A. For purposes of this Section, "seat safety belts" shall mean a set of belts or a harness meeting the specifications established by the Illinois Department of Transportation and installed in such a manner as to prevent or materially reduce the movement of the person using the same in the event of a collision or upset of the motor vehicle. The Illinois Department of Transportation shall establish and maintain the performance specifications for seat safety belts and for the attachment and installation thereof.
B. For purposes of this Section, "child restraint system" shall mean any device which meets the standards of the United States Department of Transportation designed to restrain, seat or position children.
C. No person shall sell any 1965 or later model motor vehicle of the first division unless the front seat of such motor vehicle is equipped with at least two (2) sets of seat safety belts. Motorcycles are exempt from the provisions of this subsection.
D. No person shall operate a 1965 or later model motor vehicle of the first division that is titled or licensed by the Secretary of State for the State of Illinois unless the front seat of such motor vehicle is equipped with at least two (2) sets of seat safety belts. Motorcycles are exempt from the provisions of this subsection.
E. Each driver and passenger of a motor vehicle operated on a roadway, street or highway within the Village shall wear a properly fastened and adjusted seat safety belt (625 ILCS 5/12-603.1 (a); except that a child less than eight (8) years of age shall be protected as required pursuant to the Child Passenger Protection Act (625 ILCS 5/25-1 et seq.). Each driver of a motor vehicle transporting a child eight (8) years of age or older, but less than sixteen (16) years of age, in the front seat of the motor vehicle shall secure the child in a properly fastened and secured seat safety belt.
F. When any person is transporting a child in the Village under eight (8) years of age in a non- commercial motor vehicle of the first division, a motor vehicle of the second division with a gross vehicle weight rating of nine thousand (9,000) pounds or less, or a recreational vehicle, on the roadways, streets or highways in the Village, such person shall be responsible for providing protection of such child by properly securing him or her in a child restraint system. The parent or legal guardian of a child under eight (8) years of age shall provide a child restraint system to any person who transports his or her child. Any person who transports the child of another shall not be found to be in violation of this subsection unless a child restraint system was provided to said person by the parent or legal guardian of the child, but was not used to transport the child.
G. Every person, when transporting a child eight (8) years of age or older but under sixteen (16) years of age, in a motor vehicle within the Village, shall be responsible for securing that child in either a child restraint system or a properly fastened and secured seat safety belt.
H. Every person under the age of eighteen (18) years, when transporting a child eight (8) years of age or older but under the age of eighteen (18) years, in a motor vehicle within the Village, shall be responsible for securing that child in a properly adjusted and fastened seat safety belt.
I. The provisions of subsection E above shall not apply to any of the following:
1. A driver or passenger frequently stopping and leaving the motor vehicle or delivering property from the motor vehicle, if the speed of the motor vehicle between stops does not exceed fifteen (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, motor driven cycle.
7. A moped.
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 duly employed by the United States Postal Service while engaged in the performance of his or her duties as a rural letter carrier.
10. A back seat passenger of a taxicab.
J. The provisions of subsection F above shall not apply to a child passenger with a physical disability of such a nature as to prevent appropriate restraint in a seat, provided that the disability is duly certified by a physician who shall state the nature of the disability, as well as the reason the restraint is inappropriate.
K. 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 any insurer, and shall not diminish any recovery for damages arising out of the ownership, maintenance and/or operation of a motor vehicle.
L. In no event shall a person's failure to secure a child under six (6) years of age in an approved child restraint system, or a properly fastened and secured seat safety belt if such child is four (4) or five (5) years of age, constitute contributory negligence or be admissible as evidence of such in the trial of any civil action.
M. Any Orland Park Police Officer may stop any motor vehicle, or driver and/or passenger of any such motor vehicle, solely on the basis of a violation or suspected violation of this Section at any time while such motor vehicle is being operated on any roadway, street and/or highway within the Village.
N. Any person violating any provision of this Section shall be fined according to the fine schedule located in Appendix B for each offense of which such person shall be convicted.
(Ord. 3636, 5-21-02; Amd. Ord. 5224, 10-2-17; Amd. Ord. 5382, 2-18-19)