Q&A about the Philippines' Child Passenger Safety in Motor Vehicles Law

I got in contact with Lem Rosellon from Mind the Gap Communications regarding Philippine RA 11229, the Child Passenger Safety in Motor Vehicles Law. A virtual press conference was held on January 29th to inform the general public about the implementation of the law (which starts February 2nd). Since the time difference made it tricky for me to watch the event in real-time, I fielded my questions to Lem, hoping that some of these would be answered during the press conference. (And then I watched the video recording a few days later)

Some of my questions were addressed during the press conference. In fact, many of my questions were also asked by other viewers. In this post, I share salient points from the responses of the resource persons during the Q&A portion and from the presentations (in italics). I add my comments to these responses in red.

Can I bring and use in the Philippines a child restraint system that I am using in the USA?

If the child restraint system was bought before the law's implementation (and is not expired yet), the Land Transportation Office (LTO) will inspect the car seat for compliance to standards set by the United Nations (UN Regs 44 and 129). The LTO will issue guidelines on car seat inspection. Note that these car seats should be inspected before February 2022.

Is there a list of child restraint models that I can pick from?

A representative from the Department of Trade and Industries (DTI) said that a list of approved child restraint systems does not exist at this time. Importers are currently applying for child restraint system approval from the DTI.

I find this lack of information regarding approved brands of child restraint systems problematic. This is the first thing that must be created before motorists are required to comply with the law. 

Are child restraints allowed to be used in utes?

Drivers are mandated to seat children in car seats in covered motor vehicles. These are privately owned or leased. Jeepneys and buses, which are public utility vehicles, are not designed to carry child restraint systems.

Actually, I found this response vague because there are private vehicles used as utility vehicles and as passenger vehicles. If a jeepney is a private vehicle, for instance, should it have child restraint systems installed if children are passengers? Perhaps, the lawmakers could specify vehicles with forward-facing passenger seats in the coverage of this law.

Are hospital staff obliged to check infant carriers for correct installation prior to the baby’s first ride home?

Staff in LTO branches have been trained virtually (thanks to the pandemic) in fitting car seats. Also, they have been trained with approaching children in car seats.

There is no indication in the discussion that car seats will be inspected by hospital staff before babies are brought home by parents. The trained fitters will install the child restraint systems in vehicles using LATCH (lower anchors and tethers for children) or ISOFIX. I find it curious that though the discussion said that child restraint systems may be installed using the three-point seatbelts, the panellists did not mention that when child passengers exceed the weight limit of LATCH/ISOFIX, the child restraint systems should be installed using the seatbelts.

NB: LATCH and ISOFIX are terms used in the USA and in the EU, respectively, but they are similar tether and anchor systems used for securing child restraint systems. 

Is it okay to use second-hand child restraints? If so, how do I know that the seat wasn’t involved in an accident that potentially damaged the protective features? Will there be a registry of car seats where I can check?

The law allows the use of second-hand child restraints. The parents have to check for damage and signs of ageing (e.g., frayed harness straps, cracks in the seat frame) and should not use car seats that have been involved in car crashes.

Apparently, parents will not be provided with information about prior involvement of pre-owned car seats in vehicular accidents; it is their responsibility to investigate a pre-owned car seat's use history.

Will there be car seat inspections conducted on highways? If so, will the officers be trained in assessing the child seats?

Law enforcement officers deputised by the LTO are authorised to flag down motorists and check the installation of car seats. There are trained in the law's enforcement.

The LTO representative did not have a definite timeline regarding when the enforcement will begin. He did mention that the initial implementation will involve informing motorists but not slapping on fines for non-compliance.

The following questions were not answered. I find that the law's implementation will be difficult and impractical if these concerns (among many others) are not addressed. Again, my thoughts are in red.

If a household has three children who are required to sit in child restraint systems, are there models available in the Philippines that can fit in compact and mid-size cars (e.g., three across)?

I own a Diono Radian 3QXT convertible car seat. I bought it primarily because its slim base allows three units to fit across the backseat, which also means that two adults may be able to sit with the child (seated on the child restraint system) on the backseat. I chatted with a Diono customer representative about using this model in the Philippines. The representative said that the system is not consistent with the Philippine law. I assume that this means that Diono will not be available in the Philippines.

Another narrow-based convertible car seat brand is Clek. I just received a response from one of the brand's customer representatives. Clek car seats have not completed testing against standards in the Philippines; thus, it is not sold or shipped there. 

Now, what brand will households with more than two kids who are required to sit in child restraint systems purchase? 

If there aren’t any available, are parents required to buy a bigger vehicle? If so, what happens if they cannot afford a bigger vehicle? Will they be forced to keep at least one of the kids home or to get the whole household to take public transportation because the car seats can’t fit in their current vehicle?

Unfortunately, an LTO official said on-air (not during this press conference) that if a child is too tall for a booster seat, the parents have to buy a bigger vehicle. I speculate that this person will also respond in the same way if asked about car seats that won't fit in smaller cars. It is infuriating because the officer responded with sarcasm and did not respect motorists who have limited budgets. I am afraid that such an attitude is a precedent how deputised law enforcement officers will behave once the initial implementation phase begins.

Child restraint systems are expensive. Are there low-cost car seat programs in the Philippines that improve access to child restraint systems?

In the USA, there are low-cost car seat programs that help parents relying on government aid to keep their kids safe on the road. I don't see any indication that similar programs exist in the Philippines. In fact, I speculate that the market for pre-owned child restraint systems will rapidly boom and will be poorly regulated. Damaged child restraint systems will provide a false sense of security for parents and may lead to public distrust on a tool that can actually save their children in the event of accidents.

I think that this law is a step in the right direction but there are a lot of practical questions that need answering before people get on with the program. Parents are keen on complying, based on the questions raised during the Q&A. Respectful responses from law enforcers are required; sarcasm is not welcome.

(This post has been updated to reflect the response of Clek about the use of its child restraint systems in the Philippines.)