The rolling out of the new Road Traffic Act on February 1, 2023, hit a nerve and caused an uproar among public passenger vehicle operators. The section of the new law that governs the use of restraint systems for transporting children up to 12 years old shifts the burden of providing car seats on public transport operators. The operators thought the particular law section needed more fair and manageable. As a result, they withdrew their service and refused to carry children.
The Minister tabled the matter in parliament for discussion, and Government listened and promised to make the necessary amendments to the new Act.
In his presentation in Parliament on Tuesday, February 7, 2023, the Minister of Transport, Audley Shaw, stated that the Government has listened to the complaints and has moved to effect changes. However, he argued that a compromise is necessary given the realities of public transportation in Jamaica.
There may be more amendments, but the ones discussed today only affect licensed public passenger cars and buses.
Here are the proposed changes:
For licensed public passenger cars or buses –
- An adult must restrain children under 1-year-old.
- Children 1-3 years old may travel with a restraint system or restrained by an adult.
- Children 3-6 years old may travel without a restraint system or restrained by an adult or a lap belt.
- Children 6-9-years-old may travel without a restraint system or with a lap belt.
- Children over nine years old may travel without a restraint system or travel with a lap belt or travel with a 3-point seat belt.
- Only children of the weight and size of an adult are permitted to travel on the front passenger seat, and they must use the adult seat belt.
- Where an adult is restraining a child, such a person should not be in the front passenger seat.
- Children are allowed to travel without restraint, but where a lap belt is available, it should be used.
- If a child is of the size to use an adult seat belt, this may be used if available.
- In all instances, the driver must wear a seat belt whether operating privately or as a public passenger operator.
In licensed buses and taxis:
- Children are allowed to travel without restraint, but where a lap belt is available, it should be used.
- If a child is of the size to use an adult seat belt, this may be used if available.
- In all instances, the driver must wear a seat belt whether operating privately or as a public passenger operator.
Other forms of transportation:
- Children under 1 are to be restrained by an adult in all forms of transportation.
All other children should be transported using appropriate restraints based on size and weight.
Minister Shaw asserted that the Government has a responsibility to create laws that benefit the well-being of Jamaicans.
He noted that there would be no compromise on the law’s intent and the commuting public’s safety.