Seat belts and child safety seats are the most effective safety device in a car. In 2008, more than 90% of Illinois drivers and passengers wore a seat belt. More than 90% of children were observed in a child passenger safety seat.
What Illinois Law Says
Primary Offenses
All front seat occupants are required to wear a safety belt or safety restraint system, regardless of age. If a passenger is under age 19, they are required to wear a seat belt or be in a proper child restraint seat, whether they are traveling in the front or back seat.
Passengers under age 16 regardless of location in the vehicle must be protected by a safety belt or restraint system (Child Passenger Protection Act).
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Overall Usage Rates
Illinois' first safety belt survey was conducted in April 1985, prior to the safety belt law becoming effective on July 1, 1985. The April 1985 baseline occupant restraint usage rate for all front seat occupants (drivers and passengers) was 15.9%. After the first year of the seat belt law, the observed usage rate rose to 36.2%. Since that time, the usage rate has shown a gradual increase, peaking in June 2008 at a level of 90.5%.
| Usage Rates by Year |
| 1985 | 15.9% |
| 1986 | 36.2% |
| 1987 | 37.3% |
| 1988 | 39.5% |
| 1989 | 40% |
| 1990 | 47.1% |
| 1991 | 50.4% |
| 1992 | 64% |
| 1993 | 67% |
| 1994 | 68.3% |
| 1995 | 68.7% |
| 1996 | 64% |
|
| 1997 | 64.2% |
| 1998 | 64.5% |
| 1999 | 65.9% |
| 2000 | 70.2% |
| 2001 | 71.4% |
| 2002 | 73.8% |
| 2003 | 76.2% |
| 2004 | 83.0% |
| 2005 | 86.0% |
| 2006 | 88.0% |
| 2007 | 90.1% |
| 2008 |
90.5% |
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Safety Belt and Child Safety Seat Facts
Illinois 2009 Data
- The Child Passenger Protection Act states, as of January 1, 2004, children under the age of 8 must be secured in an approved child restraint system. Children and young people, ages 8 and up to 16 years of age must be secured in a properly adjusted safety belt in any position in the vehicle.
- In 2009, 130,223 people were convicted of not wearing safety belts in Illinois. 5,388 people were convicted on not properly restraining their children in a moving vehicle.
- Illinois’ seat belt usage rate rose from 91.7% in 2006 to 90.1% in 2009
National 2008 Data
- There were 37,261 traffic fatalities.
- 26 states (including Illinois), Puerto Rico and the District of Columbia have primary enforcement for seat belt violations, meaning law enforcement can stop and write citations whenever they observe violations of a state’s seat belt laws. 23 states have secondary enforcement where law enforcement is permitted to write a citation only after a vehicle has been stopped for some other traffic violation.
- In 2008, safety belts and child restraints are credited with saving the lives of 13,250 vehicle passengers over the age of 4.
- Lap/shoulder belts reduce the risk of fatal injury to front-seat occupants by 45% and the risk of moderate-to-critical injuries by 50%.
- From 1975 through 2008, an estimated 8,959 lives were saved by the use of child restraints.
- When properly used, child safety seats reduce the risk of death by 71% for infants (less than 1 year old) and by 54% for toddlers (1-4 years old).
- In 2008, there were 240 fatalities among children under age 4. Of those 240 fatalities, an estimated 31% were unrestrained. Of the 119 fatalities among children ages 4-7, 36% were unrestrained.
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Safety Belt and Child Safety Seat Facts
Does this mean everyone must wear a seat belt?
No, the seat belt law requires that the driver and front seat passenger must be belted. The Graduated License Law requires drivers under age 18 can only drive when all passengers under the age of 18 are secured. And the Child Passenger Protection Act requires that any child under the age of 16, regardless of their location in the vehicle needs to be secured in a size-appropriate safety system (a child safety seat or seatbelt).
So if I am in the back seat I am not required to wear a seat belt?
If you are age 16 or more and are in the back seat with a driver age 18 or older, a seat belt is not required. If the driver is 16 or 17 years old the only passengers not required to wear a seat belt in the back seat are those age 19 or more.
Then if I am 30 years old and am in the back seat I am not required to wear a seat belt.
Correct, however we do strongly suggest for the safety of all passengers to wear seat belts.
If someone in my vehicle is not wearing a seat belt who is responsible?
The driver of a vehicle is ultimately responsible for the safety of all the passengers under age 16 and will be issued a violation for non-compliance in accordance to the Child Passenger Protection Act, regardless of their location in the vehicle. Any front seat passenger over age 16 may be issued a violation of the seat belt law if unbelted. And if the driver is 16 or 17 years old, is transporting individuals under 19 in the back seat unbelted they are in violation of the Graduated License Law and the driver will be cited. Under this condition it is also at the discretion of the officer that they may issue a violation to any passenger aged 16-17 in the back seat. If there is a disabled passenger in a vehicle who cannot fasten their own safety belt, the driver of the vehicle is responsible for ensuring the disabled person is safely secured in the vehicle.
Does this mean a police officer can stop me for no reason?
An officer can only stop a vehicle, aside from a safety checkpoint, if they have probable cause or reasonable suspicion to do so. If you do not have your seat belt on as the driver, front seat passenger or required back seat passenger, then the officer has probable cause to stop you. You have broken the Seat Belt Law, and/or may have broken the Graduated License Law or the Child Passenger Protection Act.
But then, can they search my car for no reason?
No, the law specifically states that the officer is prohibited from searching the vehicle or persons in the vehicle solely based on the stop for a seat belt violation.
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Sources:
National Highway Traffic Safety Administration
Office of the Secretary of State
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