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Child Passenger Safety / Illinois

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

A child is the most precious cargo that can be transported in your vehicle, but sometimes children aren’t well protected on the road. Statistics show that in Illinois, 25% of children who are unrestrained in a vehicle die if their vehicle crashes. However, child deaths can drop by 71% and injuries can be reduced by 67% with the use of car seats. These numbers show how important it is that parents and caretakers take action to protect children in vehicles.

First, make sure to use a proper restraint. Unfortunately, this can be more difficult than anticipated. It can all become confusing with age and weight limits, different restraints for children of different sizes, and installation requirements for various car seats and booster seats. 

The law in Illinois concerning child restraint has been crafted to answer a parent’s questions as clearly as possible. In addition, experts, educational materials, and workshops are offered throughout the state to help parents and guardians apply information in the most practical way possible.

A major part of Illinois child restraint laws is the Illinois Child Passenger Protection Act. This act requires that “all children under age 8 be properly secured in an appropriate child safety restraint system. This includes the use of booster seats, which must only be used with a lap/shoulder safety belt. If the back seat of the vehicle is not equipped with lap/shoulder type safety belts, a child weighing more than 40 pounds may be transported in the back seat without a booster seat, secured with a lap belt only.”

As of January 1, 2019, the Act is extended the requirement “for children under age 2 years to be properly secured in a rear-facing child restraint system unless the child weighs 40 or more pounds or is 40 or more inches tall.”

As we’ve seen in the wording of the law itself, children must be in some kind of restraint until they are eight years old. But parents should err on the side of caution in deciding exactly when to move any child into the next seat, even if they have reached a certain age. Height and weight are often more important than age due to the added protection offered provided by car seats in comparison to booster seats or seat belts. That being said, here are the requirements for children based on age. 

Newborns-2 years old: secured in a rear-facing car seat, in the back seat, until they are 40 pounds or more than 40 inches tall. 

Ages 2-4: remain in a rear-facing safety seat as long as they fall within those same weight and height parameters. At that point, the child can be placed in a forward-facing seat with a harness.

Ages 4-8: remain in the forward-facing seat until they reach the upper limits of weight and height outlined by the car seat manufacturer. At that point, parents can transition the child to a belt-positioning booster seat. The seat must be used with both the lap and shoulder belts.

Ages 8-12 (and beyond): remain in a belt-positioning booster seat, as described above, until they reach a height that allows for a proper fit in an adult lap or shoulder belt. This means the lap belt must fit low across the child’s thighs, not the stomach. The shoulder belt must not be across the neck or face, instead fitting snugly against the shoulder and chest in order to provide proper protection.

By following these guidelines, you can ensure that you are complying with Illinois state law. Perhaps even more importantly, these guidelines help to protect the children in your care in case of an accident.

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