# Illinois Law: Juveniles in the Front Seat of a Car

**URL:** <https://boards.straightdope.com/t/illinois-law-juveniles-in-the-front-seat-of-a-car/564541>\
**Category:** Factual Questions\
**Created:** [December 17, 2010, 6:54pm UTC](https://boards.straightdope.com/t/illinois-law-juveniles-in-the-front-seat-of-a-car/564541 "2010-12-17T18:54:12Z")\
**Posts on this page:** 6\
**Page:** 1

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**Author:** ![HeyHomie](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/heyhomie/32/207_2.png) [@HeyHomie](https://boards.straightdope.com/u/HeyHomie)\
**Post date:** [December 17, 2010, 6:54pm UTC](https://boards.straightdope.com/t/illinois-law-juveniles-in-the-front-seat-of-a-car/564541/1 "2010-12-17T18:54:12Z")

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YOU ARE NOT MY LAWYER, I AM NOT YOUR CLIENT, I AM NOT ASKING FOR LEGAL ADVICE, blah blah blah.

I transport my BFF’s stepson to chess practice (I’m the coach) every Saturday morning, due to a host of reasons I won’t get into now. I let him sit in the front seat, but a colleague at work mentioned that it’s verboten in Illinois to let a child under 12 ride in the front seat of an airbag-equipped car. The lad is turning 12 any day now, so if this is really a law it’s about to be moot, but I’m curious anyway.

Are there any Illinois lawyers in the house who can cite book chapter & verse on this?

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**Author:** ![WhyNot](https://avatars.discourse-cdn.com/v4/letter/w/c77e96/32.png) [@WhyNot](https://boards.straightdope.com/u/WhyNot)\
**Post date:** [December 17, 2010, 7:02pm UTC](https://boards.straightdope.com/t/illinois-law-juveniles-in-the-front-seat-of-a-car/564541/2 "2010-12-17T19:02:43Z")

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No, it’s not true. Kids under 8 must be in a proper safety seat until they hit 41 pounds, but it can be in any position in the car. Above 40 pounds, they can be without a booster in the back if there are only lap belts (you can’t use lap belts alone with a booster, they require shoulder belts to be safe) but if there is a lap/shoulder belt in the back, it must be used instead of the lap belt. Kids under 16 (or 19 if the driver is 18) must wear a seatbelt, but again, anywhere in the car. [cite](http://www.isp.state.il.us/safety/restraints.cfm)

Of course, the front seat with an airbag is \*dangerous \*for [anyone under 5’3"](http://www.webmd.com/parenting/news/20070516/air-bag-injury-risk-linked-to-height), no matter what their age. Turn off the airbag or have the kid sit in the back, unless he’s uncommonly tall.

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**Author:** ![The\_Man\_In\_Black](https://avatars.discourse-cdn.com/v4/letter/t/bcef8e/32.png) [@The\_Man\_In\_Black](https://boards.straightdope.com/u/The_Man_In_Black)\
**Post date:** [December 17, 2010, 7:05pm UTC](https://boards.straightdope.com/t/illinois-law-juveniles-in-the-front-seat-of-a-car/564541/3 "2010-12-17T19:05:33Z")

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True or no, I have heard of children being beheaded (or nearly so) by air bags. So even if it is legal, it may not be smart.

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**Author:** ![Duckster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duckster/32/1244_2.png) [@Duckster](https://boards.straightdope.com/u/Duckster)\
**Post date:** [December 17, 2010, 7:21pm UTC](https://boards.straightdope.com/t/illinois-law-juveniles-in-the-front-seat-of-a-car/564541/4 "2010-12-17T19:21:00Z")

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> [@](#):
>
> **The Illinois “Child Passenger Protection Act” - What does it require?**
> 
> In Illinois, the law states that each driver and front seat passenger of a motor vehicle must wear a properly adjusted and fastened seat safety belt.
> 
> ```
> Provides that whenever a person is transporting a child under age 8, the person is responsible for properly securing the child in an appropriate child restraint system, which includes a booster seat. Every person, when transporting a child 8 years of age or older, but under age 16, is responsible for properly securing that child in a seat belt. If the vehicle used to transport children under eight years of age is equipped with lap belts only in the back seat and the child weighs more than 40 pounds, the child may be transported in the back seat wearing a lap belt only. If a combination lap and shoulder belt is available, the child must be secured in a booster seat.
> 
> ```

[http://www.isp.state.il.us/safety/restraints.cfm](http://www.isp.state.il.us/safety/restraints.cfm)

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**Author:** ![Eva\_Luna](https://avatars.discourse-cdn.com/v4/letter/e/e495f1/32.png) [@Eva\_Luna](https://boards.straightdope.com/u/Eva_Luna)\
**Post date:** [December 17, 2010, 8:00pm UTC](https://boards.straightdope.com/t/illinois-law-juveniles-in-the-front-seat-of-a-car/564541/5 "2010-12-17T20:00:18Z")

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> [@WhyNot](#):
>
> Of course, the front seat with an airbag is \*dangerous \*for [anyone under 5’3"](http://www.webmd.com/parenting/news/20070516/air-bag-injury-risk-linked-to-height), no matter what their age. Turn off the airbag or have the kid sit in the back, unless he’s uncommonly tall.

By that logic, I should drive my own car sitting from the back! (I’m 5’1".) Or am I supposed to use a booster seat?

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**Author:** ![WhyNot](https://avatars.discourse-cdn.com/v4/letter/w/c77e96/32.png) [@WhyNot](https://boards.straightdope.com/u/WhyNot)\
**Post date:** [December 17, 2010, 8:13pm UTC](https://boards.straightdope.com/t/illinois-law-juveniles-in-the-front-seat-of-a-car/564541/6 "2010-12-17T20:13:34Z")

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> [@Eva\_Luna](#):
>
> By that logic, I should drive my own car sitting from the back! (I’m 5’1".) Or am I supposed to use a booster seat?

You’re supposed to have the shop turn off the airbag for you, if you can’t do it yourself. It’s safer for you to be in a car accident with no airbag than a functioning airbag.

ETA: I see some have refined their conditions to a person who can’t consistently sit _at least 10 inches back from the steering wheel_, rather than based on standing height. More info here: [http://www.tc.gc.ca/eng/roadsafety/tp-tp13178-page4\_e-184.htm](http://www.tc.gc.ca/eng/roadsafety/tp-tp13178-page4_e-184.htm)
