Car seat regulations for children in Italy and the EU: current framework and reform proposals

The safety of children in cars is a priority for public health and for safe and responsible mobility. Despite technological progress and the evolution of restraint systems, a significant share of road accidents involving minors still produce serious or fatal injuries, often linked to the incorrect use of child seats or the absence of systems suited to the characteristics of the child. A clear and updated regulatory framework is essential to ensure that child seats are not only available on the market, but actually used correctly, harmonizing safety and practical application between the European Union states and on Italian territory.

1European provisions

—

At a European level, the regulation of child restraint systems (seats) is structured on multiple regulatory levels, combining general obligations of use with binding technical standards. Below we report three important provisions: Directive 2003/20/EC, Regulation (EU) 2018/858 and Regulation (EU) 2021/1806. There Directive 2003/20/EC introduces the obligation for all Member States to impose the use of Child Restraint Systems (CRS) in vehicles, provided that the vehicle is equipped with such devices. The text of the directive establishes that: children must be restrained using approved restraint systems; the system used must be appropriate for the child’s weight; and Member States must ensure that CRS used in their territory comply with the approval standards recognized in the European Union. The directive does not contain a list of weight groups for child seats, which are vice versa defined by Unece Regulation no. 44 (Ece R44), in five groups:

• Group 0: 0–10 kg
• Group 0+: 0–13 kg
• Group I: 9–18 kg
• Group II: 15–25 kg
• Group III: 22–36 kg

The Regulation (EU) 2018/858 regulates the type-approval of motor vehicles, as well as their components and systems, including child restraint systems (seats). This regulation integrates the technical requirements established in the Unece regulations into EU law, making both the R44 (weight-based standard) and the R129 (more modern height-based standard) binding for the European market. Furthermore, the regulation strengthens market controls and the reliability of approvals, with the aim of ensuring high safety standards and consistent application of EU regulations on child seats in all Member States.

UN Regulation No. 129, also known as “i Size”, is an international technical regulation (Unece) that introduces more modern safety requirements for child seats: classification by child height, imposition of mandatory side impact tests, extended use of the rear-facing position, and Isofix fixing for many models. At European level, the regulation was implemented with the Regulation (EU) 2021/1806which establishes binding provisions for R129 compliant restraint systems within the EU market. Thanks to this reception, the Union is progressively requiring that child seats sold comply with the R129 (i Size) standards. Starting from 1 September 2024, new child seats on the market must be approved according to R129.

2Italian legislation

—

In Italy, the main reference is article 172 of the Highway Code, which integrates European standards with detailed rules on the use of child seats and the adoption of innovative safety devices. Below we delve into the main provisions set out in the main paragraphs of art. 172 of the CDS. According to paragraph 1-bis, the driver of vehicles of categories M1, N1, N2 and N3 registered in Italy, or driven by Italian residents, must use an anti-abandonment alarm device for children under four years of age, compliant with the technical requirements established by the Ministry of Infrastructure and Transport. Paragraph 3 provides that in vehicles without restraint systems, children up to three years of age cannot travel, while those over three years of age can sit in the front seat only if their height exceeds 1.50 metres. Paragraph 4 introduces an exception for public transport or rental with driver: children under 1.50 m in height can travel without a seat, as long as they are not in the front seat and are accompanied by a passenger of at least sixteen years of age. Paragraph 5 prohibits the use of rear-facing child seats on seats with an active front airbag, unless deactivated even automatically, while paragraph 6 extends the obligation to use safety systems also to vehicles in the M2 and M3 categories, imposing the use of child seats approved in accordance with paragraph 1. In addition to the Highway Code, Italian law strengthens safety with mandatory anti-abandonment devices for children up to four years of age, establishing sanctions and control obligations to guarantee their correct use; in this way, Italy not only implements European standards, but integrates them with specific measures that improve the operational safety of children, defining clear responsibilities for drivers and introducing innovative tools.