Dear PAO,

As a working single mother, I plan to get a car so that I can bring my five-year-old child with me on my way to work. My plan is to drop off my daughter at my parents’ house which is near my office, and then pick her up after work. However, I was informed by a friend that I have to use a special child carrier when my daughter rides with me in the car. I checked the prices of these child seats, and I was surprised with how expensive they are. I plan on using an old child seat carrier from my brother, but I was told that I have to make sure that it is compliant with the approved types and standards for child seats. My question now is: How can I determine if these required special child seats comply with the standards mandated by law?

Veronica

Dear Veronica,

The special child seat carrier you mentioned in your query is referred to by law as a child restraint system (CSR) which is a type of special child seat that is required to be used by law for children who are 12 years old and below. This is in accordance with Republic Act (RA) 11229, also known as the Child Safety in Motor Vehicles Act.

A child restraint system is defined by this law as a device that is capable of accommodating a child occupant in a sitting or supine position and that is designed to diminish the risk of injury to the wearer in the event of a collision or of abrupt deceleration of the vehicle, by limiting the mobility of the child’s body. (RA 11229, Sec. 3(h)).

The law further requires that the child restraint system to be used must not be substandard. According to the Implementing Rules and Regulation (IRR) of this law, it is unlawful for anyone to use a substandard child restraint system. (Rule III, Sec. 9) In relation to this, the Department of Trade and Industry (DTI) is tasked to implement standards set forth in United Nations Regulation 44 and United Nations Regulation 129, including its evolving standards, and other acceptable international standards that are of an equivalent or higher degree as determined by the DTI-Bureau of Philippine Standards (BPS) for the approval of child restraint systems that will be manufactured, sold, distributed, and used in the Philippines. (IRR, Rule IV, Sec. 11)

For the approval of child restraint systems, all manufacturers, importers, distributors, and sellers of child restraint systems are required to secure from the DTI-BPS a PS Mark License or ICC Certificate prior to the marketing, sale, and distribution of their products. (Ibid, Sec. 12) Considering this, a child restraint system unit that complies with the required standards must have an untampered PS mark and/or ICC sticker which shall serve as proof that it complies with the required standard for child restraint system. This is also in line with the Land Transportation Office (LTO) Memorandum Circular 2021-2292 for the guidelines in the enforcement of RA 11229, which uses the PS mark and ICC stickers to identify CRS that are compliant with required standards.

With regard to old child restraint systems, you may check if it has the aforementioned sticker certifications. If none, the law requires users of such child restraint system to secure a clearance from the LTO or the nearest Regional Office who will ascertain if the unit is not expired for child restraint systems with expiration dates, and not damaged or if it is still functional based on the established standards. (IRR, Rule IV, Sec. 13)

Lastly, it is important to note that any driver who allows the use of substandard and/or expired child restraint system or permits the use of child restraint system that does not bear the PS Mark or the ICC sticker or LTO clearance referred to in Section 13 herein, shall be fined P1,000 for the first offense; P3,000 for the second offense; and P5,000 and the suspension of the driver’s license for a period of one year for the third and succeeding offenses. (IRR, Rule VIII, Sec. 25)

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]