Full Text of HB0168 99th General Assembly
HB0168 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB0168 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/12-603.1 | from Ch. 95 1/2, par. 12-603.1 | 625 ILCS 25/4a | from Ch. 95 1/2, par. 1104a | 625 ILCS 25/4b | |
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Amends the Illinois Vehicle Code. Allows a driver operating a motor vehicle transporting children to secure 2 children in one seat belt when there are more children of the appropriate age in the vehicle than available seat belts. Amends the Child Passenger Protection Act. Allows a person transporting children in a motor vehicle to secure 2 children in one seat belt when there are more children of the appropriate age in the vehicle than available seat belts.
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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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 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 | 8 | | belts,
exceptions and penalty. | 9 | | (a) Each driver and passenger of a motor vehicle operated | 10 | | on a
street or highway in this State shall wear a properly | 11 | | adjusted and
fastened seat safety belt. A child less than 8 | 12 | | years of age shall
be protected as required pursuant to the | 13 | | Child Passenger Protection Act.
Each driver of a motor vehicle | 14 | | transporting a child 8 years of age or
more, but less than 16 | 15 | | years of age,
shall secure the child in a properly adjusted and | 16 | | fastened seat safety belt as required under the Child Passenger | 17 | | Protection Act. Each driver of a motor vehicle transporting a | 18 | | passenger who is unable, due to infirmity, illness, or age, to | 19 | | properly adjust and
fasten a seat
safety belt and is not | 20 | | exempted from wearing a seat safety belt under subsection (b)
| 21 | | shall secure the passenger in a properly adjusted and fastened | 22 | | seat 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 motor vehicle with a model year prior to 1965.
| 15 | | 6. A motorcycle or motor driven cycle.
| 16 | | 7. A moped.
| 17 | | 8. A motor vehicle which is not required to be equipped | 18 | | with seat safety
belts under federal law.
| 19 | | 9. A motor vehicle operated by a rural letter carrier | 20 | | of the United
States postal service while performing duties | 21 | | as a rural letter carrier.
| 22 | | 10. A driver or passenger of an authorized emergency | 23 | | vehicle, except this exception does not apply to vehicles | 24 | | of the fire department; vehicles of the Office of the State | 25 | | Fire Marshal; or ambulances, unless the delivery of | 26 | | life-saving measures prohibits the use of a seat safety |
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| 1 | | belt. | 2 | | 11. A back seat passenger of a taxicab. | 3 | | 12. A driver operating a motor vehicle in which there | 4 | | are more children, 8 years of age or more but less than 16 | 5 | | years of age, than available seat belts and the driver, out | 6 | | of necessity, secures 2 children in one seat belt. | 7 | | (c) Failure to wear a seat safety belt in violation of this | 8 | | Section
shall not be considered evidence of negligence, shall | 9 | | not limit the
liability of an insurer, and shall not diminish | 10 | | any recovery for damages
arising out of the ownership, | 11 | | maintenance, or operation of a motor vehicle.
| 12 | | (d) A violation of this Section shall be a petty offense | 13 | | and subject to a
fine not to exceed $25.
| 14 | | (e) (Blank).
| 15 | | (f) A law enforcement officer may not search or inspect a | 16 | | motor vehicle,
its contents, the driver, or a passenger solely | 17 | | because of a violation of this
Section.
| 18 | | (Source: P.A. 97-16, eff. 1-1-12; 97-333, eff. 8-12-11; 98-451, | 19 | | eff. 8-16-13.)
| 20 | | Section 10. The Child Passenger Protection Act is amended | 21 | | by changing Sections 4a and 4b as follows:
| 22 | | (625 ILCS 25/4a) (from Ch. 95 1/2, par. 1104a)
| 23 | | Sec. 4a.
Every person, when transporting a child 8 years of | 24 | | age or
older but under the age of 16, as provided in Section 4 |
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| 1 | | of this Act,
shall
be responsible for properly securing that | 2 | | child in seat belts. If there are more children, 8 years of age | 3 | | or older but under the age of 16, than seat belts in the motor | 4 | | vehicle, the person transporting the children may out of | 5 | | necessity secure 2 children in one seat belt.
| 6 | | (Source: P.A. 92-171, eff. 1-1-02; 93-100, eff. 1-1-04.)
| 7 | | (625 ILCS 25/4b)
| 8 | | Sec. 4b. Children 8 years of age or older but under the age | 9 | | of 19;
seat belts. Every person under the age of 18 years, when | 10 | | transporting a child
8 years of age or older but under the age | 11 | | of 19 years, as provided in
Section 4 of this Act, shall be | 12 | | responsible for securing that child in a
properly
adjusted and | 13 | | fastened seat safety belt or an appropriate child restraint
| 14 | | system. If there are more children, 8 years of age or older but | 15 | | under the age of 19, than seat belts in the motor vehicle, the | 16 | | person transporting the children may out of necessity secure 2 | 17 | | children in one seat belt. This Section shall also apply to | 18 | | each driver over the age of 18 years who committed an offense | 19 | | against traffic regulations governing the movement of vehicles | 20 | | or any violation of Section 6-107 or Section 12-603.1 of the | 21 | | Illinois Vehicle Code in the 6 months prior to the driver's | 22 | | 18th birthday and was subsequently convicted of the violation, | 23 | | until such time as a period of 6 consecutive months has elapsed | 24 | | without an additional violation and subsequent conviction of an | 25 | | offense against traffic regulations governing the movement of |
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| 1 | | vehicles or any violation of Section 6-107 or Section 12-603.1 | 2 | | of the Illinois Vehicle Code.
| 3 | | (Source: P.A. 96-607, eff. 8-24-09; 97-333, eff. 8-12-11.)
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