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Chapter 9 - part 3 - Obligations of drivers when transporting children

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Chapter 9 - part 3 - Obligations of drivers when transporting children


Reference articles from the legislation in force

OUG = GOVERNMENT EMERGENCY ORDINANCE no. 195 of December 12, 2002 (Road Traffic Code)
Regulation = REGULATION for the implementation of OUG 195/2002 (Road Traffic Code Regulation)

OUG - Article 36

(1^3) The drivers of motor vehicles are prohibited from transporting children up to 3 years old in motor vehicles that are not equipped with safety systems, except those intended for public passenger transport, as well as taxis if in the latter they occupy any seat other than the one on the front seat, under the conditions provided in the regulation. Children over 3 years old, having a height of up to 150 cm, may be transported in motor vehicles that are not equipped with safety systems only if they occupy, during transport, any seat other than the one on the front seat.

 

Regulation - Article 97

(1) Children with a height of up to 135 cm may be transported in motor vehicles equipped with safety systems for the driver and passengers, hereinafter referred to as safety systems, only if they are fixed or fastened with the help of a child restraint system installed in the motor vehicle.

(1^1) The provisions of paragraph (1) do not apply in the case of transport in motor vehicles intended for public passenger transport, as well as in taxis, if in the latter the child occupies any seat other than the one on the front seat. The transport of the child up to 3 years old, in this case, is carried out under the supervision of a person other than the driver of a motor vehicle.

(1^2) Children with a height of over 135 cm may be transported in motor vehicles equipped with safety systems only if they wear adult safety belts, adjusted so as not to pass over the neck or face area, or if they are fixed or fastened with the help of a child restraint system installed in the motor vehicle.

(1^3) By child restraint system, within the meaning of this article, is understood an assembly of components capable of securing a child in a sitting or lying position, which may include a combination of straps or flexible elements with a fastening buckle, adjustment devices, fastening elements and, in some cases, an additional seat and/or an impact shield, which may be anchored to a motor vehicle, or a system consisting of a partial child restraint device used together with the safety belt serving to secure the child or to fasten the device, such as, without being limited to these, child safety seat, booster cushion, which may be used together with an adult safety belt, infant carrier-basket, infant seat, guide strap, as well as belt and belt systems for children.

(1^4) The child restraint system provided in paragraphs (1) and (1^2) must be approved and suitable for the physical characteristics of the children. The classification, the regulations concerning the approval standards and the use of these devices according to the mass groups and the composition of the systems are provided in Annex no. 1F.

(1^5) The child restraint system is installed on the rear seats of the motor vehicle, in accordance with the installation instructions provided by its manufacturer, such as manual, leaflet or electronic publication with instructions indicating how and in which types of motor vehicles the system can be used safely.

(1^6) By way of exception from the provisions of paragraph (1^5), the types of child restraint systems which, according to the manufacturer's instructions, may also be installed on the front passenger seat by orienting them with the front towards the direction opposite to the normal direction of travel of the motor vehicle, are installed on this seat only if the driver deactivates the frontal airbag corresponding to the seat, even in the case of a motor vehicle equipped with a mechanism that automatically detects the presence of the installed device and blocks the activation of the frontal airbag corresponding to the seat, or if the motor vehicle is not equipped with a frontal airbag corresponding to the seat.

(1^7) The provisions laid down in paragraph (1^6) apply accordingly also in the case of the types of child restraint systems that, according to the manufacturer's instructions, may also be installed on the front passenger seat by orienting them with the front towards the normal direction of travel of the motor vehicle.

(1^8) It is exempted from the obligation to be fixed or fastened with the help of a child restraint system or to wear a safety belt during transport the child for whom a medical exemption certificate is issued on the grounds of a serious medical condition in which the condition that contraindicates the wearing of these safety systems must be mentioned.

(1^9) The transport of the child under the conditions provided in paragraph (1^8) is carried out on the rear seats of the motor vehicle. In the case of the child up to 3 years old, the transport is carried out under the supervision of a person other than the driver of a motor vehicle.

(1^10) The driver of a motor vehicle who transports a child under the conditions provided in paragraph (1^8) is obliged to have with him the medical certificate, in the content of which the validity period must be mentioned. The provisions provided in paragraph (6) apply accordingly.

(2) Children up to 3 years old may not be transported in motor vehicles that are not equipped with safety systems.

(2^1) By way of exception from the provisions of paragraph (2), children up to 3 years old may be transported under the supervision of a person other than the driver of a motor vehicle, in motor vehicles intended for public passenger transport, as well as in taxis if in the latter they occupy any seat other than the one on the front seat.

(2^2) By way of exception from the provisions of paragraph (2), children up to 3 years old for whom the medical certificate provided in paragraph (1^8) is issued are transported in motor vehicles that are not equipped with safety systems on the rear seats of the vehicle, under the supervision of a person other than the driver of a motor vehicle. The provisions provided in paragraph (1^10) apply accordingly.

(2^3) Children over 3 years old, having a height of up to 150 cm, may be transported in motor vehicles that are not equipped with safety systems only if they occupy, during transport, any seat other than the one on the front seats.

Regulation - Article 98

(2) Children up to 7 years old, if they are held in arms, as well as those up to 14 years old, are transported only in the motorcycle sidecar.

Regulation - Annex 1F

Classification, regulations on approval standards and use of child restraint systems according to mass groups and system components

1. Child restraint systems are classified into 5 mass groups:

a) group 0, for children with a mass of less than 10 kg;
b) group 0+, for children with a mass of less than 13 kg;
c) group I, for children with a mass between 9 and 18 kg;
d) group II, for children with a mass between 15 and 25 kg;
e) group III, for children with a mass between 22 and 36 kg.

2. Child restraint systems are divided into two classes:

a) an integral class which includes a combination of straps or flexible elements with a fastening buckle, adjustment device, fastening elements and, in some cases, an additional seat and/or an impact protection shield, which may be anchored by its own integral strap or its own integral straps;
b) a non-integral class which may include a partial child restraint system which, when used together with the safety belt of an adult surrounding the child's body or fastening the device in which the child is located, forms a complete child restraint system.

3. Child restraint systems are used according to the physical characteristics of the children in accordance with:

a) the corresponding mass group for children, in the case of child restraint systems approved according to the standards provided by Regulation 44/03 of the Economic Commission for Europe of the United Nations or Council Directive (77/541/EEC) of 28 June 1977 on the approximation of the laws of the Member States relating to safety belts and restraint systems of motor vehicles;
b) the height and maximum mass of the occupant for whom the child restraint system is intended, as indicated by the manufacturer, in the case of child restraint systems approved according to the standards provided by Regulation No. 129 of the Economic Commission for Europe of the United Nations on uniform provisions concerning the approval of child restraint systems used on board motor vehicles.




If you cannot/do not wish to watch the AUDIO-VIDEO version of the course, you can read the text version illustrated with images.

Text version Chapter 9 - part 3 - Obligations of drivers when transporting children

Road Traffic Code - Obligations of drivers when transporting children

To begin with, we must understand the following two concepts:

Safety system: refers to the safety belts.

Child restraint system: refers to the special child seat together with its safety belts. We will explain these in detail along the way.

Children up to 3 years old may not be transported in motor vehicles that are not equipped with safety systems (that is, those without safety belts). By way of exception, children up to 3 years old may be transported under the supervision of a person other than the driver of a motor vehicle, in motor vehicles intended for public passenger transport, as well as in taxis if in the latter they occupy any seat other than the one on the front seat. Also by way of exception, children up to 3 years old for whom the medical exemption certificate is issued on the grounds of a serious medical condition in which the condition that contraindicates the wearing of these safety systems is mentioned, may be transported in motor vehicles that are not equipped with safety systems only on the rear seats of the vehicle, under the supervision of a person other than the driver of a motor vehicle (Article 97 paragraph 2, 2*1 and 2*2 of the Regulation + Article 36 paragraph 1*3 of the OUG).

Children over 3 years old, having a height of up to 150 cm, may be transported in motor vehicles that are not equipped with safety systems only if they occupy, during transport, any seat other than the one on the front seats (Article 97 paragraph 2*3 of the Regulation + Article 36 paragraph 1*3 of the OUG).

Children with a height of up to 135 cm may be transported in motor vehicles equipped with safety systems only if they are fixed or fastened with the help of a child restraint system installed in the motor vehicle. This condition does not apply in the case of transport in motor vehicles intended for public passenger transport. The condition also does not apply in the case of transport in taxis, if the child occupies any seat other than the one on the front seat. The transport of the child up to 3 years old, in this case, is carried out under the supervision of a person other than the driver of a motor vehicle (Article 97 paragraph 1 and 1*1 of the Regulation).

Children with a height of over 135 cm may be transported in motor vehicles equipped with safety systems only if they wear adult safety belts, adjusted so as not to pass over the neck or face area, or if they are fixed or fastened with the help of a child restraint system installed in the motor vehicle (Article 97 paragraph 1*2 of the Regulation).

It is exempted from the obligation to be fixed or fastened with the help of a child restraint system or to wear a safety belt during transport the child for whom a medical exemption certificate is issued on the grounds of a serious medical condition in which the condition that contraindicates the wearing of these safety systems is mentioned. The transport of the child under these conditions is carried out on the rear seats of the motor vehicle. In the case of the child up to 3 years old, the transport is carried out under the supervision of a person other than the driver of a motor vehicle. The driver of a motor vehicle who transports a child under these conditions is obliged to have with him the medical certificate, in the content of which the validity period must be mentioned (Article 97 paragraphs 1*8, 1*9 and 1*10 of the Regulation).

By child restraint system, within the meaning of this article, is understood an assembly of components capable of securing a child in a sitting or lying position, which may include a combination of straps or flexible elements with a fastening buckle, adjustment devices, fastening elements and, in some cases, an additional seat and/or an impact shield, which may be anchored to a motor vehicle, or a system consisting of a partial child restraint device used together with the safety belt serving to secure the child or to fasten the device, such as, without being limited to these, child safety seat, booster cushion, which may be used together with an adult safety belt, infant carrier-basket, infant seat, guide strap, as well as belt and belt systems for children (Article 97 paragraph 1*3 of the Regulation).

The child restraint system provided must be approved and suitable for the physical characteristics of the children. The classification, the regulations concerning the approval standards and the use of these devices according to the mass groups and the composition of the systems are provided in Annex no. 1F (Article 97 paragraph 1*4 of the Regulation).

The child restraint system is installed on the rear seats of the motor vehicle, in accordance with the installation instructions provided by its manufacturer, such as manual, leaflet or electronic publication with instructions indicating how and in which types of motor vehicles the system can be used safely (Article 97 paragraph 1*5 of the Regulation).

By way of exception, the types of child restraint systems which, according to the manufacturer's instructions, may also be installed on the front passenger seat by orienting them with the front towards the direction opposite to the normal direction of travel of the motor vehicle, are installed on this seat only if the driver deactivates the frontal airbag corresponding to the seat, even in the case of a motor vehicle equipped with a mechanism that automatically detects the presence of the installed device and blocks the activation of the frontal airbag corresponding to the seat, or if the motor vehicle is not equipped with a frontal airbag corresponding to the seat. These provisions apply accordingly also in the case of the types of child restraint systems which, according to the manufacturer's instructions, may also be installed on the front passenger seat by orienting them with the front towards the normal direction of travel of the motor vehicle (Article 97 paragraphs 1*6 and 1*7 of the Regulation).

Children up to 7 years old, if they are held in arms, as well as those up to 14 years old, are transported only in the motorcycle sidecar (Article 98 paragraph 2 of the Regulation).

The drivers of motor vehicles are prohibited from transporting children up to 3 years old in motor vehicles that are not equipped with safety systems, except those intended for public passenger transport, as well as taxis if in the latter they occupy any seat other than the one on the front seat, under the conditions provided in the regulation. Children over 3 years old, having a height of up to 150 cm, may be transported in motor vehicles that are not equipped with safety systems only if they occupy, during transport, any seat other than the one on the front seat (Article 36 paragraph 1*3 of the OUG).

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