Dear PAO,

While driving my 7-seater SUV along EDSA, I was apprehended because my 5-year-old son was sitting in the front passenger seat. I argued with the traffic enforcer because my son was wearing a seatbelt at the time. However, the traffic enforcer stated that my son should be seated in the back row seats because he is under 6 years old. Is there a law prohibiting a child under 6 years old from sitting in the front passenger seat?

Renan

Dear Renan,

According to the Republic Act (RA) 11229 or the Child Safety in Motor Vehicles Act, it is the duty of the State to ensure the safety of children while being transported in any type of motor vehicle. To achieve this, the State adopts a more proactive and preventive approach in order to secure the safety of the passengers and drivers at all times.

Aside from mandating the use of a child restraint system in motor vehicles, Section 5 of RA 11229 also prohibits children aged twelve (12) years and below from sitting in the front seat of a motor vehicle, to wit:

“Section 5. Children in Rear Seats. – No child twelve (12) years and below of age shall be allowed to sit in a front seat of a motor vehicle with a running engine or while such child is being transported on any road, street or highway, unless the child meets the height requirement set forth in Section 4 of this Act and is properly secured using the regular seat belt in the front seat.”

The law is clear that, as a general rule, children aged twelve years and below are prohibited from sitting in the front seat of a motor vehicle while the engine is running or while being transported. The exception to this rule is if the child meets the height requirement under Section 4 of the said law, which is at least one hundred fifty (150) centimeters or fifty-nine (59) inches in height. Likewise, for the exception to apply, the child who meets the minimum height requirement should also be properly secured by regular seat belt.

Based on the facts of your case, your child may be prohibited from sitting in the front seat of your SUV car, even if he was wearing seatbelt during that time. The only exception to this rule is if your child meets the minimum height requirement of one hundred fifty (150) centimeters or fifty-nine (59) inches in height.

We hope that we were able to answer your queries. This advice was 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.

Thank you for your continued trust and support.

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]