MUCH A DO ABOUT FACE MASKS & CAR SEATS

In a months time, we, the people of the Island of Luzon, are about to commemorate the anniversary of our collective home confinement. Since the time the Philippine Government imposed the Enhanced Community Quarantine on 16 March 2020, the use of our vehicles have been greatly reduced. Now, as the restrictions imposed by the exhausted alphabet of community quarantines are slowly loosened, our underutilized vehicles are finally seeing the light of day.

During the recent days, two government policies intended for the safety of passengers inside motor vehicles received much attention in social media and in the news. The first is the mandate for all drivers and passengers of private and government vehicles, even if they belong to the same household, must wear face masks at all times under Land Transportation Office (LTO) Memorandum Circular No. 2020-2185 dated 12 May 2020; and the other is the requirement by Republic Act No. 11229 or the Child Safety in Motor Vehicles Act for all children children who are twelve (12) years old or below with the height below one hundred fifty (150) centimeters (4 feet 11 inches) to sit at the back of the vehicle and be secured in a child restraint system while aboard such motor vehicle.

We attempt to weave through the traffic and provide our interpretation or answers to frequently asked questions in relation to these recent government policies.

Wearing of face mask inside private vehicles

While LTO Memorandum Circular No. 2020-2185 dated 12 May 2020 was meant to provide various rules for the operation of all types of motor vehicles while operating in public highways in areas under the General Community Quarantine, the provision requiring all drivers and passengers of private and government vehicles to wear face masks at all times caught the netizens attention.

The LTO recently clarified and highlighted that the policy requiring to wear face masks at all times applies to both drivers and passengers riding a private vehicle even if they are from the same household. LTO Director Clarence Guinto, in a recent interview, emphasized that the only exception to the face mask inside the vehicle requirement is if the driver is alone in the vehicle, or in cases of emergencies.

Violation of this requirement is deemed an offense of Reckless Driving, and such non-compliance to the sanitary measures required under LTO Memorandum Circular No. 2020-2185 will merit an imposition of a fine in the amount of P2, 000.00 for the driver of the private vehicle.

Users and owners of private vehicles however need not feel discriminated as the same Memorandum Circular imposes stricter sanitary measures as well in all modes of public transportation and public utility vehicles (PUVs):

• The drivers and conductors of PUVs shall wear masks and gloves at all times;

• The commuters are also required to wear masks in order to be allowed to board a PUV;

• UV Express shall follow the point-to-point operations and fares shall only be collected at their designated terminals;

• Buses shall also be equipped with thermal scanners for checking of body temperature of all commuters. Those with temperatures of 38 degrees centigrade or higher will not be allowed to board the vehicle;

• Vehicles must be disinfected every end of the trip and high-touch surfaces such as seats, armrests, handles shall be disinfected at least once every three (3) hours if the vehicle is in continuous operation;

• Foot disinfectants for passengers shall be provided before boarding;

• The Driver’s compartments for UV Express and PUJs should be sealed off from the passenger area using non-permeable, transparent material;

• One meter physical distancing between passengers, or the installation of impermeable barriers if the one meter physical distancing cannot be achieved;

• There will be safety officers that should regularly check the drivers and conductors fitness to work including regular temperature checks;

• A PUV driver who shows any symptoms cannot work and should be endorsed to the nearest medical facility by the PUV operator;

• PUVs are also imposed to post infomercials and posters reminding commuters of good sanitation practices as shared by DOH and WHO.

Passenger capacity of private vehicles

Only 50% of the vehicle’s passenger capacity shall be allowed for private and government motor vehicles.

Only one (1) passenger is allowed to occupy the passenger seat in front. Children who are twelve (12) years old or below with the height below one hundred fifty (150) centimeters (4 feet 11 inches) are not allowed to sit in front.

Passenger load for front-facing seats shall not exceed two (2) passengers per row. Side-facing seats shall have a passenger load not exceeding 50% or half of the seating capacity and passengers should be seated in accordance with physical distancing guidelines of DOH of 1 meter.

For motorcycles, the prohibition for backride passengers shall remain for the duration of the General Community Quarantine (GCQ) period

Car seats for children

Republic Act No. 11229 or the Child Safety in Motor Vehicles Act on the other hand provides that a child who is twelve (12) years old or below with the height below one hundred fifty (150) centimeters (4 feet 11 inches) shall: (1) Not be allowed to sit in the front seat of any motor vehicle; and (2) Must be secured in a child restraint system while aboard a motor vehicle.

The purpose of the law is to ensure the safety of the children while being transported in any form of motor vehicle and to prevent traffic-related deaths and injuries. A World Health Organization (WHO) study on seat belts and child restraints states that the correct installation and usage of car seats can reduce the risk of death for infants by 70 percent, and 47 to 54 percent for children aged 1 to 4 years old in a road crash incident.

A Child Restraint System is a device capable of accommodating a child occupant in a sitting or supine position. It is so designed as 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. The Child Restraint System must comply with the standards of the Department of Trade and Industry (DTI) and must bear a Philippine Standards (PS) mark license from the Bureau of Product Standards or Import Clearance Certificate (ICC) license.

Examples of Child Restraint System are:

1. Rear-Facing Child Car Seats – for Infants and toddlers
2. Front-Facing Child Car Seats – for Toddlers and Preschoolers; and
3. Booster Seats – for School-aged children

The child is considered properly secured in the child restraint system if:

1. The child restraint system is correctly installed in the vehicle through proper anchorage points;
2. The child restraint system is appropriate to the child’s age, height and weight;
3. The harness straps and lap belts are firmly buckled and not twisted;
4. The shoulder strap crosses the center of the child’s chest and not the child’s neck; and
5. The lap belt fits across the child’s thighs and hips and not across the abdomen.

Use of child restraint systems acquired prior to the effectively of RA 11229 shall be allowed provided that a clearance must be secured from the LTO  that the child restraint system is not expired, defective or substandard.

LTO shall establish fitting stations which may assist in the installation, use and maintenance of the child restraint systems. Furthermore, all manufacturers, importers, distributors and retailers of child restraint systems shall be required to provide an instruction manual for the proper use and installation of such devices.

The law however provides for some exemptions:

1. Any child during medical emergencies;
2. Any child with a medical or developmental condition;
3. Any child who is twelve (12) years old or below who is at least 150 centimeters (4 feet 11 inches) in height shall not be required to be secured in a child restraint system provided that he/she is properly secured using the regular seat belt of the motor vehicle.
4. Any child who is twelve (12) years old or below who is at least 150 centimeters (4 feet 11 inches) in height shall be allowed to sit in front seat of the vehicle provided that he/she is properly secured using the regular seat belt of the vehicle.

The rule applies to both private and public motor vehicles. However, tricycles and motorcycles are not included under this Republic Act but may be covered by other local or administrative issuances.

At the time of this writing, Public Utility Vehicles are not yet covered by this rule. The Department of Transportation (DOTr) shall conduct a study on the feasibility of requiring the use of child restraint system in public utility vehicles including, but not limited to jeepneys, buses and school buses, taxis, vans, coasters, accredited/affiliated service vehicles of transportation network companies (such as Grab). Should the DOTR determine that the mandatory use of child restraint system is not feasible for PUVs, it shall recommend to Congress necessary legislative measures for safety and secure transportation of children in motor vehicles.

Any driver who shall fail to secure their child passenger falling under the coverage of this law in a child restraint system, or who shall allow the child to sit in the front seat of a motor vehicle shall be fined:

• P1,000 for the first offense
• P2,000 for the second offense
• P5,000 and suspension of driver’s license for a year for the third and succeeding offenses

The same penalties will be given to drivers who will use defective or substandard car seats or those which do not bear the PS mark or the ICC sticker and certificate.

However, LTO emphasized that violators will not be fined for now but will instead, be warned and given information materials about the law. According to LTO, the issuances of fines and imposition of driver’s license demerit points will be postponed for three (3) to six (6) months given that RA 11229 is a new law and in consideration of the current economic situation amid the pandemic.

*The foregoing memorandum/updates have been prepared for general information purposes only. The information presented should not be construed to create or constitute an attorney-client relationship, not intended as a solicitation, is not intended to convey or constitute legal advice, and is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter. We shall update you from time to time. Stay safe, everyone.

**Research by Anne Kathleen S. Vicho for Acubelaw