Transporting children in a car: rules in Portugal

Transporting children in a car is governed by specific rules. In Portugal, a child's age and height determine when a child restraint system (CRS) is compulsory, while selecting a seat must take account of the child's measurements and the limits set by its manufacturer.

Under Article 55 of the Highway Code, which covers the transport of children in cars, children under 12 and shorter than 135 cm must use an approved child restraint system suited to their size and weight when travelling in a vehicle fitted with seat belts.

Failure to comply is a serious offence, carrying a fine of between €120 and €600 for each child transported incorrectly. It may also result in a driving ban of between one month and one year, as well as the loss of two licence points for every child involved, up to a maximum of six points at the same time.

When must children travel in the rear seats?

As a general rule, children who are under 12 and less than 135 cm tall must travel in the rear seats, using an approved and suitable restraint system.

However, the Highway Code provides for two exceptions:

• A child under three may travel in the front if using a rear-facing child restraint system and the front passenger airbag has been deactivated.
• A child aged three or over may travel in the front if the car has no rear seat or no seat belts in its rear seats.

In cars not fitted with seat belts, carrying children under the age of three is prohibited.

There is also an important distinction between what the law allows and what is recommended for safety reasons. Under R129-approved systems, children must travel rear-facing until at least 15 months old. The ANSR (National Road Safety Authority) and APSI (Association for the Promotion of Child Safety) advise keeping children in this position, wherever possible, until they are three or four years old.

Which rear seat is safest?

The centre rear seat has the benefit of being further away from the sides of the vehicle, but it is not always the best location for fitting a child seat.

The key consideration is whether the selected position allows the restraint system to be fitted correctly, while following the instructions supplied by both the child-seat and vehicle manufacturers. For instance, if the seat requires ISOFIX anchor points (the international standard for baby and child-seat attachment systems) and there are none in the centre position, one of the outer rear seats should be used instead.

When can children travel in the front?

A child may legally travel in the front passenger seat in any of the following circumstances:

• They are aged 12 or over, even if they are still under 135 cm tall.
• They are at least 135 cm tall, even if they have not yet reached the age of 12.
• They are aged three or over and the car has no rear seat or lacks seat belts in that seat.
• They are under three and are travelling in a rear-facing infant carrier, provided that the front passenger airbag is switched off.

Exceptions also apply to children with disabilities who need restraint systems adapted to their requirements, subject to a prescription from a specialist doctor.

In vehicles used for public passenger transport, such as taxis and TVDE vehicles, as well as vehicles used to transport patients, children may travel without following the same child restraint system rules, provided they do not occupy the front seats.

When can a child stop using a car seat?

By law, a child is no longer required to use a child restraint system once they reach 135 cm in height or turn 12. Meeting either of these requirements is sufficient.

This does not mean that reaching 135 cm automatically makes a car seat the safest option no longer. If the seat belt runs across the child's neck rather than resting correctly on their shoulder, it is advisable to continue using an appropriate restraint system until the belt can be positioned properly.

Which child restraint system is appropriate?

Since 1 September 2024, child restraint systems approved under the former R44 regulation can no longer be sold as new in the European Union. R129 is now the applicable standard for new child seats.

R129 replaced the former classification of seats based mainly on weight groups, using the child's height as the principal reference instead. This regulation also introduced the i-Size category. In addition, R129 established stricter requirements, including side-impact testing.

It is also worth noting that R129 seats can be installed using ISOFIX or solely with the vehicle's three-point seat belt.

If you already own a seat approved under the earlier R44 regulation, the rule change does not in itself require you to purchase a replacement. These seats can still be used, provided they are suitable for the child and comply with the conditions of use specified by the manufacturer.