Summary.
The bill establishes a framework for transporting children in motor vehicles operating throughout Panama when they carry children under 150 centimeters tall. It defines child restraint systems, their components, anchorages and orientations, as well as motor vehicles and digital platforms for selective transport services. It excludes taxis, registered school transport vehicles, commercial vehicles primarily used to carry goods, privately driven transport hired through digital platforms, emergency vehicles and essential services, and collective public transport. Its technical definitions refer to FMVSS213, issued by the National Highway Traffic Safety Administration (Administración Nacional de Seguridad del Tráfico), and ECE R129, a regulation of the United Nations Economic Commission for Europe (Comisión Económica para Europa de las Naciones Unidas), also identified as UNECE. The text also defines the United Nations Economic Commission for Europe (COMISIÓN ECONÓMICA DE LAS NACIONES UNIDAS PARA EUROPA) and CEPE in connection with the approval of child restraint devices.
In vehicles covered by the bill, children under 150 cm tall must use child restraint seats at all times and sit in the rear seat. Children under 2 years old must ride in seats facing against the direction of travel. A child may occupy the front seat of a single cab automobile if an appropriate restraint seat meeting safety specifications is used. The bill exceptionally permits transport without a restraint seat in private vehicles during a medical emergency or another critical threat to a child's health or life, when waiting for emergency services is not feasible and prompt transport is crucial for immediate care. Children under twelve may not ride motorcycles on public roads.
Restraint seats must meet current international certification standards, including FMVSS 213 and European standards of the United Nations Economic Commission for Europe, such as Regulation No. 129, ECE R129 and Standard R44. Their materials must withstand accident forces in accordance with international standards. Labels must specify the applicable weight, age, height, orientation and seating position. Manufacturers must provide a visible label and manuals stating the manufacturing and expiration dates and illustrated instructions for installation, use and harness adjustment. Importation and sale of seats made under expired or no longer effective standards would be prohibited from the expiration of those standards. Seats made under Standard R44 may be used until December 31, 2030.
Community Boards (Juntas Comunales), municipalities, the Ministry of Public Works (Ministerio de Obras Publica) and other bodies, working with the Land Transit and Transportation Authority (Autoridad de Tránsito y Transporte Terrestre), would organize awareness campaigns and practical workshops for donors and beneficiaries. That Authority would award public recognition and certificates of appreciation for donated seats. A driver transporting a child without an appropriate seat would face, for a first offense, a fine of fifty balboas (B/. 50.00), 5 points and mandatory free training; for a second offense, two hundred balboas (B/. 200.00), 5 points and further mandatory free training; and, for a third or subsequent offense, five hundred balboas (B/. 500.00) and 5 points for each new offense, an intensive course and license suspension for up to three months. The Land Transit and Transportation Authority (Autoridad del Tránsito y Transporte Terrestre) could adjust these penalties under current regulations without reducing or waiving them.
The National Customs Authority (Autoridad Nacional de Aduanas) would ensure that imported seats meet international standards. The bill repeals article 7 of Law 9 of 1993, assigns enforcement to the Land Transit and Transportation Authority and the National Police (Policía Nacional), and directs the Executive Branch (Órgano Ejecutivo) to issue implementing regulations. It would take effect ninety days after promulgation. The provisions concern these public bodies, as well as drivers, families, manufacturers, importers, sellers and donors of child restraint seats.
What it proposes.
- Use and positioning of child restraint seats in motor vehicles.
- Certification, labeling, importation and sale of child restraint seats.
- Community training and penalties for noncompliance.
Who it would affect.
- Drivers of motor vehicles covered by the bill.
- Children under 150 centimeters tall transported in those vehicles.
- Manufacturers, importers and sellers of child restraint seats.
- Children under twelve riding motorcycles.
Key points.
- The bill covers motor vehicles carrying children under 150 centimeters tall and excludes the listed categories of transport.Arts. 2-3
- Children under 150 cm tall must use a restraint seat and ride in the rear; children under 2 must face against the direction of travel.Arts. 7-9
- It provides exceptions for single cab automobiles and emergency transport in private vehicles, and bars children under twelve from riding motorcycles.Arts. 10-12
- It requires international certification, durable materials, classification labels and visible instructions for installation and use.Arts. 13-16
- It prohibits importing or selling seats made under expired standards and permits seats made under Standard R44 to be used until December 31, 2030.Arts. 17-18
- It calls for community campaigns and workshops and provides incentives for donors of child restraint seats.Arts. 19-20
- It escalates fines, points, training and license suspension for repeat offenses, and allows penalties to be adjusted without reduction or waiver.Arts. 21-22
- It assigns import oversight, enforcement and rulemaking responsibilities, repeals article 7 of Law 9 of 1993 and sets its effective date.Arts. 23-27