upon the driver’s settlement of
328 the corresponding fines.
329
330 (5) The LEO shall observe existing relevant guidelines in the enforcement of
331 RA 11229 to ensure that child passengers are not subjected to any form of
332 distress during apprehension.
333
334 Section 20. Post-market monitoring and surveillance
335
336 The DTI - Fair Trade Enforcement Bureau (FTEB), in coordination with the PNP,
337 shall conduct post-market monitoring, surveillance, and other activities to enforce
338 the provisions of RA 11229 relevant to Sections 13 (a), (b), and (c) of these Rules
339 on substandard child restraint systems and expired child restraint systems and
340 acts relating to tampering, alteration, forgery and imitation of PS Mark and ICC
341 stickers on child restraint systems.
342
343 Section 21. Adjudication
344
345 All apprehensions made pursuant to RA 11229 and these Rules shall be
346 adjudicated in accordance with LTO rules and regulations.
347
348 RULE VII. PENALTIES
349
350 Section 22. Penalties
351
352 The following penalties shall be imposed for the violation of RA 11229 and these
353 Rules, without prejudice to other penalties that may be imposed under applicable
354 laws, rules and regulations:
355
356 (a) Any driver in violation of Sections 4 and 5 of RA 11229 shall be fined One
357 thousand pesos (Pl,000.00) for the first offense; Two thousand pesos
358 (P2,000.00) for the second offense; and Five thousand pesos (P5,000.00) and
359 suspension of the driver’s license for a period of one (1) year for the third and
360 succeeding offenses.
361
362 (b) Any manufacturer, distributor, importer, retailer, and seller who violates
363 Sections 6 and 7 of RA 11229 shall be punished with a fine of not less than
364 Fifty thousand pesos (P50,000.00) but not more than One hundred thousand

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365 pesos (P100,000.00) for each and every child restraint system product
366 manufactured, distributed, imported and/or sold, without prejudice to other
367 penalties imposed under Republic Act No. 7394 or the “Consumer Act of the
368 Philippines.”
369
370 (c) Any driver who allows the use of substandard and/or expired child restraint
371 system or permits the use of child restraint system that does not bear the PS
372 Mark or the ICC sticker and certificate, shall be fined One thousand pesos
373 (P1,000.00) for the first offense; Three thousand pesos (P3,000.00) for the
374 second offense; and Five thousand pesos (P5,000.00) and the suspension of the
375 driver’s license for a period of one (1) year for the third and succeeding
376 offenses.
377
378 (d) Tampering, alteration, forgery and imitation of the PS Mark or the ICC
379 stickers in the child restraint system shall be punished with a fine of not less
380 than Fifty thousand pesos(P50.000.00) but not more than One hundred
381 thousand pesos (PI00,000.00), for each and every child restraint system
382 product, without prejudice to other penalties imposed in Republic Act No.
383 7394 or the “Consumer Act of the Philippines.”
384
385 Section 23. Increase or Adjustment of Fines
386
387 The DOTr shall review the fines prescribed in the preceding Section once every
388 five (5) years from the effectivity of RA 11229, for purposes of increasing or
389 adjusting the amounts of the fines, after publication, by an amount not exceeding
390 ten per centum (10%) of such rates.
391
392 RULE VIII. PROMOTING USE AND AWARENESS OF, INFORMATION
393 AND EDUCATION ON, AND ACCESSIBILITY AND AFFORDABILITY OF
394 CHILD RESTRAINT SYSTEMS
395
396 Section 24. Nationwide Public Information Campaign
397
398 The DOTr, the Philippine Information Agency (PIA), the DOH, the Department
399 of Education (DepEd), and private agencies and organizations, shall develop and
400 implement a continuing nationwide information, education and communication
401 (IEC) campaign. The IEC campaign shall include information on the appropriate
402 types, proper installation, use, and maintenance, of child restraint systems.
403
404 Section 25. Accessibility and Affordability of Child Restraint Systems
405
406 In line with the policy of the State to provide access to safe, appropriate, quality
407 and affordable child restraint systems, the DOTr shall, in consultation with the
408 DTI, develop or support measures to promote the accessibility and affordability of
409 child restraint systems in order to assist families and individuals in complying
410 with RA 11229 and these Rules.
411
412 Section 26. Review of Implementation
413
414 The DOTr shall conduct and submit to Congress a periodic review of the
415 implementation of RA 11229 at the end of the third year from the date of its
416 effectivity and every year thereafter, which may include recommendations on

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417 legislative measures to further protect and promote child safety in motor vehicles.
418
419 Section 27. Civil Society and Private Sector Participation
420
421 The DOTr shall encourage and engage civil society, as well as the private sector,
422 with due regard for protection against and the management of conflict of interest,
423 to extend full support and cooperation for the implementation of RA 11229 and
424 these Rules.
425
426 RULE IX. TRANSITORY PERIOD
427
428 Section 28. Transitory Clause. – Mandatory compliance with RA 11229 shall be
429 enforced only one (1) year after the effectivity of these Rules. Section 5 of Republic
430 Act No. 8750 or the Seat Belts Use Act (RA 8750) shall remain in force until the
431 enforcement of RA 11229 commences as provided in this Section.
432
433 RULE X. APPROPRIATIONS
434
435 Section 29. Appropriations. - The initial amount necessary for the implementation
436 of RA 11229 shall be charged against the current appropriation of the DOTr. Such
437 amount as may be necessary for the continued implementation of RA 11229 shall
438 be included in the annual General Appropriations Act.
439
440 Section 30. Funding from Fines and Fees under RA 8750 and RA 11229. - Fines and
441 fees collected from the implementation of RA 8750 may be used to augment the
442 initial funding requirement of RA 11229 and these Rules. The fines and fees that
443 may be collected in the enforcement of RA 11229 and these Rules shall be used
444 exclusively for its implementation.
445
446 RULE XI. FINAL PROVISIONS
447
448 Section 31. Separability Clause. - If any provision or part of RA 11229 or these Rules
449 is held invalid or unconstitutional, the remainder of the law or regulation not
450 otherwise affected shall remain valid and subsisting.
451
452 Section 32. Repealing Clause. – RA 11229 amends Section 5 of RA 8750 on the age
453 of children prohibited to sit in the front seat, and Section 11 thereof on the use of
454 special car seats. All other laws, decrees, executive orders, rules and regulations,
455 issuances or parts thereof that are inconsistent with RA 11229 and these Rules are
456 repealed or amended accordingly.
457
458 Section 33. Effectivity. – These Rules shall take effect fifteen (15) days after
459 publication in the Official Gazette or in two (2) national newspapers of general
460 circulation.
461
462 Approved this ______ day of _______ 2019.
463
464