A. Required: Each driver and passenger of a motor vehicle operated on a street or highway in the village shall wear a properly adjusted and fastened seat safety belt; except that, a child less than six (6) years of age shall be protected as required pursuant to the child passenger protection act 1 . Each driver of a motor vehicle transporting a child six (6) years of age or more, but less than sixteen (16) years of age, in a motor vehicle shall be responsible for securing the child in a properly adjusted and fastened seat safety belt.
B. Exceptions: Subsection A of this section 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 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 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.
C. Negligence And Liability: 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 damage arising out of the ownership, maintenance, or operation of a motor vehicle.
D. Violation: A village police officer may stop any motor vehicle, driver or passenger of the motor vehicle, solely on the basis of a violation or suspected violation of this section.
E. Penalty: Violation of any provision of this section is hereby declared to be a petty offense, and any operator or passenger of a passenger motor vehicle convicted of a violation hereunder shall be fined a minimum of twenty five dollars ($25.00) for the first offense up to two hundred fifty dollars ($250.00) for any additional offenses. The driver of the vehicle may also be fined a minimum of twenty five dollars ($25.00) per person for each person in the vehicle failing to be properly secured by a seat belt. One-half (1/2) of all revenue derived from fines shall be segregated into a separate fund. This fund shall be used for driving education purposes, for the purchase of car seats for indigents, or for any other purpose associated with informing the public concerning the requirement to wear seat belts. (Ord. 99-02, 2-2-1999)
Notes
| 1 | 1. 625 ILCS 25/1 et seq. |