(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.)
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(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.)
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(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.)
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(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 18; 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 18 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.)
|
(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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