SEVENTEENTH CONGRESS OF THE REPUBLIC )

OF THE PHILIPPINES )
Second Regular Session ) .
18 MAY 23. ANS
SENA’
S.B, NO. ‘TB 18
RECSigs rats ‘ia
Introduced by Senator Maria Lourdes Nancy S. Binay
AN ACT

ENSURING THE SAFETY MEASURES FOR CHILDREN RIDING IN MOTOR
VEHICLES

EXPLANATORY NOTE

The proposed bill seeks to protect and minimize death and injury of children through
vehicular accidents by imposing safety standards in the transportation of children in
motor vehicles, particularly with the use of child restraint devices.

MARIA LOURDES NANCY S. BINAY
Senator



SEVENTEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES )
Second Regular Session )

“18 MAY 23 AN S2

SENATE

s.B.no._1818
a

Introduced by Senator Maria Lourdes Nancy S. Binay

AN ACT
ENSURING THE SAFETY MEASURES FOR CHILDREN RIDING IN MOTOR
VEHICLES

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

Section 1. Short Title. - This Act shall be known as the “Children in Motor Vehicle Safety
Act of 2017”.

Sec. 2. Declaration of Policy. - The State recognizes the vital role of the youth in
nation-building and shall promote and protect their physical, moral, spiritual, intellectual
and social well-being. Towards this end, the State shall pursue a proactive and
preventive approach in order to secure the safety of children riding in motor vehicles at
all times with the enforcement of safety measures.

Sec. 3. Definition of Terms. As used in this Act, the term:
(a) “Children” refers to any person fifteen (15) years and below;

(b) “Motor vehicle” refers to private vehicles and school buses for pre-school and
primary school operated or driven upon a public highway which are propelled
by any power other than muscular power and is being used in any way to
carry any person from one place to another. It shall likewise include public
motor vehicle as defined in Republic Act No. 4136, otherwise known as the
“Land Transportation and Traffic Code”; Republic Act No. 8750, otherwise
known as the “Seat Belt Use Act of 1999"; and LTO Administrative Order No.
BGC-AO-99004, Implementing Rules and Regulations Governing the
Installation and Use of Seat Belt Devices and Seat Belt Anchorage;

(c) “Seat belt device” refers to any strap, webbing or similar device in the form of
pelvic restraint or lap belt, upper torso restraint or shoulder strap or a
combination thereof designed to secure a person in a motor vehicle in order
to mitigate the results of any accident including all necessary buckles and

1



other fasteners, and all hardware/anchorage designed for installing such seat
belt in a motor vehicle; and

(d) “Child restraint system” refers to beds for babies, seats for infants and seats
for school children that are manufactured and crafted in accordance with the
internationally accepted standards pending adoption of a national standard by
the Bureau of Product Standards (BPS) of the Department of Trade and
Industry (DTI). Provided, however, that pending the adoption of a national
standard by the BPS, the same agency shall issue a list of acceptable child
restraint systems which are readily available in the Philippines.

Sec. 4. Coverage. — This Act shall apply to drivers and children passengers of private
motor vehicles and school buses for preschool and primary school.

Sec. 5. Prohibited Acts. — It shall be unlawful for any driver of a motor vehicle to travel
with children on board without ensuring or exercising the following safety measures:

(a) Infants and/or children ages fifteen (15) years old and below shall be
prohibited to sit in the front seat of any running motor vehicle;

(b) Children shall not be allowed to travel on board any motor vehicle without seat
belt devices and/or child restraint systems at the back row seats;

(c) Children shall not be allowed to ride motorcycles, scooters, motorized bicycles,
tricycles, pedicabs or other motor vehicles which are not enclosed and which
would expose a child to significant risk of serious injury in the event of a
vehicular accident; and

(d) Children shall not be left unattended inside the motor vehicle without
supervision by a person who is eighteen (18) years of age or older under one
or more of the following circumstances:

(1) Under conditions presenting a significant risk to the child’s health or
safety;

(2) The engine of the motor vehicle is running; or

(3) The keys to the motor vehicle are within the motor vehicle.
Sec. 6. Exceptions. - The provisions of this Act shall not apply to public utility vehicles
which are not school buses for preschool and primary school. As such, jeepneys and

buses, as well as emergency vehicles, shall be exempt from the provisions of this Act. It
shall likewise not apply to medical emergencies or when, because of circumstances of



the situation, riding in a motor vehicle without a safety device removes such child from
an even greater or more imminent danger.

Sec. 7. Penalties and Fines. — Any person found guilty of violating the provisions of this
Act shall be punished with a fine of not less than Five Thousand Pesos (P5,000.00) or
imprisonment of not more than thirty (30) days, or both, at the discretion of the court,
taking into consideration all attending circumstances. Subsequent violations shall be
punishable by a fine of not less than Ten Thousand Pesos (P10,000.00) or a penalty of
imprisonment of arresto mayor, or both, at the discretion of the court. The driver's
license shall be revoked upon conviction of three (3) violations of this provision. Such
revocation shall prohibit the grant of a new driver's license for (12) months from the
date of the conviction.

Sec. 8. Implementing Agency. - The Land Transportation Office (LTO) and the
Philippine National Police (PNP) shall be the primary implementing agencies in enforcing
the provisions of this Act. Within (60) days from the effectivity of this Act, the LTO, the
PNP and the BPS of the DTI shall formulate and issue the necessary implementing rules
and regulations and guidelines and shall mobilize available resources to assure the
effective implementation of this Act.

The BPS, in coordination with the LTO, shall likewise formulate the procedure and
standards for the approval of safety devices for use by children in motor vehicles and to
publish the same with a list of such approved devices not more than ninety (90) days
after the approval of the Act.

Sec. 9. Separability Clause. — If any provision or part hereof is held invalid or
unconstitutional, the remainder of this Act or the provisions not otherwise affected
thereby shall remain valid and subsisting.

Sec. 10. Repealing Clause. — Any law, presidential decree or issuance, executive order,
letter of instruction, administrative order, rule or regulation contrary to or inconsistent
with the provisions of this Act hereby repealed, modified or amended accordingly.

Sec. 11. Effectivity Clause. - This Act shall take effect fifteen (15) days after its full and
complete publication in at least two (2) newspapers of general circulation.

Approved,