Gov’t outlines pending amendments to child restraint requirement under Road Traffic Act

The Government is amending the provision regarding the use of child restraint systems under the new road traffic laws.

Minister of Transport and Mining, Hon. Audley Shaw, informed that a regulation is to be inserted making reference to the type of child restraint required for the conveyance of children based on age and size in different types of vehicles.

“The child seat requirement will be a table added to the 13th schedule to set out what is required for different categories of vehicles based on the different age/size ranges and different types of restraints,” Mr. Shaw said.

He was speaking in the House of Representatives on Tuesday (February 7).

The Road Traffic Act, 2018 and Regulations were brought into effect on February 1, and since then, there has been feedback from the public regarding the use of child restraints.

The Regulations place the responsibility on the driver of a vehicle to ensure that every child is conveyed in a prescribed child-restraint system, under Section 73 of the Act.

“The realities of our public passenger transportation system and how it operates will place an undue burden on parents whose children need to travel in public transportation, whether accompanied by an adult or not,” Mr. Shaw said.

“The risk of the inability to access transportation services may exceed the risk associated with travel without using a child restraint system, and in this regard, the rules applicable to public transport vehicles will have to be less stringent than those for private vehicles,” he pointed out.

The Minister informed that under the updated requirements, in the case of licensed public passenger cars or buses, children under one year must be restrained by an adult.

In addition, one to three-year-olds may travel with no restraint or be restrained by an adult; three to six-year-olds may travel without restraint, restrained by an adult or a lap belt; six to nine-year-olds may travel without restraint or with a lap belt; and children over nine years old may travel without restraint, with a lap belt or a three-point seat belt.

Mr. Shaw said that only children who are of the weight and size to use an adult seatbelt are permitted to travel in the front passenger seat.

“In addition, where an adult is restraining a child, the adult should not be in the front. Children under one year old are to be restrained by an adult in all forms of transport,” he noted.

“All other children must be transported using appropriate restraint based on their size and weight. Guidelines have been set out so persons can determine what kind of restraint is applicable for different categories,” he pointed out.

The Minister said that in licensed taxis and buses, children are allowed to travel without restraint, but where a lap belt is available it should be used, while noting that if a child is of the size to use an adult belt, this may be used if available.

“In all instances, the driver must wear a seatbelt, whether operating privately or as public passengers,” Mr. Shaw said.

Meanwhile, the Minister said the implementation of the Act and its Regulations have evoked much-needed response from stakeholders, adding that the Government has a responsibility to create laws that benefit the people for the nation’s overall well-being.

“We have heard the feedback from the people and are prepared to take into consideration all the variables. However, it must be clear that there will be no compromise on the intent of the law and the safety of our people,” Mr. Shaw said.

He noted that “we have always been a Government that welcomes dialogue at the discussion table, and this has not changed. We welcome any feedback as we work to build a better Jamaica”.

Last year, more than 490 persons perished on the nation’s roads as a result of collisions.

Statistics indicate that on average, children under the age of 14 years represent just under three per cent of the total number of fatalities over the past six years.