Child Car Seat Law (RA 11229): Ages, Height and Fines

Section 4 of RA 11229 makes it unlawful for the driver of a covered vehicle not to properly secure a child "at all times" in a child restraint system:

• while the engine is running; or
• while transporting the child on any road, street or highway.

The car seat must fit the child's age, height and weight, and it must be approved under the standards in Section 6 (see below).

The height exception. A child who is at least 150 centimeters (59 inches) tall may use the regular seat belt instead, as long as he or she is properly secured with it.

Never alone in the car. The last paragraph of Section 4 adds a separate rule. Even when the child is in a car seat, "at no instance" may the child be left in a motor vehicle without an adult. RA 11229 defines an adult as a person 18 years old and above.

Section 3 defines a child as "any person twelve (12) years old and below". Age and height work together:

• 12 or below and shorter than 150 cm: car seat required.
• 12 or below and at least 150 cm: regular seat belt allowed.
• 13 and above: RA 11229 does not apply.

This is not the same "child" as in the motorcycle law. RA 10666 on children on motorcycles covers persons below 18 under its rules.

Section 5 says no child 12 years and below may sit in the front seat of a motor vehicle with a running engine, or while being transported on any road, unless the child:

1. meets the 150 cm height requirement; and
2. is properly secured with the regular seat belt in the front seat.

So an 11-year-old who is already 150 cm tall and wears the seat belt may sit in front. A shorter 11-year-old must ride in the back, in a car seat.

RA 11229 also amended the parts of the seat belt law, RA 8750, on the age of children barred from the front seat and on special car seats (Section 17).

• Private vehicles: yes. This includes cars of individuals and companies, government vehicles and diplomatic vehicles (Section 3(e)).
• Public utility vehicles: only upon a DOTr determination. A "covered vehicle" includes a public motor vehicle only "upon the determination" of the Department of Transportation (Section 3(c)). Section 9 orders the DOTr to study car seats in jeepneys, buses, school buses, taxis, vans and ride-hailing vehicles and to recommend measures to Congress. This page does not say that any such determination has been made.
• Motorcycles and tricycles: no. Section 3(d) says the term motor vehicle "shall not include the tricycle and motorcycle".

Section 4 says the car seat rule does not apply where the car seat would put the child in greater danger, such as:

1. during medical emergencies; and
2. other similar cases listed in the implementing rules (IRR).

The IRR of RA 11229 was not found on the Supreme Court E-Library, so this page does not list those other cases.

Section 6 sets the standards:

• The DTI approves car seats using United Nations Regulation 44 and Regulation 129 and other accepted international standards.
• Manufacturers, importers, distributors and sellers need a Philippine Standards (PS) mark license or an Import Clearance Certificate (ICC) license from the Bureau of Product Standards before selling.
• A car seat bought before the law took effect may still be used, as long as it is not expired.

Section 7 bans making, using, selling, donating or leasing substandard or expired car seats.

Section 10 of RA 11229 sets these fines:

Manufacturers, distributors, importers and sellers who violate Sections 6 and 7 are fined ₱50,000 to ₱100,000 for each car seat product. Tampering with or faking the PS mark or ICC sticker carries the same range.

The DOTr may raise the fines once every five years, by not more than 10% of the existing rates, after publication.

Section 15 says mandatory compliance "shall be enforced only one (1) year after the effectivity of the IRR". The IRR and any official notice on when enforcement began were not found on the Supreme Court E-Library, so this page does not give a start date. For LTO services, see the LTO guides.

These are made-up examples to show how the rules work. They are not advice for any real case.

Carla. Carla drives her 6-year-old son, who is 115 cm tall, in the family SUV. He must ride in an approved car seat, and not in front. If she is caught with him in the back seat wearing only the regular seat belt, the driver's fine for a first offense is ₱1,000 (Section 10(a)).

Jomar. Jomar's daughter is 11 but already 152 cm tall. She may use the regular seat belt, and because she meets the height rule and is belted, she may sit in front.

Ella. Ella parks at a mall and leaves her sleeping 3-year-old in the car seat for what she thinks will be just two minutes. Section 4 says a child must never be left without an adult in a motor vehicle, even in a car seat.

Ramon. Ramon rides a jeepney with his toddler on his lap. A public utility vehicle is covered only upon a DOTr determination, and this page does not say that one has been made, so it does not say that the jeepney driver must provide a car seat.

A car seat ticket can be paid or contested with the agency that issued it. Get legal advice if your license was suspended, if a child was hurt in an accident, or if you are a seller or importer facing the ₱50,000 to ₱100,000 fines.

If you cannot afford a lawyer, see Free legal help in the Philippines.