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.
For the purposes of this Section, "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.
Every person, when transporting a child 8
years of age or older but under the age of
16, shall be responsible for properly
securing that child in 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, shall
be responsible for securing that child in a
properly adjusted and fastened seat safety
belt or an appropriate child restraint
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
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.
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.
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. For further information please call:
toll free (877) 581-5881 (217) 785-3038