Public Act 094-0241
 
SB0229 Enrolled LRB094 07775 DRH 37953 b

    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.)