IL allows non-parent driver to have unrestrained child in car?

Irishmama

New member
I was poking through IL child safety laws on the Safe Kids website and came across this:

"Illinois allows a child to be completely unrestrained because the driver is not the child's parent. A non-parent driver must only restrain a child when the parent provides a child safety seat."

http://www.safekids.org/in-your-are...-state-child-occupant-protection-law-127.html

I wanted to clarify this so I don't misquote the law when talking to others...is this correct?
 
ADS

ketchupqueen

CPST and ketchup snob
Staff member
Not according to the Illinois State Police website:

In Illinois, the law states that each driver and front seat passenger of a motor vehicle must wear a properly adjusted and fastened seat safety belt.

Provides that whenever a person is transporting a child under age 8, the person is responsible for properly securing the child in an appropriate child restraint system, which includes a booster seat. Every person, when transporting a child 8 years of age or older, but under age 16, is responsible for properly securing that child in a seat belt. If the vehicle used to transport children under eight years of age is equipped with lap belts only in the back seat and the child weighs more than 40 pounds, the child may be transported in the back seat wearing a lap belt only. If a combination lap and shoulder belt is available, the child must be secured in a booster seat.

The Illinois Graduated Licensing System requires all passengers under 19 years to buckle-up when riding in a vehicle being driven by a person under the age of 18. Any person under the age of 18 who receives a graduated driver’s license, for the first six months of the license or until the person reaches the age of 18, whichever occurs sooner; the person may not drive with more than one person in the vehicle who is under the age of 20 unless they are siblings, children, step-siblings, and step children of the driver.

Also, no person may operate any 1965 or later model vehicle unless the front seats are equipped with two sets of safety belts.A child must be protected under these Child Passenger Protection Act guidelines:

under the age of eight, secure in a child safety seat.
eight years of age or more, but less than 16 must be secured in a seat belt or child safety seat.
16- and 17-year-olds must be secured by a safety belt when the vehicle they are riding in is driven by a person under the age of 18.
emphasis mine
http://www.isp.state.il.us/safety/restraints.cfm

However, the text of the law is confusing.

Here is the text of the law: http://dot.state.il.us/trafficsafety/childpassengeract.html

While it does say that
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.

It also says that
When any person is transporting a child in
this State under the age of 8 years in a
non-commercial motor 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.
(shortened by me.)

However,
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.

So... I'm guessing that while this law is rather unclearly worded on this point, in the case that the person caught driving with the child not appropriately restrained is not the guardian, the guardian of the child would be the one who would be assessed the fine and, if applicable, points on the license (does IL do that?) The exception being, if the parent provided the seat, and the driver did not use it, in which the penalty goes to the driver.

That's how I would interpret it if I were the judge; I don't know if there is precedent in IL. (In some other states, the law explicitly states that if the driver of an improperly restrained child is not the parent, the parent will be assessed the fine, though in some states the parent is assessed the fine if present while the driver is assessed the fine if the parent is not, or other variations.)

So, while the law may give a free pass to the driver of the vehicle as long as they are not neglecting to use a seat that was provided to be used, it does not give a free pass to the parent or guardian just because their child is in the vehicle of another. It just plain is not legal to transport a child without appropriate restraint in IL, it's just that the legal judgement would go against the parent, not the driver, in the case of a non-parent or guardian driving a child.

Clear as mud, eh?
 

Irishmama

New member
Clear as mud, eh?

:dizzy:
I wonder if the driver is allowed to continue transporting the child unrestrained or not. For example, if the driver is pulled over for an unrestrained child in the car, will they be allowed to proceed with the child unrestrained after the traffic stop?

Thanks for looking all that up!
 
Last edited:

My3Ls

New member
:dizzy:
I wonder if the driver is allowed to continue transporting the child unrestrained or not. For example, if the driver is pulled over for an unrestrained child in the car, will they be allowed to proceed with the child unrestrained after the traffic stop?

Thanks for looking all that up!

Not sure what they are supposed to do but here is what happened to someone I know. They were instructed to go directly to Walmart, which was the nearest place to buy carseats, buy them, install them and then go straight to the police station to prove they did it.
 

Irishmama

New member
Huh, I'll have to check into that further. I just wondered for sure what the law was, so I have all my facts straight if I'm talking to someone about it.
 

Car-Seat.Org Facebook Group

Forum statistics

Threads
219,657
Messages
2,196,902
Members
13,531
Latest member
jillianrose109

You must read your carseat and vehicle owner’s manual and understand any relevant state laws. These are the rules you must follow to restrain your children safely. All opinions at Car-Seat.Org are those of the individual author for informational purposes only, and do not necessarily reflect any policy or position of Carseat Media LLC. Car-Seat.Org makes no representations as to accuracy, completeness, currentness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis. If you are unsure about information provided to you, please visit a local certified technician. Before posting or using our website you must read and agree to our TERMS.

Graco is a Proud Sponsor of Car-Seat.Org! Britax is a Proud Sponsor of Car-Seat.Org! Nuna Baby is a Proud Sponsor of Car-Seat.Org!

Please  Support Car-Seat.Org  with your purchases of infant, convertible, combination and boosters seats from our premier sponsors above.
Shop travel systems, strollers and baby gear from Britax, Chicco, Clek, Combi, Evenflo, First Years, Graco, Maxi-Cosi, Nuna, Safety 1st, Diono & more! ©2001-2022 Carseat Media LLC

Top