Illinois General Assembly - Full Text of HB4238
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Full Text of HB4238  100th General Assembly

HB4238 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4238

 

Introduced , by Rep. Margo McDermed

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/12-603.1  from Ch. 95 1/2, par. 12-603.1

    Amends the Illinois Vehicle Code. Provides that a driver or passenger of a motor vehicle with a model year prior to 1965 who is under 18 years of age shall be required to wear a properly adjusted and fastened seat safety belt when the motor vehicle is operating upon a street or highway in this State, unless the motor vehicle is used in connection with a parade or other similar activity.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 12-603.1 as follows:
 
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
8belts, exceptions and penalty.
9    (a) Each driver and passenger of a motor vehicle operated
10on a street or highway in this State shall wear a properly
11adjusted and fastened seat safety belt. A child less than 8
12years of age shall be protected as required pursuant to the
13Child Passenger Protection Act. Each driver of a motor vehicle
14transporting a child 8 years of age or more, but less than 16
15years of age, shall secure the child in a properly adjusted and
16fastened seat safety belt as required under the Child Passenger
17Protection Act. Each driver of a motor vehicle transporting a
18passenger who is unable, due to infirmity, illness, or age, to
19properly adjust and fasten a seat safety belt and is not
20exempted from wearing a seat safety belt under subsection (b)
21shall secure the passenger in a properly adjusted and fastened
22seat safety belt as required under this Section.
23    (b) Paragraph (a) shall not apply to any of the following:

 

 

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1        1. A driver or passenger frequently stopping and
2    leaving the vehicle or delivering property from the
3    vehicle, if the speed of the vehicle between stops does not
4    exceed 15 miles per hour.
5        2. A driver or passenger possessing a written statement
6    from a physician that such person is unable, for medical or
7    physical reasons, to wear a seat safety belt.
8        3. A driver or passenger possessing an official
9    certificate or license endorsement issued by the
10    appropriate agency in another state or country indicating
11    that the driver is unable for medical, physical, or other
12    valid reasons to wear a seat safety belt.
13        4. A driver operating a motor vehicle in reverse.
14        5. A driver or passenger of a motor vehicle with a
15    model year prior to 1965 if the driver or passenger is 18
16    years of age or older or if the motor vehicle is used in
17    connection with a parade or other similar activity.
18        6. A motorcycle or motor driven cycle.
19        7. A moped.
20        8. Except as provided in paragraph 5 of this subsection
21    (b), a A motor vehicle which is not required to be equipped
22    with seat safety belts under federal law.
23        9. A motor vehicle operated by a rural letter carrier
24    of the United States postal service while performing duties
25    as a rural letter carrier.
26        10. A driver or passenger of an authorized emergency

 

 

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1    vehicle, except this exception does not apply to vehicles
2    of the fire department; vehicles of the Office of the State
3    Fire Marshal; or ambulances, unless the delivery of
4    life-saving measures prohibits the use of a seat safety
5    belt.
6        11. A back seat passenger of a taxicab.
7    (c) Failure to wear a seat safety belt in violation of this
8Section shall not be considered evidence of negligence, shall
9not limit the liability of an insurer, and shall not diminish
10any recovery for damages arising out of the ownership,
11maintenance, or operation of a motor vehicle.
12    (d) A violation of this Section shall be a petty offense
13and subject to a fine not to exceed $25.
14    (e) (Blank).
15    (f) A law enforcement officer may not search or inspect a
16motor vehicle, its contents, the driver, or a passenger solely
17because of a violation of this Section.
18(Source: P.A. 97-16, eff. 1-1-12; 97-333, eff. 8-12-11; 98-451,
19eff. 8-16-13.)