I have a 50cc scooter and I ride my daughter on it. I prefer to have her sit in front of me so I more control of her if something was to happen ,rather than have her behind me as to if something would happen I would have trouble grabbing her if something was to happen. I had a Police officer pull me over and said I was riding her illegally, wanted to know Illinois law on riding children.I can understand if it was a motorcyle,setup is different.I would never ride a child on a motorcyle unless there feet could touch footpegs.
On a scooter it is set up different,child is safer in between my legs. Want to know exact law to state this way of riding is illegal or if not what law state it is ok, so I may copy and carry with me incase I get pulled over.
Thanks in advance
Vince
Vince, Thank you for writing.
Illinois traffic laws currently say little about children riding on a motorcycle or motor driven cycle with adults. Motorcycles (150cc & up) and Motor Driven cycles (under 150cc's) are specifically exempted by both the Seat Belt and Child Passenger Safety laws. The only requirements by law for motorcycles are: (from 625 ILCS 5/11-1403 & 11-1404)
* 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.
Based on the wording "seat designed for a passenger" it is generally accepted that seats on these vehicles are designed for the passenger to ride to the rear of a driver. However, in fact, the section that refers to riding on Motorcycles (625 ILCS 5/11-1403) specifically says MOTORCYCLES, which by definition in the Illinois Vehicle Code are different than MOTOR DRIVEN CYCLES. (those like yours under 150cc's)
The officer could also apply 625 ILCS 5/11-1406, Obstruction of driver's view or driving mechanism, if he feels that the child riding in front of you in any way impairs your ability to operate the motorcycle or motor driven cycle or to see properly.
While I wish I could give you a more definitive answer, I can only tell you what the law specifically addresses. The intent of the law, I believe, is that any passenger would sit on the portion of a seat designed for a passenger, and utilize the footpegs. If the child cannot do that, you may need to consider if he or she is too young to ride on the cycle.
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