Car seats may have free check-in on flights and new rules for car rental companies

The Traffic and Transport Commission of the Chamber of Deputies approved a bill that aims to facilitate compliance with safety standards in the transport of children, especially for families traveling. The proposal establishes the obligation to check child restraint devices free of charge, such as car seats, on commercial flights, in addition to creating new requirements for car rental companies.

The objective of the measure is to reduce logistical and financial obstacles for parents and guardians to be able to follow the determinations of the Brazilian Traffic Code (CTB) during air and land travel.

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How will the free dispatch of car seats on airplanes work?

According to the approved text, each child transported on commercial flights will have the right to check, completely free of charge, a child restraint device. The benefit covers car seats, booster seats and other regulated equipment for the safe transport of minors in cars.

The proposal details important criteria for the application of the rule:

• Preserved baggage allowance: the free restraint device will not interfere with or replace the passenger’s regular baggage allowance, that is, he will be able to check the same number of bags.
• Accumulation of benefits: the measure does not affect other items whose free transportation is already guaranteed by airlines, such as strollers and car seats.
• Proof at check-in: to be entitled to fee exemption, the guardian must prove, at the time of check-in, that the child’s age requires the use of the equipment, according to the rules of the CTB.
• Packaging: airlines are authorized to establish their own technical criteria to ensure the safe storage of equipment during the flight.

According to the rapporteur of the project, Deputy Helena Lima, the initiative is essential to support compliance with traffic legislation, ensuring that the transport of equipment in the air segment occurs safely and at no additional cost.

Car rental companies: charging for the car seat is allowed, but with transparency

The bill also changes the car rental scenario, initially providing for rental companies to offer car seats free of charge. However, the version approved by the commission allows charging for the accessory, as a way to balance child protection with the economic viability of the sector.

The flexibility was accompanied by two strict consumer protection rules:

• Total price transparency: the amounts charged for the rental of the car seat or seat must be clearly and explicitly informed at the time the customer makes the reservation of the vehicle.
• Prohibition of tie-in sales: companies cannot force the contracting of the service. The consumer’s right to choose between taking their own restraint device or renting the company’s accessory is guaranteed.

To ensure the physical integrity of children, the text also stipulates that all devices provided by rental companies must mandatorily follow the safety standards determined by the National Institute of Metrology, Quality and Technology (Inmetro), maintaining adequate conditions of use.

The bill also brings a preventive disposal standard: any equipment that is in a vehicle involved in a traffic accident must be permanently discarded, preventing it from being reused without guarantees of protection. As for the daily conservation of the accessory during the period of use, the responsibility will be the responsibility of the customer, according to the rental agreement.

The bill did not come into force, as it is still in the processing phase and will need to go through other legislative stages before being effective. The next steps include analysis by two thematic commissions: the Committee on Social Security, Social Assistance, Childhood, Adolescence and Family and the Commission on Constitution and Justice and Citizenship (CCJ).

After the opinion of these committees, the bill will still need to be submitted to a vote in the plenaries of the Chamber of Deputies and the Federal Senate.