Bill Amendment: IL SB3336 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: LOW-SPEED ELECTRIC BICYCLE
Status: 2026-07-02 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB3336 Detail]
Download: Illinois-2025-SB3336-Senate_Amendment_001.html
Bill Title: LOW-SPEED ELECTRIC BICYCLE
Status: 2026-07-02 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB3336 Detail]
Download: Illinois-2025-SB3336-Senate_Amendment_001.html
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| 1 | AMENDMENT TO SENATE BILL 3336 | ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 3336 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
| 5 | changing Sections 1-117.7, 1-140.10, 1-140.11, 1-140.15, | ||||||
| 6 | 1-145.001, 1-146, 1-158, 3-101, 3-102, 3-402, 6-102, 11-501, | ||||||
| 7 | and 11-1517 and by adding Sections 1-106.1, 1-106.2, 1-117.6, | ||||||
| 8 | 1-117.8, 1-117.9, 1-125.11, 1-205.5, 1-213.7, 11-317, | ||||||
| 9 | 11-1008.5, 11-1403.4, and 11-1435 as follows: | ||||||
| 10 | (625 ILCS 5/1-106.1 new) | ||||||
| 11 | Sec. 1-106.1. Bicycle lane. A restricted right-of-way that | ||||||
| 12 | runs alongside a roadway and is designated for the exclusive | ||||||
| 13 | or semi-exclusive use of bicycles with through travel by motor | ||||||
| 14 | vehicles or pedestrians prohibited, but with vehicle parking | ||||||
| 15 | and crossflows by pedestrians and motorists permitted. | ||||||
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| 1 | (625 ILCS 5/1-106.2 new) | ||||||
| 2 | Sec. 1-106.2. Bicycle path. A right-of-way that is | ||||||
| 3 | completely separate from a highway that is designated for the | ||||||
| 4 | exclusive use of bicycles and pedestrians with crossflows by | ||||||
| 5 | motorists minimized. | ||||||
| 6 | (625 ILCS 5/1-117.6 new) | ||||||
| 7 | Sec. 1-117.6. Electric micromobility device. A | ||||||
| 8 | light-weight, low-speed, electric-powered device primarily | ||||||
| 9 | used for personal transportation. "Electric micromobility | ||||||
| 10 | device" includes electric skateboards, electric unicycles, | ||||||
| 11 | low-speed electric scooters, and high-speed electric scooters. | ||||||
| 12 | For purposes of this Code, an electric micromobility device | ||||||
| 13 | shall be considered a motor vehicle. "Electric micromobility | ||||||
| 14 | device" does not include an electric personal assistive | ||||||
| 15 | micromobility device or a toy vehicle. | ||||||
| 16 | (625 ILCS 5/1-117.7) | ||||||
| 17 | Sec. 1-117.7. Electric personal assistive mobility device. | ||||||
| 18 | A self-balancing 2 non-tandem wheeled device designed to | ||||||
| 19 | transport only one person with an electric propulsion system | ||||||
| 20 | that limits the maximum speed of the device to 15 miles per | ||||||
| 21 | hour or less, including, but not limited to, products marketed | ||||||
| 22 | under the brand names of "Segway" or "Hoverboard" and other | ||||||
| 23 | similar self-balancing 2 non-tandem wheeled products. | ||||||
| 24 | "Electric personal assistive mobility device" does not include | ||||||
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| 1 | an electric micromobility device. | ||||||
| 2 | (Source: P.A. 92-868, eff. 6-1-03.) | ||||||
| 3 | (625 ILCS 5/1-117.8 new) | ||||||
| 4 | Sec. 1-117.8. Electric unicycle. A self-balancing | ||||||
| 5 | one-wheeled device designed to transport only one person with | ||||||
| 6 | an electric propulsion system. Except as may otherwise be | ||||||
| 7 | provided in this Code and to the extent practicable, the | ||||||
| 8 | provisions of Article XV of Chapter 11 that apply to bicycles | ||||||
| 9 | shall also apply to electric unicycles. | ||||||
| 10 | (625 ILCS 5/1-117.9 new) | ||||||
| 11 | Sec. 1-117.9. Electric skateboard. A skateboard powered by | ||||||
| 12 | an electric motor. | ||||||
| 13 | (625 ILCS 5/1-125.11 new) | ||||||
| 14 | Sec. 1-125.11. High-speed electric scooter. A device with | ||||||
| 15 | 2 or 3 wheels, handlebars, and a floorboard that can be stood | ||||||
| 16 | upon while riding, that is solely powered by an electric motor | ||||||
| 17 | and human power, and whose maximum speed, with or without | ||||||
| 18 | human propulsion, is more than 15 miles per hour. "High-speed | ||||||
| 19 | electric scooter" does not include a moped or motor driven | ||||||
| 20 | cycle. | ||||||
| 21 | (625 ILCS 5/1-140.10) | ||||||
| 22 | Sec. 1-140.10. Low-speed electric bicycle. A bicycle | ||||||
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| 1 | equipped with fully operable pedals and an electric motor of | ||||||
| 2 | less than 750 watts that meets the requirements of one of the | ||||||
| 3 | following classes: | ||||||
| 4 | (a) "Class 1 low-speed electric bicycle" means a | ||||||
| 5 | low-speed electric bicycle equipped with a motor that | ||||||
| 6 | provides assistance only when the rider is pedaling and | ||||||
| 7 | that ceases to provide assistance when the bicycle reaches | ||||||
| 8 | a speed of 20 miles per hour. | ||||||
| 9 | (b) "Class 2 low-speed electric bicycle" means a | ||||||
| 10 | low-speed electric bicycle equipped with a motor that may | ||||||
| 11 | be used exclusively to propel the bicycle and that is not | ||||||
| 12 | capable of providing assistance when the bicycle reaches a | ||||||
| 13 | speed of 20 miles per hour. | ||||||
| 14 | (c) "Class 3 low-speed electric bicycle" means a | ||||||
| 15 | low-speed electric bicycle equipped with a motor that | ||||||
| 16 | provides assistance only when the rider is pedaling and | ||||||
| 17 | that ceases to provide assistance when the bicycle reaches | ||||||
| 18 | a speed of 28 miles per hour. | ||||||
| 19 | A "low-speed electric bicycle" is not a moped or a motor | ||||||
| 20 | driven cycle. Any electric bicycle that is not a low-speed | ||||||
| 21 | electric bicycle shall be considered a motor driven cycle for | ||||||
| 22 | purposes of this Code. | ||||||
| 23 | (Source: P.A. 100-209, eff. 1-1-18.) | ||||||
| 24 | (625 ILCS 5/1-140.11) | ||||||
| 25 | Sec. 1-140.11. Low-speed electric scooter. A device | ||||||
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| 1 | weighing less than 100 pounds, with 2 or 3 wheels, handlebars, | ||||||
| 2 | and a floorboard that can be stood upon while riding, that is | ||||||
| 3 | solely powered by an electric motor and human power, and whose | ||||||
| 4 | maximum speed, with or without human propulsion, is no more | ||||||
| 5 | than 15 10 miles per hour. "Low-speed electric scooter" does | ||||||
| 6 | not include a moped or motor-driven cycle. | ||||||
| 7 | (Source: P.A. 103-899, eff. 8-9-24.) | ||||||
| 8 | (625 ILCS 5/1-140.15) | ||||||
| 9 | Sec. 1-140.15. Low-speed gas bicycle. A 2-wheeled or | ||||||
| 10 | 3-wheeled device with fully operable pedals and a gasoline | ||||||
| 11 | motor of less than one horsepower or 15 cubic centimeter | ||||||
| 12 | displacement that is operated at speeds of less than 20 miles | ||||||
| 13 | per hour. Any gas-powered bicycle that is not a low-speed gas | ||||||
| 14 | bicycle shall be considered a motor driven cycle for purposes | ||||||
| 15 | of this Code. | ||||||
| 16 | (Source: P.A. 103-706, eff. 1-1-25.) | ||||||
| 17 | (625 ILCS 5/1-145.001) (from Ch. 95 1/2, par. 1-148) | ||||||
| 18 | Sec. 1-145.001. Motor driven cycle. Every motorcycle, | ||||||
| 19 | moped, and every motor scooter with an internal combustion | ||||||
| 20 | engine of less than 150 cubic centimeter piston displacement, | ||||||
| 21 | or an electric motor with a nominal power rating of greater | ||||||
| 22 | than 750 watts but less than or equal to 8,000 watts, including | ||||||
| 23 | motorized pedalcycles and every gas-powered bicycle that is | ||||||
| 24 | not a low-speed gas bicycle. | ||||||
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| 1 | (Source: P.A. 90-89, eff. 1-1-98.) | ||||||
| 2 | (625 ILCS 5/1-146) (from Ch. 95 1/2, par. 1-146) | ||||||
| 3 | Sec. 1-146. Motor vehicle. Every vehicle which is | ||||||
| 4 | self-propelled and every vehicle which is propelled by | ||||||
| 5 | electric power obtained from overhead trolley wires, but not | ||||||
| 6 | operated upon rails, except for vehicles moved solely by human | ||||||
| 7 | power, motorized wheelchairs, low-speed electric bicycles, and | ||||||
| 8 | low-speed gas bicycles. For this Code Act, motor vehicles are | ||||||
| 9 | divided into two divisions: | ||||||
| 10 | First Division: Those motor vehicles which are designed | ||||||
| 11 | for the carrying of not more than 10 persons. | ||||||
| 12 | Second Division: Those motor vehicles which are designed | ||||||
| 13 | for carrying more than 10 persons, those motor vehicles | ||||||
| 14 | designed or used for living quarters, those motor vehicles | ||||||
| 15 | which are designed for pulling or carrying freight, cargo or | ||||||
| 16 | implements of husbandry, and those motor vehicles of the First | ||||||
| 17 | Division remodelled for use and used as motor vehicles of the | ||||||
| 18 | Second Division. | ||||||
| 19 | (Source: P.A. 96-125, eff. 1-1-10.) | ||||||
| 20 | (625 ILCS 5/1-158) (from Ch. 95 1/2, par. 1-158) | ||||||
| 21 | Sec. 1-158. Pedestrian. Any person afoot or wearing | ||||||
| 22 | in-line speed skates or riding a non-motorized skateboard or | ||||||
| 23 | operating a toy vehicle, including a person with a physical, | ||||||
| 24 | hearing, or visual disability. | ||||||
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| 1 | (Source: P.A. 103-706, eff. 1-1-25.) | ||||||
| 2 | (625 ILCS 5/1-205.5 new) | ||||||
| 3 | Sec. 1-205.5. Toy vehicle. Any battery powered ride-on toy | ||||||
| 4 | that (i) is designed to not exceed 10 miles per hour, (ii) | ||||||
| 5 | includes any number of wheels or handlebars or a steering | ||||||
| 6 | wheel, and a seat or platform, and (iii) is designed for | ||||||
| 7 | children under 8 years of age, including, but not limited to, | ||||||
| 8 | products marketed under the brand names of "Razor" or "Power | ||||||
| 9 | Wheels" and other similar products. | ||||||
| 10 | (625 ILCS 5/1-213.7 new) | ||||||
| 11 | Sec. 1-213.7. Unicycle. Every human-powered device with | ||||||
| 12 | one wheel and operable pedals and a designated seat for the | ||||||
| 13 | transportation of one person. Except as may otherwise be | ||||||
| 14 | provided in this Code and to the extent practicable, the | ||||||
| 15 | provisions of Article XV of Chapter 11 that apply to bicycles | ||||||
| 16 | shall also apply to unicycles. | ||||||
| 17 | (625 ILCS 5/3-101) (from Ch. 95 1/2, par. 3-101) | ||||||
| 18 | Sec. 3-101. Certificate of title required. | ||||||
| 19 | (a) Except as provided in Section 3-102, every owner of a | ||||||
| 20 | vehicle which is in this State and for which no Illinois | ||||||
| 21 | certificate of title has been issued by the Secretary of State | ||||||
| 22 | shall make application to the Secretary of State for an | ||||||
| 23 | Illinois certificate of title of the vehicle. Except as | ||||||
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| 1 | provided in Section 3-102, every owner of a vehicle, excluding | ||||||
| 2 | vehicles acquired by insurance companies through a settlement | ||||||
| 3 | of an insurance claim or by lienholders taking title through | ||||||
| 4 | repossession, that is in this State for which no Illinois | ||||||
| 5 | certificate of title has been issued by the Secretary of State | ||||||
| 6 | and every owner of a vehicle that is in the State applying for | ||||||
| 7 | a duplicate certificate of title or a corrected certificate of | ||||||
| 8 | title, including a dealer lien release certificate of title, | ||||||
| 9 | must make application to the Secretary of State for an | ||||||
| 10 | Illinois duplicate certificate of title or corrected | ||||||
| 11 | certificate of title. A certificate of title issued to any | ||||||
| 12 | owner of a vehicle, excluding vehicles acquired by insurance | ||||||
| 13 | companies through a settlement of an insurance claim or by | ||||||
| 14 | lienholders taking title through repossession, in this State | ||||||
| 15 | showing an Illinois address for the owner that has been issued | ||||||
| 16 | by an entity other than the Secretary of State must be | ||||||
| 17 | converted to an Illinois title before the owner can transfer | ||||||
| 18 | ownership of the vehicle. | ||||||
| 19 | Under no circumstances shall a dealer required to obtain | ||||||
| 20 | an Illinois certificate of title pursuant to this Code be | ||||||
| 21 | allowed to obtain an out-of-state certificate of title for | ||||||
| 22 | purposes of a vehicle held for sale in this State by the | ||||||
| 23 | dealer. Under no circumstances shall a dealer be allowed to | ||||||
| 24 | obtain an out-of-state certificate of title in lieu of an | ||||||
| 25 | Illinois-issued dealer lien release certificate of title when | ||||||
| 26 | a dealer may have need of such title issuance. Nothing in this | ||||||
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| 1 | Section shall be construed so as to allow a dealer to acquire | ||||||
| 2 | an out-of-state certificate of title in lieu of acquiring an | ||||||
| 3 | Illinois certificate of title for purposes of a vehicle held | ||||||
| 4 | for sale in this State by the dealer. | ||||||
| 5 | (b) Every owner of a motorcycle or motor driven cycle | ||||||
| 6 | purchased new on and after January 1, 1980 shall make | ||||||
| 7 | application to the Secretary of State for a certificate of | ||||||
| 8 | title. However, if such cycle is not properly manufactured or | ||||||
| 9 | equipped for general highway use pursuant to the provisions of | ||||||
| 10 | this Act, it shall not be eligible for license registration, | ||||||
| 11 | but shall be issued a distinctive certificate of title except | ||||||
| 12 | as provided in Sections 3-102 and 3-110 of this Act. | ||||||
| 13 | (b-5) Every owner of (i) a motor driven cycle that is | ||||||
| 14 | powered by an electric motor with a nominal power rating of | ||||||
| 15 | greater than 750 watts but less than or equal to 8,000 watts or | ||||||
| 16 | (ii) a gas-powered bicycle capable of operating at speeds | ||||||
| 17 | greater than 28 miles per hour, purchased new on and after | ||||||
| 18 | January 1, 2027, shall make application to the Secretary of | ||||||
| 19 | State for a certificate of title; as long as such motor driven | ||||||
| 20 | cycle or gas-powered bicycle has a vehicle identification | ||||||
| 21 | number with which it is associated before a certificate of | ||||||
| 22 | title may be issued. However, if such motor driven cycle or | ||||||
| 23 | gas-powered bicycle is not properly manufactured or equipped | ||||||
| 24 | for general highway use under this Code, it shall not be | ||||||
| 25 | eligible for registration, but shall be issued a distinctive | ||||||
| 26 | certificate of title except as provided in Sections 3-102 and | ||||||
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| 1 | 3-110. | ||||||
| 2 | (c) The Secretary of State shall not register or renew the | ||||||
| 3 | registration of a vehicle unless a certificate of title has | ||||||
| 4 | been issued by the Secretary of State to the owner or an | ||||||
| 5 | application therefor has been delivered by the owner to the | ||||||
| 6 | Secretary of State. | ||||||
| 7 | (d) Every owner of an all-terrain vehicle or off-highway | ||||||
| 8 | motorcycle purchased on or after January 1, 1998 shall make | ||||||
| 9 | application to the Secretary of State for a certificate of | ||||||
| 10 | title. | ||||||
| 11 | (e) Every owner of a low-speed vehicle manufactured after | ||||||
| 12 | January 1, 2010 shall make application to the Secretary of | ||||||
| 13 | State for a certificate of title. | ||||||
| 14 | (Source: P.A. 103-891, eff. 8-9-24.) | ||||||
| 15 | (625 ILCS 5/3-102) (from Ch. 95 1/2, par. 3-102) | ||||||
| 16 | Sec. 3-102. Exclusions. No certificate of title need be | ||||||
| 17 | obtained for: | ||||||
| 18 | 1. a vehicle owned by the State of Illinois; or a | ||||||
| 19 | vehicle owned by the United States unless it is registered | ||||||
| 20 | in this State; | ||||||
| 21 | 2. a vehicle owned by a manufacturer or dealer and | ||||||
| 22 | held for sale, even though incidentally moved on the | ||||||
| 23 | highway or used for purposes of testing or demonstration, | ||||||
| 24 | provided a dealer reassignment area is still available on | ||||||
| 25 | the manufacturer's certificate of origin or the Illinois | ||||||
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| 1 | title; or a vehicle used by a manufacturer solely for | ||||||
| 2 | testing; | ||||||
| 3 | 3. a vehicle owned by a non-resident of this State and | ||||||
| 4 | not required by law to be registered in this State; | ||||||
| 5 | 4. a motor vehicle regularly engaged in the interstate | ||||||
| 6 | transportation of persons or property for which a | ||||||
| 7 | currently effective certificate of title has been issued | ||||||
| 8 | in another State; | ||||||
| 9 | 5. a vehicle moved solely by animal power; | ||||||
| 10 | 6. an implement of husbandry; | ||||||
| 11 | 7. special mobile equipment; | ||||||
| 12 | 8. an apportionable trailer or an apportionable | ||||||
| 13 | semitrailer registered in the State prior to April 1, | ||||||
| 14 | 1998; | ||||||
| 15 | 9. a manufactured home for which an affidavit of | ||||||
| 16 | affixation has been recorded pursuant to the Conveyance | ||||||
| 17 | and Encumbrance of Manufactured Homes as Real Property and | ||||||
| 18 | Severance Act unless with respect to the same manufactured | ||||||
| 19 | home there has been recorded an affidavit of severance | ||||||
| 20 | pursuant to that Act; | ||||||
| 21 | 10. low-speed electric scooters; . | ||||||
| 22 | 11. electric micromobility devices. | ||||||
| 23 | (Source: P.A. 103-899, eff. 8-9-24.) | ||||||
| 24 | (625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402) | ||||||
| 25 | Sec. 3-402. Vehicles subject to registration; exceptions. | ||||||
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| 1 | A. Exemptions and Policy. Every motor vehicle, trailer, | ||||||
| 2 | semitrailer and pole trailer when driven or moved upon a | ||||||
| 3 | highway shall be subject to the registration and certificate | ||||||
| 4 | of title provisions of this Chapter except: | ||||||
| 5 | (1) Any such vehicle driven or moved upon a highway in | ||||||
| 6 | conformance with the provisions of this Chapter relating | ||||||
| 7 | to manufacturers, transporters, dealers, lienholders or | ||||||
| 8 | nonresidents or under a temporary registration permit | ||||||
| 9 | issued by the Secretary of State; | ||||||
| 10 | (2) Any implement of husbandry whether of a type | ||||||
| 11 | otherwise subject to registration hereunder or not which | ||||||
| 12 | is only incidentally operated or moved upon a highway, | ||||||
| 13 | which shall include a not-for-hire movement for the | ||||||
| 14 | purpose of delivering farm commodities to a place of first | ||||||
| 15 | processing or sale, or to a place of storage; | ||||||
| 16 | (3) Any special mobile equipment as herein defined; | ||||||
| 17 | (4) Any vehicle which is propelled exclusively by | ||||||
| 18 | electric power obtained from overhead trolley wires though | ||||||
| 19 | not operated upon rails; | ||||||
| 20 | (5) Any vehicle which is equipped and used exclusively | ||||||
| 21 | as a pumper, ladder truck, rescue vehicle, searchlight | ||||||
| 22 | truck, or other fire apparatus, but not a vehicle of a type | ||||||
| 23 | which would otherwise be subject to registration as a | ||||||
| 24 | vehicle of the first division; | ||||||
| 25 | (6) Any vehicle which is owned and operated by the | ||||||
| 26 | federal government and externally displays evidence of | ||||||
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| 1 | federal ownership. It is the policy of the State of | ||||||
| 2 | Illinois to promote and encourage the fullest use of its | ||||||
| 3 | highways and to enhance the flow of commerce thus | ||||||
| 4 | contributing to the economic, agricultural, industrial and | ||||||
| 5 | social growth and development of this State, by | ||||||
| 6 | authorizing the Secretary of State to negotiate and enter | ||||||
| 7 | into reciprocal or proportional agreements or arrangements | ||||||
| 8 | with other States, or to issue declarations setting forth | ||||||
| 9 | reciprocal exemptions, benefits and privileges with | ||||||
| 10 | respect to vehicles operated interstate which are properly | ||||||
| 11 | registered in this and other States, assuring nevertheless | ||||||
| 12 | proper registration of vehicles in Illinois as may be | ||||||
| 13 | required by this Code; | ||||||
| 14 | (7) Any converter dolly or tow dolly which merely | ||||||
| 15 | serves as substitute wheels for another legally licensed | ||||||
| 16 | vehicle. A title may be issued on a voluntary basis to a | ||||||
| 17 | tow dolly upon receipt of the manufacturer's certificate | ||||||
| 18 | of origin or the bill of sale; | ||||||
| 19 | (8) Any house trailer found to be an abandoned mobile | ||||||
| 20 | home under the Abandoned Mobile Home Act; | ||||||
| 21 | (9) Any vehicle that is not properly registered or | ||||||
| 22 | does not have registration plates or digital registration | ||||||
| 23 | plates issued to the owner or operator affixed thereto, or | ||||||
| 24 | that does have registration plates or digital registration | ||||||
| 25 | plates issued to the owner or operator affixed thereto but | ||||||
| 26 | the plates are not appropriate for the weight of the | ||||||
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| 1 | vehicle, provided that this exemption shall apply only | ||||||
| 2 | while the vehicle is being transported or operated by a | ||||||
| 3 | towing service and has a third tow plate affixed to it; | ||||||
| 4 | (10) Low-speed electric scooters; . | ||||||
| 5 | (11) electric micromobility devices. | ||||||
| 6 | B. Reciprocity. Any motor vehicle, trailer, semitrailer or | ||||||
| 7 | pole trailer need not be registered under this Code provided | ||||||
| 8 | the same is operated interstate and in accordance with the | ||||||
| 9 | following provisions and any rules and regulations promulgated | ||||||
| 10 | pursuant thereto: | ||||||
| 11 | (1) A nonresident owner, except as otherwise provided | ||||||
| 12 | in this Section, owning any foreign registered vehicle of | ||||||
| 13 | a type otherwise subject to registration hereunder, may | ||||||
| 14 | operate or permit the operation of such vehicle within | ||||||
| 15 | this State in interstate commerce without registering such | ||||||
| 16 | vehicle in, or paying any fees to, this State subject to | ||||||
| 17 | the condition that such vehicle at all times when operated | ||||||
| 18 | in this State is operated pursuant to a reciprocity | ||||||
| 19 | agreement, arrangement or declaration by this State, and | ||||||
| 20 | further subject to the condition that such vehicle at all | ||||||
| 21 | times when operated in this State is duly registered in, | ||||||
| 22 | and displays upon it, a valid registration card and | ||||||
| 23 | registration plate or plates or digital registration plate | ||||||
| 24 | or plates issued for such vehicle in the place of | ||||||
| 25 | residence of such owner and is issued and maintains in | ||||||
| 26 | such vehicle a valid Illinois reciprocity permit as | ||||||
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| 1 | required by the Secretary of State, and provided like | ||||||
| 2 | privileges are afforded to residents of this State by the | ||||||
| 3 | State of residence of such owner. | ||||||
| 4 | Every nonresident including any foreign corporation | ||||||
| 5 | carrying on business within this State and owning and | ||||||
| 6 | regularly operating in such business any motor vehicle, | ||||||
| 7 | trailer or semitrailer within this State in intrastate | ||||||
| 8 | commerce, shall be required to register each such vehicle | ||||||
| 9 | and pay the same fees therefor as is required with | ||||||
| 10 | reference to like vehicles owned by residents of this | ||||||
| 11 | State. | ||||||
| 12 | (2) Any motor vehicle, trailer, semitrailer and pole | ||||||
| 13 | trailer operated interstate need not be registered in this | ||||||
| 14 | State, provided: | ||||||
| 15 | (a) that the vehicle is properly registered in | ||||||
| 16 | another State pursuant to law or to a reciprocity | ||||||
| 17 | agreement, arrangement or declaration; or | ||||||
| 18 | (b) that such vehicle is part of a fleet of | ||||||
| 19 | vehicles owned or operated by the same person who | ||||||
| 20 | registers such fleet of vehicles pro rata among the | ||||||
| 21 | various States in which such fleet operates; or | ||||||
| 22 | (c) that such vehicle is part of a fleet of | ||||||
| 23 | vehicles, a portion of which are registered with the | ||||||
| 24 | Secretary of State of Illinois in accordance with an | ||||||
| 25 | agreement or arrangement concurred in by the Secretary | ||||||
| 26 | of State of Illinois based on one or more of the | ||||||
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| |||||||
| 1 | following factors: ratio of miles in Illinois as | ||||||
| 2 | against total miles in all jurisdictions; situs or | ||||||
| 3 | base of a vehicle, or where it is principally garaged, | ||||||
| 4 | or from whence it is principally dispatched or where | ||||||
| 5 | the movements of such vehicle usually originate; situs | ||||||
| 6 | of the residence of the owner or operator thereof, or | ||||||
| 7 | of his principal office or offices, or of his places of | ||||||
| 8 | business; the routes traversed and whether regular or | ||||||
| 9 | irregular routes are traversed, and the jurisdictions | ||||||
| 10 | traversed and served; and such other factors as may be | ||||||
| 11 | deemed material by the Secretary and the motor vehicle | ||||||
| 12 | administrators of the other jurisdictions involved in | ||||||
| 13 | such apportionment. Such vehicles shall maintain | ||||||
| 14 | therein any reciprocity permit which may be required | ||||||
| 15 | by the Secretary of State pursuant to rules and | ||||||
| 16 | regulations which the Secretary of State may | ||||||
| 17 | promulgate in the administration of this Code, in the | ||||||
| 18 | public interest. | ||||||
| 19 | (3)(a) In order to effectuate the purposes of this | ||||||
| 20 | Code, the Secretary of State of Illinois is empowered to | ||||||
| 21 | negotiate and execute written reciprocal agreements or | ||||||
| 22 | arrangements with the duly authorized representatives of | ||||||
| 23 | other jurisdictions, including States, districts, | ||||||
| 24 | territories and possessions of the United States, and | ||||||
| 25 | foreign states, provinces, or countries, granting to | ||||||
| 26 | owners or operators of vehicles duly registered or | ||||||
| |||||||
| |||||||
| 1 | licensed in such other jurisdictions and for which | ||||||
| 2 | evidence of compliance is supplied, benefits, privileges | ||||||
| 3 | and exemption from the payment, wholly or partially, of | ||||||
| 4 | any taxes, fees or other charges imposed with respect to | ||||||
| 5 | the ownership or operation of such vehicles by the laws of | ||||||
| 6 | this State except the tax imposed by the Motor Fuel Tax | ||||||
| 7 | Law, approved March 25, 1929, as amended, and the tax | ||||||
| 8 | imposed by the Use Tax Act, approved July 14, 1955, as | ||||||
| 9 | amended. | ||||||
| 10 | The Secretary of State may negotiate agreements or | ||||||
| 11 | arrangements as are in the best interests of this State | ||||||
| 12 | and the residents of this State pursuant to the policies | ||||||
| 13 | expressed in this Section taking into consideration the | ||||||
| 14 | reciprocal exemptions, benefits and privileges available | ||||||
| 15 | and accruing to residents of this State and vehicles | ||||||
| 16 | registered in this State. | ||||||
| 17 | (b) Such reciprocal agreements or arrangements shall | ||||||
| 18 | provide that vehicles duly registered or licensed in this | ||||||
| 19 | State when operated upon the highways of such other | ||||||
| 20 | jurisdictions, shall receive exemptions, benefits and | ||||||
| 21 | privileges of a similar kind or to a similar degree as | ||||||
| 22 | extended to vehicles from such jurisdictions in this | ||||||
| 23 | State. | ||||||
| 24 | (c) Such agreements or arrangements may also authorize | ||||||
| 25 | the apportionment of registration or licensing of fleets | ||||||
| 26 | of vehicles operated interstate, based on any or all of | ||||||
| |||||||
| |||||||
| 1 | the following factors: ratio of miles in Illinois as | ||||||
| 2 | against total miles in all jurisdictions; situs or base of | ||||||
| 3 | a vehicle, or where it is principally garaged or from | ||||||
| 4 | whence it is principally dispatched or where the movements | ||||||
| 5 | of such vehicle usually originate; situs of the residence | ||||||
| 6 | of the owner or operator thereof, or of his principal | ||||||
| 7 | office or offices, or of his places of business; the | ||||||
| 8 | routes traversed and whether regular or irregular routes | ||||||
| 9 | are traversed, and the jurisdictions traversed and served; | ||||||
| 10 | and such other factors as may be deemed material by the | ||||||
| 11 | Secretary and the motor vehicle administrators of the | ||||||
| 12 | other jurisdictions involved in such apportionment, and | ||||||
| 13 | such vehicles shall likewise be entitled to reciprocal | ||||||
| 14 | exemptions, benefits and privileges. | ||||||
| 15 | (d) Such agreements or arrangements shall also provide | ||||||
| 16 | that vehicles being operated in intrastate commerce in | ||||||
| 17 | Illinois shall comply with the registration and licensing | ||||||
| 18 | laws of this State, except that vehicles which are part of | ||||||
| 19 | an apportioned fleet may conduct an intrastate operation | ||||||
| 20 | incidental to their interstate operations. Any motor | ||||||
| 21 | vehicle properly registered and qualified under any | ||||||
| 22 | reciprocal agreement or arrangement under this Code and | ||||||
| 23 | not having a situs or base within Illinois may complete | ||||||
| 24 | the inbound movement of a trailer or semitrailer to an | ||||||
| 25 | Illinois destination that was brought into Illinois by a | ||||||
| 26 | motor vehicle also properly registered and qualified under | ||||||
| |||||||
| |||||||
| 1 | this Code and not having a situs or base within Illinois, | ||||||
| 2 | or may complete an outbound movement of a trailer or | ||||||
| 3 | semitrailer to an out-of-state destination that was | ||||||
| 4 | originated in Illinois by a motor vehicle also properly | ||||||
| 5 | registered and qualified under this Code and not having a | ||||||
| 6 | situs or base in Illinois, only if the operator thereof | ||||||
| 7 | did not break bulk of the cargo laden in such inbound or | ||||||
| 8 | outbound trailer or semitrailer. Adding or unloading | ||||||
| 9 | intrastate cargo on such inbound or outbound trailer or | ||||||
| 10 | semitrailer shall be deemed as breaking bulk. | ||||||
| 11 | (e) Such agreements or arrangements may also provide | ||||||
| 12 | for the determination of the proper State in which leased | ||||||
| 13 | vehicles shall be registered based on the factors set out | ||||||
| 14 | in subsection (c) above and for apportionment of | ||||||
| 15 | registration of fleets of leased vehicles by the lessee or | ||||||
| 16 | by the lessor who leases such vehicles to persons who are | ||||||
| 17 | not fleet operators. | ||||||
| 18 | (f) Such agreements or arrangements may also include | ||||||
| 19 | reciprocal exemptions, benefits or privileges accruing | ||||||
| 20 | under The Illinois Driver Licensing Law or The Driver | ||||||
| 21 | License Compact. | ||||||
| 22 | (4) The Secretary of State is further authorized to | ||||||
| 23 | examine the laws and requirements of other jurisdictions, | ||||||
| 24 | and, in the absence of a written agreement or arrangement, | ||||||
| 25 | to issue a written declaration of the extent and nature of | ||||||
| 26 | the exemptions, benefits and privileges accorded to | ||||||
| |||||||
| |||||||
| 1 | vehicles of this State by such other jurisdictions, and | ||||||
| 2 | the extent and nature of reciprocal exemptions, benefits | ||||||
| 3 | and privileges thereby accorded by this State to the | ||||||
| 4 | vehicles of such other jurisdictions. A declaration by the | ||||||
| 5 | Secretary of State may include any, part or all reciprocal | ||||||
| 6 | exemptions, benefits and privileges or provisions as may | ||||||
| 7 | be included within an agreement or arrangement. | ||||||
| 8 | (5) All agreements, arrangements, declarations and | ||||||
| 9 | amendments thereto, shall be in writing and become | ||||||
| 10 | effective when signed by the Secretary of State, and | ||||||
| 11 | copies of all such documents shall be available to the | ||||||
| 12 | public upon request. | ||||||
| 13 | (6) The Secretary of State is further authorized to | ||||||
| 14 | require the display by foreign registered trucks, | ||||||
| 15 | truck-tractors and buses, entitled to reciprocal benefits, | ||||||
| 16 | exemptions or privileges hereunder, a reciprocity permit | ||||||
| 17 | for external display before any such reciprocal benefits, | ||||||
| 18 | exemptions or privileges are granted. The Secretary of | ||||||
| 19 | State shall provide suitable application forms for such | ||||||
| 20 | permit and shall promulgate and publish reasonable rules | ||||||
| 21 | and regulations for the administration and enforcement of | ||||||
| 22 | the provisions of this Code including a provision for | ||||||
| 23 | revocation of such permit as to any vehicle operated | ||||||
| 24 | wilfully in violation of the terms of any reciprocal | ||||||
| 25 | agreement, arrangement or declaration or in violation of | ||||||
| 26 | the Illinois Motor Carrier of Property Law, as amended. | ||||||
| |||||||
| |||||||
| 1 | (7)(a) Upon the suspension, revocation or denial of | ||||||
| 2 | one or more of all reciprocal benefits, privileges and | ||||||
| 3 | exemptions existing pursuant to the terms and provisions | ||||||
| 4 | of this Code or by virtue of a reciprocal agreement or | ||||||
| 5 | arrangement or declaration thereunder; or, upon the | ||||||
| 6 | suspension, revocation or denial of a reciprocity permit; | ||||||
| 7 | or, upon any action or inaction of the Secretary in the | ||||||
| 8 | administration and enforcement of the provisions of this | ||||||
| 9 | Code, any person, resident or nonresident, so aggrieved, | ||||||
| 10 | may serve upon the Secretary, a petition in writing and | ||||||
| 11 | under oath, setting forth the grievance of the petitioner, | ||||||
| 12 | the grounds and basis for the relief sought, and all | ||||||
| 13 | necessary facts and particulars, and request an | ||||||
| 14 | administrative hearing thereon. Within 20 days, the | ||||||
| 15 | Secretary shall set a hearing date as early as practical. | ||||||
| 16 | The Secretary may, in his discretion, supply forms for | ||||||
| 17 | such a petition. The Secretary may require the payment of | ||||||
| 18 | a fee of not more than $50 for the filing of any petition, | ||||||
| 19 | motion, or request for hearing conducted pursuant to this | ||||||
| 20 | Section. These fees must be deposited into the Secretary | ||||||
| 21 | of State DUI Administration Fund, a special fund that is | ||||||
| 22 | hereby created in the State treasury, and, subject to | ||||||
| 23 | appropriation and as directed by the Secretary of State, | ||||||
| 24 | shall be used to fund the operation of the hearings | ||||||
| 25 | department of the Office of the Secretary of State and for | ||||||
| 26 | no other purpose. The Secretary shall establish by rule | ||||||
| |||||||
| |||||||
| 1 | the amount and the procedures, terms, and conditions | ||||||
| 2 | relating to these fees. | ||||||
| 3 | (b) The Secretary may likewise, in his discretion and | ||||||
| 4 | upon his own petition, order a hearing, when in his best | ||||||
| 5 | judgment, any person is not entitled to the reciprocal | ||||||
| 6 | benefits, privileges and exemptions existing pursuant to | ||||||
| 7 | the terms and provisions of this Code or under a | ||||||
| 8 | reciprocal agreement or arrangement or declaration | ||||||
| 9 | thereunder or that a vehicle owned or operated by such | ||||||
| 10 | person is improperly registered or licensed, or that an | ||||||
| 11 | Illinois resident has improperly registered or licensed a | ||||||
| 12 | vehicle in another jurisdiction for the purposes of | ||||||
| 13 | violating or avoiding the registration laws of this State. | ||||||
| 14 | (c) The Secretary shall notify a petitioner or any | ||||||
| 15 | other person involved of such a hearing, by giving at | ||||||
| 16 | least 10 days notice, in writing, by U.S. Mail, Registered | ||||||
| 17 | or Certified, or by personal service, at the last known | ||||||
| 18 | address of such petitioner or person, specifying the time | ||||||
| 19 | and place of such hearing. Such hearing shall be held | ||||||
| 20 | before the Secretary, or any person as he may designate, | ||||||
| 21 | and unless the parties mutually agree to some other county | ||||||
| 22 | in Illinois, the hearing shall be held in the County of | ||||||
| 23 | Sangamon or the County of Cook. Appropriate records of the | ||||||
| 24 | hearing shall be kept, and the Secretary shall issue or | ||||||
| 25 | cause to be issued, his decision on the case, within 30 | ||||||
| 26 | days after the close of such hearing or within 30 days | ||||||
| |||||||
| |||||||
| 1 | after receipt of the transcript thereof, and a copy shall | ||||||
| 2 | likewise be served or mailed to the petitioner or person | ||||||
| 3 | involved. | ||||||
| 4 | (d) The actions or inactions or determinations, or | ||||||
| 5 | findings and decisions upon an administrative hearing, of | ||||||
| 6 | the Secretary, shall be subject to judicial review in the | ||||||
| 7 | Circuit Court of the County of Sangamon or the County of | ||||||
| 8 | Cook, and the provisions of the Administrative Review Law, | ||||||
| 9 | and all amendments and modifications thereof and rules | ||||||
| 10 | adopted pursuant thereto, apply to and govern all such | ||||||
| 11 | reviewable matters. | ||||||
| 12 | Any reciprocal agreements or arrangements entered into | ||||||
| 13 | by the Secretary of State or any declarations issued by | ||||||
| 14 | the Secretary of State pursuant to any law in effect prior | ||||||
| 15 | to the effective date of this Code are not hereby | ||||||
| 16 | abrogated, and such shall continue in force and effect | ||||||
| 17 | until amended pursuant to the provisions of this Code or | ||||||
| 18 | expire pursuant to the terms or provisions thereof. | ||||||
| 19 | C. Vehicles purchased out-of-state. A resident of this | ||||||
| 20 | State who purchases a vehicle in another state and transports | ||||||
| 21 | the vehicle to Illinois shall apply for registration and | ||||||
| 22 | certificate of title as soon as practicable, but in no event | ||||||
| 23 | more than 45 days after the purchase of the vehicle. If an | ||||||
| 24 | Illinois motorist who purchased a vehicle from an out-of-state | ||||||
| 25 | licensed dealer is unable to meet the 45-day deadline due to a | ||||||
| 26 | delay in paperwork from the seller, that motorist may obtain | ||||||
| |||||||
| |||||||
| 1 | an Illinois temporary registration plate with: (i) proof of | ||||||
| 2 | purchase; (ii) proof of meeting the Illinois driver's license | ||||||
| 3 | or identification card requirement; and (iii) proof that | ||||||
| 4 | Illinois title and registration fees have been paid. If fees | ||||||
| 5 | have not been paid, the motorist may pay the fees in order to | ||||||
| 6 | obtain the temporary registration plate. The owner of such a | ||||||
| 7 | vehicle shall display any temporary permit or registration | ||||||
| 8 | issued in accordance with Section 3-407. | ||||||
| 9 | (Source: P.A. 103-209, eff. 1-1-24; 103-899, eff. 8-9-24; | ||||||
| 10 | 104-417, eff. 8-15-25.) | ||||||
| 11 | (625 ILCS 5/6-102) (from Ch. 95 1/2, par. 6-102) | ||||||
| 12 | Sec. 6-102. What persons are exempt. The following persons | ||||||
| 13 | are exempt from the requirements of Section 6-101 and are not | ||||||
| 14 | required to have an Illinois drivers license or permit if one | ||||||
| 15 | or more of the following qualifying exemptions are met and | ||||||
| 16 | apply: | ||||||
| 17 | 1. Any employee of the United States Government or any | ||||||
| 18 | member of the Armed Forces of the United States, while | ||||||
| 19 | operating a motor vehicle owned by or leased to the United | ||||||
| 20 | States Government and being operated on official business | ||||||
| 21 | need not be licensed; | ||||||
| 22 | 2. A nonresident who has in his immediate possession a | ||||||
| 23 | valid license issued to him in his home state or country | ||||||
| 24 | may operate a motor vehicle for which he is licensed for | ||||||
| 25 | the period during which he is in this State; | ||||||
| |||||||
| |||||||
| 1 | 3. A nonresident and his spouse and children living | ||||||
| 2 | with him who is a student at a college or university in | ||||||
| 3 | Illinois who have a valid license issued by their home | ||||||
| 4 | State. | ||||||
| 5 | 4. A person operating a road machine temporarily upon | ||||||
| 6 | a highway or operating a farm tractor between the home | ||||||
| 7 | farm buildings and any adjacent or nearby farm land for | ||||||
| 8 | the exclusive purpose of conducting farm operations need | ||||||
| 9 | not be licensed as a driver. | ||||||
| 10 | 5. A resident of this State who has been serving as a | ||||||
| 11 | member or as a civilian employee of the Armed Forces of the | ||||||
| 12 | United States, or as a civilian employee of the United | ||||||
| 13 | States Department of Defense, outside the Continental | ||||||
| 14 | limits of the United States, for a period of 120 days | ||||||
| 15 | following his return to the continental limits of the | ||||||
| 16 | United States. | ||||||
| 17 | 6. A nonresident on active duty in the Armed Forces of | ||||||
| 18 | the United States who has a valid license issued by his | ||||||
| 19 | home state and such nonresident's spouse, and dependent | ||||||
| 20 | children and living with parents, who have a valid license | ||||||
| 21 | issued by their home state. | ||||||
| 22 | 7. A nonresident who becomes a resident of this State, | ||||||
| 23 | may for a period of the first 90 days of residence in | ||||||
| 24 | Illinois operate any motor vehicle which he was qualified | ||||||
| 25 | or licensed to drive by his home state or country so long | ||||||
| 26 | as he has in his possession, a valid and current license | ||||||
| |||||||
| |||||||
| 1 | issued to him by his home state or country. Upon | ||||||
| 2 | expiration of such 90 day period, such new resident must | ||||||
| 3 | comply with the provisions of this Act and apply for an | ||||||
| 4 | Illinois license or permit. | ||||||
| 5 | 8. An engineer, conductor, brakeman, or any other | ||||||
| 6 | member of the crew of a locomotive or train being operated | ||||||
| 7 | upon rails, including operation on a railroad crossing | ||||||
| 8 | over a public street, road or highway. Such person is not | ||||||
| 9 | required to display a driver's license to any law | ||||||
| 10 | enforcement officer in connection with the operation of a | ||||||
| 11 | locomotive or train within this State. | ||||||
| 12 | 9. Persons operating low-speed electric scooters in | ||||||
| 13 | accordance with Section 11-1518. | ||||||
| 14 | 10. Persons operating an electric micromobility | ||||||
| 15 | device. | ||||||
| 16 | The provisions of this Section granting exemption to any | ||||||
| 17 | nonresident shall be operative to the same extent that the | ||||||
| 18 | laws of the State or country of such nonresident grant like | ||||||
| 19 | exemption to residents of this State. | ||||||
| 20 | The Secretary of State may implement the exemption | ||||||
| 21 | provisions of this Section by inclusion thereof in a | ||||||
| 22 | reciprocity agreement, arrangement or declaration issued | ||||||
| 23 | pursuant to this Act. | ||||||
| 24 | (Source: P.A. 103-899, eff. 8-9-24.) | ||||||
| 25 | (625 ILCS 5/11-317 new) | ||||||
| |||||||
| |||||||
| 1 | Sec. 11-317. Motor driven cycle prohibition signage. On | ||||||
| 2 | any highway, sidewalk, bicycle lane, bicycle path, shared-use | ||||||
| 3 | path, off-road bicycle trail or natural surface trail | ||||||
| 4 | designated for bicycle use, or any other bicycle-specific | ||||||
| 5 | facility established under State or local law for which use of | ||||||
| 6 | motor driven cycles has been prohibited under Section | ||||||
| 7 | 11-1403.4, the State or local government entity having | ||||||
| 8 | jurisdiction shall erect permanent signage that notifies users | ||||||
| 9 | that operation of motor driven cycles is strictly prohibited. | ||||||
| 10 | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | ||||||
| 11 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
| 12 | other drug or drugs, intoxicating compound or compounds or any | ||||||
| 13 | combination thereof. | ||||||
| 14 | (a) A person shall not drive or be in actual physical | ||||||
| 15 | control of any vehicle within this State while: | ||||||
| 16 | (1) the alcohol concentration in the person's blood, | ||||||
| 17 | other bodily substance, or breath is 0.08 or more based on | ||||||
| 18 | the definition of blood and breath units in Section | ||||||
| 19 | 11-501.2; | ||||||
| 20 | (2) under the influence of alcohol; | ||||||
| 21 | (3) under the influence of any intoxicating compound | ||||||
| 22 | or combination of intoxicating compounds to a degree that | ||||||
| 23 | renders the person incapable of driving safely; | ||||||
| 24 | (4) under the influence of any other drug or | ||||||
| 25 | combination of drugs to a degree that renders the person | ||||||
| |||||||
| |||||||
| 1 | incapable of safely driving; | ||||||
| 2 | (5) under the combined influence of alcohol, other | ||||||
| 3 | drug or drugs, or intoxicating compound or compounds to a | ||||||
| 4 | degree that renders the person incapable of safely | ||||||
| 5 | driving; | ||||||
| 6 | (6) there is any amount of a drug, substance, or | ||||||
| 7 | compound in the person's breath, blood, other bodily | ||||||
| 8 | substance, or urine resulting from the unlawful use or | ||||||
| 9 | consumption of a controlled substance listed in the | ||||||
| 10 | Illinois Controlled Substances Act, an intoxicating | ||||||
| 11 | compound listed in the Use of Intoxicating Compounds Act, | ||||||
| 12 | or methamphetamine as listed in the Methamphetamine | ||||||
| 13 | Control and Community Protection Act; or | ||||||
| 14 | (7) the person has, within 2 hours of driving or being | ||||||
| 15 | in actual physical control of a vehicle, a | ||||||
| 16 | tetrahydrocannabinol concentration in the person's whole | ||||||
| 17 | blood or other bodily substance as defined in paragraph 6 | ||||||
| 18 | of subsection (a) of Section 11-501.2 of this Code. | ||||||
| 19 | Subject to all other requirements and provisions under | ||||||
| 20 | this Section, this paragraph (7) does not apply to the | ||||||
| 21 | lawful consumption of cannabis by a qualifying patient | ||||||
| 22 | licensed under the Compassionate Use of Medical Cannabis | ||||||
| 23 | Program Act who is in possession of a valid registry card | ||||||
| 24 | issued under that Act, unless that person is impaired by | ||||||
| 25 | the use of cannabis. | ||||||
| 26 | (a-5) The requirements of this Section also apply to | ||||||
| |||||||
| |||||||
| 1 | low-speed electric bicycles and low-speed gas bicycles that | ||||||
| 2 | are operated by a person who is under the influence of alcohol, | ||||||
| 3 | other drug or drugs, intoxicating compound or compounds or any | ||||||
| 4 | combination thereof. | ||||||
| 5 | (b) The fact that any person charged with violating this | ||||||
| 6 | Section is or has been legally entitled to use alcohol, | ||||||
| 7 | cannabis under the Compassionate Use of Medical Cannabis | ||||||
| 8 | Program Act, other drug or drugs, or intoxicating compound or | ||||||
| 9 | compounds, or any combination thereof, shall not constitute a | ||||||
| 10 | defense against any charge of violating this Section. | ||||||
| 11 | (c) Penalties. | ||||||
| 12 | (1) Except as otherwise provided in this Section, any | ||||||
| 13 | person convicted of violating subsection (a) of this | ||||||
| 14 | Section is guilty of a Class A misdemeanor. | ||||||
| 15 | (2) A person who violates subsection (a) or a similar | ||||||
| 16 | provision a second time shall be sentenced to a mandatory | ||||||
| 17 | minimum term of either 5 days of imprisonment or 240 hours | ||||||
| 18 | of community service in addition to any other criminal or | ||||||
| 19 | administrative sanction. | ||||||
| 20 | (3) A person who violates subsection (a) is subject to | ||||||
| 21 | 6 months of imprisonment, an additional mandatory minimum | ||||||
| 22 | fine of $1,000, and 25 days of community service in a | ||||||
| 23 | program benefiting children if the person was transporting | ||||||
| 24 | a person under the age of 16 at the time of the violation. | ||||||
| 25 | (4) A person who violates subsection (a) a first time, | ||||||
| 26 | if the alcohol concentration in his or her blood, breath, | ||||||
| |||||||
| |||||||
| 1 | other bodily substance, or urine was 0.16 or more based on | ||||||
| 2 | the definition of blood, breath, other bodily substance, | ||||||
| 3 | or urine units in Section 11-501.2, shall be subject, in | ||||||
| 4 | addition to any other penalty that may be imposed, to a | ||||||
| 5 | mandatory minimum of 100 hours of community service and a | ||||||
| 6 | mandatory minimum fine of $500. | ||||||
| 7 | (5) A person who violates subsection (a) a second | ||||||
| 8 | time, if at the time of the second violation the alcohol | ||||||
| 9 | concentration in his or her blood, breath, other bodily | ||||||
| 10 | substance, or urine was 0.16 or more based on the | ||||||
| 11 | definition of blood, breath, other bodily substance, or | ||||||
| 12 | urine units in Section 11-501.2, shall be subject, in | ||||||
| 13 | addition to any other penalty that may be imposed, to a | ||||||
| 14 | mandatory minimum of 2 days of imprisonment and a | ||||||
| 15 | mandatory minimum fine of $1,250. | ||||||
| 16 | (d) Aggravated driving under the influence of alcohol, | ||||||
| 17 | other drug or drugs, or intoxicating compound or compounds, or | ||||||
| 18 | any combination thereof. | ||||||
| 19 | (1) Every person convicted of committing a violation | ||||||
| 20 | of this Section shall be guilty of aggravated driving | ||||||
| 21 | under the influence of alcohol, other drug or drugs, or | ||||||
| 22 | intoxicating compound or compounds, or any combination | ||||||
| 23 | thereof if: | ||||||
| 24 | (A) the person committed a violation of subsection | ||||||
| 25 | (a) or a similar provision for the third or subsequent | ||||||
| 26 | time; | ||||||
| |||||||
| |||||||
| 1 | (B) the person committed a violation of subsection | ||||||
| 2 | (a) while driving a school bus with one or more | ||||||
| 3 | passengers on board; | ||||||
| 4 | (C) the person in committing a violation of | ||||||
| 5 | subsection (a) was involved in a motor vehicle crash | ||||||
| 6 | that resulted in great bodily harm or permanent | ||||||
| 7 | disability or disfigurement to another, when the | ||||||
| 8 | violation was a proximate cause of the injuries; | ||||||
| 9 | (D) the person committed a violation of subsection | ||||||
| 10 | (a) and has been previously convicted of violating | ||||||
| 11 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
| 12 | Criminal Code of 2012 or a similar provision of a law | ||||||
| 13 | of another state relating to reckless homicide in | ||||||
| 14 | which the person was determined to have been under the | ||||||
| 15 | influence of alcohol, other drug or drugs, or | ||||||
| 16 | intoxicating compound or compounds as an element of | ||||||
| 17 | the offense or the person has previously been | ||||||
| 18 | convicted under subparagraph (C) or subparagraph (F) | ||||||
| 19 | of this paragraph (1); | ||||||
| 20 | (E) the person, in committing a violation of | ||||||
| 21 | subsection (a) while driving at any speed in a school | ||||||
| 22 | speed zone at a time when a speed limit of 20 miles per | ||||||
| 23 | hour was in effect under subsection (a) of Section | ||||||
| 24 | 11-605 of this Code, was involved in a motor vehicle | ||||||
| 25 | crash that resulted in bodily harm, other than great | ||||||
| 26 | bodily harm or permanent disability or disfigurement, | ||||||
| |||||||
| |||||||
| 1 | to another person, when the violation of subsection | ||||||
| 2 | (a) was a proximate cause of the bodily harm; | ||||||
| 3 | (F) the person, in committing a violation of | ||||||
| 4 | subsection (a), was involved in a motor vehicle crash | ||||||
| 5 | or snowmobile, all-terrain vehicle, or watercraft | ||||||
| 6 | accident that resulted in the death of another person, | ||||||
| 7 | when the violation of subsection (a) was a proximate | ||||||
| 8 | cause of the death; | ||||||
| 9 | (G) the person committed a violation of subsection | ||||||
| 10 | (a) during a period in which the defendant's driving | ||||||
| 11 | privileges are revoked or suspended, where the | ||||||
| 12 | revocation or suspension was for a violation of | ||||||
| 13 | subsection (a) or a similar provision, Section | ||||||
| 14 | 11-501.1, paragraph (b) of Section 11-401, or for | ||||||
| 15 | reckless homicide as defined in Section 9-3 of the | ||||||
| 16 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
| 17 | (H) the person committed the violation while he or | ||||||
| 18 | she did not possess a driver's license or permit or a | ||||||
| 19 | restricted driving permit or a judicial driving permit | ||||||
| 20 | or a monitoring device driving permit; | ||||||
| 21 | (I) the person committed the violation while he or | ||||||
| 22 | she knew or should have known that the vehicle he or | ||||||
| 23 | she was driving was not covered by a liability | ||||||
| 24 | insurance policy; | ||||||
| 25 | (J) the person in committing a violation of | ||||||
| 26 | subsection (a) was involved in a motor vehicle crash | ||||||
| |||||||
| |||||||
| 1 | that resulted in bodily harm, but not great bodily | ||||||
| 2 | harm, to the child under the age of 16 being | ||||||
| 3 | transported by the person, if the violation was the | ||||||
| 4 | proximate cause of the injury; | ||||||
| 5 | (K) the person in committing a second violation of | ||||||
| 6 | subsection (a) or a similar provision was transporting | ||||||
| 7 | a person under the age of 16; or | ||||||
| 8 | (L) the person committed a violation of subsection | ||||||
| 9 | (a) of this Section while transporting one or more | ||||||
| 10 | passengers in a vehicle for-hire. | ||||||
| 11 | (2)(A) Except as provided otherwise, a person | ||||||
| 12 | convicted of aggravated driving under the influence of | ||||||
| 13 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
| 14 | compounds, or any combination thereof is guilty of a Class | ||||||
| 15 | 4 felony. | ||||||
| 16 | (B) A third violation of this Section or a similar | ||||||
| 17 | provision is a Class 2 felony. If at the time of the third | ||||||
| 18 | violation the alcohol concentration in his or her blood, | ||||||
| 19 | breath, other bodily substance, or urine was 0.16 or more | ||||||
| 20 | based on the definition of blood, breath, other bodily | ||||||
| 21 | substance, or urine units in Section 11-501.2, a mandatory | ||||||
| 22 | minimum of 90 days of imprisonment and a mandatory minimum | ||||||
| 23 | fine of $2,500 shall be imposed in addition to any other | ||||||
| 24 | criminal or administrative sanction. If at the time of the | ||||||
| 25 | third violation, the defendant was transporting a person | ||||||
| 26 | under the age of 16, a mandatory fine of $25,000 and 25 | ||||||
| |||||||
| |||||||
| 1 | days of community service in a program benefiting children | ||||||
| 2 | shall be imposed in addition to any other criminal or | ||||||
| 3 | administrative sanction. | ||||||
| 4 | (C) A fourth violation of this Section or a similar | ||||||
| 5 | provision is a Class 2 felony, for which a sentence of | ||||||
| 6 | probation or conditional discharge may not be imposed. If | ||||||
| 7 | at the time of the violation, the alcohol concentration in | ||||||
| 8 | the defendant's blood, breath, other bodily substance, or | ||||||
| 9 | urine was 0.16 or more based on the definition of blood, | ||||||
| 10 | breath, other bodily substance, or urine units in Section | ||||||
| 11 | 11-501.2, a mandatory minimum fine of $5,000 shall be | ||||||
| 12 | imposed in addition to any other criminal or | ||||||
| 13 | administrative sanction. If at the time of the fourth | ||||||
| 14 | violation, the defendant was transporting a person under | ||||||
| 15 | the age of 16 a mandatory fine of $25,000 and 25 days of | ||||||
| 16 | community service in a program benefiting children shall | ||||||
| 17 | be imposed in addition to any other criminal or | ||||||
| 18 | administrative sanction. | ||||||
| 19 | (D) A fifth violation of this Section or a similar | ||||||
| 20 | provision is a Class 1 felony, for which a sentence of | ||||||
| 21 | probation or conditional discharge may not be imposed. If | ||||||
| 22 | at the time of the violation, the alcohol concentration in | ||||||
| 23 | the defendant's blood, breath, other bodily substance, or | ||||||
| 24 | urine was 0.16 or more based on the definition of blood, | ||||||
| 25 | breath, other bodily substance, or urine units in Section | ||||||
| 26 | 11-501.2, a mandatory minimum fine of $5,000 shall be | ||||||
| |||||||
| |||||||
| 1 | imposed in addition to any other criminal or | ||||||
| 2 | administrative sanction. If at the time of the fifth | ||||||
| 3 | violation, the defendant was transporting a person under | ||||||
| 4 | the age of 16, a mandatory fine of $25,000, and 25 days of | ||||||
| 5 | community service in a program benefiting children shall | ||||||
| 6 | be imposed in addition to any other criminal or | ||||||
| 7 | administrative sanction. | ||||||
| 8 | (E) A sixth or subsequent violation of this Section or | ||||||
| 9 | similar provision is a Class X felony. If at the time of | ||||||
| 10 | the violation, the alcohol concentration in the | ||||||
| 11 | defendant's blood, breath, other bodily substance, or | ||||||
| 12 | urine was 0.16 or more based on the definition of blood, | ||||||
| 13 | breath, other bodily substance, or urine units in Section | ||||||
| 14 | 11-501.2, a mandatory minimum fine of $5,000 shall be | ||||||
| 15 | imposed in addition to any other criminal or | ||||||
| 16 | administrative sanction. If at the time of the violation, | ||||||
| 17 | the defendant was transporting a person under the age of | ||||||
| 18 | 16, a mandatory fine of $25,000 and 25 days of community | ||||||
| 19 | service in a program benefiting children shall be imposed | ||||||
| 20 | in addition to any other criminal or administrative | ||||||
| 21 | sanction. | ||||||
| 22 | (F) For a violation of subparagraph (C) of paragraph | ||||||
| 23 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
| 24 | a term of imprisonment, shall be sentenced to not less | ||||||
| 25 | than one year nor more than 12 years. | ||||||
| 26 | (G) A violation of subparagraph (F) of paragraph (1) | ||||||
| |||||||
| |||||||
| 1 | of this subsection (d) is a Class 2 felony, for which the | ||||||
| 2 | defendant, unless the court determines that extraordinary | ||||||
| 3 | circumstances exist and require probation, shall be | ||||||
| 4 | sentenced to: (i) a term of imprisonment of not less than 3 | ||||||
| 5 | years and not more than 14 years if the violation resulted | ||||||
| 6 | in the death of one person; or (ii) a term of imprisonment | ||||||
| 7 | of not less than 6 years and not more than 28 years if the | ||||||
| 8 | violation resulted in the deaths of 2 or more persons. | ||||||
| 9 | (H) For a violation of subparagraph (J) of paragraph | ||||||
| 10 | (1) of this subsection (d), a mandatory fine of $2,500, | ||||||
| 11 | and 25 days of community service in a program benefiting | ||||||
| 12 | children shall be imposed in addition to any other | ||||||
| 13 | criminal or administrative sanction. | ||||||
| 14 | (I) A violation of subparagraph (K) of paragraph (1) | ||||||
| 15 | of this subsection (d), is a Class 2 felony and a mandatory | ||||||
| 16 | fine of $2,500, and 25 days of community service in a | ||||||
| 17 | program benefiting children shall be imposed in addition | ||||||
| 18 | to any other criminal or administrative sanction. If the | ||||||
| 19 | child being transported suffered bodily harm, but not | ||||||
| 20 | great bodily harm, in a motor vehicle crash, and the | ||||||
| 21 | violation was the proximate cause of that injury, a | ||||||
| 22 | mandatory fine of $5,000 and 25 days of community service | ||||||
| 23 | in a program benefiting children shall be imposed in | ||||||
| 24 | addition to any other criminal or administrative sanction. | ||||||
| 25 | (J) A violation of subparagraph (D) of paragraph (1) | ||||||
| 26 | of this subsection (d) is a Class 3 felony, for which a | ||||||
| |||||||
| |||||||
| 1 | sentence of probation or conditional discharge may not be | ||||||
| 2 | imposed. | ||||||
| 3 | (3) Any person sentenced under this subsection (d) who | ||||||
| 4 | receives a term of probation or conditional discharge must | ||||||
| 5 | serve a minimum term of either 480 hours of community | ||||||
| 6 | service or 10 days of imprisonment as a condition of the | ||||||
| 7 | probation or conditional discharge in addition to any | ||||||
| 8 | other criminal or administrative sanction. | ||||||
| 9 | (e) Any reference to a prior violation of subsection (a) | ||||||
| 10 | or a similar provision includes any violation of a provision | ||||||
| 11 | of a local ordinance or a provision of a law of another state | ||||||
| 12 | or an offense committed on a military installation that is | ||||||
| 13 | similar to a violation of subsection (a) of this Section. | ||||||
| 14 | (f) The imposition of a mandatory term of imprisonment or | ||||||
| 15 | assignment of community service for a violation of this | ||||||
| 16 | Section shall not be suspended or reduced by the court. | ||||||
| 17 | (g) Any penalty imposed for driving with a license that | ||||||
| 18 | has been revoked for a previous violation of subsection (a) of | ||||||
| 19 | this Section shall be in addition to the penalty imposed for | ||||||
| 20 | any subsequent violation of subsection (a). | ||||||
| 21 | (h) For any prosecution under this Section, a certified | ||||||
| 22 | copy of the driving abstract of the defendant shall be | ||||||
| 23 | admitted as proof of any prior conviction. | ||||||
| 24 | (Source: P.A. 101-363, eff. 8-9-19; 102-982, eff. 7-1-23.) | ||||||
| 25 | (625 ILCS 5/11-1008.5 new) | ||||||
| |||||||
| |||||||
| 1 | Sec. 11-1008.5. Toy vehicles. Toy vehicles shall only be | ||||||
| 2 | operated on sidewalks and paths designated for bicycles. Every | ||||||
| 3 | person operating a toy vehicle upon a sidewalk or bicycle path | ||||||
| 4 | shall be granted all the rights and shall be subject to all the | ||||||
| 5 | duties applicable to a pedestrian. The driver of a vehicle | ||||||
| 6 | shall yield the right-of-way to any person operating a toy | ||||||
| 7 | vehicle. The use of toy vehicles on property owned, managed, | ||||||
| 8 | or leased by any park district, forest preserve district, or | ||||||
| 9 | conservation district is allowed unless specifically | ||||||
| 10 | prohibited in an ordinance or resolution adopted by the park | ||||||
| 11 | district, forest preserve district, or conservation district. | ||||||
| 12 | The Department of Natural Resources is authorized to adopt | ||||||
| 13 | administrative rules for the regulation of toy vehicles on any | ||||||
| 14 | and all properties owned, managed, or leased by the Department | ||||||
| 15 | of Natural Resources. No person shall knowingly tamper with or | ||||||
| 16 | modify the speed capability or engagement of a toy vehicle | ||||||
| 17 | beyond the original speed capabilities of the device. | ||||||
| 18 | (625 ILCS 5/11-1403.4 new) | ||||||
| 19 | Sec. 11-1403.4. Operation of motor driven cycles. | ||||||
| 20 | (a) Except as otherwise provided in this Section, a person | ||||||
| 21 | may operate a motor driven cycle upon any public highway, | ||||||
| 22 | street, or roadway in this State. | ||||||
| 23 | (b) Motor driven cycles shall not be operated on any | ||||||
| 24 | sidewalk, bicycle lane, bicycle path, shared-use path, | ||||||
| 25 | off-road bicycle trail or natural surface trail designated for | ||||||
| |||||||
| |||||||
| 1 | bicycle use, or any other bicycle-specific facility | ||||||
| 2 | established under State or local law. For purposes of this | ||||||
| 3 | subsection, "shared-use path" means any paved, off-street | ||||||
| 4 | travel way designed to serve non-motorized vehicles and | ||||||
| 5 | travelers. | ||||||
| 6 | (c) Motor driven cycles shall not be operated upon | ||||||
| 7 | interstate highways or upon public highways divided by a grass | ||||||
| 8 | or concrete median or highways with posted speed limits in | ||||||
| 9 | excess of 55 miles per hour or upon any public land where | ||||||
| 10 | expressly prohibited by the State governing body, department, | ||||||
| 11 | or agency having jurisdiction thereof. | ||||||
| 12 | (d) No person shall operate a motor driven cycle unless | ||||||
| 13 | that person is in possession of a valid driver's license. | ||||||
| 14 | Pursuant to Section 6-107.1, the Secretary may issue an | ||||||
| 15 | instruction permit to a person 16 or 17 years of age that | ||||||
| 16 | entitles the holder to drive upon the highways during daylight | ||||||
| 17 | under direct supervision of a licensed motor driven cycle | ||||||
| 18 | operator 21 years of age or older who has a license | ||||||
| 19 | classification to operate such motor driven cycle and at least | ||||||
| 20 | one year of driving experience. | ||||||
| 21 | (e) A person may not operate a motor driven cycle while | ||||||
| 22 | carrying a passenger unless that motor driven cycle was | ||||||
| 23 | manufactured to carry a passenger. | ||||||
| 24 | (f) A motor driven cycle manufactured to accommodate | ||||||
| 25 | passengers may not be operated by a person under the age of 18 | ||||||
| 26 | while transporting a passenger unless the passenger is a | ||||||
| |||||||
| |||||||
| 1 | sibling, stepsibling, child, or stepchild of the operator. | ||||||
| 2 | (g) Each motor driven cycle shall be equipped with a | ||||||
| 3 | speedometer that displays the speed of travel in miles per | ||||||
| 4 | hour. Each motor driven cycle shall also be equipped with or | ||||||
| 5 | display a vehicle identification number and conform with all | ||||||
| 6 | federal vehicle safety standards as well as meet all | ||||||
| 7 | applicable equipment requirements specified in this Article | ||||||
| 8 | and Chapter 12. No person shall knowingly tamper with or | ||||||
| 9 | modify the speed capability or engagement of a motor driven | ||||||
| 10 | cycle beyond its originally intended capability. | ||||||
| 11 | (h) Except as otherwise provided in this Section, every | ||||||
| 12 | person operating a motor driven cycle upon a highway shall be | ||||||
| 13 | granted all of the rights allowed under this Chapter, and | ||||||
| 14 | shall be subject to all of the duties applicable to the driver | ||||||
| 15 | of a vehicle by this Code, except as to any applicable special | ||||||
| 16 | rules and those provisions of this Code which by their nature | ||||||
| 17 | can have no application. | ||||||
| 18 | (i) No retailer, wholesaler, distributor, or manufacturer | ||||||
| 19 | shall market, advertise, label, or otherwise offer for sale a | ||||||
| 20 | motor driven cycle in any manner that would reasonably cause a | ||||||
| 21 | consumer to believe that the vehicle is a device that is not | ||||||
| 22 | subject to the requirements of this Section. Any violation of | ||||||
| 23 | this subsection constitutes an unlawful practice under the | ||||||
| 24 | Consumer Fraud and Deceptive Business Practices Act, and is | ||||||
| 25 | enforceable by the Attorney General or State's Attorneys under | ||||||
| 26 | the Consumer Fraud and Deceptive Business Practices Act. Law | ||||||
| |||||||
| |||||||
| 1 | enforcement officers are authorized to seize or impound | ||||||
| 2 | vehicles marketed or sold in violation of this subsection, | ||||||
| 3 | pending resolution of proceedings initiated pursuant to the | ||||||
| 4 | Consumer Fraud and Deceptive Business Practices Act. In | ||||||
| 5 | addition to any penalty authorized under this subsection, the | ||||||
| 6 | law enforcement agency may provide for the release of properly | ||||||
| 7 | impounded vehicles and for the imposition of a reasonable | ||||||
| 8 | administrative fee related to its confiscation and impounding. | ||||||
| 9 | A retailer, wholesaler, distributor, or manufacturer that | ||||||
| 10 | violates this subsection is subject to a civil penalty not | ||||||
| 11 | exceeding $10,000 for each violation. Each mislabeled or | ||||||
| 12 | falsely marketed vehicle constitutes a separate violation. | ||||||
| 13 | (j) Any motor driven cycle found to be in violation of this | ||||||
| 14 | Section may, in the discretion of the law enforcement agency | ||||||
| 15 | having jurisdiction, be subject to confiscation and | ||||||
| 16 | impoundment. The law enforcement agency may provide for the | ||||||
| 17 | release of properly impounded vehicles and for the imposition | ||||||
| 18 | of a reasonable administrative fee related to its confiscation | ||||||
| 19 | and impounding. The administrative fee shall be waived upon | ||||||
| 20 | verifiable proof that the vehicle was stolen or hijacked at | ||||||
| 21 | the time the vehicle was impounded. | ||||||
| 22 | (k) No unit of local government, including a home rule | ||||||
| 23 | unit, may regulate motor driven cycles. This subsection (k) is | ||||||
| 24 | a denial and limitation of home rule powers and functions | ||||||
| 25 | under subsection (h) of Section 6 of Article VII of the | ||||||
| 26 | Illinois Constitution, and is an exercise of exclusive State | ||||||
| |||||||
| |||||||
| 1 | power which may not be exercised concurrently by a home rule | ||||||
| 2 | unit. | ||||||
| 3 | (l) Every owner of a motor driven cycle is subject to the | ||||||
| 4 | mandatory insurance requirements specified in Article VI of | ||||||
| 5 | Chapter 7 of this Code. | ||||||
| 6 | (m) The Secretary may adopt any rules necessary to | ||||||
| 7 | implement this Section. | ||||||
| 8 | (625 ILCS 5/11-1435 new) | ||||||
| 9 | Sec. 11-1435. Operation of electric micromobility devices. | ||||||
| 10 | (a) Except as otherwise provided in this Section, a person | ||||||
| 11 | may operate an electric micromobility device upon any highway, | ||||||
| 12 | street, roadway, bicycle lane, or bicycle path in this State. | ||||||
| 13 | A person operating an electric micromobility device upon a | ||||||
| 14 | highway, street, or roadway may not otherwise impede or | ||||||
| 15 | obstruct other vehicular traffic. | ||||||
| 16 | (b) An electric micromobility device shall not be operated | ||||||
| 17 | on: | ||||||
| 18 | (1) a sidewalk; | ||||||
| 19 | (2) a highway with a posted speed limit in excess of 45 | ||||||
| 20 | miles per hour, unless there is a designated bicycle lane | ||||||
| 21 | on such highway; or | ||||||
| 22 | (3) an interstate highway. | ||||||
| 23 | Additionally, any such electric micromobility device | ||||||
| 24 | capable of operating in excess of 28 miles per hour shall be | ||||||
| 25 | prohibited from operating on any public highway, regardless of | ||||||
| |||||||
| |||||||
| 1 | posted speed limit, and shall further be prohibited from | ||||||
| 2 | bicycle lanes and bicycle paths. | ||||||
| 3 | (c) The Department of Transportation, the Department of | ||||||
| 4 | Natural Resources, or a unit of local government may adopt, by | ||||||
| 5 | ordinance, resolution, or administrative rule, rules | ||||||
| 6 | prohibiting the use of electric micromobility devices upon any | ||||||
| 7 | highway, street, roadway, bicycle lane, or bicycle path under | ||||||
| 8 | its jurisdiction. | ||||||
| 9 | (d) A person may not operate an electric micromobility | ||||||
| 10 | device unless he or she is 16 years of age or older. | ||||||
| 11 | (e) Every electric micromobility device shall be equipped | ||||||
| 12 | with a functioning brake that will adequately control movement | ||||||
| 13 | of and stop and hold the device. Every electric micromobility | ||||||
| 14 | device, when in use at nighttime, shall also be equipped with a | ||||||
| 15 | lamp on the front that emits a white light visible from a | ||||||
| 16 | distance of at least 500 feet to the front and with a red | ||||||
| 17 | reflector on the rear that is visible from all distances from | ||||||
| 18 | 100 feet to 600 feet to the rear when directly in front of | ||||||
| 19 | lawful lower beams of headlamps on a motor vehicle, except | ||||||
| 20 | that a lamp emitting a steady or flashing red light visible | ||||||
| 21 | from a distance of 500 feet to the rear may be used in addition | ||||||
| 22 | to or instead of the red reflector. A person operating an | ||||||
| 23 | electric micromobility device at nighttime may also use a | ||||||
| 24 | headlamp equipped with lighting sufficient to meet the | ||||||
| 25 | visibility requirements of this subsection. | ||||||
| 26 | (f) An electric micromobility device may be parked in the | ||||||
| |||||||
| |||||||
| 1 | same manner and at the same locations as a bicycle may be | ||||||
| 2 | parked; however, such device must not obstruct any sidewalk or | ||||||
| 3 | pedestrian right-of-way. | ||||||
| 4 | (g) A person may not use an electric micromobility device | ||||||
| 5 | to carry a passenger unless the device was originally designed | ||||||
| 6 | to carry more than one person at a time. | ||||||
| 7 | (h) No person riding upon any electric micromobility | ||||||
| 8 | device shall attach the device or himself or herself to any | ||||||
| 9 | vehicle upon a roadway. | ||||||
| 10 | (i) No person shall knowingly tamper with or modify the | ||||||
| 11 | speed capability or engagement of an electric micromobility | ||||||
| 12 | device beyond the original speed capability of the device. | ||||||
| 13 | (j) A person may not operate an electric micromobility | ||||||
| 14 | device while under the influence of alcohol or any drug. | ||||||
| 15 | (k) Every electric micromobility device shall be | ||||||
| 16 | well-maintained and in good operating condition. | ||||||
| 17 | (l) An electric micromobility device shall not be equipped | ||||||
| 18 | with a siren nor shall any person use any siren upon an | ||||||
| 19 | electric micromobility device. This subsection does not apply | ||||||
| 20 | to an electric micromobility device used by a police or fire | ||||||
| 21 | department. | ||||||
| 22 | (m) Any electric micromobility device operated in | ||||||
| 23 | violation of or found to be in violation of this Section, or | ||||||
| 24 | any local ordinance adopted pursuant to this Section, may, in | ||||||
| 25 | the discretion of the unit of local government or law | ||||||
| 26 | enforcement agency having jurisdiction, be subject to | ||||||
| |||||||
| |||||||
| 1 | confiscation and impoundment. The unit of local government or | ||||||
| 2 | law enforcement agency may provide for the release of properly | ||||||
| 3 | impounded vehicles and for the imposition of a reasonable | ||||||
| 4 | administrative fee related to its confiscation and impounding. | ||||||
| 5 | The administrative fee shall be waived upon verifiable proof | ||||||
| 6 | that the vehicle was stolen or hijacked at the time the vehicle | ||||||
| 7 | was impounded. | ||||||
| 8 | (n) Every person operating an electric micromobility | ||||||
| 9 | device upon a highway shall be granted all of the rights | ||||||
| 10 | allowed by this Chapter, and shall be subject to all of the | ||||||
| 11 | duties applicable to the driver of a vehicle by this Code, | ||||||
| 12 | except as to any applicable special rules and those provisions | ||||||
| 13 | of this Code which by their nature can have no application. | ||||||
| 14 | (o) The mandatory insurance requirements specified under | ||||||
| 15 | Article VI of Chapter 7 of this Code shall not apply to an | ||||||
| 16 | electric micromobility device. | ||||||
| 17 | (p) No unit of local government, including a home rule | ||||||
| 18 | unit, may regulate electric micromobility devices in a manner | ||||||
| 19 | that is less restrictive than this Section. This subsection is | ||||||
| 20 | a limitation under subsection (i) of Section 6 of Article VII | ||||||
| 21 | of the Illinois Constitution on the concurrent exercise by | ||||||
| 22 | home rule units of powers and functions exercised by the | ||||||
| 23 | State. | ||||||
| 24 | (q) The Secretary may adopt any rules necessary to | ||||||
| 25 | implement this Section. | ||||||
| |||||||
| |||||||
| 1 | (625 ILCS 5/11-1517) | ||||||
| 2 | Sec. 11-1517. Low-speed electric bicycles. | ||||||
| 3 | (a) Except as otherwise provided in this Section, the | ||||||
| 4 | provisions of this Chapter that apply to bicycles also apply | ||||||
| 5 | to low-speed electric bicycles. | ||||||
| 6 | (b) Each low-speed electric bicycle operating in this | ||||||
| 7 | State shall comply with equipment and manufacturing | ||||||
| 8 | requirements adopted by the United States Consumer Product | ||||||
| 9 | Safety Commission under 16 CFR 1512. Each Class 3 low-speed | ||||||
| 10 | electric bicycle shall be equipped with a speedometer that | ||||||
| 11 | displays the speed the bicycle is traveling in miles per hour. | ||||||
| 12 | (c) Beginning on or after January 1, 2018, every | ||||||
| 13 | manufacturer and distributor of low-speed electric bicycles | ||||||
| 14 | shall apply a label that is permanently affixed to the bicycle | ||||||
| 15 | in a prominent location. The label shall contain, in Arial | ||||||
| 16 | font in at least 9-point type: | ||||||
| 17 | (1) a classification number for the bicycle that | ||||||
| 18 | corresponds with a class under Section 1-140.10 of this | ||||||
| 19 | Code; | ||||||
| 20 | (2) the bicycle's top assisted speed; and | ||||||
| 21 | (3) the bicycle's motor wattage. | ||||||
| 22 | No person shall knowingly tamper or modify the speed | ||||||
| 23 | capability or engagement of a low-speed electric bicycle | ||||||
| 24 | without replacing the label required under this subsection | ||||||
| 25 | (c). | ||||||
| 26 | (d) A Class 2 low-speed electric bicycle shall operate in | ||||||
| |||||||
| |||||||
| 1 | a manner so that the electric motor is disengaged or ceases to | ||||||
| 2 | function when the brakes are applied. A Class 1 low-speed | ||||||
| 3 | electric bicycle and a Class 3 low-speed electric bicycle | ||||||
| 4 | shall operate in a manner so that the electric motor is | ||||||
| 5 | disengaged or ceases to function when the rider stops | ||||||
| 6 | pedaling. | ||||||
| 7 | (e) A person may operate a low-speed electric bicycle upon | ||||||
| 8 | any highway, street, or roadway authorized for use by | ||||||
| 9 | bicycles, including, but not limited to, bicycle lanes. | ||||||
| 10 | (f) A person may operate a low-speed electric bicycle upon | ||||||
| 11 | any bicycle path unless the State agency, municipality, | ||||||
| 12 | county, or local authority with jurisdiction prohibits the use | ||||||
| 13 | of low-speed electric bicycles or a specific class of | ||||||
| 14 | low-speed electric bicycles on that path. The Department of | ||||||
| 15 | Natural Resources is authorized to adopt administrative rules | ||||||
| 16 | for the regulation of low-speed electric bicycles on any and | ||||||
| 17 | all properties owned, managed, or leased by the Department of | ||||||
| 18 | Natural Resources. | ||||||
| 19 | (g) A person may not operate a low-speed electric bicycle | ||||||
| 20 | on a sidewalk. | ||||||
| 21 | (h) A person may operate a Class 3 low-speed electric | ||||||
| 22 | bicycle only if he or she is 16 years of age or older. A person | ||||||
| 23 | who is less than 16 years of age may ride as a passenger on a | ||||||
| 24 | Class 3 low-speed electric bicycle that is designed to | ||||||
| 25 | accommodate passengers. A low-speed electric bicycle that is | ||||||
| 26 | manufactured to accommodate passengers may not be operated by | ||||||
| |||||||
| |||||||
| 1 | a person under the age of 18 with a passenger unless the | ||||||
| 2 | passenger is a sibling, stepsibling, child, or stepchild of | ||||||
| 3 | the operator. | ||||||
| 4 | (Source: P.A. 100-209, eff. 1-1-18.) | ||||||
| 5 | Section 10. The Consumer Fraud and Deceptive Business | ||||||
| 6 | Practices Act is amended by changing Section 2Z as follows: | ||||||
| 7 | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z) | ||||||
| 8 | Sec. 2Z. Violations of other Acts. Any person who | ||||||
| 9 | knowingly violates the Automotive Repair Act, the Automotive | ||||||
| 10 | Collision Repair Act, the Home Repair and Remodeling Act, the | ||||||
| 11 | Dance Studio Act, the Physical Fitness Services Act, the | ||||||
| 12 | Hearing Instrument Consumer Protection Act, the Illinois Union | ||||||
| 13 | Label Act, the Installment Sales Contract Act, the Job | ||||||
| 14 | Referral and Job Listing Services Consumer Protection Act, the | ||||||
| 15 | Travel Promotion Consumer Protection Act, the Credit Services | ||||||
| 16 | Organizations Act, the Automatic Telephone Dialers Act, the | ||||||
| 17 | Pay-Per-Call Services Consumer Protection Act, the Telephone | ||||||
| 18 | Solicitations Act, the Illinois Funeral or Burial Funds Act, | ||||||
| 19 | the Cemetery Oversight Act, the Cemetery Care Act, the Safe | ||||||
| 20 | and Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales | ||||||
| 21 | Act, the High Risk Home Loan Act, the Payday Loan Reform Act, | ||||||
| 22 | the Predatory Loan Prevention Act, the Mortgage Rescue Fraud | ||||||
| 23 | Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax | ||||||
| 24 | Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use | ||||||
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| |||||||
| 1 | Tax Act, the Electronic Mail Act, the Internet Caller | ||||||
| 2 | Identification Act, paragraph (6) of subsection (k) of Section | ||||||
| 3 | 6-305 of the Illinois Vehicle Code, Section 11-1431, 18d-115, | ||||||
| 4 | 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois | ||||||
| 5 | Vehicle Code, subsection (i) of Section 11-1403.4 of the | ||||||
| 6 | Illinois Vehicle Code, Article 3 of the Residential Real | ||||||
| 7 | Property Disclosure Act, the Automatic Contract Renewal Act, | ||||||
| 8 | the Reverse Mortgage Act, Section 25 of the Youth Mental | ||||||
| 9 | Health Protection Act, the Personal Information Protection | ||||||
| 10 | Act, or the Student Online Personal Protection Act commits an | ||||||
| 11 | unlawful practice within the meaning of this Act. | ||||||
| 12 | (Source: P.A. 100-315, eff. 8-24-17; 100-416, eff. 1-1-18; | ||||||
| 13 | 100-863, eff. 8-14-18; 101-658, eff. 3-23-21.) | ||||||
| 14 | Section 99. Effective date. This Act takes effect July 1, | ||||||
| 15 | 2027.". | ||||||
