(625 ILCS 25/1)(from Ch. 95 1/2, par. 1101) Sec. 1. Title and citation. This Act shall be known and may be cited
as the "Child Passenger Protection Act". (Source: P.A. 83‑8.)
(625 ILCS 25/2)(from Ch. 95 1/2, par. 1102) Sec. 2. Legislative Finding ‑ Purpose. The General Assembly finds that
a substantial number of passengers under the age of 8 years riding in
motor
vehicles, which are most frequently operated by a parent, annually die or
sustain serious physical injury as a direct result of not being placed in
an appropriate child passenger restraint system.
Motor vehicle crashes are the leading cause of death for children
of every age from 4 to 14 years old.
The General Assembly further finds that
the safety of the motoring public is seriously threatened as indicated by
the significant number of traffic accidents annually caused, directly or
indirectly, by driver distraction or other impairment of driving ability
induced by the movement or actions of unrestrained passengers under the age of
8 years. It is the purpose of this Act to further protect the health, safety and
welfare of motor vehicle passengers under the age of 8 years and the
motoring
public through the proper utilization of approved child restraint systems. (Source: P.A. 93‑100, eff. 1‑1‑04.)
(625 ILCS 25/3)(from Ch. 95 1/2, par. 1103) Sec. 3. Definitions. The terms "highway", "motor vehicle", "owner",
"police officer", "recreational vehicle", "roadway" and "street" as used
in this Act, unless the context otherwise requires, have the meaning ascribed
to them in The Illinois Vehicle Code, as now or hereafter amended. For
the purpose of this Act, "motor vehicle" does not include motorcycles. (Source: P.A. 83‑8.)
(625 ILCS 25/4)(from Ch. 95 1/2, par. 1104) Sec. 4. When any person is transporting a child in
this State
under the age of 8 years in a non‑commercial motor vehicle of the
first
division, a motor vehicle of the second division with a gross vehicle
weight rating of 9,000 pounds or less, or a recreational vehicle on the
roadways, streets or highways of this State, such person shall be
responsible for providing for the protection of such child by properly
securing him or her in an appropriate child restraint system. The
parent or legal guardian
of a child under the age of
8 years shall provide a child restraint system to any person who
transports
his or her child. Any person who transports the child of another shall not
be in violation of this Section unless a child restraint system was
provided by the parent or legal guardian but not used to transport the child. For purposes of this Section and Section 4b, "child restraint
system" means
any device which meets the standards of the United States Department of
Transportation designed to restrain, seat or position children, which also
includes a booster seat. A child weighing more than 40 pounds may be transported in the back seat
of a motor vehicle while wearing only a lap belt if the back seat of the motor
vehicle is not equipped with a combination lap and shoulder belt. (Source: P.A. 93‑100, eff. 1‑1‑04.)
(625 ILCS 25/4a)(from Ch. 95 1/2, par. 1104a) Sec. 4a. Every person, when transporting a child 8 years of age or
older but under the age of 16, as provided in Section 4 of this Act,
shall
be responsible for properly securing that child in seat belts. (Source: P.A. 92‑171, eff. 1‑1‑02; 93‑100, eff. 1‑1‑04.)
(625 ILCS 25/4b) Sec. 4b. Children 8 years of age or older but under the age of 19;
seat belts. Every person under the age of 18 years, when transporting a child
8 years of age or older but under the age of 19 years, as provided in
Section 4 of this Act, shall be responsible for securing that child in a
properly
adjusted and fastened seat safety belt or an appropriate child restraint
system. (Source: P.A. 93‑100, eff. 1‑1‑04; 94‑241, eff. 1‑1‑06.)
(625 ILCS 25/5)(from Ch. 95 1/2, par. 1105) Sec. 5. In no event shall a person's failure to secure a child under 8
years of age in an approved child restraint system constitute contributory
negligence or
be admissible as evidence in the trial of any civil action. (Source: P.A. 93‑100, eff. 1‑1‑04.)
(625 ILCS 25/6)(from Ch. 95 1/2, par. 1106) Sec. 6. A violation of this Act is a petty offense punishable by a
fine of not more than $50 waived upon proof of possession of an
approved
child restraint system as defined under this Act. A subsequent violation
of this Act is a petty offense punishable by a fine of not more than $100. (Source: P.A. 92‑173, eff. 1‑1‑02.)
(625 ILCS 25/7)(from Ch. 95 1/2, par. 1107) Sec. 7. Arrests ‑ Prosecutions. The State Police shall patrol the public
highways and make arrests for a violation of this Act. Police officers shall
make arrests for violations of this Act occurring upon the highway within
the limits of a county, city, village, or unincorporated town or park district. The State's Attorney of the county in which the violation of this Act occurs
shall prosecute all violations except when the violation occurs within the
corporate limits of a municipality, the municipal attorney may prosecute if
written permission to do so is obtained from the State's Attorney. The provisions of this Act shall not apply to a child passenger with a
physical disability of such a nature as to prevent appropriate
restraint in a seat, provided that the disability is duly
certified by a physician who shall state the nature of the disability, as well
as the reason the restraint is inappropriate. No physician shall be liable,
and no cause of action may be brought for personal injuries resulting from the
exercise of good faith judgment in making certifications under this provision. (Source: P.A. 88‑685, eff. 1‑24‑95.)
(625 ILCS 25/8)(from Ch. 95 1/2, par. 1108) Sec. 8. The "Child Passenger Restraint Act", enacted by the 82nd General
Assembly, is repealed. (Source: P.A. 83‑8.)
(625 ILCS 25/9)(from Ch. 95 1/2, par. 1109) Sec. 9. This Act takes effect July 1, 1983. (Source: P.A. 83‑8.)
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