FIFTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES — )
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No. 319

Introduced by Representative Susan A. Yap

EXPLANATORY NOTE

‘According to the United States Centers for Disease Control and Prevention, an
agency under the Department of Health and Human Services, the leading cause of death
among children is motor vehicle injury. In 2005, it was reported that around four American
children die each day because of motor vehicle crashes. These children should have been
saved had they been on their proper seats and restraints or the driver had been more
conscientious of his passenger. On a brighter side of the story, an estimated 425 children
were saved by proper child seat and restraints use every year.

Closer to home, the DOH released a study in 2004 that among school age children,
age 5-14 years old, the leading cause of accidental death is motor vehicle accident. This
prompted the department to include the stricter implementation of the seat belt law as one
of their 2004 National Objectives for Health key action plan. However, it missed the
important inclusion of the use of child restraints as one of their recommendations.

Apparently, there is lack legislation on the use of child restraints worldwide. Th
World Health Organization Western Pacific listed that out of 26 countries in the region,
does not have child restraint law, including the Philippines. As to the effectiveness of the
enforcement of the policy, only New Zealand and Singapore passed the respondents’ tests
(WHO 2009). As such, an enactment of a law regarding safety standards of children in
motor vehicles will be a great leap in the safeguarding of our children.

This bill not only defines the use of seat belts and child restraint systems in motor
vehicles, but also describes practices that must be conformed by responsible drivers and
vehicle owners for the safety of children. For example, it will be disallowed to leave
children alone in stationary vehicles while the engine is running, the keys are within the
vehicle and reach of the child, or any other circumstance that pose risk and danger to the
child passenger. Another provision is the outright prohibition of letting a child age 12 and

below to seat in the front passenger seat of any running motor vehicle.

This bill is envisioned to save hundreds, if not thousands, of Filipino children’s
lives if sincerely enforced. It is but a reminder that for every child we may save, we are
doing our future a big favor.

SUSAN

Representative, 2™ Distridt of Tarlac


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FIFTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No.

Introduced by Representative Susan A. Yap

AN ACT
ENSURING SAFETY MEASURES FOR CHILDREN RIDING IN MOTOR
VEHICLES

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 "Children in Motor Vehicle Safety
Act of 2010".

SEC. 2. Declaration of Policy. - he 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 refer to any person owelve (12) years and below;

(b) Motor webicle refers to private vehicles and school buses for preschool 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
and Transportation and Traffic Code"; Republic Act No. 8750, otherwise known as the "Seat Belts
Use Act of 1999"; and Administrative Order No. BGC-AQ-99004 (Implementing Rules and
Regulations on the Installation and Use of Seat Belt);

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

(@ 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 (DTD.

SEC. 4. Coverage. - This Act shall apply to drivers and children passengers of private motor

for preschool and primary school.



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SEC. 5. Prohibited Acts. - (c shall be unlawful for any driver of 2 motor vehicle to travel with
children on board without ensuring or exercising the following safety measures:

(a) Infants and/or children with ages twelve (12) 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 uavel on board any motor vehicle without seat belt
devices and/or child restraint system at the back row seats; and
(© Children shall not be left unattended inside the motor vehicle without supervision by @
person who is eighteen (18) years of age or older under one or mote 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 anywhere in the passenger compartment of 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 the 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 /

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shall be punished with a fine of not more than Two thousand pesos (P2,000.00) or imprisonment of
not more than thiety (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 Five
thousand pesos (P5,000.00) or a penalty of imprisonment of arrsto mayor, ot both, at the discretion
‘he driver's license shall be revoked upon conviction of three (3) violations of this

of the cour
provision, Such revocation shall prohibit the grant of a new driv
from the date of the conviction.

1's license for twelve (12) months

SEC. 8. Implementing Agengy. - 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 sixty (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, regulations and guidelines and
shall mobilize available resources to assure the effective implementation of this /

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‘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 this
‘Act.

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

SEC. 10. Repealing Clause. Any lave, presidential decree or issuance, executive order, letter of
instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions of

this Act is hereby repealed, modified or amended accordingly.

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

Approved,

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