Summary of Child Passenger Safety and Seatbelt Laws
Illinois is a primary enforcement state, which means that officers can pull someone over just for failure to wear a seatbelt. All drivers must wear a properly adjusted and fastened seatbelt, which means the lap portion of the belt sits low on the hips below the abdomen, and the shoulder portion rests across the center of the collarbone. Placing the shoulder belt behind the back or underneath the arm is dangerous and illegal. All front seat passengers regardless of age must wear a properly adjusted and fastened seatbelt or be in a child restraint. There is no law against putting children in the front seat of a vehicle with or without airbags. However, best practice is to put all children 12 and under in the back seat. If a child is in a forward facing car seat , booster seat, or seatbelt, under 12 and under 100 pounds, and must go in the front seat in front of an active airbag, the vehicle seat should be moved all the way back out of the airbag deployment zone. The parent should ensure that the child does not lean forward at any time. A rear facing child restraint should NEVER be used in front of an active airbag. A deploying airbag could seriously injure or kill the child.
All children under 8 years of age must be in a child restraint at all times. This includes a car seat or booster seat, not a seatbelt alone. When a child reaches 8 years, they may move into an adult seatbelt by law. However, best practice is to measure a child for proper fit of an adult seatbelt before moving them out of a booster seat. If the child can pass this 5-step test, they can ride in a seatbelt without a booster. This usually does not happen until around 8-10 years and 4'9" depending on the child and the vehicle they ride in. Keep in mind that a child may fit in one vehicle correctly and not in another one.
1) Can the child sit back against the vehicle seat back without slouching? 2) Does the lap portion of the belt sit low on the hips or upper thighs without riding up onto the abdomen? 3) Does the shoulder portion of the belt rest comfortably along the center of the child's collarbone? 4) Do the child's knees bend comfortably over the edge of the vehicle seat? 5) Can the child sit this way for the entire trip?
Best practice for using child safety seats correctly is as follows: - Children should ride in a rear facing child restraint until they reach 1 year of age AND 20-22 pounds. However, it is safest to keep a child rear facing as long as possible. Many seats accommodate a child's weight to 30-35 pounds rear facing. A common concern for parents is that their child's feet hit the back of the vehicle seat. This is ok. Rear facing protects children best by protecting their head and neck in a frontal crash, the most common type. The back of the child restraint takes the impact versus the child's head and neck. - Once a child outgrows the rear facing weight limits of their child restraint, they should be moved to a forward facing restraint with a harness until they reach the maximum height and weight limits for that restraint. - After a child outgrows their forward facing restraint, they can move to a belt positioning booster seat until they pass the 5-step test. - When a child moves to an adult seatbelt, they should always be in a lap and shoulder belt position. Lap only belts are extremely dangerous for kids and adults and should not be used if at all possible. Never allow a child to put a shoulder belt behind their back or under their arm.
The following are additional laws about seatbelt use:
If the driver of the vehicle is under 18 and has been licensed for 1 year or less, they can only have one other person in the vehicle with them while driving. Children, step-children and siblings and step-siblings are excluded.
If the driver of the vehicle is under 18, all occupants of the vehicle under 19, must be restrained. This means that the driver can only take as many passengers as there are seatbelts in the vehicle.
If the driver is over 18, the only rear seat passengers who may be unrestrained by law are those 16 and older, as all passengers 8-15 must be in a child restraint or seatbelt at all times.