Who would get the ticket/be liable?

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purplemama

New member

• Sep 1, 2009

• #1

Last night my DH gave a ride home to one of our neighbors from football practice. Her teen's car had lost all it's coolant. Her teen and 12 year old got a ride from someone else and DH drove her and her 6 year old DD home. I ask if they got her booster from teens car. She wasn't in one in teens car and so didn't ride in one with my DH. MI law says in a booster/car seat until 8. DH didn't really think of it (he's been very frazzled lately). And she wouldn't have been in a booster no matter who drove her home.
So if they would have been pulled over who would have gotten the ticket? My DH or her mom?
If there had been an accident would our ins. company and my DH been liable for any injuries because she was improperly restrained? Or would it be her mom?

 

mommaon112903

New member

• Sep 1, 2009

• #2

I am pretty positive that it is the driver's responsibility. We have never been in that situation before (thankfully!) so hopefully someone else with more legal experince will chime in soon.

 

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Maedze

New member

• Sep 1, 2009

• #3

Your husband. He was the one who violated state law by operating the motor vehicle with an illegally restrained passenger.

If he's going to make a habit of picking up strays, it might be best to keep a backless booster in the trunk of his car.

He needs to know that having the child unboostered in an accident could have lead to severe injuries, possibly fatal ones.

 

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purplemama

New member

• Sep 1, 2009

• #4

Maedze said:

Your husband. He was the one who violated state law by operating the motor vehicle with an illegally restrained passenger.

If he's going to make a habit of picking up strays, it might be best to keep a backless booster in the trunk of his car.

He needs to know that having the child unboostered in an accident could have lead to severe injuries, possibly fatal ones.

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Oh, believe me, I chewed him out big time! I was super pissed off. And pissed off at the mom for not having her kid in a booster.

 

Mommy0608

New member

• Sep 1, 2009

• #5

Just for the sake of clarification, MI law is age 8 OR 4'9". I'm sure the 6 year old probably wasn't 4'9", and even so, at age 6 it's unlikely the seatbelt would fit properly anyway.

I agree though, your husband would be liable.

 

Evolily

New member

• Sep 1, 2009

• #6

In my state it would be the parents ticket, for failing to provide an appropriate restraint :twocents: . HOWEVER, liability is a bit more tricky, and it's quite possible that someone here could be held civilly liable for transporting a child without proper restraint.

It's always a good idea to at least have a backless booster in the trunk, just in case.

 

Jennifer mom to my 7

Well-known member

• Sep 1, 2009

• #7

Yes, I think driver. You would have to double check the wording of your law. But NY state is the driver is responsible to keep people properly restrained.

 

Pixels

New member

• Sep 1, 2009

• #8

It depends on the wording of the law. California law says that the driver is responsible, unless the child's parent is in the vehicle, in which case it's the parent's responsibility.

In most areas, I think it's the driver's responsibility whether or not the parent is present.

 

bobandjess99

Senior Community Member

• Sep 1, 2009

• #9

In our state, it is the drivers reponsibility to properly restrain any minors in the vehicle, regardless of whose minor it is, and any adults in the vehicle are responsible for themselves. So, say a car with dad, mom and 2 kids gets pulled over, and noone is wearing a seatbelt. Dad is driving. Dad gets a ticket for himself, and the 2 children. Mom gets a ticket for herself.

 

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DahliaRW

New member

• Sep 2, 2009

• #10

Yeah, totally depends on your state law. In WA the driver is responsible to ensure that anyone under 16 is properly restrained. Anyone 16 and older is responsible for themselves. As far as I know there is no "if the parent is in the car" clause.

 

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alexasmom

New member

• Sep 3, 2009

• #11

I copied thid from Safe Kids - Its the IL law...

Child Safety Laws and Regulations


Illinois State Child Occupant Protection Law

Law Mandate


Children ages 15 and under must be restrained in some manner regardless of seating position.*

Infants through children age 7 must be properly restrained in an appropriate child safety seat.

Children weighing more than 40 pounds may be restrained in a lap belt in the back seat if the vehicle is not equipped with a combination lap/shoulder belt.

When Illinois does mandate restraint use, it requires the driver to secure both the child safety seat and the child properly.

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.
Safety belt law covers all occupants in front seating positions.

Primary enforcement (safety belt law).
*As Safe Kids Worldwide focuses on unintentional injury for children, this website posting merely addresses restraint coverage through age 15. This statement does not take into account any provisions mandating coverage for individuals ages 16 and over.


So - if you were in IL no one would get the ticket, because it is not illegal. Does this mean I could put my 2 month old niece on the seat and it wouldn't be illegal? Scary!!!!! (PS I would never do that!)

 

Pixels

New member

• Sep 3, 2009

• #12

alexasmom said:

So - if you were in IL no one would get the ticket, because it is not illegal. Does this mean I could put my 2 month old niece on the seat and it wouldn't be illegal? Scary!!!!! (PS I would never do that!)

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It is illegal. The parents get the ticket if they did not provide a restraint. If the parents provide a restraint, the driver gets the ticket.

Full text of the IL law. "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."

 

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alexasmom

New member

• Sep 4, 2009

• #13

Then Safe Kids needs to fix or update their information.


I really like this part of the law -
(from the link provided by PIXEL)

(625 ILCS 25/5) (from Ch. 95 1/2, par. 1105)
Sec. 5. 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.
(Source: P.A. 93‑100, eff. 1‑1‑04.)

(625 ILCS 25/6) (from Ch. 95 1/2, par. 1106)
Sec. 6. 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.
(Source: P.A. 92‑173, eff. 1‑1‑02.)


So, basically - nothing would have happened to either parent if they lived in IL. Gotta love laws with so many loop holes that almost anything goes.