Child Safety Seat Requirement

Children under the age of 8 must be secured in an appropriate child restraint system, more commonly called a safety seat. Child safety seats include infant seats, convertible seats (rear-facing for infants and forward-facing for toddlers) and booster seats that are used with the vehicle lap shoulder belt system. The parent or legal guardian of a child under the age of eight years is responsible for providing a child safety seat to anyone who transports his or her child. 

Children weighing more than 40 pounds may be transported in the back seat of a motor vehicle while wearing only a lap belt if the back seat is not equipped with a lap and shoulder belt system.

  • Children ages 8 years of age or older but under the age of 16 must be secured in a properly adjusted safety belt in any position in the vehicle.
  • Persons in violation of this law will be subject to a $50 fine for a first offense. This fine will be waived upon proof of possession of an approved safety seat. Subsequent violations are punishable with a $100 fine.
NOTE: According to the Illinois Graduated Driver Licensing System, if the driver is 16 or 17, the above passenger restraint requirements extend to all passengers under the age of 19, rather than 18. (New requirement as of January 1, 2006.)
NOTE: Children with physical disabilities that prevent the use of standard safety seats are exempt from the provisions of the Child Passenger Protection Act if the disability is duly certified by a licensed physician.