"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
I am having the same problem. My ex wants my daughter to ride on the back of his motorcycle as soon as she's able to reach the pegs. His motorcycle riding girlfriend and him both boast about starting her undersized daughter when she was only five. I just don't understand why and how these kids are required to ride in a car seat but the law doesn't prohibit even smalll children from riding on the back of a motorcycle. What if she falls asleep or they get hit? Her little body will not stand a chance. I can just see her falling off and then getting run over. What can I do? I'm going to start petitioning for a change in law but I hope it doesn't take my daughter getting killed to get it done.
I feel for all the above who are fighting with various members of their children's lives who go against the wishes of the parents. But as a motorcycle enthusiast, I'm "chomping at the bit" to be able to take my almost 4 year old son for a ride. During my research into the passenger laws that govern New York State (PROPER FITTING, DOT HELMETS ARE REQUIRED and would still be worn by all memebers of my household even if they weren't!!), I came across the Child Riding Belt. Its quite the clever invention. IT IS NOT A SAFETY BELT and the child is never secured to the motorcycle. Rather the belts loop around the child, provides neck support, has hand grips and secures to the driver. The purpose is to keep the child from falling off the motorcycle and allows the driver to focus more on the road and its conditions instead of the passenger.
If there is no recourse for getting the offender to stop, maybe this or another device similar to it called the Little Riders Belt(as the CRB is on the pricier side)would be an "okay" compromise.
Good luck to all. But please remember that not all motorcyclists are knuckleheads who put their children at risk without a lot of thought and consideration. I've weighed all the risks involved and based on my riding style (back country roads- think Sunday driver)I believe that this is an acceptable risk.
I purchased a child riding belt about 1 year ago for my 4 yrs. My wife was skeptical at first until I showed her how it works. Now she loves the product and feels better when I take my child for a ride. I have since started a business as a distributor for the company that makes the product. Here is my web site and you can read and see pictures on how it works. Please take a look.
www.t-jridingbelts.net
Some of you have to get over it. Take a look at China, Vietnam, any asian country. Look at their roads and traffic patterns. Now that is nuts. Motorcycles are growing in popularity due to fuel prices. My 11 yr old rides with me anywhere. Her first ride was when she was 6 with my Uncle on a large touring Harley around town at 30 mph. My 3 yr old wants to go but I wont take her because she is too small. They make leathers, protective gear and helmets for kids.
Motorcycles aren't dangerous per se..... Cars who pull out with out looking are the ones at fault. Start seeing motorcycles!!!!. You are going to see more of them every year this economy stays in the toilet. So get used to it.
I drive 250 miles every week to work and back. Taking any of my 2 bikes saves me money I despirately need as I pay $125 in support to the 3 yr olds mom, but I only get $55 a month from the 11 yr olds mom if and when she decides to pay it. So to make ends meet I have to ride as often as I can because one gets 42mpg the other about 65.
NOW TO AGREE ON SOMETHING....if your ex is taking the kid to bars, going on poker runs, or driving like an idiot, I see your point.
and helmets should be a must!