Section
1. Short Title. — This
Act shall be known as the "Seat Belts Use Act of 1999."
Sec.
2. Declaration of Policy.
— It is hereby declared the policy of the State to secure and safeguard
its citizenry, particularly the passengers and drivers of private and
public
motor vehicles, from the ruinous and extremely injurious effects of
vehicular
accidents. Towards this end, the State shall pursue a more proactive
and
preventive approach in order to secure the safety of the passengers and
drivers at all times with the mandatory enforcement of the use of seat
belt devices by the drivers and front seat passengers of private and
public
motor vehicles.
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Sec.
3. Definition of Terms.
— For purposes of this Act, the term:
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(a) "Motorist"
shall refer to the driver of a motor vehicle.
(b) "Seat
belt device" shall refer to any strap, webbing or similar device in the
form of pelvic restraint or lap belt, upper torso restraint or shoulder
strap or a combination thereof designed to secure a person in a motor
vehicle
in order to mitigate the results of any accident, including all
necessary
buckles and other fasteners, and all hardware designed for installing
such
seat belt device in a motor vehicle.
(c) "Motor
vehicle" shall refer to both private and public motor vehicle. The term
shall not include the tricycle and motorcycle.
(d) "Private
motor vehicle" shall refer to any of the following:
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(1) Any
motor vehicle owned by individuals and juridical persons for private
use;
(2) Any
motor vehicle owned by the National Government or any of its agencies,
instrumentalities or political subdivisions, including government-owned
or controlled corporations or their subsidiaries for official use; and
(3) Any
diplomatic vehicle.
(e) "Public
motor vehicle" shall refer to public utility vehicle or vehicle for
hire.
(f) "Motor
vehicle of running engine" shall refer to a vehicle as stated herein,
operating
and standing on any road or thoroughfare with engine running.
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(g) "Front
seat passengers" shall refer to persons on board a public utility
vehicle
seated at the right side beside the driver for public utility jeepneys
(PUJs) and to passengers seated at the right side beside the driver and
those at the first row immediately behind the driver in the case of
public
utility buses (PUBs) and to passengers seated on the right side beside
the driver for private motor vehicles.
Sec.
4. Mandatory Use of Seat
Belts. — For their own safety, the driver and front seat passengers of
a public or private motor vehicle are required to wear or use their
seat
belt devices while inside a vehicle of running engine on any road or
thoroughfare:
Provided, That for private vehicles, except for jeeps, jeepneys, vans,
buses and such other private vehicles as may be determined in the
Implementing
Rules and Regulations (IRR), front and back seat passengers are
likewise
required to use their seat belt devices at all times.
In
the case of public motor vehicles, the driver shall be required to
immediately
inform and require the front seat passengers upon boarding a vehicle of
running engine to wear the prescribed seat belts. Any passenger who
refuses
to wear seat belts shall not be allowed to continue his/her trip.
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For
special public service vehicles such as school services and other
similar
vehicles as may be determined by the IRR, seat belt devices should be
provided
and used by both drivers and front seat passengers as defined herein
and
the first row passengers immediately behind the driver at all times
while
inside a vehicle of running engine.
Operational
motor vehicles, both public and private,
which are not equipped with the
required seat belt devices, are given one (1) year from the issuance of
the IRR by the Land Transportation Office (LTO) to retrofit appropriate
seat belt devices in their vehicles.
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Sec.
5. Children Prohibited
to Sit in Front Seat. — Infants and/or children with ages six (6) years
and below shall be prohibited to sit in the front seat of any running
motor
vehicle.
Sec.
6. Coverage. — This Act,
in the interest of public safety, shall apply to drivers and front seat
passengers of public and private motor vehicles and other vehicles as
may
be determined by the IRR thereon.
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Sec.
7. Provisions for Seat
Belt. — This Act further requires car manufacturers, assemblers and
distributors
to ensure that seat belt devices are properly installed before the
distribution
and sale of the said vehicles as determined by the IRR thereon:
Provided,
That manufacturers, assemblers and distributors of jeepneys may install
a pelvic restraint or lap belt only in the driver's and front seat
passengers'
seats and this shall be considered as substantial compliance with the
requirements
of this Act.
Sec.
8. Importation. — It shall
be unlawful for any person to import or cause the importation of any
vehicle
without appropriate and operational seat belt devices as required
herein
and in accordance with the IRR thereon.
Sec.
9. Type of Seat Belt Devices
Required. — The seat belt devices required to be installed in all motor
vehicles shall comply with the standards and specifications established
by the Bureau of Product Standards of the Department of Trade and
Industry
(DTI) in consultation with the LTO of the Department of Transportation
and Communications (DOTC): Provided, That the seat belt devices
installed
in imported second-hand motor vehicles shall conform to the standards
and
specifications of the Bureau of Product Standards for purposes of
importation
and registration.
Sec.
10. Registration. — No
new motor vehicle shall be allowed initial registration and succeeding
renewal of registration unless it is equipped with the necessary seat
belt
devices. Renewal of registration of in-use vehicles without necessary
seat
belt devices shall not be allowed one (1) year after the passage of the
IRR as specified in Section 11 of this Act. For this purpose, the LTO
shall
include in the implementing guidelines a system of vehicle registration
where compliance with Section 4 hereof is required.
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Sec.
11. Period of Implementation.
— The LTO shall be the agency primarily responsible in the enforcement
and implementation of this Act. Within sixty (60) days from the
effectivity
of this Act, the LTO shall formulate and issue the necessary
implementing
rules, regulations and guidelines and shall mobilize available
resources
to assure the effective implementation of this Act: Provided, That the
LTO or its successor tasked with the implementation of this Act may
require
the use of special car seats for infants, if it is deemed necessary.
Sec.
12. Penalties and Fines.
— In the enforcement of this Act, the LTO shall impose fines against
drivers,
operators, owners of vehicles, manufacturers, assemblers, importers
and/or
distributors for violation of this Act.
The
following shall be the basis in defining fine and penalty provisions of
the IRR to be promulgated pursuant to Section 11 hereof, provided that
six (6) months grace period shall be allowed to lapse to conduct a
nationwide
information campaign:
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(1) On
the driver
(a) For
failure to wear the prescribed seat belt devices and/or failure to
require
his passengers to wear the prescribed seat belt device, a minimum fine
of One hundred pesos (P100) but not to exceed One thousand pesos
(P1,000)
for the first violation; a minimum fine of Two hundred pesos (P200) but
not to exceed Two thousand pesos (P2,000) for the second violation; and
a minimum fine of Five hundred pesos (P500) but not to exceed Five
thousand
pesos (P5,000) and suspension of driver's license for a period of one
(1)
week for the third and succeeding violations;
(b) Public
utility vehicles shall post appropriate signages instructing front
seat
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passengers
to wear seat belts when inside the vehicle. Non-compliance hereof will
hold both the driver and the operator liable and shall be fined a
minimum
of Three hundred pesos (P300) but not to exceed Three thousand pesos
(P3,000)
for every violation; and
(2) On
any manufacturer, assembler, importer and distributor for every unit
found
without seat belt devices installed prior to its distribution to the
public,
a minimum fine of Five thousand pesos (P5,000) but not to exceed Ten
thousand
pesos (P10,000) and suspension of the license to manufacture, assemble,
import or distribute for a period of one (1) year for the first
violation;
a minimum fine of Ten thousand pesos (P10,000) but not to exceed Twenty
thousand pesos (P20,000) and suspension of the license to manufacture,
assemble, import or distribute for a period of two (2) years for the
second
violation; and a fine of Twenty thousand pesos (P20,000) but not to
exceed
Fifty thousand pesos (P50,000) and suspension of the license to
manufacture,
assemble, import or distribute for a period of five (5) years for the
third
violation.
Sec.
13. Nationwide Public
Information Campaign. — (a) The LTO, in coordination with the
Philippine
Information Agency (PIA) the Department of Education, Culture and
Sports
(DECS) and private agencies and organizations, shall undertake a
regular
nationwide Information, Education and Communication (IEC) campaign for
the attainment of the objectives of this Act. The campaign shall stress
the safety and health value of seat belts to support the most effective
enforcement of this Act.
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(b) The
LTO, in coordination with the local government units, shall likewise
utilize
the services of citizen groups and community organizations for the
promotion
of public safety awareness in observance of this Act.
(c) The
fines that will be collected for the enforcement of this Act shall be
used
exclusively for the implementation of the provisions of this Act,
including
the necessary promotion campaigns for the use of seat belt devices.
Sec.
14. Separability Clause.
— If any provision, or part hereof, is held invalid or
unconstitutional,
the remainder of the law or provision not otherwise affected shall
remain
valid and subsisting.
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Sec.
15. Repealing Clause.
— Section 34, Article IV of Republic Act No. 4136 is hereby amended and
any law, executive order, decree, issuance, ordinance, rule and
regulation
or any part thereof contrary or inconsistent with the provisions of
this
Act is also hereby repealed, modified or amended accordingly.
Sec.
16. Effectivity Clause.
— This Act shall take effect fifteen (15) days after its publication in
at least two (2) national newspapers of general circulation.
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Approved:
August 5, 1999
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