Child seat legislation in other countries
Legislation in Argentina
As of January 10, 2018, Argentina has approved a regulatory change stating that “children under 10 years of age must travel in the back seat, using a Child Restraint System approved for that purpose, in relation to their weight and size”.
PENALTIES: This same regulation states in Article 30 that “Driving without the number of occupants being in proportion to the capacity for which the vehicle was built or failure to carry children under 10 years of age in the back seat with the approved child restraint devices corresponding to their weight and size, shall be sanctioned with a fine of 150 U.F. up to 500 U.F. and 5 points shall be subtracted from the driver’s license”.
The legal references are the following:
- Traffic Law 24.449 (269 KB)(contains the amendments made by Law 26.363, so it is the most updated) [accessed Jan 29, 2015]
- Decree 779/95 [accessed on April 17, 2015]. Amended by Decree 32/2018 (January 10, 2018)
- Decree 1716/2008 regulating the Traffic Law (598 KB)[accessed on Feb. 19, 2015]
Law No. 5294 establishes the mandatory use of the different CRS devices and prohibits all children from birth to 12 years of age, with a height of less than 1.50 meters or weighing less than 36 kg, from riding in the front seats.
Likewise, these child restraint systems must be duly approved and comply with the requirements established in any of the following standards:
- IRAM 3680-1 and 3680-2 (Argentina)
- FMVSS213 (United States)
- UNECER44/04 (European Union)
- AS/NZS 1754 (Australia and New Zealand)
- INMETRONBR 14,400 (Brazil)
Legislation in Bolivia
Legislation in Brazil
In Brazil, the law states that children must be protected, when traveling in the car, as follows:
- Children under ten years of age must ride in the rear seats, except for exceptions such as vans.
- The child may be transported in the front seat, with the respective restraint device, when the back seat of the vehicle only has a two-point seat belt (such belts do not allow the attachment of the devices regulated in Brazil), and provided that all care is taken (seat position with maximum backward movement, etc.).
- Children under 7 and a half years of age must use appropriate restraint devices; children of that age and older must wear seat belts, like all other occupants.
- The requirements for children of 7 years of age and under do not apply to public transport vehicles (such as for-hire vehicles), autonomous passenger transport vehicles (cabs), school vehicles and other vehicles with a gross vehicle weight of more than 3.5 tons (such as trucks and buses).
PENALTIES: According to Article 168 of the Traffic Code, it is a very serious infraction to transport children in a vehicle without complying with the regulations expressed therein, with the penalty of a fine or retention of the vehicle as an administrative measure until the infraction or irregularity is clarified.
The legal references are:
Legislation in Chile
In Chile, the law states that children must be protected, when traveling in the car, as follows:
- The use of seat belts is mandatory for front seat occupants. The same obligation shall apply to rear seat occupants of light vehicles, as defined by the Supreme Decree of the Ministry of Transportation and Telecommunications, when manufactured in 2002 or later.
- It is forbidden to transport children under 12 years of age in the front seats of cars, vans, trucks and similar vehicles, except for those with a single cab. Children under 12 years of age must always ride in the back seat of the vehicle, using a seat belt or appropriate child restraint system.
- Drivers are responsible for the mandatory use of child seats for children under 9 years of age, or 135 centimeters tall and weighing up to 33 kilograms, traveling in the rear seats of light vehicles, according to the requirements and schedule to be set by the regulations (effective March 2017)
- The law applies to all light vehicles, except for passenger transportation services by cab, in any of its modalities. In this sense, the law does not apply to motorcycles, nor to medium-sized vehicles such as school transport or ambulances, nor to heavy vehicles such as intercity buses or trucks.
Law 20.904 makes modifications regarding the minimum age for ride in a CRS and traveling in the rear seats.
There is also a specific law that regulates the requirements for child seats:
On the requirements for child seats for children under eight years of age traveling in the rear seats of light vehicles. It also establishes the mode of use and installation. Article 1 is important:
Article 1: on how to position the car seats and the safety measures to be adopted (as amended by Decree 155)
“Seats for children under 4 years of age traveling in the rear seats of light vehicles, referred to in Article 75 of DFL No. 1 of 2007, of the Ministries of Transportation and Telecommunications and Justice, which contains the consolidated, coordinated and systematized text of Law 18.290, of Transit, denominated for the purposes of this regulation as “the child safety seat or system”, shall comply, at least, with the safety, design and user information requirements indicated below, which shall be accredited before the Ministry of Transportation and Telecommunications, in the manner indicated in Article 2 bis”:
- It must provide protection in any position of use for which it was designed.
- If the system or safety seat is attached to the vehicle by means of one or more of the vehicle’s safety belts, the correct way to do so must be clearly indicated, both when the safety seat is installed forward-facing and when it is installed rear-facing; both concepts (forward, rear) for the purposes of this regulation, are in relation to the normal direction of travel of the vehicle.
- If the safety seat or system is to be used in combination with a vehicle seat belt, the correct arrangement www.bcn.cl – Biblioteca del Congreso Nacional de Chile of the straps must be clearly indicated by a picture permanently attached to the safety seat or system.
- In the case of child restraint systems or safety seats for transporting seated children, the straps or waist belt of the system or safety seat must have guides that allow the restraint force to be transmitted to the hips.
- In systems or safety seats that incorporate an integral harness and are installed facing forward in the vehicle, to prevent the submarining effect (slipping under the harness), either by impact or due to the child’s own movements, a crotch strap is also required.
- The buckles should be easy to operate and it should be possible to open them and release the child from the system or safety seat by simply pressing a button or other similar mechanism. The buckle opening must allow the child to be removed independently from the car seat and its components and if the seat includes a crotch strap, it must be released when operating the same buckle.
- It should not be possible to leave the buckle in a partially closed position and it should be locked only when all parts of the buckle have been properly adjusted. The buckle release area must be red with no other areas of the buckle being red.
- The design of the car seat must provide adequate protection even when the child is asleep. The design of rear-facing car seats should consider a head restraint for the child.
- The security system or seat must contain the following information clearly and in Spanish:
9.1 Manufacturer’s name or registered trademark.
9.2 Year of manufacture.
9.3 Child’s weight range for which it was designed.
9.4 Address to which the purchaser may write to obtain further information on the most appropriate use of the safety seat or system in a specific car or other aspects.
9.5 Recommendations for replacement in the event of a collision or impact.
9.6 Expiration year indicated by the manufacturer.
- Safety systems or seats designed to be rear-facing must be permanently and visibly labeled with a warning about the danger of placing them in vehicle seats equipped with front airbags, warning about the risk of damage that this orientation entails.
- Safety seats or systems designed to be either rear-facing or forward-facing must be permanently and visibly labeled with a warning not to be used forward-facing if the child’s weight has not reached a given limit or until certain height criteria has been exceeded.
- The safety system or seat must be accompanied by clear instructions in Spanish, including at least the following:
12.1 Weight range for which the safety system or www.bcn.cl – Biblioteca del Congreso Nacional de Chile seat is intended.”
PENALTIES: It is considered a very serious offense to carry children under 12 years of age in the front seats, and from March 2017 it will also be a very serious offense not to use a child restraint system.
Currently, child restraint systems (CRS) marketed in Chile must comply with European or U.S. safety regulations , as indicated in Decree 176. This is to ensure that the car seats meet the minimum quality standards and have been subjected to the necessary safety tests.
This regulation is mandatory for car seats for children up to 4 years of age, but from the second half of 2016 it will be mandatory for CRS for children from 4 to 8 years of age, and in March 2017 it will be mandatory for car seats transporting children under 12 years of age.
All car seats must have a yellow label with black lettering that must be attached to the car seat stating that the CRS has passed the corresponding safety tests.
This is what the sticker should look like, as shown in the infographic prepared with CONASET:
Corresponding legal references:
- Statutory Decree that fixes the revised text of the previous law (216 KB) (reference extracted from Article 75): [Accessed Jan 22, 2019]
- Child restraint systems:
- Decree 155 of 2014 CRS (42 KB) [accessed Jan 22, 2019]
- Decree 176 of 2006, on the rules for the use of CRS (30 KB), [accessed Jan 22, 2019]
- Law number 20.904 which increases penalties for non-use of safety devices for minors in private vehicles.
Legislation in Colombia
In Colombia, the law states that children must be protected, when traveling in the car, as follows:
- Children under 10 years of age may not ride in the front seat of the vehicle.
- For safety reasons, children under 2 years of age may only travel in the back seat using a seat that guarantees their safety and allows them to be secured in it, provided that the child only travels with the driver.
PENALTIES: a fine of 8 minimum wages will be imposed, in addition to the immobilization of the vehicle if children under 10 years of age are transported in the front seats.
The corresponding legal reference is LAW 769 of 2002 (August 6, the reference for which has been extracted from Article 82) whereby the National Land Traffic Code is issued and other provisions are dictated.
Legislation in Costa Rica
On the one hand, we have references to child safety in Costa Rica’s Traffic Law 9078.
- According to Article 94 of the Costa Rican Traffic Law 9078
“Persons under twelve years of age who are less than 1.45 meters tall must ride in the rear seat of the vehicle. For this purpose, there must be a suitable child restraint system, the technical specifications of which shall be defined in the regulations. Exceptionally, they may travel in the front passenger seat, using an appropriate child restraint system, when a duly accredited medical reason so requires, or when due to the constructive nature of the vehicle, it does not have rear seats.
Excepted from the use of child restraint systems are public transport vehicles of persons in the form of cabs/taxis, special regular cab services, buses or vans on regular routes, and buses or vans for special services, except in the special student transport service when this is provided to persons under twelve years of age who are less than 1.45 meters tall”.
PENALTIES: According to Article 144 of Costa Rican Traffic Law 9078, a fine of 189,000 colones is imposed on drivers who allow children under twelve years of age and less than 1.45 meters tall not to use safety devices.
On the other hand, there is a regulation for the carrying and use of CRS. It includes aspects such as the elements belonging to the CRS, the division of the seat groups according to age, weight and size and indicates in detail the correct installation of these devices.
The second article establishes the division of child restraint system groups determined according to age, weight and size of the child:
|Group 0||0 months to 1 year||Less than 10 Kg||Up to 75 cm|
|Group 0+||0 months to 1 year||Less than 13 Kg||Up to 75 cm|
|Group 1||1-4 years||9-18 Kg||75-110 cm|
|Group 2||4-6 years||15-25 Kg||110-145 cm|
|Group 3||6-12 years||22-36 Kg||110-145 cm|
Children belonging to group I “must travel in the vehicle in a safety seat-type device, which offers lateral protection against the possible entry of a blunt object into the vehicle. This device must be placed in a forward-facing position, in the center of the rear seat (provided that the device can be correctly installed in that seat, otherwise it must be installed in a seat that allows its correct installation), in the case of a single device. If two children are within the same range, the child with the lowest weight shall be placed in the center and the second behind the passenger seat; if there is a third child, it shall be placed behind the driver’s seat”.
Children in group II “must travel in the vehicle using a booster seat or booster cushion. These devices allow the seat belt to fit properly over the collarbone and pelvis and prevent the child from sliding under the seat belt, known as “submarining”. The device must have a backrest to provide lateral protection to the occupant in the event of a blunt object entering the vehicle. This device must be fitted in a forward-facing position. All children in this range must travel in the rear of the vehicle, in one of the side positions (provided that the device can be correctly installed in that seat, otherwise it must be installed in the seat that allows its correct installation) using the vehicle manufacturer’s three-point seat belts or in the center if the vehicle has a three-point belt in that position. Vehicles originally intended to be equipped with a two-point belt may be adapted accordingly.
Children in group III “must travel in the vehicle using a booster seat or booster without a backrest. This device must be fitted in a forward-facing position. All children in this range must travel in the rear, in one of the side positions (provided that the device can be correctly installed in that seat, otherwise it must be installed in the seat that allows its correct installation) using the vehicle manufacturer’s three-point seat belts or in the center if the vehicle has a three-point belt in that position. Vehicles originally intended to be equipped with a two-point belt may be adapted accordingly.”
The legal references are the following:
Legislation in Cuba
References can be found in the Cuban Traffic Code:
- Article 97 paragraphs 7 and 8 of the Cuban Traffic Code
“The driver of a vehicle is obliged to focus all their attention on its control and direction and avoid any reason for distraction, therefore the following is prohibited:
- Driving with children under 12 years of age in the front seat
- Transporting children under two years of age unaccompaniedby adults or without special attachments intended for these purposes”
Corresponding legal references:
- Traffic Law (806 KB) [accessed: Jan. 22 , 2019]
Legislation in Ecuador
- Drivers may not transport in the front seats children under 12 years of age or those who, due to their height, cannot be restrained by the safety belts, and must travel in the rear seats of the vehicle, taking all the safety measures established by regulations.
- Drivers are obliged to carry the necessary equipment in their vehicles when transporting minors or infants who require this, as well as when transporting handicapped persons.
- Drivers shall take the necessary safety measures to prevent occupants or passengers, especially minors or infants, from traveling while standing inside a vehicle, to prevent them from sticking their limbs out of the window, and for any reason from opening the doors of the vehicle when it is in motion.
- Passengers in their own mode of transportation have the following obligations:
[…] Refrain from carrying children on their lap or next to the driver;
- In the event that the passengers are children under 12 years of age, the adults in charge are obliged to comply with the following safety regulations:
they must be seated in the rear seats of the vehicle, always with the seat belt correctly positioned and according to their weight and age, or using a safety seat, in accordance with the regulation issued by the Board of Directors of the National Traffic Agency;
- As part of the prevention and safety standards for the transportation of children and adolescents, school transportation vehicles shall be subject to speed limits and driving conditions, the use of signs and distinctive signals that allow their proper identification, and which alert other road users and avoid both risks during their operation and traffic accidents, as well as having adequate spaces, approved child safety devices, and seat belts according to the type of passengers.
- Traffic Law [accessed Jan 22, 2019]
- Traffic Regulations: (references taken from Articles 277, 278, 279, 298, clause 1 and 62 – the latter two on school transport and personal transport) [accessed Jan 22, 2019]
Legislation in El Salvador
The Regulations state the following:
According to Article 183 of the General Traffic Regulations of El Salvador,
“To transport children under two years of age or whose weight does not exceed fifteen kilograms in a motor vehicle, a safety seat duly fastened by safety belts must be provided”.
- Transportation and Transit Regulations: [accessed 22 January 2019]
Legislation in the Philippines
The law requires children of less than 150 cm and under 12 years of age to travel in the rear seats of the vehicle with a child restraint system suitable for the age, height and weight of the child.
Failure to comply with the regulations carries a penalty of P1,000 for the first offense and P2,000 for the second. The penalty is increased to P5,000 for subsequent violations. Likewise, if they have more than three penalties, their driver’s license may be withdrawn for one year.
The regulations include certain exceptions:
- In medical emergencies.
- When the transported child has a special medical or developmental condition.
- Other similar circumstances.
Of course, the minor must always be accompanied by an adult.
The child restraint system must be approved under current EU regulations (R44-04 and R-129) and be marked with the Philippine standard for marketing in the country: Philippine Standard (PS). The Import Authorization Certificate label must be present on the child seat.
The regulations also do not allow the manufacture, use, import, sale, distribution, donation, lease, advertisement, promotion or marketing of deficient or non-approved child restraint systems.
Legislation in Florida (USA)
As a summary, in Florida the Law regulates the use of CRS as follows:
Children under six years of age must use a child restraint system:
- Children under four years of age must use a specific child seat or a child seat integrated into the vehicle seats.
- Children aged four and five years old can use a specific seat, an integrated seat or the seat belt.
When registering a vehicle, information on these regulations will be provided.
60 USD fine + points on the driver’s license. The fine can be replaced by a course on child safety in the car.
The police control is of the “primary” type, which means that the police can stop a vehicle and fine its driver simply when observing that one of the child occupants is not using the proper seat. Specifically, the police officer is trained to do this for children aged six years and older riding in the front seat and for children between the ages of 6 and 17 riding in any seat.
The complete regulations can be consulted at the following link:
Legislation in Guatemala
There is no law in Guatemala regarding the use of child seats in vehicles. In fact, it is stated that “drivers and occupants whose height is less than 1.50 meters may circulate without seat belts or other authorized restraint elements”.
The corresponding legal reference (323 KB) is the GOVERNMENTAL AGREEMENT NUMBER 273-98 of May 22, 1998 “Transit Regulations”.
Since laws change periodically, it is recommended that you check the validity of this information, current as of January 22, 2019.
Legislation in Honduras
In Honduras, the only reference to the use of child restraint systems is Article 99 of the Traffic Law, which states that “these are less serious infractions: … driving without the use of seat belts for the driver and passengers, and not ensuring the protection of children under five (5) years of age, who must be in the back seat of the vehicle”.
The corresponding legal reference (535 KB) is the GOVERNMENTAL AGREEMENT NUMBER 2005-98 of May 22, 1998 “Transit Regulations”.
Since laws change periodically, it is recommended that you check the validity of this information, current as of February 12, 2019.
Legislation in Massachusetts (USA)
In Massachusetts, the use of CRS are regulated as follows:
Section 7AA. Passengers in motor vehicles under 8 years of age must be in child restraint devices unless they are taller than 145 cm. The restraint must be fastened and installed according to the manufacturer’s instructions.
Except for the cases mentioned in the previous paragraph (children under 8 years of age), passengers under 13 years of age shall wear their seat belts properly fastened and adjusted according to the manufacturer’s instructions.
Exceptions: (1) passengers on school transport (2) passengers traveling in vehicles manufactured before July 1, 1966, which are not equipped with seat belts; (3) those physically incapable of using special seats, which must be certified in writing by a professional, stating the physical problem and the causes for not being able to carry such devices, the expert being subject to the responsibility of issuing or not issuing such certificate.
25 USD fine. The police control is of the “secondary” type, which means that the police cannot stop a vehicle and fine its driver simply when observing that one of the child occupants is not using the proper seat, but must have previously stopped the vehicle for some other reason. In this case, occupants thirteen years of age and older traveling in any seat are covered by this rule. (NOTE: FOR THIS REASON, 0 POINTS ARE ASSIGNED IN THE “INSPECTION” SECTION)
The regulations can be consulted at the following link:
Legislation in Mexico
In the state of Mexico, for example, “drivers are prohibited… from transporting children under 12 years of age in the front seats of vehicles. In the rear seats, child seats for children up to 5 years of age must be used for this purpose”. In the state of Monterrey, “children up to 4 years of age and/or less than 95 centimeters tall must use a baby carrier and be restrained by a seat belt, and must travel in the back seat when the vehicle is equipped with a seat belt”. (Article 6 of the Metropolitan Transit Regulation)
Based on this, the following table (105 KB) has been prepared :
Legislation in Nicaragua
In this country, the law states the following:
- Article 37. Use of safety devices in vehicles and helmets for motorcyclists. Drivers of motor vehicles must guarantee and ensure that children under seven years of age use appropriate child seats or child restraint systems. It is forbidden to transport children under seven years of age in the front seat. Drivers are obliged to use the aforementioned safety devices and other protective elements established in the regulations.
PENALTIES: (according to Article 26 point 29) of Traffic Law 431 of 2014, transporting children under seven years of age in front or rear seats without a seat belt or child restraint system carries a fine of 350 cordobas (C$).
The legal reference is the following:
- Traffic Law (449 KB) [accessed on 12/02/2019]
Legislation in Ohio (USA)
In brief, the regulations state that special restraint devices must be used until the age of eight years or when the child reaches a height of approximately 145 cm. Therefore, the groups are divided as follows:
- For children under 4 years of age or 40 pounds (18 kg), approved child seats must be used
- For children under 8 years of age, unless they are taller than approximately 145 cm, the use of booster seats is mandatory
- For children between 8 and 15 years of age, the use of seat belts or approved child seats (booster seats) is mandatory.
- From 15 years of age, adult seat belts.
This does not apply to cabs or public safety vehicles.
Non-compliance is punishable by a misdemeanor and a fine of at least $25.
The references are the following:
Legislation in Panama
Some references can be found in:
- Article 127 of the Traffic Regulations of Panama:
“Passengers under five (5) years of age may not ride in the front seat of the vehicle, except in single-cab vehicles. In the case of children under two (2) years of age traveling alone in the back seat, they must use a seat that guarantees their safety and allows them to be fixed to it.
- Article 132 paragraph m) of the Traffic Regulations of Panama:
“It is prohibited for vehicle drivers to:
- m) Transport children under two (2) years of age in the back seat of the vehicle without using an adequate seat”.
PENALTIES: According to Article 241 – point 33 of the table of offenses, transporting minors without security measures carries a fine of 5 points and 100 balboas.
Corresponding legal references:
Traffic Code (836 KB) [accessed on 12/02/2019]
Legislation in Paraguay
References to Child Restraint Systems can be found in:
- Article 58 paragraph g) of the National Traffic Law of Paraguay:
“Circulation requirements. To be able to circulate with a motor vehicle, it is essential:
- g) That the number of occupants is related to the capacity for which the vehicle was built and that they do not disturb the driver. Children under 10 (ten) years of age must ride in the back seat, and children under 5 (five) years of age in a special safety seat“.
Corresponding legal references:
Legislation in Peru
Law 30297 of December 2014 (updated January 2015) establishes the mandatory nature (according to Articles 1 and 2) of the use of CRS inside vehicles:
Article 3 classifies the different groups of children according to age:
|Group 0||Up to one year||They will travel using a CRS and in a rear-facing position, i.e., in the opposite direction of travel.|
|Group I||Between 1 and 3 years||They will travel using a CRS according to their size|
|Group II||Between 3 and 12 years||With a seat belt|
- Traffic Code (564 KB) (single ordered text), [accessed on Feb 13, 2019]
- Child Restraint Systems:
Law 30297 of 2015, which establishes the use of CRS in vehicles (22 KB), [accessed Feb 13, 2015]
Legislation in Dominican Republic
Article 69 of Law 63-17, on Mobility, Land Transportation, Transit and Road Safety in the Dominican Republic, establishes that: “Children up to the age of twelve (12) years shall be transported in the rear seats of the vehicle, except in cases involving single (1) cab pickup-truck-type vehicles. Children up to six (6) years of age shall be transported in a special infant seat in a forward-facing position and children over six (6) years of age and up to twelve (12) years of age shall use a booster seat that allows them to safely use the rear seat belt.
PENALTIES: Violation of this provision shall be sanctioned with a fine equivalent to one (1) to three (3) minimum salaries of the prevailing minimum wage in the centralized public sector, and a points penalty on the license as determined by the regulations. No vehicle may start moving until the minors are located in the places indicated by law.
Corresponding legal references:
- Law 63-17, on Mobility, Land Transportation, Transit and Road Safety of the Dominican Republic (1 MB) (accessed on Feb 13 2019)
Legislation in Turkey
Children under 150 cm tall and weighing less than 36 kg must use an appropriate child restraint system in cars of type M1, M1G, N1, N1G, N2 and N3. However, children who are at least 135 cm tall can use a seat belt instead of a child restraint system as long as they do not occupy a front seat.
Children under three years of age cannot be carried in M1, M1G, N1, N1G, N2 and N3 type vehicles.
Children in commercial cabs on the road must use a child restraint system. If this does not exist, they must sit in the back seat.
Even if an automatic air bag locking system is available in the vehicle, children cannot be carried in a passenger seat protected by the front air cushion using a rear-facing child restraint system before this feature has been mechanically disengaged.
Children 3 years of age and older must use an appropriate child restraint system in M2 and M3 type cars.
For more information see the following link.
Legislation in Uruguay
- Article 5 of Uruguay Decree 121/989 (attached at the end of the PDF on Uruguay’s 2009 National Traffic Regulations):
“In any motor vehicle with more than two wheels, minors under 12 years of age inclusive, may ride only in the rear seats.”
- Law 19.061. Provisions relating to the transport and restraint of children and adolescents in vehicles.
The first article establishes the obligation for children between 0 and 12 years of age to travel in the rear seats with the restraint systems established, as well as any child measuring less than 1.50 meters. According to Article 3, such devices must comply with the relevant regulations.
- Decree 81/2014 on the regulation of Law 19.061.
According to Article 3 of the Decree, CRS must comply with the specifications set forth in Annexes I, II, III, IV and V of the Decree.
*This decree, 81/2014, has several annexes, which include the certification of CRS, helmets and other elements. All of these are attached in the folders.
Corresponding legal references:
- Traffic Law of Uruguay (414 KB) [accessed on Feb 13, 2019]
- National Traffic Regulations (423 KB) [accessed on Feb 13, 2019]
- Child Restraint Systems:
- Law 19061: transport and restraint of children and adolescents in vehicles (258 KB) [accessed on Feb 13, 2019
- Use of seat belts in school transport (70 KB) [accessed on Feb 13, 2019]
- Regulatory Decree 81/2014 of the Law 19061 (951 MB): [Accessed on Feb 13, 2019]
- Regulations and annexes (interesting because these delve further into the import and certification processes of CRS), [accessed on Feb 13, 2019]
Legislation in Montevideo:
Law No. 19.061 on Traffic and Road Safety which complements Law No. 18.191, establishes in its Article 1 that ” children from 0 to 12 years of age shall be obliged to travel in the rear seats in accordance with the restraint systems and categories established in the regulations established by the Executive Power”.
It also states that “the same obligations of the preceding paragraph shall apply to adolescents up to 18 years of age who are less than 1.50 meters tall“.
In addition, Article 2 “prohibits drivers of mopeds, motorcycles and similar vehicles from transporting children or adolescents of any age who cannot reach the footrests of these vehicles. The Executive Branch shall regulate alternative footrest systems”.
Legislation in Venezuela
- Article 73 paragraph 7 of the Venezuelan Land Transportation Law:
“Every driver of a motor vehicle is subject to the following obligations:
[…] To ensure that children under ten (10) years of age occupy the rear seats of the vehicle. In the case of infants, they must be transported, in all cases, in special seats for that purpose.”
- Article 85 of the Venezuelan Land Transportation Law:
“In all cargo vehicles with a capacity greater than three thousand five hundred kilograms (3,500 Kgs), the transportation of persons under ten (10) years of age is not allowed; with the exceptions provided for in the Regulations of this Law. Children under ten (10) years of age, disabled persons and pregnant women are not allowed to travel in the front seats of public land transportation vehicles; to this end, vehicles must have specially equipped spaces and seats.
PENALTIES: Article 170 of the Venezuelan Land Transportation Law, point 11: it is qualified as ‘less serious’ (5 Tax Units) to transport children under 10 years of age in the front seats of the vehicle.
Failure to use seat belts or to ensure that the other occupants of the vehicle use them properly will result in a penalty of 10 Tax Units (Article 169).
Corresponding legal references: