93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4577


 
Introduced 02/04/04, by Chapin Rose
 
SYNOPSIS AS INTRODUCED:
 		
















625 ILCS 5/12-101
  from Ch. 95 1/2, par. 12-101


625 ILCS 25/4
  from Ch. 95 1/2, par. 1104







    Amends the Illinois Vehicle Code and the Child Passenger Protection Act. Provides that it is an affirmative defense to a citation for an equipment violation that  the alleged violator has made lawful, adequate, and complete repair of any defective equipment.  Provides that it is an affirmative defense to a citation for transporting a child in a defective or inadequate child restraint system that the alleged violator has replaced or has made lawful, adequate, and complete repair of the defective or inadequate child restraint system.



















LRB093 20598 DRH 46419 b




















 


 


A BILL FOR









 














HB4577

LRB093 20598 DRH 46419 b









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    AN ACT concerning vehicles.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Illinois Vehicle Code is amended  by changing 
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Section 12-101 as follows:
 



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    (625 ILCS 5/12-101)  (from Ch. 95 1/2, par. 12-101)



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    Sec. 12-101. Scope and effect of equipment requirements. 
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(a) It is unlawful for any person to drive or move or for the 
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owner
to cause or knowingly permit to be driven or moved on any 
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highway any
vehicle or combination of vehicles which is in such 
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unsafe condition as
to endanger any person or property, or 
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which does not contain those
parts or is not at all times 
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equipped with such lamps and other
equipment in proper 
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condition and adjustment as required in this
Chapter 12, or 
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which is equipped in any manner in violation of this
Code, or 
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for any person to do any act forbidden or fail to perform
any 
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act required under this Chapter 12.
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    (a-1) It is an affirmative defense to a citation issued for 
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any  violation of this Chapter that the alleged violator has 
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made lawful, adequate, and complete repair of any defective 
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equipment.


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    (b) The provisions of this Chapter 12 with respect to 
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equipment on
vehicles shall not apply to implements of 
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husbandry, road machinery,
road rollers, or farm tractors or to 
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farm-wagon type trailers having a
fertilizer spreader 
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attachment permanently mounted thereon, having a
gross weight 
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of not to exceed 36,000 pounds and used only for the

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transportation of bulk fertilizer or to farm-wagon type tank 
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trailers of
not to exceed 2,000 gallons capacity, used during 
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the liquid fertilizer
season as field-storage "nurse tanks" 
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supplying the fertilizer to a
field applicator and moved on 
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highways only for bringing the fertilizer
from a local source 
 


 









HB4577
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of supply to farm or field or from one farm or field
to 
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another.

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(Source: P.A. 82-523.)


 
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    Section 10. The Child Passenger Protection Act is amended  
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by changing Section 4 as follows:
 



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    (625 ILCS 25/4)  (from Ch. 95 1/2, par. 1104)


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    Sec. 4. When any person is transporting a child in
this 
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State
under the age of 8 years in a non-commercial motor 
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vehicle of the
first
division, a motor vehicle of the second 
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division with a gross vehicle
weight rating of 9,000 pounds or 
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less, or a recreational vehicle on the
roadways, streets or 
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highways of this State, such person shall be
responsible for 
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providing for the protection of such child by properly
securing 
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him or her in an appropriate child restraint system. The
parent 
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or legal guardian
of a child under the age of
8 years shall 
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provide a child restraint system to any person who
transports

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his or her child.  Any person who transports the child of 
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another shall not
be in violation of this Section unless a 
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child restraint system was
provided by the parent or legal 
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guardian but not used to transport the child.

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    For purposes of this Section and Section 4b, "child 
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restraint
system" means
any device which meets the standards of 
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the United States Department of
Transportation designed to 
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restrain, seat or position children, which also
includes a 
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booster seat.

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    A child weighing more than 40 pounds may be transported in 
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the back seat
of a motor vehicle while wearing only a lap belt 
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if the back seat of the motor
vehicle is not equipped with a 
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combination lap and shoulder belt.
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It is an affirmative defense to a citation issued for a 
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violation of this Section, if the citation was based on a 
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defective or inadequate child restraint system, that the 
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alleged violator has replaced or made lawful, adequate, and 
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complete repair of the defective or inadequate child restraint 
 


 









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system.


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(Source: P.A. 93-100, eff. 1-1-04.)