Sen. Randall M. Hultgren
Filed: 5/14/2009
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 4048
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 4048 on page 1, by | ||||||
3 | replacing line 5 with "Sections 3-405 and 12-603.1 as | ||||||
4 | follows:"; and
| ||||||
5 | on page 4, by inserting below line 12 the following:
| ||||||
6 | "(625 ILCS 5/12-603.1) (from Ch. 95 1/2, par. 12-603.1)
| ||||||
7 | Sec. 12-603.1. Driver and passenger required to use safety | ||||||
8 | belts,
exceptions and penalty. | ||||||
9 | (a) Each driver and front seat and rear seat passenger of a | ||||||
10 | motor vehicle operated on a
street or highway in this State | ||||||
11 | shall wear a properly adjusted and
fastened seat safety belt . A | ||||||
12 | ; except that, a child less than 8 years of age shall
be | ||||||
13 | protected as required pursuant to the Child Passenger | ||||||
14 | Protection Act.
Each driver under the age of 18 years and each | ||||||
15 | of the driver's
passengers under the age of 19 years of a motor | ||||||
16 | vehicle operated
on a street or highway in this State shall |
| |||||||
| |||||||
1 | wear a properly
adjusted and fastened seat safety belt.
Every | ||||||
2 | passenger under the age of 19 in a vehicle being driven by a | ||||||
3 | person over the age of 18 who committed an offense against | ||||||
4 | traffic regulations governing the movement of vehicles or any | ||||||
5 | violation of this Section or Section 6-107 of this Code within | ||||||
6 | 6 months prior to the driver's 18th birthday and was | ||||||
7 | subsequently convicted of the violation, shall wear a properly | ||||||
8 | adjusted and fastened seat safety belt, until such time as a | ||||||
9 | period of 6 consecutive months has elapsed without the driver | ||||||
10 | receiving an additional violation and subsequent conviction of | ||||||
11 | an offense against traffic regulations governing the movement | ||||||
12 | of vehicles or any violation of this Section or Section 6-107 | ||||||
13 | of this Code. Each driver of a motor vehicle transporting a | ||||||
14 | child 8 years of age or
more, but less than 16 years of age,
| ||||||
15 | shall secure the child in a properly adjusted and fastened seat | ||||||
16 | safety belt as required under the Child Passenger Protection | ||||||
17 | Act.
| ||||||
18 | (b) Paragraph (a) shall not apply to any of the following:
| ||||||
19 | 1. A driver or passenger frequently stopping and | ||||||
20 | leaving the vehicle or
delivering property from the | ||||||
21 | vehicle, if the speed of the vehicle between
stops does not | ||||||
22 | exceed 15 miles per hour.
| ||||||
23 | 2. A driver or passenger possessing a written statement | ||||||
24 | from a physician
that such person is unable, for medical or | ||||||
25 | physical reasons, to wear a seat
safety belt.
| ||||||
26 | 3. A driver or passenger possessing an official |
| |||||||
| |||||||
1 | certificate or license
endorsement issued by the | ||||||
2 | appropriate agency in another state or country
indicating | ||||||
3 | that the driver is unable for medical, physical, or other | ||||||
4 | valid
reasons to wear a seat safety belt.
| ||||||
5 | 4. A driver operating a motor vehicle in reverse.
| ||||||
6 | 5. A motor vehicle with a model year prior to 1965.
| ||||||
7 | 6. A motorcycle or motor driven cycle.
| ||||||
8 | 7. A motorized pedalcycle.
| ||||||
9 | 8. A motor vehicle which is not required to be equipped | ||||||
10 | with seat safety
belts under federal law.
| ||||||
11 | 9. A motor vehicle operated by a rural letter carrier | ||||||
12 | of the United
States postal service while performing duties | ||||||
13 | as a rural letter carrier.
| ||||||
14 | (c) Failure to wear a seat safety belt in violation of this | ||||||
15 | Section
shall not be considered evidence of negligence, shall | ||||||
16 | not limit the
liability of an insurer, and shall not diminish | ||||||
17 | any recovery for damages
arising out of the ownership, | ||||||
18 | maintenance, or operation of a motor vehicle.
| ||||||
19 | (d) A violation of this Section shall be a petty offense | ||||||
20 | and subject to a
fine not to exceed $25.
| ||||||
21 | (e) (Blank).
| ||||||
22 | (f) A law enforcement officer may not search or inspect a | ||||||
23 | motor vehicle,
its contents, the driver, or a passenger solely | ||||||
24 | because of a violation of this
Section.
| ||||||
25 | (Source: P.A. 94-239, eff. 1-1-06; 94-241, eff. 1-1-06; 95-310, | ||||||
26 | eff. 1-1-08; 95-331, eff. 8-21-07.)".
|