Do you need a car seat in a taxi or Uber in Portugal? What the law actually says

If you are flying into Lisbon with a small child, one question decides what you pack: does the taxi at the airport need a car seat, and does the Uber?

The answer is not the one most parents expect, and it is written down. Here is what Portuguese law actually says, and what it means for the three hours after you land.

The rule in one sentence

A child under 12 years old and under 135 cm must travel in an approved restraint suited to their size and weight. Article 55 of the Código da Estrada puts it like this:

“As crianças com menos de 12 anos de idade transportadas em automóveis equipados com cintos de segurança, desde que tenham altura inferior a 135 cm, devem ser seguras por sistema de retenção homologado e adaptado ao seu tamanho e peso.”

Both conditions have to be true. A tall nine-year-old who has passed 135 cm is out of scope. A short thirteen-year-old is out of scope on age. Everyone else is in.

Taxis and Uber are exempt, and that surprises people

This is the part that changes your packing list. Paragraph 5 of the same article exempts public passenger transport, and it names ride-hailing explicitly:

“Nos automóveis destinados ao transporte público de passageiros, ao transporte individual e remunerado de passageiros em veículo descaracterizado a partir de plataforma eletrónica (TVDE) e ao transporte em veículo dedicado ao transporte de doentes, podem ser transportadas crianças sem observância do disposto nos números anteriores, desde que não o sejam nos bancos da frente.”

TVDE is the Portuguese licensing category that Uber and Bolt drivers operate under. So a licensed taxi, an Uber and a Bolt may all legally carry your child without a car seat. The one condition attached is that the child must not travel in the front.

Two things follow, and the second is the one that matters.

First, you are not breaking the law by taking a taxi from the airport without a seat. Second, an exemption is a permission, not a guarantee of anything. It says the trip is legal. It does not say the trip is as safe as it would be with a restraint, and it does not oblige a driver to accept your child either.

What the law does not exempt

The exemption covers taxis, TVDE and dedicated patient transport. It does not cover the car you hire yourself. The moment you drive away from the rental desk you are in an ordinary private car, the exemption is gone, and the under-12-and-under-135 cm rule applies in full.

Three further points in Article 55 are worth knowing before you book anything:

• The back seat is the default. Children covered by the rule travel in the rear.
• Rear-facing in the front means the airbag goes off. A child under 3 may travel in the front in a rear-facing seat only if the front passenger airbag is deactivated. If you cannot switch it off, that seat is not an option.
• No seatbelts, no children under 3. In a car with no seatbelts fitted, carrying a child under 3 is prohibited outright.

So what should you actually do?

It depends on one thing: whether you are driving in Portugal at all.

If you are not hiring a car and you plan to move around Lisbon by taxi, Uber, metro and tram, the law does not require a seat. Many parents still want one for the airport transfer, and pre-booked airport transfer services that fit a seat for you exist. That is a safety decision, not a legal one.

If you are hiring a car, you need a compliant seat for every child under 12 and under 135 cm, for the whole hire. This is where the sums get uncomfortable: rental desks charge per seat per day, and the seat you are handed is whatever is in the back of the office.

If you are flying with your own seat, check your airline’s hold allowance first. A car seat is bulky, it is one of the most commonly damaged items in transit, and on a short trip you are carrying it both ways for a handful of journeys.

Renting the seat instead

We deliver car seats across Lisbon – to hotels, Airbnbs, private apartments and the airport – and collect them at the end. No deposit, and free cancellation up to 24 hours before your rental starts.

The practical advantage is not only the price. It is that you can pick the seat that matches your child rather than the one that happens to be available:

• Kinderkraft Infant Car Seat for newborns and the first months
• Cybex Cloud T with ISOFIX for a secure base fit
• Convertible Car Seat with optional extended rear-facing as they grow
• Britax Römer Evolvafix, 76-150 cm to cover the whole span in one seat
• Booster Seat with ISOFIX, 125-150 cm for the last stretch before 135 cm
• Maxi-Cosi Nomad, which folds flat if you do want to carry it between cars

You can see the full range on the Lisbon rentals page, with the total for your dates rather than a daily rate you have to multiply.

The short version

• Under 12 and under 135 cm means an approved seat in a private car.
• Taxis, Uber and Bolt are exempt by law, provided the child is not in the front.
• A hire car is not exempt. Nothing about driving yourself is covered.
• Under 3 in a rear-facing seat in the front requires the airbag to be off.
• The exemption makes a taxi legal. It does not make it safer than a seat.

Legal text quoted from Article 55 of the Código da Estrada. Rules can change – if you are reading this long after publication, check the current wording before you rely on it.