|
|
||||
| Public Act 094-0241 |
||||
| ||||
| ||||
AN ACT concerning transportation.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 6-107, 12-603, and 12-603.1 as follows:
| ||||
(625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
| ||||
Sec. 6-107. Graduated license.
| ||||
(a) The purpose of the Graduated
Licensing Program is to | ||||
develop safe and mature driving habits in young,
inexperienced | ||||
drivers and reduce or prevent motor vehicle accidents,
| ||||
fatalities,
and injuries by:
| ||||
(1) providing for an increase in the time of practice | ||||
period before
granting
permission to obtain a driver's | ||||
license;
| ||||
(2) strengthening driver licensing and testing | ||||
standards for persons under
the age of 21 years;
| ||||
(3) sanctioning driving privileges of drivers under | ||||
age 21 who have
committed serious traffic violations or | ||||
other specified offenses; and
| ||||
(4) setting stricter standards to promote the public's | ||||
health and
safety.
| ||||
(b) The application of any person under
the age of 18 | ||||
years, and not legally emancipated by marriage, for a drivers
| ||||
license or permit to operate a motor vehicle issued under the | ||||
laws of this
State, shall be accompanied by the written consent | ||||
of either parent of the
applicant; otherwise by the guardian | ||||
having custody of the applicant, or
in the event there is no | ||||
parent or guardian, then by another responsible adult.
| ||||
No graduated driver's license shall be issued to any | ||||
applicant under 18
years
of age, unless the applicant is at | ||||
least 16 years of age and has:
| ||||
(1) Held a valid instruction permit for a minimum of 3 | ||||
months.
| ||
(2) Passed an approved driver education course
and | ||
submits proof of having passed the course as may
be | ||
required.
| ||
(3) certification by the parent, legal guardian, or | ||
responsible adult that
the applicant has had a minimum of | ||
25 hours of behind-the-wheel practice time
and is | ||
sufficiently prepared and able to safely operate a motor | ||
vehicle.
| ||
(c) No graduated driver's license or permit shall be issued | ||
to
any applicant under 18
years of age who has committed the | ||
offense of operating a motor vehicle
without a valid license or | ||
permit in violation of Section 6-101 of this Code
and no | ||
graduated driver's
license or permit shall be issued to any | ||
applicant under 18 years of age
who has committed an offense | ||
that would otherwise result in a
mandatory revocation of a | ||
license or permit as provided in Section 6-205 of
this Code or | ||
who has been either convicted of or adjudicated a delinquent | ||
based
upon a violation of the Cannabis Control Act or the | ||
Illinois Controlled
Substances Act, while that individual was | ||
in actual physical control of a motor
vehicle. For purposes of | ||
this Section, any person placed on probation under
Section 10 | ||
of the Cannabis Control Act or Section 410 of the Illinois
| ||
Controlled Substances Act shall not be considered convicted. | ||
Any person found
guilty of this offense, while in actual | ||
physical control of a motor vehicle,
shall have an entry made | ||
in the court record by the judge that this offense did
occur | ||
while the person was in actual physical control of a motor | ||
vehicle and
order the clerk of the court to report the | ||
violation to the Secretary of State
as such.
| ||
(d) No graduated driver's license shall be issued for 6 | ||
months to any
applicant
under
the
age of 18 years who has been | ||
convicted of any offense defined as a serious
traffic violation | ||
in this Code or
a similar provision of a local ordinance.
| ||
(e) No graduated driver's license holder under the age
of | ||
18 years shall operate any
motor vehicle, except a motor driven | ||
cycle or motorcycle, with
more than one passenger in the front | ||
seat of the motor vehicle
and no more passengers in the back | ||
seats than the number of available seat
safety belts as set | ||
forth in Section 12-603 of this Code.
| ||
(f) No graduated driver's license holder under the age of | ||
18 shall operate a
motor vehicle unless each driver and front | ||
or back seat passenger under the
age of 19
18 is wearing a | ||
properly adjusted and fastened seat safety belt.
| ||
(g) If a graduated driver's license holder is under the age | ||
of 18 when he
or she receives the license, for the first 6 | ||
months he or she holds the license
or
until he or she reaches | ||
the age of 18, whichever occurs sooner, the graduated
license
| ||
holder may not operate a motor vehicle with more than one | ||
passenger in the
vehicle
who is under the age of 20, unless any | ||
additional passenger or passengers are
siblings, | ||
step-siblings, children, or stepchildren of the driver.
| ||
(Source: P.A. 93-101, eff. 1-1-04; 93-788, eff. 1-1-05.)
| ||
(625 ILCS 5/12-603.1) (from Ch. 95 1/2, par. 12-603.1)
| ||
Sec. 12-603.1. Driver and passenger required to use safety | ||
belts,
exceptions and penalty.
| ||
(a) Each driver and front seat passenger of a motor vehicle | ||
operated on a
street or highway in this State shall wear a | ||
properly adjusted and
fastened seat safety belt; except that, a | ||
child less than 6 years of age shall
be protected as required | ||
pursuant to the Child Passenger Protection Act.
Each driver | ||
under the age of 18 years and each of the driver's
passengers | ||
under the age of 19
18 years of a motor vehicle operated
on a | ||
street or highway in this State shall wear a properly
adjusted | ||
and fastened seat safety belt.
Each driver of a motor vehicle | ||
transporting a child 6 years of age or
more, but less than 16 | ||
years of age, in the front seat of the motor vehicle
shall | ||
secure the child in a properly adjusted and fastened seat | ||
safety belt.
| ||
(b) Paragraph (a) shall not apply to any of the following:
| ||
1. A driver or passenger frequently stopping and | ||
leaving the vehicle or
delivering property from the | ||
vehicle, if the speed of the vehicle between
stops does not | ||
exceed 15 miles per hour.
| ||
2. A driver or passenger possessing a written statement | ||
from a physician
that such person is unable, for medical or | ||
physical reasons, to wear a seat
safety belt.
| ||
3. A driver or passenger possessing an official | ||
certificate or license
endorsement issued by the | ||
appropriate agency in another state or country
indicating | ||
that the driver is unable for medical, physical, or other | ||
valid
reasons to wear a seat safety belt.
| ||
4. A driver operating a motor vehicle in reverse.
| ||
5. A motor vehicle with a model year prior to 1965.
| ||
6. A motorcycle or motor driven cycle.
| ||
7. A motorized pedalcycle.
| ||
8. A motor vehicle which is not required to be equipped | ||
with seat safety
belts under federal law.
| ||
9. A motor vehicle operated by a rural letter carrier | ||
of the United
States postal service while performing duties | ||
as a rural letter carrier.
| ||
(c) Failure to wear a seat safety belt in violation of this | ||
Section
shall not be considered evidence of negligence, shall | ||
not limit the
liability of an insurer, and shall not diminish | ||
any recovery for damages
arising out of the ownership, | ||
maintenance, or operation of a motor vehicle.
| ||
(d) A violation of this Section shall be a petty offense | ||
and subject to a
fine not to exceed $25.
| ||
(e) (Blank).
| ||
(f) A law enforcement officer may not search or inspect a | ||
motor vehicle,
its contents, the driver, or a passenger solely | ||
because of a violation of this
Section.
| ||
(Source: P.A. 93-99, eff. 7-3-03.)
| ||
Section 10. The Child Passenger Protection Act is amended | ||
by changing Section 4b as follows:
| ||
(625 ILCS 25/4b)
| ||
Sec. 4b. Children 8 years of age or older but under the age | ||
of 19
18;
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 19
18 years, as provided in
Section 4 of this Act, shall | ||
be responsible for securing that child in a
properly
adjusted | ||
and fastened seat safety belt or an appropriate child restraint
| ||
system.
| ||
(Source: P.A. 93-100, eff. 1-1-04.)
| ||