"I have some concerns of my step-son riding a motorcycle with his mother. I need to know the rules and regulations of a 4 and 8 year old riding on a motorcycle with their mother (non-custodial)parent. Please e-mail me back with some information. Your time is greatly appreciated. E-mail me back if you need further information."
Thanks, Regina
Regina,
Illinois traffic laws currently do not prohibit children from riding on a motorcycle with adults. Motorcycles are specifically exempted by both the Seat Belt and Child Passenger Safety laws. The only requirements by law are:
* That all drivers and passengers wear protective glasses or a shield,
* That the motorcycle must have a seat designed for a passenger and be otherwise equipped (usually footpegs)
* That the driver and passenger must ride while sitting astride the seat (one leg on each side of the bike) not side-saddle.
There is no helmet law in Illinois currently, even for children. I certainly understand your safety concerns for your step-son. As the custodial parents, a recourse for you may be to speak with the child's mother and either ask her not to ride the child on the motorcycle, or provide a helmet to offer some degree of protection when they do ride.
Thanks for the opportunity to address your questions. While the Illinois State Police is a strong advocate of child passenger safety, we must work within the laws as they are currently written.
Randy
Hi Randy,
My son just turned 3 years of age. I recently learned that his grandfather, (his father's father,) occassionally takes him for a spin on his motorcycle despite my firm request against this. Since there is no helmet law in Illinois, nor laws against youth above 1 year riding motorcycles, I cannot take legal action against him for these issues. However, is there any other way I can take legal action?
Thank you for your time!
Melissa
Melissa,
I completely agree with you that your 3 year old's grandfather should obey your wishes as the child's parent. As I mentioned above however, he is probably not breaking any specific law. The only charge that comes to mind is "Child Endangerment" --720 ILCS 5/12-21.6 This is a misdemeanor except upon a second or subsequent violation. Realistically, you would have to specifically detail how he was "willfully causing or permitting the life or health of a child under age 18 to be endangered or to willfully cause or permit a child to be placed in circumstances that endanger the child's life or health."
It would be best, obviously, if you can get him to voluntarily comply with your wishes. You would have to consult with the State's Attorney in your area on placing any charges against him. They may not take the act of riding the child on a motorcycle by itself as enough to warrant this charge. Some specific incident showing that the child was in danger may have to be cited, if applicable. Hope that information is helpful. -Randy
I have shared custody with my ex-husband who owns a motorcycle and who flat out refuses to stop riding my child around on the back of his bike. There are no laws in effect to protect her or to stop him. She wears my old helmet which was too big for me and slides right off. Meanwhile I can be given a ticket for not having her in the back seat, with a seat belt locked, in a booster chair. Huh? This issue needs action. I am trying to do something about it.
Please help. Let's start a national campaign and get a law on the books that prevents normally intelligent people from endangering children.
Contact my email at valariepainter@yahoo.com
From M/Sgt. Ness-
Valarie, good luck with your efforts. Some states do have helmet laws or motorcycle rules for children. It is definitely an area that needs to be looked at.
Randy
Dear M/Sgt. Ness --
Thank you very much for the information on your website! This has been very helpful with my latest eco-project, the Twike (http://www.uiuc.edu/goto/twike).
I sympathize with the problems of the parents in the above postings, and while I completely agree that the motorcycle laws regarding helmets and children in Illinois are insane, in my case it works to my advantage (also insane, you can't get an organ donor motorcycle license plate, which when I found that out, I thought, 'Hey, that's silly -- motorcycle riders are the largest pool of potential organ donors')
The Twike is a completely enclosed electric three-wheeled vehicle (all season), which in Illinois registers as a motorcycle (like the Harley's & Goldwings where they chop off the rear wheel and replace it with two -- Trike bodystyle). I use it as an in-town vehicle only (I've had it up to 57mph -- once, but most days it goes 35-45mph tops), to drop-off/pickup the kiddos (6yr-old & 1yr-old) at school/daycare prior to going to work on campus at the University of Illinois at Urbana-Champaign (where it costs employees $400 for a single parking spot for a car, but only $34 for a permit to park anywhere there's a 'motorcycle parking permitted' sign). On the eco-side, it's zero emissions and it gets an estimated gas-equivalent of 250-600 miles per gallon.
Due to its low center of gravity and the majority of the wieght being over the rear axle, tt is quite stable and easily seen (it rather sticks out) due to its broad profile when compared to a 2-wheeled bike (either moto or bicycle)... not to mention its uniqueness...
I recently modified the boot area (still within the passenger compartment) to securely mount a carseat base for the 1-year-old directly to the frame of the vehicle with screws and shock/bungie cord. While a carseat is not required (as it is a motorcycle), I find it safer to keep her contained in this fashion rather than the typical 'seatbelt it in' which I've never found works very solidly with carriers designed to click into bases -- it always seems quite sloppy to me -- better than nothing, but sloppy.
I will be adding your information to the laminated abridged version of the Illinois Vehicle code that I keep in the Twike that contains the laws on the books that apply to the Twike 'just in case' -- obviously it is far easier to document/show an existing law, than to show/prove 'There's nothing on the books in Illinois regarding children on motorcycles' so your comments will aid in that.
Once again, thanks for your insight, and I'd appreciate any comments/suggestions you have!
Has anyone found relief for "child motorcycle riding"? I am facing a similiar situation with my child (being ridden without my consent) and would like to know how to proceed; I live in Florida
Thanks,
you can e-mail me at frayner@aol.com