SEVENTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES ) Nas Chu ates 3 ectarp
Third Regular Session )
18 WL -4 A054
SENATE
$.No, 1862 nec

Introduced by SENATOR LEILA M. DE LIMA

AN ACT
AMENDING SECTION 5 AND SECTION 12 OF REPUBLIC ACT NO. 8750,
OTHERWISE KNOWN AS “SEAT BELTS USE ACT OF 1999”

EXPLANATORY NOTE

According to a World Health Organization (WHO) study, road traffic injuries
are a major public health problem and a leading cause of death and injury around the
world’, with 1.25 million deaths annually2,

In the Philippines, the Philippine Statistics Authority has recently recorded an
increase in deaths due to road crashes — from 6,869 in 2006 to 10,012 in 2015. Of this
total, an average of 667 are children ages 14 years old and below.3

In various studies, WHO always emphasized the importance of seatbelts and
child restraint systems, in that “even if it doesn’t prevent crashes, seatbelts and child
restraints reduce severity of injury to passengers.”4 A child restraint system, in fact,
can reduce deaths among infants by approximately 70% and among small children by
between 54% and 80%.”5

1 WHO. Seatbelt Manual Module 1. Retrieved from

|netp:// www.who Int/roadsafety/projects/manuals/seatbelt/seat_belt_manual_module_1.paf. Accessed 27 June 2018
25y, Kimiko. IN NUMBERS: Road crash incidents in the Philippines. (02 November 2017). Retrieved from
bhttos://www.rappler.com/move-ph/issues/road-safety/166151-road-crashes-philippines-awareness-safety. Accessed 27
June 2018.

Ibid,

‘Supra footnote #1

5 Dayao, Dinna Louise C. “Seats that save kids’ lives: Why are they rarely used in the Philippines?” (17 August 2017)
Retrieved from https://www.rappler.com/move-ph/issues/road-safety/178867-seats-save-kids-lives-philippines. Accessed
27 June 2018



Currently, Republic Act No. 8750 requires seat belt use among drivers and
passengers of moving vehicles. It also prohibits children below six (6) years old from
sitting in the front seat of a vehicle.

However, RA 8750 only protects adults since regular seatbelts are not designed
for infants and young children. Infant and children need a more specific type of design
to protect them during a collision because a seat belt will not prevent trajectory or
injuries’,

This measure seeks to addresses this legislative gap. This bill seeks to widen the
scope of R.A. No. 8750. Aside from the seat belt requirement, motorists of privately-
owned vehicles are now required to install and to use child restraint system for infant
and young children passengers.

This bill also increases the age requirement of children allowed to sit in front of
vehicles to twelve (12) years old from six (6) years old, 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.

This bill also seeks to impose higher penalties on violators of this law. This is in
response to news reports that according to the Land Transportation Office, the most
frequently committed traffic violation in the years 2013, 2014 and 2016 is non-
compliance with the Seat Belts Use Law.”

In view of the foregoing, the passage of this measure is earnestly sought.

 Rappler. Seat belts are not enough for infants and children. (17 August 2017). Retrieved from
7 F : -restral ng - Accessed 27 June

2018.

7 Rappler. Seat belt law: the most violated road rule in PH. (21 November 2017). Retrieved from

tto://verafles.org/articles/seat-belt-law-most-violated-road-rule-ph, Accessed 27 June 2018.



*

SEVENTEENTH CONGRESS OF THE )

si

REPUBLIC OF THE PHILIPPINES —_) Sere tie oft. &
Third Regular Session )
18 JUL -4 Al 54
SENATE
8.No, 1862 RECESS, —

Introduced by SENATOR LEILA M. DE LIMA

AN ACT
AMENDING SECTION 5 AND SECTION 12 OF REPUBLIC ACT NO. 8750,
OTHERWISE KNOWN AS “SEAT BELTS USE ACT OF 1999”

Be it enacted by the Senate and the House of Representatives of the Philippines
in Congress assembled:

SECTION 1. Short Title. This Act shall be known as the “Expanded Seat Belts Use Act
of 2018”.

See. 2. Section 5 of Republic Act No. 8750 (R.A. 8750) is hereby amended to read as
follows:

“Section 5. Children Prohibited to Sit in Front Seat. — Infants and/or children
with ages [six (6)] TWELVE (12) years and below shall be prohibited to sit in
the front seat of any running motor vehicle[.], EXCEPT IF THE CHILD IS
AT LEAST ONE HUNDRED FIFTY (150) CENTIMETERS OR FIFTY-
NINE (59) INCHES IN HEIGHT AND CAPABLE TO PROPERLY FIT
IN THE REGULAR SEAT BELT IN THE FRONT SEAT”

Sec. 3. Two new Sections are inserted after Section 5 of R.A. 8750, to read as follows:

“SECTION 5A. MANDATORY USE OF CHILD RESTRAINT SYSTEM
IN PRIVATELY-OWNED MOTOR VEHICLES. - IT SHALL BE
UNLAWFUL FOR THE DRIVER OF A PRIVATELY-OWNED MOTOR
VEHICLE TO DRIVE SAID VEHICLE ON ANY ROAD, STREET OR.
HIGHWAY WITH A CHILD PASSENGER UNSECURED BY A CHILD
RESTRAINT SYSTEM. THE CHILD RESTRAINT SYSTEM SHALL BE
APPROPRIATE TO THE CHILD’S SIZE, HEIGHT AND WEIGHT.



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FOR PURPOSES OF THIS ACT, A CHILD RESTRAINT SYSTEM IS A
CAR SEAT ATTACHMENT CAPABLE OF ACCOMMODATING A
CHILD OCCUPANT IN A SITTING OR SUPINE POSITION. IT IS
DESIGNED TO DIMINISH THE RISK OF INJURY TO THE WEARER,
IN THE EVENT OF A COLLISION OR AN ABRUPT DECELERATION
OF THE VEHICLE, BY LIMITING THE MOBILITY OF THE CHILD’S
BODY.

THE REQUIREMENTS OF THIS SECTION SHALL NOT APPLY IN
CIRCUMSTANCES WHERE THE RESTRAINT SYSTEM WOULD
PUT SUCH CHILD IN A GREATER DANGER, SUCH AS:

(A) DURING MEDICAL EMERGENCIES;

(B) WHEN THE CHILD TRANSPORTED HAS A MEDICAL OR
DEVELOPMENTAL CONDITION; OR

(C) OTHER ANALOGOUS CIRCUMSTANCES PRESCRIBED UNDER
THE IMPLEMENTING RULES AND REGULATIONS,

PROVIDED, HOWEVER, THAT IF THE CHILD IS AT LEAST ONE
HUNDRED (150) CENTIMETERS OR FIFTY-NINE (59) INCHES IN
HEIGHT OR BASED ON THE STANDARDS OF THE HEIGHT OR
SIZE OF THE CHILD AS SET FORTH IN THE UNITED NATIONS (UN)
REGULATIONS 44 AND 29, INCLUDING THEIR EVOLVING
STANDARDS, THE CHILD MAY USE THE REGULAR SEAT BELT
INSTEAD OF A CHILD RESTRAINT SYSTEM.

NOTWITHSTANDING THE CHILD BEING SECURED IN A CHILD
RESTRAINT SYSTEM, AT NO INSTANCE SHALL HE/SHE BE LEFT
UNACCOMPANIED BY AN ADULT IN A MOTOR VEHICLE.

SECTION 5B. PROHIBITION ON SUBSTANDARD OR EXPIRED
CHILD RESTRAINT SYSTEM. - 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 MARKET THE USE OF
SUBSTANDARD OR EXPIRED LEASE RESTRAINT SYSTEM”



1 See. 4. Section 12 of R.A. 8750 is further amended to read as follows:

2 “Section 12. Penalties and Fines. — In the enforcement of this Act, the LTO
3 shall impose fines against drivers, operators, owners of vehicles,
4 manufacturers, assemblers, importers and/or distributors for violation of this
5 Act.
6 The following shall be the basis in defining fine and penalty provisions of the
7 IRR to be promulgated pursuant to Section 11 hereof, provided that six (6)
8 months grace period shall be allowed to lapse to conduct a nationwide
9 information campaign:
10 (1) On the driver
u (a) For failure to wear the prescribed seat belt devices and/or failure to require
2 his passengers to wear the prescribed seat belt device AND CHILD
13 RESTRAINT SYSTEM, AS MAY BE APPLICABLE, a minimum fine of
14 [One hundred pesos (P100)] FIVE HUNDRED PESOS (P500) but not to
15 exceed [One thousand pesos (P1,000)] TWO THOUSAND PESOS
16 (P2,000) for the first violation; a minimum fine of [Two hundred pesos
7 (P200)] TWO THOUSAND PESOS (P2,000) but not to exceed [Two
18 thousand pesos (P2,000)] THREE THOUSAND PESOS (P3,000) for the
19 second violation; and a minimum fine of [Five hundred pesos (P500)]
20 THREE THOUSAND PESOS (P3,000) but not to exceed Five thousand
21 pesos (P5,000) and suspension of driver's license for a period of one (1) week
2 for the third and succeeding violations
23 FOR KNOWINGLY ALLOWING THE USE OF SUBSTANDARD
24 AND/OR EXPIRED CHILD RESTRAINT SYSTEM OR PERMITTING
25 THE USE OF CHILD RESTRAINT SYSTEM, A MINIMUM FINE OF
26 FIVE HUNDRED PESOS (?500) BUT NOT TO EXCEED TWO
27 THOUSAND PESOS (?2,000) FOR THE FIRST VIOLATION, A
28 MINIMUM FINE OF TWO THOUSAND PESOS (?2,000) BUT NOT
29 TO EXCEED THREE THOUSAND PESOS (?3,000) FOR THE
30 SECOND VIOLATION; AND A MINIMUM FINE OF THREE
31 THOUSAND PESOS (?3,000) BUT NOT TO EXCEED FIVE

32 THOUSAND PESOS (?5,000) AND SUSPENSION OF DRIVER’S



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LICENSE FOR A PERIOD OF ONE (1) WEEK FOR THE THIRD AND
SUCCEEDING VIOLATION;

(b) Public utility vehicles shall post appropriate signages instructing front seat
passengers to wear seat belts when inside the vehicle. Non-compliance hereof
will hold both the driver and the operator liable and shall be fined a minimum
of [Three hundred pesos (P300)] ONE THOUSAND PESOS (?1,000) but
not to exceed [Three thousand pesos (P3,000)] FIVE THOUSAND PESOS
(5,000) for every violation; and

(2) On any manufacturer, assembler, importer and distributor for every unit
found without seat belt devices installed prior to its distribution to the public,
a minimum fine of [Five thousand pesos (P5,000)] TEN THOUSAND
PESOS (P10,000) but not to exceed [Ten thousand pesos (P10,000)]
TWENTY THOUSAND PESOS (P20,000) and suspension of the license
to manufacture, assemble, import or distribute for a period of one (1) year for
the first violation; a minimum fine of [Ten thousand pesos (P10,000)]
TWENTY THOUSAND PESOS (P20,000) but not to exceed [Twenty
thousand pesos (P20,000)] FORTY THOUSAND PESOS (?40,000) and
suspension of the license to manufacture, assemble, import or distribute for a
period of two (2) years for the second violation; and a fine of [Twenty
thousand pesos (P20,000)] FORTY THOUSAND PESOS (?40,000) but
not to exceed [Fifty thousand pesos (P50,000)] ONE HUNDRED
THOUSAND PESOS (P100,000) and suspension of the license to
manufacture, assemble, import or distribute for a period of five (5) years for
the third violation.

(3) ON ANY MANUFACTURER, DISTRIBUTOR, IMPORTER,
RETAILER AND SELLER WHO VIOLATES SECTION 5B OF THIS
ACT, A MINIMUM FINE OF TEN THOUSAND PESOS (P10,000)
BUT NOT TO EXCEED TWENTY THOUSAND PESOS (?20,000)
AND SUSPENSION OF THE LICENSE TO MANUFACTURE,
DISTRIBUTE, IMPORT AND SELL FOR THE PERIOD OF ONE (1)
YEAR FOR THE FIRST VIOLATION; A MINIMUM OF TWENTY
THOUSAND PESOS (?20,000) BUT NOT TO EXCEED FORTY
THOUSAND PESOS (?40,000) AND SUSPENSION OF THE



LICENSE TO MANUFACTURE, DISTRIBUTE, IMPORT AND SELL
FOR THE PERIOD OF TWO (2) YEARS FOR THE SECOND
VIOLATION; AND A FINE OF FORTY THOUSAND PESOS (P40,000)
BUT NOT TO EXCEED ONE HUNDRED THOUSAND PESOS
(P100,000) AND SUSPENSION OF THE LICENSE TO
MANUFACTURE, DISTRIBUTE, IMPORT AND SELL FOR A
PERIOD OF FIVE (5) YEARS FOR THE THIRD VIOLATION.”

Baunune

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Sec. 5. Repealing Clause. - All laws, executive orders, presidential decrees,
presidential proclamations, letters of instruction, rules and regulations or parts
10 thereof which are inconsistent with the provisions of this Act are hereby repealed or
11 modified accordingly.

12 Sec. 6. Separability Clause. - If any provision of this Act is declared unconstitutional
13 or invalid, other parts or provisions hereof not affected thereby shall continue to be in
14 full force and effect.

15 See. 7. Effectivity. - This Act shall take effect fifteen (15) days following its publication
16 _ inthe Official Gazette or in two (2) newspapers of general circulation in the Philippines.

Approved,