(A) Each driver and front seat passenger of a motor vehicle operated on a street or highway in the state shall wear a properly adjusted and fastened seat safety belt; except that, a child less than eight 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 years of a motor vehicle operated on a street or highway in the state shall wear a properly adjusted and fastened seat safety belt. Every passenger under the age of 19 in a vehicle being driver by a person over the age of 18 who committed an offense against traffic regulations governing the movement of vehicles or any violation of this section within six months prior to the driver’s eighteenth birthday and was subsequently convicted of the violation shall wear a properly adjusted and fastened seat safety belt, until such time as a period of six consecutive months has elapsed without conviction of an offense against traffic regulations governing the movement of vehicles or any violation of this section or transporting a child eight years of age or more, but less than 16 years of age, shall secure the child in a properly adjusted and fastened seat safety belt as required under the Child Passenger Protection Act, being 625 ILCS 25/1 et seq.
(B) Division (A) above 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 mph;
(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; and
(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 ability of an insurer and shall not diminish any recovery for damages arising out of the ownership, maintenance or operation of a motor vehicle.
(Prior Code, § 24-4-29) (Ord. 09-408, passed 8-3-2009) Penalty, see § 10.99