The House of Representatives, through viva voce voting, approved Tuesday night a bill seeking to provide special protection of child passengers in motor vehicles.
House Bill 6938, or the proposed “Child Safety in Motor Vehicles Act,” declares it is the policy of the State to ensure the safety of children while being transported in any form of motor vehicle.
In filing the bill, Nueva Ecija Rep. Estrellita Suansing, one of the bill’s authors, acknowledged that the State recognizes the right of children to assistance, including 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, the bill states.
To guarantee the safety and welfare of infants and children and prevent traffic-related deaths and injuries, the bill provides there is a need to adequately, consistently and objectively require, regulate and promote, and inform the public on the use of child restraint systems in motor vehicles and provide access to safe, appropriate, quality and affordable child restraint system, in accordance with international standards by accepted by the United Nations.
The bill mandates the use of child restraint system in privately-owned motor vehicles. It shall be unlawful for the driver of a privately-owned motor vehicle not to secure at all times a child while being transported on any road, street or highway. The child restraint system shall be appropriate to the child’s size, height and weight.
The bill said such requirements shall not apply to circumstances where the child restraint system would put such child in greater danger such as: 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).
The bill refers to a child restraint system as “a device capable of accommodating a child occupant in a sitting or supine position. It is so designed to diminish the risk of injury to the weather, in the event of a collision or an abrupt deceleration of the vehicle by limiting the mobility of the child’s body.”
Under the bill, if the child is at least 150 centimeters or 59 inches in height or based on the standards on the height or size of the child as set forth in United Nations Regulation 44 and Regulation 129, including their evolving standards, the child may use the regular seat belt instead of a child restraint system.
The bill provides that no child below 12 years old shall be allowed to sit in a front seat of a motor vehicle, unless the child is at least 150 centimeters or 59 inches in height and capable to properly fit in the regular seat belt in the front seat.
The bill mandates the Department of Trade and Industry (DTI) to use as benchmark the standards set forth in UN Regulation 44 and Regulation 129, including their evolving standards, in the approval and disapproval of child restraint systems that will be sold, distributed and used in the Philippines.
The DTI shall also conduct mandatory testing of all locally manufactured child restraints system and certify to the safety and appropriateness of imported child restraint systems. All manufacturers, importers, distributors and seller of child restraint systems are required to secure from the Bureau of Product Standards (BPS) a Philippine Standards (PS) mark license and/or Import Clearance Certificate (ICC) license prior to the marketing, sale and distribution of their products.
It shall be unlawful for any person, company, partnership, sole proprietorship, manufacturer, distributor, and/or importer to manufacture, use, sell, distribute, donate, lease, advertise, promote, or otherwise market the use of substandard or expired child restraint system.
The Department of Transportation (DOTr) and DTI are mandated to formulate and implement a certification training program for product inspectors, law enforcers, manufacturers, distributors, and sellers on the regulation, maintenance, use, maintenance and inspection of child restraint systems, as prescribed in the IRR.
The DOTr shall conduct a study and recommend to Congress the use of child restraint systems in public utility vehicles such as jeepneys; buses, including school buses; taxis; vans; coasters; accredited/affiliated service vehicles of transportation network companies; and all other motor vehicles used for public transport.
The bill imposes varying penalties for drivers, manufacturers, distributors, retailers and sellers who shall violate the proposed Act.
The DOTr, Philippine Information Agency (PIA), the Department of Education (DepEd) and concerned private agencies and organizations shall undertake regular nationwide information, education and communication (IEC) campaign within six months from the passage of the Act.
In a related development, Senate President Aquilino “Koko” Pimentel III said that government agencies with jurisdiction over traffic should implement all laws of the Philippines relating to motorcycle safety.
A study conducted jointly in 2017 by the University of the Philippines School of Urban and Regional Planning and the National Center for Transportation.
Studies found that existing motorcycle safety laws and regulations adequately address the important aspects of motorcycle safety, but they are not consistently enforced.
“For government agencies, enforcing the law is mandatory and not optional. They must enforce these motorcycle safety laws firmly and consistently. Otherwise, why do they exist in the first place?”, said Pimentel.
The Senate President is alarmed at the increasing rates of motorcycle fatalities in the country, as figures from the Metro Manila Development Authority showed that motorcycles constituted 35% of all vehicles involved in fatal accidents.
Pimentel said, “People die when you don’t enforce traffic laws. This matter must be addressed urgently.”
However, Pimentel also understood that logistical issues can curb enforcement.
The Senate chief noted that these agencies cannot fully enforce traffic safety laws, they should come to me and tell me why. If the problem is equipment and infrastructure, I will help them get the funding.”
At the same time, he made it clear he will not allow gaps in mandate and resources to be used as a catch-all excuse by traffic regulatory agencies.
Pimentel said, “We all know corruption exists in the enforcement of traffic laws. These corrupt individuals must be rooted out and excised from the agencies they serve in as soon as possible.”
The Senate President emphasized that severe penalties await those who abuse their position of trust for personal gain.
Pimentel said, “We also have laws on corruption, and I will see they are enforced on those who compromise the safety of our citizens for a few more pesos in their pockets.”
The country’s third-highest official also assailed the culture of “ningas-cogon” among enforcers.
Pimentel said, “Sometimes a law is passed, enforced vigorously, and then conveniently forgotten by both the people and enforcers. That is not how things should work. Laws do not have an expiry date. Until repealed or amended, we all have a duty to uphold them.”