Senators prod DOTr, LTO: Hold off child car seat law amid ‘confusion’

MANILA, Philippines — Six senators on Tuesday filed a resolution urging the Department of Transportation (DOTr) and Land Transportation Office (LTO) to postpone the implementation of the Child Safety in Motor Vehicles Act “until necessary guidelines are put in place and agency mandates are fulfilled.”

In filing Senate Resolution No. 633, the senators pointed out that while the intent of the law is “laudable,” the announcement of its implementation caught many Filipino by surprise since the LTO allegedly failed to “adequately” inform the public about the new law, and that private car owners were not given “ample time” to secure child car seats.

The resolution was filed by Senate Majority Leader Juan Miguel Zubiri, and Senators Sonny Angara, Nancy Binay, Sherwin Gatchalian, Grace Poe, and Joel Villanueva.

Enacted in February 2019, the Child Safety in Motor Vehicle Act intends to provide added safety and prevent injuries and death to children passengers. The law’s implementing rules and regulations (IRR) were approved on December 23, 2019, and was supposed to take effect today, February 2.

Under its IRR, children 12 years old and below who are shorter than 4’11 are no longer allowed to take the front seat or to be left unattended inside a private vehicle.

It also requires children to use child restraint systems (CRS) or child car seats that are appropriate for their age, height, and weight.

Further, the senators noted that Filipinos have also “expressed concern and confusion” as to how the LTO will certify the car seats acquired prior to the effectivity of the law as the law’s IRR requires owners of child car seats to secure a certificate from LTO “ensuring the car seat is not expired or damaged and is fit for use.”

The lawmakers also noted that the Department of Trade and Industry Bureau of Philippine Standards (DTI-BPS) “has yet to issue a list of car seat brands and models that meet the technical regulations or the product certificate of car seats.”

While the DTI-BPS has already issued an administrative order providing for the Technical Regulations for Product Certification of Child Restraint Systems, the senators said that “only one application for Import Commodity Clearance (ICC) of car seats has been received by the bureau which is still being processed as of date.”

The LTO, according to the resolution, has also yet to comply with the establishment and accreditation of fitting stations “to ensure that the car seats are properly fitted and installed,” which is mandated under one of the law’s provisions.

“In fact, in a radio interview, LTO NCR Director Clarence Guinto noted that they are still currently training their enforcers on the proper installation of child car seats,” the resolution read.

“Even if the law is well-intentioned, it is understandable that Filipinos would be apprehensive about the implementation of this measure especially since the impact of the COVID-19 pandemic and the various community quarantines are still being felt by majority of Filipinos,” it added.

Senators likewise pointed out that decent child car seats could cost at least P3,000 to up to P60,000 each.

“Procuring these could undoubtedly add to the financial burden of motorists,” they said.

In consideration of the ongoing pandemic, the financial struggles of many Filipinos, and the “government regulations that prohibit children of certain ages from going out,” the senators said it is “justified” that the implementation of the law be deferred “not only to allow Filipinos to recover and prepare” but to also enable government agencies “to fulfill what is mandated under the law.”

The senators urged that before the law is implemented, the LTO should first “sufficiently inform the public about the requirements of [the law] and its IRR.”

The LTO should also issue guidelines for the certification of child car seats acquired before the law takes effect and to establish and accredit fitting stations.

Additionally, the senator said, the DTI should issue a list of compliant and/or certified child car seat brands and models.

Earlier Tuesday, the DOTr said it favors postponing the full enforcement of the law during the pandemic as it finalizes protocols for its enforcement.

LTO Deputy Director for Law Enforcement Roberto Valera, meanwhile, said they will not apprehend motorists who violate the mandatory child car seat law within six months. He said they will prioritize for now education of drivers and parents by distributing flyers regarding the requirements of the new law.

KGA