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Failure to Secure a Child Passenger

Failure to Secure a Child Passenger The Illinois Child Passenger Protection Act (625 ILCS 25/1 through 625 ILCS 25/9) outlines the law for child passenger restraint requirements in Illinois. The requirements under the law have evolved throughout the years. Often, parents are confused with the requirements or make a regrettable mistake. Our traffic attorneys have an in-depth understanding of current child restraint laws and regularly represent clients ticketed for violations of the Child Passenger Protection Act.

What is Required Under Illinois Child Restraint Laws?

Illinois law requires that children under the age of 2 are properly secured in a rear-facing car seat unless the child weighs forty pounds or more (40 lbs.+) or is more than forty inches (40"+) tall, or is riding in a vehicle that weighs more than 9,000 pounds.

If the child is under the age of 8 , a child restraint system which is properly designed to fit the child must still be provided although it need not be rear-facing.

A child weighing more than 40 lbs. can be transported in the rear seat of a vehicle using only a lap/shoulder belt combination unless it is only equipped with a lap belt in which case only use of the lap belt is required.

There is an exception to this law for children with disabilities preventing the appropriate restraint in a seat. A physician must certify the specific disability and state why the restraint is inappropriate.

Who is Responsible?

Generally, the child’s parent or guardian is legally responsible for providing the child restraint system to any person who transports the child. The person actually transporting any child under the age of 8 is responsible for properly securing that child in a child restraint system.

A person transporting a child over the age of 8 but under the age of 16 is responsible for properly securing the child in a seat belt system. If the driver is under the age of 19, he or she is responsible for properly securing a child over the age of 8 but under the age of 19 in a seat belt or child restraint system, as applicable.

If the driver is over the age of 18 and received a moving violation or violation of the graduated license law or seat belt law in the 6 months prior to his or her 18th birthday that resulted in a conviction, then that driver remains responsible for making certain the child is properly secured. This requirement remains in effect until 6 consecutive months have elapsed without an additional violation and conviction.

What are The Penalties?

A first violation for failure to secure a child is punishable by a fine of $75 plus any mandatory court fees and costs. A second or subsequent violation of this law is punishable by a fine of $200 plus any mandatory court fees and costs.

A first offender may avoid a conviction if he or she produces satisfactory evidence of possession of a child restraint system and has completed an instructional course on its installation. Documentation of possession of the child restraint system and course completion is required before the matter can be resolved without a conviction.

Contact Our Traffic Ticket Defense Attorneys

The defense attorneys at The Davis Law Group, P.C. provide representation on traffic violations including violations of Illinois Child Passenger Protection Act. We will work to prevent a conviction and keep your driving record clean. We provide traffic ticket defense primarily in Cook County, Lake County and DuPage County. If you have received a ticket for failure to secure a child, contact us today to discuss your case.

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