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_002.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_002.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, 7-601, | ||||||
| 7 | 11-208, 11-501, 11-1516, and 11-1517 and by adding Sections | ||||||
| 8 | 1-106.1, 1-106.2, 1-117.6, 1-117.8, 1-117.9, 1-117.10, | ||||||
| 9 | 1-125.11, 1-205.5, 1-213.7, 11-317, 11-1008.5, 11-1403.4, and | ||||||
| 10 | 11-1435 as follows: | ||||||
| 11 | (625 ILCS 5/1-106.1 new) | ||||||
| 12 | Sec. 1-106.1. Bicycle lane. A restricted right-of-way that | ||||||
| 13 | runs alongside a roadway and is designated for the exclusive | ||||||
| 14 | or semi-exclusive use of bicycles with through travel by motor | ||||||
| 15 | vehicles or pedestrians prohibited, but with vehicle parking | ||||||
| 16 | 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 and operated at speeds up to | ||||||
| 10 | 28 miles per hour. "Electric micromobility device" includes | ||||||
| 11 | electric skateboards, electric unicycles, low-speed electric | ||||||
| 12 | scooters, and high-speed electric scooters. For purposes of | ||||||
| 13 | this Code, an electric micromobility device shall be | ||||||
| 14 | considered a motor vehicle. "Electric micromobility device" | ||||||
| 15 | does not include an electric personal assistive mobility | ||||||
| 16 | device or a toy vehicle. | ||||||
| 17 | (625 ILCS 5/1-117.7) | ||||||
| 18 | Sec. 1-117.7. Electric personal assistive mobility device. | ||||||
| 19 | A self-balancing 2 non-tandem wheeled device designed to | ||||||
| 20 | transport only one person with an electric propulsion system | ||||||
| 21 | that limits the maximum speed of the device to 15 miles per | ||||||
| 22 | hour or less, including, but not limited to, products marketed | ||||||
| 23 | under the brand names of "Segway" or "Hoverboard" and other | ||||||
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| 1 | similar self-balancing 2 non-tandem wheeled products. | ||||||
| 2 | "Electric personal assistive mobility device" does not include | ||||||
| 3 | an electric micromobility device. | ||||||
| 4 | (Source: P.A. 92-868, eff. 6-1-03.) | ||||||
| 5 | (625 ILCS 5/1-117.8 new) | ||||||
| 6 | Sec. 1-117.8. Electric unicycle. A self-balancing | ||||||
| 7 | one-wheeled device designed to transport only one person with | ||||||
| 8 | an electric propulsion system. Except as may otherwise be | ||||||
| 9 | provided in this Code and to the extent practicable, the | ||||||
| 10 | provisions of Article XV of Chapter 11 that apply to bicycles | ||||||
| 11 | shall also apply to electric unicycles. | ||||||
| 12 | (625 ILCS 5/1-117.9 new) | ||||||
| 13 | Sec. 1-117.9. Electric skateboard. A skateboard powered by | ||||||
| 14 | an electric motor. | ||||||
| 15 | (625 ILCS 5/1-117.10 new) | ||||||
| 16 | Sec. 1-117.10. Electric bicycle. A bicycle with operable | ||||||
| 17 | pedals and an electric motor. | ||||||
| 18 | (625 ILCS 5/1-125.11 new) | ||||||
| 19 | Sec. 1-125.11. High-speed electric scooter. A device with | ||||||
| 20 | 2 or 3 wheels, handlebars, and a floorboard that can be stood | ||||||
| 21 | upon while riding, that is solely powered by an electric motor | ||||||
| 22 | and human power, and whose maximum speed, with or without | ||||||
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| 1 | human propulsion, is more than 15 miles per hour. "High-speed | ||||||
| 2 | electric scooter" does not include a moped or motor driven | ||||||
| 3 | cycle. | ||||||
| 4 | (625 ILCS 5/1-140.10) | ||||||
| 5 | Sec. 1-140.10. Low-speed electric bicycle. A bicycle | ||||||
| 6 | equipped with fully operable pedals and an electric motor of | ||||||
| 7 | less than 750 watts that meets the requirements of one of the | ||||||
| 8 | following classes: | ||||||
| 9 | (a) "Class 1 low-speed electric bicycle" means a | ||||||
| 10 | low-speed electric bicycle equipped with a motor that | ||||||
| 11 | provides assistance only when the rider is pedaling and | ||||||
| 12 | that ceases to provide assistance when the bicycle reaches | ||||||
| 13 | a speed of 20 miles per hour. | ||||||
| 14 | (b) "Class 2 low-speed electric bicycle" means a | ||||||
| 15 | low-speed electric bicycle equipped with a motor that may | ||||||
| 16 | be used exclusively to propel the bicycle and that is not | ||||||
| 17 | capable of providing assistance when the bicycle reaches a | ||||||
| 18 | speed of 20 miles per hour. | ||||||
| 19 | (c) "Class 3 low-speed electric bicycle" means a | ||||||
| 20 | low-speed electric bicycle equipped with a motor that | ||||||
| 21 | provides assistance only when the rider is pedaling and | ||||||
| 22 | that ceases to provide assistance when the bicycle reaches | ||||||
| 23 | a speed of 28 miles per hour. | ||||||
| 24 | A "low-speed electric bicycle" is not a moped or a motor | ||||||
| 25 | driven cycle. Any electric bicycle that is not a low-speed | ||||||
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| 1 | electric bicycle shall be considered a motor driven cycle for | ||||||
| 2 | purposes of this Code. | ||||||
| 3 | (Source: P.A. 100-209, eff. 1-1-18.) | ||||||
| 4 | (625 ILCS 5/1-140.11) | ||||||
| 5 | Sec. 1-140.11. Low-speed electric scooter. A device | ||||||
| 6 | weighing less than 100 pounds, with 2 or 3 wheels, handlebars, | ||||||
| 7 | and a floorboard that can be stood upon while riding, that is | ||||||
| 8 | solely powered by an electric motor and human power, and whose | ||||||
| 9 | maximum speed, with or without human propulsion, is no more | ||||||
| 10 | than 15 10 miles per hour. "Low-speed electric scooter" does | ||||||
| 11 | not include a moped or motor-driven cycle. | ||||||
| 12 | (Source: P.A. 103-899, eff. 8-9-24.) | ||||||
| 13 | (625 ILCS 5/1-140.15) | ||||||
| 14 | Sec. 1-140.15. Low-speed gas bicycle. A 2-wheeled or | ||||||
| 15 | 3-wheeled device with fully operable pedals and a gasoline | ||||||
| 16 | motor of less than one horsepower or 15 cubic centimeter | ||||||
| 17 | displacement that is operated at speeds of less than 28 20 | ||||||
| 18 | miles per hour. Any gas-powered bicycle that is not a | ||||||
| 19 | low-speed gas bicycle shall be considered a motor driven cycle | ||||||
| 20 | for purposes of this Code. | ||||||
| 21 | (Source: P.A. 103-706, eff. 1-1-25.) | ||||||
| 22 | (625 ILCS 5/1-145.001) (from Ch. 95 1/2, par. 1-148) | ||||||
| 23 | Sec. 1-145.001. Motor driven cycle. Every motorcycle, | ||||||
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| 1 | moped, and every motor scooter with an internal combustion | ||||||
| 2 | engine of less than 150 cubic centimeter piston displacement, | ||||||
| 3 | or an electric motor with a nominal power rating of greater | ||||||
| 4 | than 750 watts but less than or equal to 8,000 watts, including | ||||||
| 5 | motorized pedalcycles and every electric bicycle or | ||||||
| 6 | gas-powered bicycle that is not a low-speed electric bicycle | ||||||
| 7 | or low-speed gas bicycle. | ||||||
| 8 | (Source: P.A. 90-89, eff. 1-1-98.) | ||||||
| 9 | (625 ILCS 5/1-146) (from Ch. 95 1/2, par. 1-146) | ||||||
| 10 | Sec. 1-146. Motor vehicle. Every vehicle which is | ||||||
| 11 | self-propelled and every vehicle which is propelled by | ||||||
| 12 | electric power obtained from overhead trolley wires, but not | ||||||
| 13 | operated upon rails, except for vehicles moved solely by human | ||||||
| 14 | power, motorized wheelchairs, low-speed electric bicycles, and | ||||||
| 15 | low-speed gas bicycles. For this Code Act, motor vehicles are | ||||||
| 16 | divided into two divisions: | ||||||
| 17 | First Division: Those motor vehicles which are designed | ||||||
| 18 | for the carrying of not more than 10 persons. | ||||||
| 19 | Second Division: Those motor vehicles which are designed | ||||||
| 20 | for carrying more than 10 persons, those motor vehicles | ||||||
| 21 | designed or used for living quarters, those motor vehicles | ||||||
| 22 | which are designed for pulling or carrying freight, cargo or | ||||||
| 23 | implements of husbandry, and those motor vehicles of the First | ||||||
| 24 | Division remodelled for use and used as motor vehicles of the | ||||||
| 25 | Second Division. | ||||||
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| 1 | (Source: P.A. 96-125, eff. 1-1-10.) | ||||||
| 2 | (625 ILCS 5/1-158) (from Ch. 95 1/2, par. 1-158) | ||||||
| 3 | Sec. 1-158. Pedestrian. Any person afoot or wearing | ||||||
| 4 | in-line speed skates or riding a non-motorized skateboard or | ||||||
| 5 | operating a toy vehicle, including a person with a physical, | ||||||
| 6 | hearing, or visual disability. | ||||||
| 7 | (Source: P.A. 103-706, eff. 1-1-25.) | ||||||
| 8 | (625 ILCS 5/1-205.5 new) | ||||||
| 9 | Sec. 1-205.5. Toy vehicle. Any battery powered ride-on toy | ||||||
| 10 | that (i) is designed to not exceed 10 miles per hour, (ii) | ||||||
| 11 | includes any number of wheels or handlebars or a steering | ||||||
| 12 | wheel, and a seat or platform, and (iii) is designed for | ||||||
| 13 | children under 8 years of age, including, but not limited to, | ||||||
| 14 | products marketed under the brand names of "Razor" or "Power | ||||||
| 15 | Wheels" and other similar products. | ||||||
| 16 | (625 ILCS 5/1-213.7 new) | ||||||
| 17 | Sec. 1-213.7. Unicycle. Every human-powered device with | ||||||
| 18 | one wheel and operable pedals and a designated seat for the | ||||||
| 19 | transportation of one person. Except as may otherwise be | ||||||
| 20 | provided in this Code and to the extent practicable, the | ||||||
| 21 | provisions of Article XV of Chapter 11 that apply to bicycles | ||||||
| 22 | shall also apply to unicycles. | ||||||
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| 1 | (625 ILCS 5/3-101) (from Ch. 95 1/2, par. 3-101) | ||||||
| 2 | Sec. 3-101. Certificate of title required. | ||||||
| 3 | (a) Except as provided in Section 3-102, every owner of a | ||||||
| 4 | vehicle which is in this State and for which no Illinois | ||||||
| 5 | certificate of title has been issued by the Secretary of State | ||||||
| 6 | shall make application to the Secretary of State for an | ||||||
| 7 | Illinois certificate of title of the vehicle. Except as | ||||||
| 8 | provided in Section 3-102, every owner of a vehicle, excluding | ||||||
| 9 | vehicles acquired by insurance companies through a settlement | ||||||
| 10 | of an insurance claim or by lienholders taking title through | ||||||
| 11 | repossession, that is in this State for which no Illinois | ||||||
| 12 | certificate of title has been issued by the Secretary of State | ||||||
| 13 | and every owner of a vehicle that is in the State applying for | ||||||
| 14 | a duplicate certificate of title or a corrected certificate of | ||||||
| 15 | title, including a dealer lien release certificate of title, | ||||||
| 16 | must make application to the Secretary of State for an | ||||||
| 17 | Illinois duplicate certificate of title or corrected | ||||||
| 18 | certificate of title. A certificate of title issued to any | ||||||
| 19 | owner of a vehicle, excluding vehicles acquired by insurance | ||||||
| 20 | companies through a settlement of an insurance claim or by | ||||||
| 21 | lienholders taking title through repossession, in this State | ||||||
| 22 | showing an Illinois address for the owner that has been issued | ||||||
| 23 | by an entity other than the Secretary of State must be | ||||||
| 24 | converted to an Illinois title before the owner can transfer | ||||||
| 25 | ownership of the vehicle. | ||||||
| 26 | Under no circumstances shall a dealer required to obtain | ||||||
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| 1 | an Illinois certificate of title pursuant to this Code be | ||||||
| 2 | allowed to obtain an out-of-state certificate of title for | ||||||
| 3 | purposes of a vehicle held for sale in this State by the | ||||||
| 4 | dealer. Under no circumstances shall a dealer be allowed to | ||||||
| 5 | obtain an out-of-state certificate of title in lieu of an | ||||||
| 6 | Illinois-issued dealer lien release certificate of title when | ||||||
| 7 | a dealer may have need of such title issuance. Nothing in this | ||||||
| 8 | Section shall be construed so as to allow a dealer to acquire | ||||||
| 9 | an out-of-state certificate of title in lieu of acquiring an | ||||||
| 10 | Illinois certificate of title for purposes of a vehicle held | ||||||
| 11 | for sale in this State by the dealer. | ||||||
| 12 | (b) Every owner of a motorcycle or motor driven cycle | ||||||
| 13 | purchased new on and after January 1, 1980 shall make | ||||||
| 14 | application to the Secretary of State for a certificate of | ||||||
| 15 | title. However, if such cycle is not properly manufactured or | ||||||
| 16 | equipped for general highway use pursuant to the provisions of | ||||||
| 17 | this Act, it shall not be eligible for license registration, | ||||||
| 18 | but shall be issued a distinctive certificate of title except | ||||||
| 19 | as provided in Sections 3-102 and 3-110 of this Act. | ||||||
| 20 | (b-5) Every owner of (i) a motor driven cycle that is | ||||||
| 21 | powered by an electric motor with a nominal power rating of | ||||||
| 22 | greater than 750 watts but less than or equal to 8,000 watts or | ||||||
| 23 | (ii) a gas-powered bicycle capable of operating at speeds | ||||||
| 24 | greater than 28 miles per hour, purchased new on and after | ||||||
| 25 | January 1, 2027, shall make application to the Secretary of | ||||||
| 26 | State for a certificate of title, as long as such motor driven | ||||||
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| 1 | cycle or gas-powered bicycle has a vehicle identification | ||||||
| 2 | number with which it is associated before a certificate of | ||||||
| 3 | title may be issued. However, if such motor driven cycle or | ||||||
| 4 | gas-powered bicycle is not properly manufactured or equipped | ||||||
| 5 | for general highway use under this Code, it shall not be | ||||||
| 6 | eligible for registration, but shall be issued a distinctive | ||||||
| 7 | certificate of title except as provided in Sections 3-102 and | ||||||
| 8 | 3-110. | ||||||
| 9 | (c) The Secretary of State shall not register or renew the | ||||||
| 10 | registration of a vehicle unless a certificate of title has | ||||||
| 11 | been issued by the Secretary of State to the owner or an | ||||||
| 12 | application therefor has been delivered by the owner to the | ||||||
| 13 | Secretary of State. | ||||||
| 14 | (d) Every owner of an all-terrain vehicle or off-highway | ||||||
| 15 | motorcycle purchased on or after January 1, 1998 shall make | ||||||
| 16 | application to the Secretary of State for a certificate of | ||||||
| 17 | title. | ||||||
| 18 | (e) Every owner of a low-speed vehicle manufactured after | ||||||
| 19 | January 1, 2010 shall make application to the Secretary of | ||||||
| 20 | State for a certificate of title. | ||||||
| 21 | (Source: P.A. 103-891, eff. 8-9-24.) | ||||||
| 22 | (625 ILCS 5/3-102) (from Ch. 95 1/2, par. 3-102) | ||||||
| 23 | Sec. 3-102. Exclusions. No certificate of title need be | ||||||
| 24 | obtained for: | ||||||
| 25 | 1. a vehicle owned by the State of Illinois; or a | ||||||
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| 1 | vehicle owned by the United States unless it is registered | ||||||
| 2 | in this State; | ||||||
| 3 | 2. a vehicle owned by a manufacturer or dealer and | ||||||
| 4 | held for sale, even though incidentally moved on the | ||||||
| 5 | highway or used for purposes of testing or demonstration, | ||||||
| 6 | provided a dealer reassignment area is still available on | ||||||
| 7 | the manufacturer's certificate of origin or the Illinois | ||||||
| 8 | title; or a vehicle used by a manufacturer solely for | ||||||
| 9 | testing; | ||||||
| 10 | 3. a vehicle owned by a non-resident of this State and | ||||||
| 11 | not required by law to be registered in this State; | ||||||
| 12 | 4. a motor vehicle regularly engaged in the interstate | ||||||
| 13 | transportation of persons or property for which a | ||||||
| 14 | currently effective certificate of title has been issued | ||||||
| 15 | in another State; | ||||||
| 16 | 5. a vehicle moved solely by animal power; | ||||||
| 17 | 6. an implement of husbandry; | ||||||
| 18 | 7. special mobile equipment; | ||||||
| 19 | 8. an apportionable trailer or an apportionable | ||||||
| 20 | semitrailer registered in the State prior to April 1, | ||||||
| 21 | 1998; | ||||||
| 22 | 9. a manufactured home for which an affidavit of | ||||||
| 23 | affixation has been recorded pursuant to the Conveyance | ||||||
| 24 | and Encumbrance of Manufactured Homes as Real Property and | ||||||
| 25 | Severance Act unless with respect to the same manufactured | ||||||
| 26 | home there has been recorded an affidavit of severance | ||||||
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| 1 | pursuant to that Act; | ||||||
| 2 | 10. (blank); low-speed electric scooters. | ||||||
| 3 | 11. electric micromobility devices. | ||||||
| 4 | (Source: P.A. 103-899, eff. 8-9-24.) | ||||||
| 5 | (625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402) | ||||||
| 6 | Sec. 3-402. Vehicles subject to registration; exceptions. | ||||||
| 7 | A. Exemptions and Policy. Every motor vehicle, trailer, | ||||||
| 8 | semitrailer and pole trailer when driven or moved upon a | ||||||
| 9 | highway shall be subject to the registration and certificate | ||||||
| 10 | of title provisions of this Chapter except: | ||||||
| 11 | (1) Any such vehicle driven or moved upon a highway in | ||||||
| 12 | conformance with the provisions of this Chapter relating | ||||||
| 13 | to manufacturers, transporters, dealers, lienholders or | ||||||
| 14 | nonresidents or under a temporary registration permit | ||||||
| 15 | issued by the Secretary of State; | ||||||
| 16 | (2) Any implement of husbandry whether of a type | ||||||
| 17 | otherwise subject to registration hereunder or not which | ||||||
| 18 | is only incidentally operated or moved upon a highway, | ||||||
| 19 | which shall include a not-for-hire movement for the | ||||||
| 20 | purpose of delivering farm commodities to a place of first | ||||||
| 21 | processing or sale, or to a place of storage; | ||||||
| 22 | (3) Any special mobile equipment as herein defined; | ||||||
| 23 | (4) Any vehicle which is propelled exclusively by | ||||||
| 24 | electric power obtained from overhead trolley wires though | ||||||
| 25 | not operated upon rails; | ||||||
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| 1 | (5) Any vehicle which is equipped and used exclusively | ||||||
| 2 | as a pumper, ladder truck, rescue vehicle, searchlight | ||||||
| 3 | truck, or other fire apparatus, but not a vehicle of a type | ||||||
| 4 | which would otherwise be subject to registration as a | ||||||
| 5 | vehicle of the first division; | ||||||
| 6 | (6) Any vehicle which is owned and operated by the | ||||||
| 7 | federal government and externally displays evidence of | ||||||
| 8 | federal ownership. It is the policy of the State of | ||||||
| 9 | Illinois to promote and encourage the fullest use of its | ||||||
| 10 | highways and to enhance the flow of commerce thus | ||||||
| 11 | contributing to the economic, agricultural, industrial and | ||||||
| 12 | social growth and development of this State, by | ||||||
| 13 | authorizing the Secretary of State to negotiate and enter | ||||||
| 14 | into reciprocal or proportional agreements or arrangements | ||||||
| 15 | with other States, or to issue declarations setting forth | ||||||
| 16 | reciprocal exemptions, benefits and privileges with | ||||||
| 17 | respect to vehicles operated interstate which are properly | ||||||
| 18 | registered in this and other States, assuring nevertheless | ||||||
| 19 | proper registration of vehicles in Illinois as may be | ||||||
| 20 | required by this Code; | ||||||
| 21 | (7) Any converter dolly or tow dolly which merely | ||||||
| 22 | serves as substitute wheels for another legally licensed | ||||||
| 23 | vehicle. A title may be issued on a voluntary basis to a | ||||||
| 24 | tow dolly upon receipt of the manufacturer's certificate | ||||||
| 25 | of origin or the bill of sale; | ||||||
| 26 | (8) Any house trailer found to be an abandoned mobile | ||||||
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| 1 | home under the Abandoned Mobile Home Act; | ||||||
| 2 | (9) Any vehicle that is not properly registered or | ||||||
| 3 | does not have registration plates or digital registration | ||||||
| 4 | plates issued to the owner or operator affixed thereto, or | ||||||
| 5 | that does have registration plates or digital registration | ||||||
| 6 | plates issued to the owner or operator affixed thereto but | ||||||
| 7 | the plates are not appropriate for the weight of the | ||||||
| 8 | vehicle, provided that this exemption shall apply only | ||||||
| 9 | while the vehicle is being transported or operated by a | ||||||
| 10 | towing service and has a third tow plate affixed to it; | ||||||
| 11 | (10) (blank); Low-speed electric scooters. | ||||||
| 12 | (11) electric micromobility devices. | ||||||
| 13 | B. Reciprocity. Any motor vehicle, trailer, semitrailer or | ||||||
| 14 | pole trailer need not be registered under this Code provided | ||||||
| 15 | the same is operated interstate and in accordance with the | ||||||
| 16 | following provisions and any rules and regulations promulgated | ||||||
| 17 | pursuant thereto: | ||||||
| 18 | (1) A nonresident owner, except as otherwise provided | ||||||
| 19 | in this Section, owning any foreign registered vehicle of | ||||||
| 20 | a type otherwise subject to registration hereunder, may | ||||||
| 21 | operate or permit the operation of such vehicle within | ||||||
| 22 | this State in interstate commerce without registering such | ||||||
| 23 | vehicle in, or paying any fees to, this State subject to | ||||||
| 24 | the condition that such vehicle at all times when operated | ||||||
| 25 | in this State is operated pursuant to a reciprocity | ||||||
| 26 | agreement, arrangement or declaration by this State, and | ||||||
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| 1 | further subject to the condition that such vehicle at all | ||||||
| 2 | times when operated in this State is duly registered in, | ||||||
| 3 | and displays upon it, a valid registration card and | ||||||
| 4 | registration plate or plates or digital registration plate | ||||||
| 5 | or plates issued for such vehicle in the place of | ||||||
| 6 | residence of such owner and is issued and maintains in | ||||||
| 7 | such vehicle a valid Illinois reciprocity permit as | ||||||
| 8 | required by the Secretary of State, and provided like | ||||||
| 9 | privileges are afforded to residents of this State by the | ||||||
| 10 | State of residence of such owner. | ||||||
| 11 | Every nonresident including any foreign corporation | ||||||
| 12 | carrying on business within this State and owning and | ||||||
| 13 | regularly operating in such business any motor vehicle, | ||||||
| 14 | trailer or semitrailer within this State in intrastate | ||||||
| 15 | commerce, shall be required to register each such vehicle | ||||||
| 16 | and pay the same fees therefor as is required with | ||||||
| 17 | reference to like vehicles owned by residents of this | ||||||
| 18 | State. | ||||||
| 19 | (2) Any motor vehicle, trailer, semitrailer and pole | ||||||
| 20 | trailer operated interstate need not be registered in this | ||||||
| 21 | State, provided: | ||||||
| 22 | (a) that the vehicle is properly registered in | ||||||
| 23 | another State pursuant to law or to a reciprocity | ||||||
| 24 | agreement, arrangement or declaration; or | ||||||
| 25 | (b) that such vehicle is part of a fleet of | ||||||
| 26 | vehicles owned or operated by the same person who | ||||||
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| 1 | registers such fleet of vehicles pro rata among the | ||||||
| 2 | various States in which such fleet operates; or | ||||||
| 3 | (c) that such vehicle is part of a fleet of | ||||||
| 4 | vehicles, a portion of which are registered with the | ||||||
| 5 | Secretary of State of Illinois in accordance with an | ||||||
| 6 | agreement or arrangement concurred in by the Secretary | ||||||
| 7 | of State of Illinois based on one or more of the | ||||||
| 8 | following factors: ratio of miles in Illinois as | ||||||
| 9 | against total miles in all jurisdictions; situs or | ||||||
| 10 | base of a vehicle, or where it is principally garaged, | ||||||
| 11 | or from whence it is principally dispatched or where | ||||||
| 12 | the movements of such vehicle usually originate; situs | ||||||
| 13 | of the residence of the owner or operator thereof, or | ||||||
| 14 | of his principal office or offices, or of his places of | ||||||
| 15 | business; the routes traversed and whether regular or | ||||||
| 16 | irregular routes are traversed, and the jurisdictions | ||||||
| 17 | traversed and served; and such other factors as may be | ||||||
| 18 | deemed material by the Secretary and the motor vehicle | ||||||
| 19 | administrators of the other jurisdictions involved in | ||||||
| 20 | such apportionment. Such vehicles shall maintain | ||||||
| 21 | therein any reciprocity permit which may be required | ||||||
| 22 | by the Secretary of State pursuant to rules and | ||||||
| 23 | regulations which the Secretary of State may | ||||||
| 24 | promulgate in the administration of this Code, in the | ||||||
| 25 | public interest. | ||||||
| 26 | (3)(a) In order to effectuate the purposes of this | ||||||
| |||||||
| |||||||
| 1 | Code, the Secretary of State of Illinois is empowered to | ||||||
| 2 | negotiate and execute written reciprocal agreements or | ||||||
| 3 | arrangements with the duly authorized representatives of | ||||||
| 4 | other jurisdictions, including States, districts, | ||||||
| 5 | territories and possessions of the United States, and | ||||||
| 6 | foreign states, provinces, or countries, granting to | ||||||
| 7 | owners or operators of vehicles duly registered or | ||||||
| 8 | licensed in such other jurisdictions and for which | ||||||
| 9 | evidence of compliance is supplied, benefits, privileges | ||||||
| 10 | and exemption from the payment, wholly or partially, of | ||||||
| 11 | any taxes, fees or other charges imposed with respect to | ||||||
| 12 | the ownership or operation of such vehicles by the laws of | ||||||
| 13 | this State except the tax imposed by the Motor Fuel Tax | ||||||
| 14 | Law, approved March 25, 1929, as amended, and the tax | ||||||
| 15 | imposed by the Use Tax Act, approved July 14, 1955, as | ||||||
| 16 | amended. | ||||||
| 17 | The Secretary of State may negotiate agreements or | ||||||
| 18 | arrangements as are in the best interests of this State | ||||||
| 19 | and the residents of this State pursuant to the policies | ||||||
| 20 | expressed in this Section taking into consideration the | ||||||
| 21 | reciprocal exemptions, benefits and privileges available | ||||||
| 22 | and accruing to residents of this State and vehicles | ||||||
| 23 | registered in this State. | ||||||
| 24 | (b) Such reciprocal agreements or arrangements shall | ||||||
| 25 | provide that vehicles duly registered or licensed in this | ||||||
| 26 | State when operated upon the highways of such other | ||||||
| |||||||
| |||||||
| 1 | jurisdictions, shall receive exemptions, benefits and | ||||||
| 2 | privileges of a similar kind or to a similar degree as | ||||||
| 3 | extended to vehicles from such jurisdictions in this | ||||||
| 4 | State. | ||||||
| 5 | (c) Such agreements or arrangements may also authorize | ||||||
| 6 | the apportionment of registration or licensing of fleets | ||||||
| 7 | of vehicles operated interstate, based on any or all of | ||||||
| 8 | the following factors: ratio of miles in Illinois as | ||||||
| 9 | against total miles in all jurisdictions; situs or base of | ||||||
| 10 | a vehicle, or where it is principally garaged or from | ||||||
| 11 | whence it is principally dispatched or where the movements | ||||||
| 12 | of such vehicle usually originate; situs of the residence | ||||||
| 13 | of the owner or operator thereof, or of his principal | ||||||
| 14 | office or offices, or of his places of business; the | ||||||
| 15 | routes traversed and whether regular or irregular routes | ||||||
| 16 | are traversed, and the jurisdictions traversed and served; | ||||||
| 17 | and such other factors as may be deemed material by the | ||||||
| 18 | Secretary and the motor vehicle administrators of the | ||||||
| 19 | other jurisdictions involved in such apportionment, and | ||||||
| 20 | such vehicles shall likewise be entitled to reciprocal | ||||||
| 21 | exemptions, benefits and privileges. | ||||||
| 22 | (d) Such agreements or arrangements shall also provide | ||||||
| 23 | that vehicles being operated in intrastate commerce in | ||||||
| 24 | Illinois shall comply with the registration and licensing | ||||||
| 25 | laws of this State, except that vehicles which are part of | ||||||
| 26 | an apportioned fleet may conduct an intrastate operation | ||||||
| |||||||
| |||||||
| 1 | incidental to their interstate operations. Any motor | ||||||
| 2 | vehicle properly registered and qualified under any | ||||||
| 3 | reciprocal agreement or arrangement under this Code and | ||||||
| 4 | not having a situs or base within Illinois may complete | ||||||
| 5 | the inbound movement of a trailer or semitrailer to an | ||||||
| 6 | Illinois destination that was brought into Illinois by a | ||||||
| 7 | motor vehicle also properly registered and qualified under | ||||||
| 8 | this Code and not having a situs or base within Illinois, | ||||||
| 9 | or may complete an outbound movement of a trailer or | ||||||
| 10 | semitrailer to an out-of-state destination that was | ||||||
| 11 | originated in Illinois by a motor vehicle also properly | ||||||
| 12 | registered and qualified under this Code and not having a | ||||||
| 13 | situs or base in Illinois, only if the operator thereof | ||||||
| 14 | did not break bulk of the cargo laden in such inbound or | ||||||
| 15 | outbound trailer or semitrailer. Adding or unloading | ||||||
| 16 | intrastate cargo on such inbound or outbound trailer or | ||||||
| 17 | semitrailer shall be deemed as breaking bulk. | ||||||
| 18 | (e) Such agreements or arrangements may also provide | ||||||
| 19 | for the determination of the proper State in which leased | ||||||
| 20 | vehicles shall be registered based on the factors set out | ||||||
| 21 | in subsection (c) above and for apportionment of | ||||||
| 22 | registration of fleets of leased vehicles by the lessee or | ||||||
| 23 | by the lessor who leases such vehicles to persons who are | ||||||
| 24 | not fleet operators. | ||||||
| 25 | (f) Such agreements or arrangements may also include | ||||||
| 26 | reciprocal exemptions, benefits or privileges accruing | ||||||
| |||||||
| |||||||
| 1 | under The Illinois Driver Licensing Law or The Driver | ||||||
| 2 | License Compact. | ||||||
| 3 | (4) The Secretary of State is further authorized to | ||||||
| 4 | examine the laws and requirements of other jurisdictions, | ||||||
| 5 | and, in the absence of a written agreement or arrangement, | ||||||
| 6 | to issue a written declaration of the extent and nature of | ||||||
| 7 | the exemptions, benefits and privileges accorded to | ||||||
| 8 | vehicles of this State by such other jurisdictions, and | ||||||
| 9 | the extent and nature of reciprocal exemptions, benefits | ||||||
| 10 | and privileges thereby accorded by this State to the | ||||||
| 11 | vehicles of such other jurisdictions. A declaration by the | ||||||
| 12 | Secretary of State may include any, part or all reciprocal | ||||||
| 13 | exemptions, benefits and privileges or provisions as may | ||||||
| 14 | be included within an agreement or arrangement. | ||||||
| 15 | (5) All agreements, arrangements, declarations and | ||||||
| 16 | amendments thereto, shall be in writing and become | ||||||
| 17 | effective when signed by the Secretary of State, and | ||||||
| 18 | copies of all such documents shall be available to the | ||||||
| 19 | public upon request. | ||||||
| 20 | (6) The Secretary of State is further authorized to | ||||||
| 21 | require the display by foreign registered trucks, | ||||||
| 22 | truck-tractors and buses, entitled to reciprocal benefits, | ||||||
| 23 | exemptions or privileges hereunder, a reciprocity permit | ||||||
| 24 | for external display before any such reciprocal benefits, | ||||||
| 25 | exemptions or privileges are granted. The Secretary of | ||||||
| 26 | State shall provide suitable application forms for such | ||||||
| |||||||
| |||||||
| 1 | permit and shall promulgate and publish reasonable rules | ||||||
| 2 | and regulations for the administration and enforcement of | ||||||
| 3 | the provisions of this Code including a provision for | ||||||
| 4 | revocation of such permit as to any vehicle operated | ||||||
| 5 | wilfully in violation of the terms of any reciprocal | ||||||
| 6 | agreement, arrangement or declaration or in violation of | ||||||
| 7 | the Illinois Motor Carrier of Property Law, as amended. | ||||||
| 8 | (7)(a) Upon the suspension, revocation or denial of | ||||||
| 9 | one or more of all reciprocal benefits, privileges and | ||||||
| 10 | exemptions existing pursuant to the terms and provisions | ||||||
| 11 | of this Code or by virtue of a reciprocal agreement or | ||||||
| 12 | arrangement or declaration thereunder; or, upon the | ||||||
| 13 | suspension, revocation or denial of a reciprocity permit; | ||||||
| 14 | or, upon any action or inaction of the Secretary in the | ||||||
| 15 | administration and enforcement of the provisions of this | ||||||
| 16 | Code, any person, resident or nonresident, so aggrieved, | ||||||
| 17 | may serve upon the Secretary, a petition in writing and | ||||||
| 18 | under oath, setting forth the grievance of the petitioner, | ||||||
| 19 | the grounds and basis for the relief sought, and all | ||||||
| 20 | necessary facts and particulars, and request an | ||||||
| 21 | administrative hearing thereon. Within 20 days, the | ||||||
| 22 | Secretary shall set a hearing date as early as practical. | ||||||
| 23 | The Secretary may, in his discretion, supply forms for | ||||||
| 24 | such a petition. The Secretary may require the payment of | ||||||
| 25 | a fee of not more than $50 for the filing of any petition, | ||||||
| 26 | motion, or request for hearing conducted pursuant to this | ||||||
| |||||||
| |||||||
| 1 | Section. These fees must be deposited into the Secretary | ||||||
| 2 | of State DUI Administration Fund, a special fund that is | ||||||
| 3 | hereby created in the State treasury, and, subject to | ||||||
| 4 | appropriation and as directed by the Secretary of State, | ||||||
| 5 | shall be used to fund the operation of the hearings | ||||||
| 6 | department of the Office of the Secretary of State and for | ||||||
| 7 | no other purpose. The Secretary shall establish by rule | ||||||
| 8 | the amount and the procedures, terms, and conditions | ||||||
| 9 | relating to these fees. | ||||||
| 10 | (b) The Secretary may likewise, in his discretion and | ||||||
| 11 | upon his own petition, order a hearing, when in his best | ||||||
| 12 | judgment, any person is not entitled to the reciprocal | ||||||
| 13 | benefits, privileges and exemptions existing pursuant to | ||||||
| 14 | the terms and provisions of this Code or under a | ||||||
| 15 | reciprocal agreement or arrangement or declaration | ||||||
| 16 | thereunder or that a vehicle owned or operated by such | ||||||
| 17 | person is improperly registered or licensed, or that an | ||||||
| 18 | Illinois resident has improperly registered or licensed a | ||||||
| 19 | vehicle in another jurisdiction for the purposes of | ||||||
| 20 | violating or avoiding the registration laws of this State. | ||||||
| 21 | (c) The Secretary shall notify a petitioner or any | ||||||
| 22 | other person involved of such a hearing, by giving at | ||||||
| 23 | least 10 days notice, in writing, by U.S. Mail, Registered | ||||||
| 24 | or Certified, or by personal service, at the last known | ||||||
| 25 | address of such petitioner or person, specifying the time | ||||||
| 26 | and place of such hearing. Such hearing shall be held | ||||||
| |||||||
| |||||||
| 1 | before the Secretary, or any person as he may designate, | ||||||
| 2 | and unless the parties mutually agree to some other county | ||||||
| 3 | in Illinois, the hearing shall be held in the County of | ||||||
| 4 | Sangamon or the County of Cook. Appropriate records of the | ||||||
| 5 | hearing shall be kept, and the Secretary shall issue or | ||||||
| 6 | cause to be issued, his decision on the case, within 30 | ||||||
| 7 | days after the close of such hearing or within 30 days | ||||||
| 8 | after receipt of the transcript thereof, and a copy shall | ||||||
| 9 | likewise be served or mailed to the petitioner or person | ||||||
| 10 | involved. | ||||||
| 11 | (d) The actions or inactions or determinations, or | ||||||
| 12 | findings and decisions upon an administrative hearing, of | ||||||
| 13 | the Secretary, shall be subject to judicial review in the | ||||||
| 14 | Circuit Court of the County of Sangamon or the County of | ||||||
| 15 | Cook, and the provisions of the Administrative Review Law, | ||||||
| 16 | and all amendments and modifications thereof and rules | ||||||
| 17 | adopted pursuant thereto, apply to and govern all such | ||||||
| 18 | reviewable matters. | ||||||
| 19 | Any reciprocal agreements or arrangements entered into | ||||||
| 20 | by the Secretary of State or any declarations issued by | ||||||
| 21 | the Secretary of State pursuant to any law in effect prior | ||||||
| 22 | to the effective date of this Code are not hereby | ||||||
| 23 | abrogated, and such shall continue in force and effect | ||||||
| 24 | until amended pursuant to the provisions of this Code or | ||||||
| 25 | expire pursuant to the terms or provisions thereof. | ||||||
| 26 | C. Vehicles purchased out-of-state. A resident of this | ||||||
| |||||||
| |||||||
| 1 | State who purchases a vehicle in another state and transports | ||||||
| 2 | the vehicle to Illinois shall apply for registration and | ||||||
| 3 | certificate of title as soon as practicable, but in no event | ||||||
| 4 | more than 45 days after the purchase of the vehicle. If an | ||||||
| 5 | Illinois motorist who purchased a vehicle from an out-of-state | ||||||
| 6 | licensed dealer is unable to meet the 45-day deadline due to a | ||||||
| 7 | delay in paperwork from the seller, that motorist may obtain | ||||||
| 8 | an Illinois temporary registration plate with: (i) proof of | ||||||
| 9 | purchase; (ii) proof of meeting the Illinois driver's license | ||||||
| 10 | or identification card requirement; and (iii) proof that | ||||||
| 11 | Illinois title and registration fees have been paid. If fees | ||||||
| 12 | have not been paid, the motorist may pay the fees in order to | ||||||
| 13 | obtain the temporary registration plate. The owner of such a | ||||||
| 14 | vehicle shall display any temporary permit or registration | ||||||
| 15 | issued in accordance with Section 3-407. | ||||||
| 16 | (Source: P.A. 103-209, eff. 1-1-24; 103-899, eff. 8-9-24; | ||||||
| 17 | 104-417, eff. 8-15-25.) | ||||||
| 18 | (625 ILCS 5/6-102) (from Ch. 95 1/2, par. 6-102) | ||||||
| 19 | Sec. 6-102. What persons are exempt. The following persons | ||||||
| 20 | are exempt from the requirements of Section 6-101 and are not | ||||||
| 21 | required to have an Illinois drivers license or permit if one | ||||||
| 22 | or more of the following qualifying exemptions are met and | ||||||
| 23 | apply: | ||||||
| 24 | 1. Any employee of the United States Government or any | ||||||
| 25 | member of the Armed Forces of the United States, while | ||||||
| |||||||
| |||||||
| 1 | operating a motor vehicle owned by or leased to the United | ||||||
| 2 | States Government and being operated on official business | ||||||
| 3 | need not be licensed; | ||||||
| 4 | 2. A nonresident who has in his immediate possession a | ||||||
| 5 | valid license issued to him in his home state or country | ||||||
| 6 | may operate a motor vehicle for which he is licensed for | ||||||
| 7 | the period during which he is in this State; | ||||||
| 8 | 3. A nonresident and his spouse and children living | ||||||
| 9 | with him who is a student at a college or university in | ||||||
| 10 | Illinois who have a valid license issued by their home | ||||||
| 11 | State. | ||||||
| 12 | 4. A person operating a road machine temporarily upon | ||||||
| 13 | a highway or operating a farm tractor between the home | ||||||
| 14 | farm buildings and any adjacent or nearby farm land for | ||||||
| 15 | the exclusive purpose of conducting farm operations need | ||||||
| 16 | not be licensed as a driver. | ||||||
| 17 | 5. A resident of this State who has been serving as a | ||||||
| 18 | member or as a civilian employee of the Armed Forces of the | ||||||
| 19 | United States, or as a civilian employee of the United | ||||||
| 20 | States Department of Defense, outside the Continental | ||||||
| 21 | limits of the United States, for a period of 120 days | ||||||
| 22 | following his return to the continental limits of the | ||||||
| 23 | United States. | ||||||
| 24 | 6. A nonresident on active duty in the Armed Forces of | ||||||
| 25 | the United States who has a valid license issued by his | ||||||
| 26 | home state and such nonresident's spouse, and dependent | ||||||
| |||||||
| |||||||
| 1 | children and living with parents, who have a valid license | ||||||
| 2 | issued by their home state. | ||||||
| 3 | 7. A nonresident who becomes a resident of this State, | ||||||
| 4 | may for a period of the first 90 days of residence in | ||||||
| 5 | Illinois operate any motor vehicle which he was qualified | ||||||
| 6 | or licensed to drive by his home state or country so long | ||||||
| 7 | as he has in his possession, a valid and current license | ||||||
| 8 | issued to him by his home state or country. Upon | ||||||
| 9 | expiration of such 90 day period, such new resident must | ||||||
| 10 | comply with the provisions of this Act and apply for an | ||||||
| 11 | Illinois license or permit. | ||||||
| 12 | 8. An engineer, conductor, brakeman, or any other | ||||||
| 13 | member of the crew of a locomotive or train being operated | ||||||
| 14 | upon rails, including operation on a railroad crossing | ||||||
| 15 | over a public street, road or highway. Such person is not | ||||||
| 16 | required to display a driver's license to any law | ||||||
| 17 | enforcement officer in connection with the operation of a | ||||||
| 18 | locomotive or train within this State. | ||||||
| 19 | 9. (Blank). Persons operating low-speed electric | ||||||
| 20 | scooters in accordance with Section 11-1518. | ||||||
| 21 | 10. Persons operating an electric micromobility | ||||||
| 22 | device. | ||||||
| 23 | The provisions of this Section granting exemption to any | ||||||
| 24 | nonresident shall be operative to the same extent that the | ||||||
| 25 | laws of the State or country of such nonresident grant like | ||||||
| 26 | exemption to residents of this State. | ||||||
| |||||||
| |||||||
| 1 | The Secretary of State may implement the exemption | ||||||
| 2 | provisions of this Section by inclusion thereof in a | ||||||
| 3 | reciprocity agreement, arrangement or declaration issued | ||||||
| 4 | pursuant to this Act. | ||||||
| 5 | (Source: P.A. 103-899, eff. 8-9-24.) | ||||||
| 6 | (625 ILCS 5/7-601) (from Ch. 95 1/2, par. 7-601) | ||||||
| 7 | Sec. 7-601. Required liability insurance policy. | ||||||
| 8 | (a) No person shall operate, register or maintain | ||||||
| 9 | registration of, and no owner shall permit another person to | ||||||
| 10 | operate, register or maintain registration of, a motor vehicle | ||||||
| 11 | designed to be used on a public highway in this State unless | ||||||
| 12 | the motor vehicle is covered by a liability insurance policy. | ||||||
| 13 | The insurance policy shall be issued in amounts no less | ||||||
| 14 | than the minimum amounts set for bodily injury or death and for | ||||||
| 15 | destruction of property under Section 7-203 of this Code, and | ||||||
| 16 | shall be issued in accordance with the requirements of | ||||||
| 17 | Sections 143a and 143a-2 of the Illinois Insurance Code, as | ||||||
| 18 | amended. No insurer other than an insurer authorized to do | ||||||
| 19 | business in this State shall issue a policy pursuant to this | ||||||
| 20 | Section for any vehicle subject to registration under this | ||||||
| 21 | Code. Nothing herein shall deprive an insurer of any policy | ||||||
| 22 | defense available at common law. | ||||||
| 23 | (b) The following vehicles are exempt from the | ||||||
| 24 | requirements of this Section: | ||||||
| 25 | (1) vehicles subject to the provisions of Chapters 8 | ||||||
| |||||||
| |||||||
| 1 | or 18a, Article III or Section 7-609 of Chapter 7, or | ||||||
| 2 | Sections 12-606 or 12-707.01 of Chapter 12 of this Code; | ||||||
| 3 | (2) vehicles required to file proof of liability | ||||||
| 4 | insurance with the Illinois Commerce Commission; | ||||||
| 5 | (3) vehicles covered by a certificate of | ||||||
| 6 | self-insurance under Section 7-502 of this Code; | ||||||
| 7 | (4) vehicles owned by the United States, the State of | ||||||
| 8 | Illinois, or any political subdivision, municipality or | ||||||
| 9 | local mass transit district; | ||||||
| 10 | (5) implements of husbandry; | ||||||
| 11 | (6) other vehicles complying with laws which require | ||||||
| 12 | them to be insured in amounts meeting or exceeding the | ||||||
| 13 | minimum amounts required under this Section; and | ||||||
| 14 | (7) inoperable or stored vehicles that are not | ||||||
| 15 | operated, as defined by rules and regulations of the | ||||||
| 16 | Secretary; and . | ||||||
| 17 | (8) electric micromobility devices. | ||||||
| 18 | (c) Every employee of a State agency, as that term is | ||||||
| 19 | defined in the Illinois State Auditing Act, who is assigned a | ||||||
| 20 | specific vehicle owned or leased by the State on an ongoing | ||||||
| 21 | basis shall provide the certification described in this | ||||||
| 22 | Section annually to the director or chief executive officer of | ||||||
| 23 | his or her agency. | ||||||
| 24 | The certification shall affirm that the employee is duly | ||||||
| 25 | licensed to drive the assigned vehicle and that (i) the | ||||||
| 26 | employee has liability insurance coverage extending to the | ||||||
| |||||||
| |||||||
| 1 | employee when the assigned vehicle is used for other than | ||||||
| 2 | official State business, or (ii) the employee has filed a bond | ||||||
| 3 | with the Secretary of State as proof of financial | ||||||
| 4 | responsibility, in an amount equal to, or in excess of the | ||||||
| 5 | requirements stated within this Section. Upon request of the | ||||||
| 6 | agency director or chief executive officer, the employee shall | ||||||
| 7 | present evidence to support the certification. | ||||||
| 8 | The certification shall be provided during the period July | ||||||
| 9 | 1 through July 31 of each calendar year, or within 30 days of | ||||||
| 10 | any new assignment of a vehicle on an ongoing basis, whichever | ||||||
| 11 | is later. | ||||||
| 12 | The employee's authorization to use the assigned vehicle | ||||||
| 13 | shall automatically be rescinded upon: | ||||||
| 14 | (1) the revocation or suspension of the license | ||||||
| 15 | required to drive the assigned vehicle; | ||||||
| 16 | (2) the cancellation or termination for any reason of | ||||||
| 17 | the automobile liability insurance coverage as required in | ||||||
| 18 | item (c)(i); or | ||||||
| 19 | (3) the termination of the bond filed with the | ||||||
| 20 | Secretary of State. | ||||||
| 21 | All State employees providing the required certification | ||||||
| 22 | shall immediately notify the agency director or chief | ||||||
| 23 | executive officer in the event any of these actions occur. | ||||||
| 24 | All peace officers employed by a State agency who are | ||||||
| 25 | primarily responsible for prevention and detection of crime | ||||||
| 26 | and the enforcement of the criminal, traffic, or highway laws | ||||||
| |||||||
| |||||||
| 1 | of this State, and prohibited by agency rule or policy to use | ||||||
| 2 | an assigned vehicle owned or leased by the State for regular | ||||||
| 3 | personal or off-duty use, are exempt from the requirements of | ||||||
| 4 | this Section. | ||||||
| 5 | (d) No person shall operate a motor vehicle registered in | ||||||
| 6 | another state upon the highways of this State unless the | ||||||
| 7 | vehicle is covered by a liability insurance policy. The | ||||||
| 8 | operator of the vehicle shall carry within the vehicle | ||||||
| 9 | evidence of the insurance. | ||||||
| 10 | (Source: P.A. 100-202, eff. 1-1-18; 100-828, eff. 1-1-19.) | ||||||
| 11 | (625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208) | ||||||
| 12 | Sec. 11-208. Powers of local authorities. | ||||||
| 13 | (a) The provisions of this Code shall not be deemed to | ||||||
| 14 | prevent local authorities with respect to streets and highways | ||||||
| 15 | under their jurisdiction and within the reasonable exercise of | ||||||
| 16 | the police power from: | ||||||
| 17 | 1. Regulating the standing or parking of vehicles, | ||||||
| 18 | except as limited by Sections 11-1306 and 11-1307 of this | ||||||
| 19 | Act; | ||||||
| 20 | 2. Regulating traffic by means of police officers or | ||||||
| 21 | traffic control signals; | ||||||
| 22 | 3. Regulating or prohibiting processions or | ||||||
| 23 | assemblages on the highways; and certifying persons to | ||||||
| 24 | control traffic for processions or assemblages; | ||||||
| 25 | 4. Designating particular highways as one-way highways | ||||||
| |||||||
| |||||||
| 1 | and requiring that all vehicles thereon be moved in one | ||||||
| 2 | specific direction; | ||||||
| 3 | 5. Regulating the speed of vehicles in public parks | ||||||
| 4 | subject to the limitations set forth in Section 11-604; | ||||||
| 5 | 6. Designating any highway as a through highway, as | ||||||
| 6 | authorized in Section 11-302, and requiring that all | ||||||
| 7 | vehicles stop before entering or crossing the same or | ||||||
| 8 | designating any intersection as a stop intersection or a | ||||||
| 9 | yield right-of-way intersection and requiring all vehicles | ||||||
| 10 | to stop or yield the right-of-way at one or more entrances | ||||||
| 11 | to such intersections; | ||||||
| 12 | 7. Restricting the use of highways as authorized in | ||||||
| 13 | Chapter 15; | ||||||
| 14 | 8. Regulating the operation of mobile carrying devices | ||||||
| 15 | and , bicycles, low-speed electric bicycles, and low-speed | ||||||
| 16 | gas bicycles, and requiring the registration and licensing | ||||||
| 17 | of same, including the requirement of a registration fee; | ||||||
| 18 | 9. Regulating or prohibiting the turning of vehicles | ||||||
| 19 | or specified types of vehicles at intersections; | ||||||
| 20 | 10. Altering the speed limits as authorized in Section | ||||||
| 21 | 11-604; | ||||||
| 22 | 11. Prohibiting U-turns; | ||||||
| 23 | 12. Prohibiting pedestrian crossings at other than | ||||||
| 24 | designated and marked crosswalks or at intersections; | ||||||
| 25 | 13. Prohibiting parking during snow removal operation; | ||||||
| 26 | 14. Imposing fines in accordance with Section | ||||||
| |||||||
| |||||||
| 1 | 11-1301.3 as penalties for use of any parking place | ||||||
| 2 | reserved for persons with disabilities, as defined by | ||||||
| 3 | Section 1-159.1, or veterans with disabilities by any | ||||||
| 4 | person using a motor vehicle not bearing registration | ||||||
| 5 | plates specified in Section 11-1301.1 or a special decal | ||||||
| 6 | or device as defined in Section 11-1301.2 as evidence that | ||||||
| 7 | the vehicle is operated by or for a person with | ||||||
| 8 | disabilities or a veteran with a disability; | ||||||
| 9 | 15. Adopting such other traffic regulations as are | ||||||
| 10 | specifically authorized by this Code; or | ||||||
| 11 | 16. Enforcing the provisions of subsection (f) of | ||||||
| 12 | Section 3-413 of this Code or a similar local ordinance. | ||||||
| 13 | (b) No ordinance or regulation enacted under paragraph 1, | ||||||
| 14 | 4, 5, 6, 7, 9, 10, 11 or 13 of subsection (a) shall be | ||||||
| 15 | effective until signs giving reasonable notice of such local | ||||||
| 16 | traffic regulations are posted. | ||||||
| 17 | (c) The provisions of this Code shall not prevent any | ||||||
| 18 | municipality having a population of 500,000 or more | ||||||
| 19 | inhabitants from prohibiting any person from driving or | ||||||
| 20 | operating any motor vehicle upon the roadways of such | ||||||
| 21 | municipality with headlamps on high beam or bright. | ||||||
| 22 | (d) The provisions of this Code shall not be deemed to | ||||||
| 23 | prevent local authorities within the reasonable exercise of | ||||||
| 24 | their police power from prohibiting, on private property, the | ||||||
| 25 | unauthorized use of parking spaces reserved for persons with | ||||||
| 26 | disabilities. | ||||||
| |||||||
| |||||||
| 1 | (e) No unit of local government, including a home rule | ||||||
| 2 | unit, may enact or enforce an ordinance that applies only to | ||||||
| 3 | motorcycles if the principal purpose for that ordinance is to | ||||||
| 4 | restrict the access of motorcycles to any highway or portion | ||||||
| 5 | of a highway for which federal or State funds have been used | ||||||
| 6 | for the planning, design, construction, or maintenance of that | ||||||
| 7 | highway. No unit of local government, including a home rule | ||||||
| 8 | unit, may enact an ordinance requiring motorcycle users to | ||||||
| 9 | wear protective headgear. Nothing in this subsection (e) shall | ||||||
| 10 | affect the authority of a unit of local government to regulate | ||||||
| 11 | motorcycles for traffic control purposes or in accordance with | ||||||
| 12 | Section 12-602 of this Code. No unit of local government, | ||||||
| 13 | including a home rule unit, may regulate motorcycles in a | ||||||
| 14 | manner inconsistent with this Code. This subsection (e) is a | ||||||
| 15 | limitation under subsection (i) of Section 6 of Article VII of | ||||||
| 16 | the Illinois Constitution on the concurrent exercise by home | ||||||
| 17 | rule units of powers and functions exercised by the State. | ||||||
| 18 | (e-5) The City of Chicago may enact an ordinance providing | ||||||
| 19 | for a noise monitoring system upon any portion of the roadway | ||||||
| 20 | known as Lake Shore Drive. Twelve months after the | ||||||
| 21 | installation of the noise monitoring system, and any time | ||||||
| 22 | after the first report as the City deems necessary, the City of | ||||||
| 23 | Chicago shall prepare a noise monitoring report with the data | ||||||
| 24 | collected from the system and shall, upon request, make the | ||||||
| 25 | report available to the public. For purposes of this | ||||||
| 26 | subsection (e-5), "noise monitoring system" means an automated | ||||||
| |||||||
| |||||||
| 1 | noise monitor capable of recording noise levels 24 hours per | ||||||
| 2 | day and 365 days per year with computer equipment sufficient | ||||||
| 3 | to process the data. | ||||||
| 4 | (e-10) A unit of local government, including a home rule | ||||||
| 5 | unit, may not enact an ordinance prohibiting the use of | ||||||
| 6 | Automated Driving System equipped vehicles on its roadways. | ||||||
| 7 | Nothing in this subsection (e-10) shall affect the authority | ||||||
| 8 | of a unit of local government to regulate Automated Driving | ||||||
| 9 | System equipped vehicles for traffic control purposes. No unit | ||||||
| 10 | of local government, including a home rule unit, may regulate | ||||||
| 11 | Automated Driving System equipped vehicles in a manner | ||||||
| 12 | inconsistent with this Code. For purposes of this subsection | ||||||
| 13 | (e-10), "Automated Driving System equipped vehicle" means any | ||||||
| 14 | vehicle equipped with an Automated Driving System of hardware | ||||||
| 15 | and software that are collectively capable of performing the | ||||||
| 16 | entire dynamic driving task on a sustained basis, regardless | ||||||
| 17 | of whether it is limited to a specific operational domain. | ||||||
| 18 | This subsection (e-10) is a limitation under subsection (i) of | ||||||
| 19 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
| 20 | concurrent exercise by home rule units of powers and functions | ||||||
| 21 | exercised by the State. | ||||||
| 22 | (f) A municipality or county designated in Section | ||||||
| 23 | 11-208.6 may enact an ordinance providing for an automated | ||||||
| 24 | traffic law enforcement system to enforce violations of this | ||||||
| 25 | Code or a similar provision of a local ordinance and imposing | ||||||
| 26 | liability on a registered owner or lessee of a vehicle used in | ||||||
| |||||||
| |||||||
| 1 | such a violation. | ||||||
| 2 | (g) A municipality or county, as provided in Section | ||||||
| 3 | 11-1201.1, may enact an ordinance providing for an automated | ||||||
| 4 | traffic law enforcement system to enforce violations of | ||||||
| 5 | Section 11-1201 of this Code or a similar provision of a local | ||||||
| 6 | ordinance and imposing liability on a registered owner of a | ||||||
| 7 | vehicle used in such a violation. | ||||||
| 8 | (h) A municipality designated in Section 11-208.8 may | ||||||
| 9 | enact an ordinance providing for an automated speed | ||||||
| 10 | enforcement system to enforce violations of Article VI of | ||||||
| 11 | Chapter 11 of this Code or a similar provision of a local | ||||||
| 12 | ordinance. | ||||||
| 13 | (i) A municipality or county designated in Section | ||||||
| 14 | 11-208.9 may enact an ordinance providing for an automated | ||||||
| 15 | traffic law enforcement system to enforce violations of | ||||||
| 16 | Section 11-1414 of this Code or a similar provision of a local | ||||||
| 17 | ordinance and imposing liability on a registered owner or | ||||||
| 18 | lessee of a vehicle used in such a violation. | ||||||
| 19 | (Source: P.A. 100-209, eff. 1-1-18; 100-257, eff. 8-22-17; | ||||||
| 20 | 100-352, eff. 6-1-18; 100-863, eff. 8-14-18; 101-123, eff. | ||||||
| 21 | 7-26-19.) | ||||||
| 22 | (625 ILCS 5/11-317 new) | ||||||
| 23 | Sec. 11-317. Motor driven cycle prohibition signage. On | ||||||
| 24 | any highway, 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 which use of motor | ||||||
| 3 | driven cycles has been prohibited under Section 11-1403.4, the | ||||||
| 4 | State or local government entity having jurisdiction shall | ||||||
| 5 | erect permanent signage that notifies users that operation of | ||||||
| 6 | motor driven cycles is strictly prohibited. | ||||||
| 7 | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | ||||||
| 8 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
| 9 | other drug or drugs, intoxicating compound or compounds or any | ||||||
| 10 | combination thereof. | ||||||
| 11 | (a) A person shall not drive or be in actual physical | ||||||
| 12 | control of any vehicle within this State while: | ||||||
| 13 | (1) the alcohol concentration in the person's blood, | ||||||
| 14 | other bodily substance, or breath is 0.08 or more based on | ||||||
| 15 | the definition of blood and breath units in Section | ||||||
| 16 | 11-501.2; | ||||||
| 17 | (2) under the influence of alcohol; | ||||||
| 18 | (3) under the influence of any intoxicating compound | ||||||
| 19 | or combination of intoxicating compounds to a degree that | ||||||
| 20 | renders the person incapable of driving safely; | ||||||
| 21 | (4) under the influence of any other drug or | ||||||
| 22 | combination of drugs to a degree that renders the person | ||||||
| 23 | incapable of safely driving; | ||||||
| 24 | (5) under the combined influence of alcohol, other | ||||||
| 25 | drug or drugs, or intoxicating compound or compounds to a | ||||||
| |||||||
| |||||||
| 1 | degree that renders the person incapable of safely | ||||||
| 2 | driving; | ||||||
| 3 | (6) there is any amount of a drug, substance, or | ||||||
| 4 | compound in the person's breath, blood, other bodily | ||||||
| 5 | substance, or urine resulting from the unlawful use or | ||||||
| 6 | consumption of a controlled substance listed in the | ||||||
| 7 | Illinois Controlled Substances Act, an intoxicating | ||||||
| 8 | compound listed in the Use of Intoxicating Compounds Act, | ||||||
| 9 | or methamphetamine as listed in the Methamphetamine | ||||||
| 10 | Control and Community Protection Act; or | ||||||
| 11 | (7) the person has, within 2 hours of driving or being | ||||||
| 12 | in actual physical control of a vehicle, a | ||||||
| 13 | tetrahydrocannabinol concentration in the person's whole | ||||||
| 14 | blood or other bodily substance as defined in paragraph 6 | ||||||
| 15 | of subsection (a) of Section 11-501.2 of this Code. | ||||||
| 16 | Subject to all other requirements and provisions under | ||||||
| 17 | this Section, this paragraph (7) does not apply to the | ||||||
| 18 | lawful consumption of cannabis by a qualifying patient | ||||||
| 19 | licensed under the Compassionate Use of Medical Cannabis | ||||||
| 20 | Program Act who is in possession of a valid registry card | ||||||
| 21 | issued under that Act, unless that person is impaired by | ||||||
| 22 | the use of cannabis. | ||||||
| 23 | (a-5) The requirements of this Section also apply to | ||||||
| 24 | low-speed electric bicycles and low-speed gas bicycles that | ||||||
| 25 | are operated by a person who is under the influence of alcohol, | ||||||
| 26 | other drug or drugs, intoxicating compound or compounds or any | ||||||
| |||||||
| |||||||
| 1 | combination thereof. | ||||||
| 2 | (b) The fact that any person charged with violating this | ||||||
| 3 | Section is or has been legally entitled to use alcohol, | ||||||
| 4 | cannabis under the Compassionate Use of Medical Cannabis | ||||||
| 5 | Program Act, other drug or drugs, or intoxicating compound or | ||||||
| 6 | compounds, or any combination thereof, shall not constitute a | ||||||
| 7 | defense against any charge of violating this Section. | ||||||
| 8 | (c) Penalties. | ||||||
| 9 | (1) Except as otherwise provided in this Section, any | ||||||
| 10 | person convicted of violating subsection (a) of this | ||||||
| 11 | Section is guilty of a Class A misdemeanor. | ||||||
| 12 | (2) A person who violates subsection (a) or a similar | ||||||
| 13 | provision a second time shall be sentenced to a mandatory | ||||||
| 14 | minimum term of either 5 days of imprisonment or 240 hours | ||||||
| 15 | of community service in addition to any other criminal or | ||||||
| 16 | administrative sanction. | ||||||
| 17 | (3) A person who violates subsection (a) is subject to | ||||||
| 18 | 6 months of imprisonment, an additional mandatory minimum | ||||||
| 19 | fine of $1,000, and 25 days of community service in a | ||||||
| 20 | program benefiting children if the person was transporting | ||||||
| 21 | a person under the age of 16 at the time of the violation. | ||||||
| 22 | (4) A person who violates subsection (a) a first time, | ||||||
| 23 | if the alcohol concentration in his or her blood, breath, | ||||||
| 24 | other bodily substance, or urine was 0.16 or more based on | ||||||
| 25 | the definition of blood, breath, other bodily substance, | ||||||
| 26 | or urine units in Section 11-501.2, shall be subject, in | ||||||
| |||||||
| |||||||
| 1 | addition to any other penalty that may be imposed, to a | ||||||
| 2 | mandatory minimum of 100 hours of community service and a | ||||||
| 3 | mandatory minimum fine of $500. | ||||||
| 4 | (5) A person who violates subsection (a) a second | ||||||
| 5 | time, if at the time of the second violation the alcohol | ||||||
| 6 | concentration in his or her blood, breath, other bodily | ||||||
| 7 | substance, or urine was 0.16 or more based on the | ||||||
| 8 | definition of blood, breath, other bodily substance, or | ||||||
| 9 | urine units in Section 11-501.2, shall be subject, in | ||||||
| 10 | addition to any other penalty that may be imposed, to a | ||||||
| 11 | mandatory minimum of 2 days of imprisonment and a | ||||||
| 12 | mandatory minimum fine of $1,250. | ||||||
| 13 | (d) Aggravated driving under the influence of alcohol, | ||||||
| 14 | other drug or drugs, or intoxicating compound or compounds, or | ||||||
| 15 | any combination thereof. | ||||||
| 16 | (1) Every person convicted of committing a violation | ||||||
| 17 | of this Section shall be guilty of aggravated driving | ||||||
| 18 | under the influence of alcohol, other drug or drugs, or | ||||||
| 19 | intoxicating compound or compounds, or any combination | ||||||
| 20 | thereof if: | ||||||
| 21 | (A) the person committed a violation of subsection | ||||||
| 22 | (a) or a similar provision for the third or subsequent | ||||||
| 23 | time; | ||||||
| 24 | (B) the person committed a violation of subsection | ||||||
| 25 | (a) while driving a school bus with one or more | ||||||
| 26 | passengers on board; | ||||||
| |||||||
| |||||||
| 1 | (C) the person in committing a violation of | ||||||
| 2 | subsection (a) was involved in a motor vehicle crash | ||||||
| 3 | that resulted in great bodily harm or permanent | ||||||
| 4 | disability or disfigurement to another, when the | ||||||
| 5 | violation was a proximate cause of the injuries; | ||||||
| 6 | (D) the person committed a violation of subsection | ||||||
| 7 | (a) and has been previously convicted of violating | ||||||
| 8 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
| 9 | Criminal Code of 2012 or a similar provision of a law | ||||||
| 10 | of another state relating to reckless homicide in | ||||||
| 11 | which the person was determined to have been under the | ||||||
| 12 | influence of alcohol, other drug or drugs, or | ||||||
| 13 | intoxicating compound or compounds as an element of | ||||||
| 14 | the offense or the person has previously been | ||||||
| 15 | convicted under subparagraph (C) or subparagraph (F) | ||||||
| 16 | of this paragraph (1); | ||||||
| 17 | (E) the person, in committing a violation of | ||||||
| 18 | subsection (a) while driving at any speed in a school | ||||||
| 19 | speed zone at a time when a speed limit of 20 miles per | ||||||
| 20 | hour was in effect under subsection (a) of Section | ||||||
| 21 | 11-605 of this Code, was involved in a motor vehicle | ||||||
| 22 | crash that resulted in bodily harm, other than great | ||||||
| 23 | bodily harm or permanent disability or disfigurement, | ||||||
| 24 | to another person, when the violation of subsection | ||||||
| 25 | (a) was a proximate cause of the bodily harm; | ||||||
| 26 | (F) the person, in committing a violation of | ||||||
| |||||||
| |||||||
| 1 | subsection (a), was involved in a motor vehicle crash | ||||||
| 2 | or snowmobile, all-terrain vehicle, or watercraft | ||||||
| 3 | accident that resulted in the death of another person, | ||||||
| 4 | when the violation of subsection (a) was a proximate | ||||||
| 5 | cause of the death; | ||||||
| 6 | (G) the person committed a violation of subsection | ||||||
| 7 | (a) during a period in which the defendant's driving | ||||||
| 8 | privileges are revoked or suspended, where the | ||||||
| 9 | revocation or suspension was for a violation of | ||||||
| 10 | subsection (a) or a similar provision, Section | ||||||
| 11 | 11-501.1, paragraph (b) of Section 11-401, or for | ||||||
| 12 | reckless homicide as defined in Section 9-3 of the | ||||||
| 13 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
| 14 | (H) the person committed the violation while he or | ||||||
| 15 | she did not possess a driver's license or permit or a | ||||||
| 16 | restricted driving permit or a judicial driving permit | ||||||
| 17 | or a monitoring device driving permit; | ||||||
| 18 | (I) the person committed the violation while he or | ||||||
| 19 | she knew or should have known that the vehicle he or | ||||||
| 20 | she was driving was not covered by a liability | ||||||
| 21 | insurance policy; | ||||||
| 22 | (J) the person in committing a violation of | ||||||
| 23 | subsection (a) was involved in a motor vehicle crash | ||||||
| 24 | that resulted in bodily harm, but not great bodily | ||||||
| 25 | harm, to the child under the age of 16 being | ||||||
| 26 | transported by the person, if the violation was the | ||||||
| |||||||
| |||||||
| 1 | proximate cause of the injury; | ||||||
| 2 | (K) the person in committing a second violation of | ||||||
| 3 | subsection (a) or a similar provision was transporting | ||||||
| 4 | a person under the age of 16; or | ||||||
| 5 | (L) the person committed a violation of subsection | ||||||
| 6 | (a) of this Section while transporting one or more | ||||||
| 7 | passengers in a vehicle for-hire. | ||||||
| 8 | (2)(A) Except as provided otherwise, a person | ||||||
| 9 | convicted of aggravated driving under the influence of | ||||||
| 10 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
| 11 | compounds, or any combination thereof is guilty of a Class | ||||||
| 12 | 4 felony. | ||||||
| 13 | (B) A third violation of this Section or a similar | ||||||
| 14 | provision is a Class 2 felony. If at the time of the third | ||||||
| 15 | violation the alcohol concentration in his or her blood, | ||||||
| 16 | breath, other bodily substance, or urine was 0.16 or more | ||||||
| 17 | based on the definition of blood, breath, other bodily | ||||||
| 18 | substance, or urine units in Section 11-501.2, a mandatory | ||||||
| 19 | minimum of 90 days of imprisonment and a mandatory minimum | ||||||
| 20 | fine of $2,500 shall be imposed in addition to any other | ||||||
| 21 | criminal or administrative sanction. If at the time of the | ||||||
| 22 | third violation, the defendant was transporting a person | ||||||
| 23 | under the age of 16, a mandatory fine of $25,000 and 25 | ||||||
| 24 | days of community service in a program benefiting children | ||||||
| 25 | shall be imposed in addition to any other criminal or | ||||||
| 26 | administrative sanction. | ||||||
| |||||||
| |||||||
| 1 | (C) A fourth violation of this Section or a similar | ||||||
| 2 | provision is a Class 2 felony, for which a sentence of | ||||||
| 3 | probation or conditional discharge may not be imposed. If | ||||||
| 4 | at the time of the violation, the alcohol concentration in | ||||||
| 5 | the defendant's blood, breath, other bodily substance, or | ||||||
| 6 | urine was 0.16 or more based on the definition of blood, | ||||||
| 7 | breath, other bodily substance, or urine units in Section | ||||||
| 8 | 11-501.2, a mandatory minimum fine of $5,000 shall be | ||||||
| 9 | imposed in addition to any other criminal or | ||||||
| 10 | administrative sanction. If at the time of the fourth | ||||||
| 11 | violation, the defendant was transporting a person under | ||||||
| 12 | the age of 16 a mandatory fine of $25,000 and 25 days of | ||||||
| 13 | community service in a program benefiting children shall | ||||||
| 14 | be imposed in addition to any other criminal or | ||||||
| 15 | administrative sanction. | ||||||
| 16 | (D) A fifth violation of this Section or a similar | ||||||
| 17 | provision is a Class 1 felony, for which a sentence of | ||||||
| 18 | probation or conditional discharge may not be imposed. If | ||||||
| 19 | at the time of the violation, the alcohol concentration in | ||||||
| 20 | the defendant's blood, breath, other bodily substance, or | ||||||
| 21 | urine was 0.16 or more based on the definition of blood, | ||||||
| 22 | breath, other bodily substance, or urine units in Section | ||||||
| 23 | 11-501.2, a mandatory minimum fine of $5,000 shall be | ||||||
| 24 | imposed in addition to any other criminal or | ||||||
| 25 | administrative sanction. If at the time of the fifth | ||||||
| 26 | violation, the defendant was transporting a person under | ||||||
| |||||||
| |||||||
| 1 | the age of 16, a mandatory fine of $25,000, and 25 days of | ||||||
| 2 | community service in a program benefiting children shall | ||||||
| 3 | be imposed in addition to any other criminal or | ||||||
| 4 | administrative sanction. | ||||||
| 5 | (E) A sixth or subsequent violation of this Section or | ||||||
| 6 | similar provision is a Class X felony. If at the time of | ||||||
| 7 | the violation, the alcohol concentration in the | ||||||
| 8 | 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 violation, | ||||||
| 14 | the defendant was transporting a person under the age of | ||||||
| 15 | 16, a mandatory fine of $25,000 and 25 days of community | ||||||
| 16 | service in a program benefiting children shall be imposed | ||||||
| 17 | in addition to any other criminal or administrative | ||||||
| 18 | sanction. | ||||||
| 19 | (F) For a violation of subparagraph (C) of paragraph | ||||||
| 20 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
| 21 | a term of imprisonment, shall be sentenced to not less | ||||||
| 22 | than one year nor more than 12 years. | ||||||
| 23 | (G) A violation of subparagraph (F) of paragraph (1) | ||||||
| 24 | of this subsection (d) is a Class 2 felony, for which the | ||||||
| 25 | defendant, unless the court determines that extraordinary | ||||||
| 26 | circumstances exist and require probation, shall be | ||||||
| |||||||
| |||||||
| 1 | sentenced to: (i) a term of imprisonment of not less than 3 | ||||||
| 2 | years and not more than 14 years if the violation resulted | ||||||
| 3 | in the death of one person; or (ii) a term of imprisonment | ||||||
| 4 | of not less than 6 years and not more than 28 years if the | ||||||
| 5 | violation resulted in the deaths of 2 or more persons. | ||||||
| 6 | (H) For a violation of subparagraph (J) of paragraph | ||||||
| 7 | (1) of this subsection (d), a mandatory fine of $2,500, | ||||||
| 8 | and 25 days of community service in a program benefiting | ||||||
| 9 | children shall be imposed in addition to any other | ||||||
| 10 | criminal or administrative sanction. | ||||||
| 11 | (I) A violation of subparagraph (K) of paragraph (1) | ||||||
| 12 | of this subsection (d), is a Class 2 felony and a mandatory | ||||||
| 13 | fine of $2,500, and 25 days of community service in a | ||||||
| 14 | program benefiting children shall be imposed in addition | ||||||
| 15 | to any other criminal or administrative sanction. If the | ||||||
| 16 | child being transported suffered bodily harm, but not | ||||||
| 17 | great bodily harm, in a motor vehicle crash, and the | ||||||
| 18 | violation was the proximate cause of that injury, a | ||||||
| 19 | mandatory fine of $5,000 and 25 days of community service | ||||||
| 20 | in a program benefiting children shall be imposed in | ||||||
| 21 | addition to any other criminal or administrative sanction. | ||||||
| 22 | (J) A violation of subparagraph (D) of paragraph (1) | ||||||
| 23 | of this subsection (d) is a Class 3 felony, for which a | ||||||
| 24 | sentence of probation or conditional discharge may not be | ||||||
| 25 | imposed. | ||||||
| 26 | (3) Any person sentenced under this subsection (d) who | ||||||
| |||||||
| |||||||
| 1 | receives a term of probation or conditional discharge must | ||||||
| 2 | serve a minimum term of either 480 hours of community | ||||||
| 3 | service or 10 days of imprisonment as a condition of the | ||||||
| 4 | probation or conditional discharge in addition to any | ||||||
| 5 | other criminal or administrative sanction. | ||||||
| 6 | (e) Any reference to a prior violation of subsection (a) | ||||||
| 7 | or a similar provision includes any violation of a provision | ||||||
| 8 | of a local ordinance or a provision of a law of another state | ||||||
| 9 | or an offense committed on a military installation that is | ||||||
| 10 | similar to a violation of subsection (a) of this Section. | ||||||
| 11 | (f) The imposition of a mandatory term of imprisonment or | ||||||
| 12 | assignment of community service for a violation of this | ||||||
| 13 | Section shall not be suspended or reduced by the court. | ||||||
| 14 | (g) Any penalty imposed for driving with a license that | ||||||
| 15 | has been revoked for a previous violation of subsection (a) of | ||||||
| 16 | this Section shall be in addition to the penalty imposed for | ||||||
| 17 | any subsequent violation of subsection (a). | ||||||
| 18 | (h) For any prosecution under this Section, a certified | ||||||
| 19 | copy of the driving abstract of the defendant shall be | ||||||
| 20 | admitted as proof of any prior conviction. | ||||||
| 21 | (Source: P.A. 101-363, eff. 8-9-19; 102-982, eff. 7-1-23.) | ||||||
| 22 | (625 ILCS 5/11-1008.5 new) | ||||||
| 23 | Sec. 11-1008.5. Toy vehicles. Toy vehicles shall only be | ||||||
| 24 | operated on sidewalks and paths designated for bicycles. Every | ||||||
| 25 | person operating a toy vehicle upon a sidewalk or bicycle path | ||||||
| |||||||
| |||||||
| 1 | shall be granted all the rights and shall be subject to all the | ||||||
| 2 | duties applicable to a pedestrian. The driver of a vehicle | ||||||
| 3 | shall yield the right-of-way to any person operating a toy | ||||||
| 4 | vehicle. The use of toy vehicles on property owned, managed, | ||||||
| 5 | or leased by any municipality, park district, forest preserve | ||||||
| 6 | district, or conservation district is allowed, unless | ||||||
| 7 | specifically prohibited in an ordinance or resolution adopted | ||||||
| 8 | by the municipality, park district, forest preserve district, | ||||||
| 9 | or conservation district. The Department of Natural Resources | ||||||
| 10 | is authorized to adopt administrative rules for the regulation | ||||||
| 11 | of toy vehicles on any and all properties owned, managed, or | ||||||
| 12 | leased by the Department of Natural Resources. No person shall | ||||||
| 13 | knowingly tamper with or modify the speed capability or | ||||||
| 14 | engagement of a toy vehicle beyond the original speed | ||||||
| 15 | capabilities of the device. | ||||||
| 16 | No unit of local government, including a home rule unit, | ||||||
| 17 | may regulate toy vehicles in a manner that is less restrictive | ||||||
| 18 | than this Section. This paragraph is a limitation under | ||||||
| 19 | subsection (i) of Section 6 of Article VII of the Illinois | ||||||
| 20 | Constitution on the concurrent exercise by home rule units of | ||||||
| 21 | powers and functions exercised by the State. | ||||||
| 22 | (625 ILCS 5/11-1403.4 new) | ||||||
| 23 | Sec. 11-1403.4. Operation of motor driven cycles. | ||||||
| 24 | (a) Except as otherwise provided in this Section, a person | ||||||
| 25 | may operate a motor driven cycle upon any public highway, | ||||||
| |||||||
| |||||||
| 1 | street, or roadway in this State. | ||||||
| 2 | (b) Motor driven cycles shall not be operated on any | ||||||
| 3 | sidewalk, bicycle lane, bicycle path, shared-use path, | ||||||
| 4 | off-road bicycle trail or natural surface trail designated for | ||||||
| 5 | bicycle use, or any other bicycle-specific facility | ||||||
| 6 | established under State or local law. For purposes of this | ||||||
| 7 | subsection, "shared-use path" means any paved, off-street | ||||||
| 8 | travel way designed to serve non-motorized vehicles and | ||||||
| 9 | travelers. | ||||||
| 10 | (c) Motor driven cycles shall not be operated upon | ||||||
| 11 | interstate highways or upon public highways divided by a grass | ||||||
| 12 | or concrete median or highways with speed limits in excess of | ||||||
| 13 | 55 miles per hour or upon any public land where expressly | ||||||
| 14 | prohibited by the State governing body, department, or agency | ||||||
| 15 | having jurisdiction thereof. | ||||||
| 16 | (d) No person shall operate a motor driven cycle unless | ||||||
| 17 | that person is in possession of a valid driver's license. | ||||||
| 18 | Pursuant to Section 6-107.1, the Secretary may issue an | ||||||
| 19 | instruction permit to a person 16 or 17 years of age that | ||||||
| 20 | entitles the holder to drive upon the highways during daylight | ||||||
| 21 | under direct supervision of a licensed motor driven cycle | ||||||
| 22 | operator 21 years of age or older who has a license | ||||||
| 23 | classification to operate such motor driven cycle and at least | ||||||
| 24 | one year of driving experience. | ||||||
| 25 | (e) A person may not operate a motor driven cycle while | ||||||
| 26 | carrying a passenger unless that motor driven cycle was | ||||||
| |||||||
| |||||||
| 1 | manufactured to carry a passenger. | ||||||
| 2 | (f) A motor driven cycle manufactured to accommodate | ||||||
| 3 | passengers may not be operated by a person under the age of 18 | ||||||
| 4 | while transporting a passenger unless the passenger is a | ||||||
| 5 | sibling, stepsibling, child, or stepchild of the operator. | ||||||
| 6 | (g) Each motor driven cycle shall be equipped with a | ||||||
| 7 | speedometer that displays the speed of travel in miles per | ||||||
| 8 | hour. Each motor driven cycle shall also be equipped with or | ||||||
| 9 | display a vehicle identification number and conform with all | ||||||
| 10 | federal vehicle safety standards as well as meet all | ||||||
| 11 | applicable equipment requirements specified in this Article | ||||||
| 12 | and Chapter 12. No person shall knowingly tamper with or | ||||||
| 13 | modify the speed capability or engagement of a motor driven | ||||||
| 14 | cycle beyond its originally intended capability. | ||||||
| 15 | (h) Except as otherwise provided in this Section, every | ||||||
| 16 | person operating a motor driven cycle upon a highway shall be | ||||||
| 17 | granted all of the rights allowed under this Chapter, and | ||||||
| 18 | shall be subject to all of the duties applicable to the driver | ||||||
| 19 | of a vehicle by this Code, except as to any applicable special | ||||||
| 20 | rules and those provisions of this Code which by their nature | ||||||
| 21 | can have no application. | ||||||
| 22 | (i) No retailer, wholesaler, distributor, or manufacturer | ||||||
| 23 | shall market, advertise, label, or otherwise offer for sale a | ||||||
| 24 | motor driven cycle in any manner that would reasonably cause a | ||||||
| 25 | consumer to believe that the vehicle is a device that is not | ||||||
| 26 | subject to the requirements of this Section. Any violation of | ||||||
| |||||||
| |||||||
| 1 | this subsection constitutes an unlawful practice under the | ||||||
| 2 | Consumer Fraud and Deceptive Business Practices Act, and is | ||||||
| 3 | enforceable by the Attorney General or State's Attorneys under | ||||||
| 4 | the Consumer Fraud and Deceptive Business Practices Act. Law | ||||||
| 5 | enforcement officers are authorized to seize or impound | ||||||
| 6 | vehicles marketed or sold in violation of this subsection, | ||||||
| 7 | pending resolution of proceedings initiated pursuant to the | ||||||
| 8 | Consumer Fraud and Deceptive Business Practices Act. In | ||||||
| 9 | addition to any penalty authorized under this subsection, the | ||||||
| 10 | law enforcement agency may provide for the release of properly | ||||||
| 11 | impounded vehicles and for the imposition of a reasonable | ||||||
| 12 | administrative fee related to its confiscation and impounding. | ||||||
| 13 | A retailer, wholesaler, distributor, or manufacturer that | ||||||
| 14 | violates this subsection is subject to a civil penalty not | ||||||
| 15 | exceeding $10,000 for each violation. Each mislabeled or | ||||||
| 16 | falsely marketed vehicle constitutes a separate violation. | ||||||
| 17 | (j) Any motor driven cycle found to be in violation of this | ||||||
| 18 | Section may, in the discretion of the law enforcement agency | ||||||
| 19 | having jurisdiction, be subject to confiscation and | ||||||
| 20 | impoundment. The law enforcement agency may provide for the | ||||||
| 21 | release of properly impounded vehicles and for the imposition | ||||||
| 22 | of a reasonable administrative fee related to its confiscation | ||||||
| 23 | and impounding. The administrative fee shall be waived upon | ||||||
| 24 | verifiable proof that the vehicle was stolen or hijacked at | ||||||
| 25 | the time the vehicle was impounded. | ||||||
| 26 | (k) No unit of local government, including a home rule | ||||||
| |||||||
| |||||||
| 1 | unit, may regulate motor driven cycles. This subsection (k) is | ||||||
| 2 | a denial and limitation of home rule powers and functions | ||||||
| 3 | under subsection (h) of Section 6 of Article VII of the | ||||||
| 4 | Illinois Constitution, and is an exercise of exclusive State | ||||||
| 5 | power which may not be exercised concurrently by a home rule | ||||||
| 6 | unit. | ||||||
| 7 | (l) Every owner of a motor driven cycle is subject to the | ||||||
| 8 | mandatory insurance requirements specified in Article VI of | ||||||
| 9 | Chapter 7 of this Code. | ||||||
| 10 | (m) The Secretary may adopt any rules necessary to | ||||||
| 11 | implement this Section. | ||||||
| 12 | (625 ILCS 5/11-1435 new) | ||||||
| 13 | Sec. 11-1435. Operation of electric micromobility devices. | ||||||
| 14 | (a) Except as otherwise provided in this Section, a person | ||||||
| 15 | may operate an electric micromobility device upon any highway, | ||||||
| 16 | street, roadway, bicycle lane, or bicycle path in this State. | ||||||
| 17 | A person operating an electric micromobility device upon a | ||||||
| 18 | highway, street, or roadway may not otherwise impede or | ||||||
| 19 | obstruct other vehicular traffic. | ||||||
| 20 | (b) An electric micromobility device shall not be operated | ||||||
| 21 | on: | ||||||
| 22 | (1) a sidewalk; | ||||||
| 23 | (2) a highway with a speed limit in excess of 35 miles | ||||||
| 24 | per hour, unless there is a designated bicycle lane on | ||||||
| 25 | such highway; or | ||||||
| |||||||
| |||||||
| 1 | (3) an interstate highway. | ||||||
| 2 | Additionally, any such electric micromobility device | ||||||
| 3 | capable of and operating in excess of 28 miles per hour shall | ||||||
| 4 | be prohibited from operating on any public highway, regardless | ||||||
| 5 | of speed limit, and shall further be prohibited from bicycle | ||||||
| 6 | lanes and bicycle paths. | ||||||
| 7 | (c) The Department of Transportation and the Department of | ||||||
| 8 | Natural Resources may adopt administrative rules prohibiting | ||||||
| 9 | the use of electric micromobility devices upon any highway, | ||||||
| 10 | street, roadway, bicycle lane, or bicycle path under its | ||||||
| 11 | jurisdiction. | ||||||
| 12 | (d) A person may not operate an electric micromobility | ||||||
| 13 | device unless he or she is 16 years of age or older. | ||||||
| 14 | (e) Every electric micromobility device shall be equipped | ||||||
| 15 | with a functioning brake that will adequately control movement | ||||||
| 16 | of and stop and hold the device. Every electric micromobility | ||||||
| 17 | device, when in use at nighttime, shall also be equipped with a | ||||||
| 18 | lamp on the front that emits a white light visible from a | ||||||
| 19 | distance of at least 500 feet to the front and with a red | ||||||
| 20 | reflector on the rear that is visible from all distances from | ||||||
| 21 | 100 feet to 600 feet to the rear when directly in front of | ||||||
| 22 | lawful lower beams of headlamps on a motor vehicle, except | ||||||
| 23 | that a lamp emitting a steady or flashing red light visible | ||||||
| 24 | from a distance of 500 feet to the rear may be used in addition | ||||||
| 25 | to or instead of the red reflector. A person operating an | ||||||
| 26 | electric micromobility device at nighttime may also use a | ||||||
| |||||||
| |||||||
| 1 | headlamp equipped with lighting sufficient to meet the | ||||||
| 2 | visibility requirements of this subsection. | ||||||
| 3 | (f) An electric micromobility device may be parked in the | ||||||
| 4 | same manner and at the same locations as a bicycle may be | ||||||
| 5 | parked; however, such device must not obstruct any sidewalk or | ||||||
| 6 | pedestrian right-of-way. | ||||||
| 7 | (g) A person may not use an electric micromobility device | ||||||
| 8 | to carry a passenger unless the device was originally designed | ||||||
| 9 | to carry more than one person at a time. | ||||||
| 10 | (h) No person riding upon any electric micromobility | ||||||
| 11 | device shall attach the device or himself or herself to any | ||||||
| 12 | vehicle upon a roadway. | ||||||
| 13 | (i) No person shall knowingly tamper with or modify the | ||||||
| 14 | speed capability or engagement of an electric micromobility | ||||||
| 15 | device beyond the original speed capability of the device. | ||||||
| 16 | (j) A person may not operate an electric micromobility | ||||||
| 17 | device while under the influence of alcohol or any drug. | ||||||
| 18 | (k) Every electric micromobility device shall be | ||||||
| 19 | well-maintained and in good operating condition. | ||||||
| 20 | (l) An electric micromobility device shall not be equipped | ||||||
| 21 | with a siren nor shall any person use any siren upon an | ||||||
| 22 | electric micromobility device. This subsection does not apply | ||||||
| 23 | to an electric micromobility device used by a police or fire | ||||||
| 24 | department. | ||||||
| 25 | (m) Any electric micromobility device operated in | ||||||
| 26 | violation of or found to be in violation of this Section may, | ||||||
| |||||||
| |||||||
| 1 | in the discretion of the law enforcement agency having | ||||||
| 2 | jurisdiction, be subject to confiscation and impoundment. The | ||||||
| 3 | law enforcement agency may provide for the release of a | ||||||
| 4 | properly impounded vehicle and for the imposition of a | ||||||
| 5 | reasonable administrative fee related to its confiscation and | ||||||
| 6 | impounding. The administrative fee shall be waived upon | ||||||
| 7 | verifiable proof that the vehicle was stolen or hijacked at | ||||||
| 8 | the time the vehicle was impounded. | ||||||
| 9 | (n) Every person operating an electric micromobility | ||||||
| 10 | device upon a highway shall be granted all of the rights | ||||||
| 11 | allowed by this Chapter, and shall be subject to all of the | ||||||
| 12 | duties applicable to the driver of a vehicle by this Code, | ||||||
| 13 | except as to any applicable special rules and those provisions | ||||||
| 14 | of this Code which by their nature can have no application. | ||||||
| 15 | (o) No unit of local government, including a home rule | ||||||
| 16 | unit, may regulate electric micromobility devices. This | ||||||
| 17 | subsection (o) is a denial and limitation of home rule powers | ||||||
| 18 | and functions under subsection (h) of Section 6 of Article VII | ||||||
| 19 | of the Illinois Constitution, and is an exercise of exclusive | ||||||
| 20 | State power which may not be exercised concurrently by a home | ||||||
| 21 | rule unit. | ||||||
| 22 | (p) The Secretary may adopt any rules necessary to | ||||||
| 23 | implement this Section. | ||||||
| 24 | (625 ILCS 5/11-1516) | ||||||
| 25 | Sec. 11-1516. Low-speed gas bicycles. | ||||||
| |||||||
| |||||||
| 1 | (a) A person may operate a low-speed gas bicycle only if | ||||||
| 2 | the person is at least 16 years of age. | ||||||
| 3 | (b) A person may not operate a low-speed gas bicycle at a | ||||||
| 4 | speed greater than 28 20 miles per hour upon any highway, | ||||||
| 5 | street, or roadway. | ||||||
| 6 | (c) A person may not operate a low-speed gas bicycle on a | ||||||
| 7 | sidewalk. | ||||||
| 8 | (d) Except as otherwise provided in this Section, the | ||||||
| 9 | provisions of this Article XV that apply to bicycles also | ||||||
| 10 | apply to low-speed gas bicycles. | ||||||
| 11 | (e) No unit of local government, including a home rule | ||||||
| 12 | unit, may regulate low-speed gas bicycles. This subsection (e) | ||||||
| 13 | is a denial and limitation of home rule powers and functions | ||||||
| 14 | under subsection (h) of Section 6 of Article VII of the | ||||||
| 15 | Illinois Constitution, and is an exercise of exclusive State | ||||||
| 16 | power which may not be exercised concurrently by a home rule | ||||||
| 17 | unit. | ||||||
| 18 | (Source: P.A. 100-209, eff. 1-1-18.) | ||||||
| 19 | (625 ILCS 5/11-1517) | ||||||
| 20 | Sec. 11-1517. Low-speed electric bicycles. | ||||||
| 21 | (a) Except as otherwise provided in this Section, the | ||||||
| 22 | provisions of this Chapter that apply to bicycles also apply | ||||||
| 23 | to low-speed electric bicycles. | ||||||
| 24 | (b) Each low-speed electric bicycle operating in this | ||||||
| 25 | State shall comply with equipment and manufacturing | ||||||
| |||||||
| |||||||
| 1 | requirements adopted by the United States Consumer Product | ||||||
| 2 | Safety Commission under 16 CFR 1512. Each Class 3 low-speed | ||||||
| 3 | electric bicycle shall be equipped with a speedometer that | ||||||
| 4 | displays the speed the bicycle is traveling in miles per hour. | ||||||
| 5 | (c) Beginning on or after January 1, 2018, every | ||||||
| 6 | manufacturer and distributor of low-speed electric bicycles | ||||||
| 7 | shall apply a label that is permanently affixed to the bicycle | ||||||
| 8 | in a prominent location. The label shall contain, in Arial | ||||||
| 9 | font in at least 9-point type: | ||||||
| 10 | (1) a classification number for the bicycle that | ||||||
| 11 | corresponds with a class under Section 1-140.10 of this | ||||||
| 12 | Code; | ||||||
| 13 | (2) the bicycle's top assisted speed; and | ||||||
| 14 | (3) the bicycle's motor wattage. | ||||||
| 15 | No person shall knowingly tamper or modify the speed | ||||||
| 16 | capability or engagement of a low-speed electric bicycle | ||||||
| 17 | without replacing the label required under this subsection | ||||||
| 18 | (c). | ||||||
| 19 | (d) A Class 2 low-speed electric bicycle shall operate in | ||||||
| 20 | a manner so that the electric motor is disengaged or ceases to | ||||||
| 21 | function when the brakes are applied. A Class 1 low-speed | ||||||
| 22 | electric bicycle and a Class 3 low-speed electric bicycle | ||||||
| 23 | shall operate in a manner so that the electric motor is | ||||||
| 24 | disengaged or ceases to function when the rider stops | ||||||
| 25 | pedaling. | ||||||
| 26 | (e) A person may operate a low-speed electric bicycle upon | ||||||
| |||||||
| |||||||
| 1 | any highway, street, or roadway authorized for use by | ||||||
| 2 | bicycles, including, but not limited to, bicycle lanes. | ||||||
| 3 | (f) A person may operate a low-speed electric bicycle upon | ||||||
| 4 | any bicycle path unless the State agency municipality, county, | ||||||
| 5 | or local authority with jurisdiction prohibits the use of | ||||||
| 6 | low-speed electric bicycles or a specific class of low-speed | ||||||
| 7 | electric bicycles on that path. The Department of Natural | ||||||
| 8 | Resources is authorized to adopt administrative rules for the | ||||||
| 9 | regulation of low-speed electric bicycles on any and all | ||||||
| 10 | properties owned, managed, or leased by the Department of | ||||||
| 11 | Natural Resources. | ||||||
| 12 | (g) A person may not operate a low-speed electric bicycle | ||||||
| 13 | on a sidewalk. | ||||||
| 14 | (h) A person may operate a Class 1 or Class 2 low-speed | ||||||
| 15 | electric bicycle only if he or she is 15 years of age or older. | ||||||
| 16 | A person may operate a Class 3 low-speed electric bicycle only | ||||||
| 17 | if he or she is 16 years of age or older. A person who is less | ||||||
| 18 | than 16 years of age may ride as a passenger on a Class 3 | ||||||
| 19 | low-speed electric bicycle that is designed to accommodate | ||||||
| 20 | passengers. A low-speed electric bicycle that is manufactured | ||||||
| 21 | to accommodate passengers may not be operated by a person | ||||||
| 22 | under the age of 18 with a passenger unless the passenger is a | ||||||
| 23 | sibling, stepsibling, child, or stepchild of the operator. | ||||||
| 24 | (i) No unit of local government, including a home rule | ||||||
| 25 | unit, may regulate low-speed electric bicycles. This | ||||||
| 26 | subsection (i) is a denial and limitation of home rule powers | ||||||
| |||||||
| |||||||
| 1 | and functions under subsection (h) of Section 6 of Article VII | ||||||
| 2 | of the Illinois Constitution, and is an exercise of exclusive | ||||||
| 3 | State power which may not be exercised concurrently by a home | ||||||
| 4 | rule unit. | ||||||
| 5 | (Source: P.A. 100-209, eff. 1-1-18.) | ||||||
| 6 | (625 ILCS 5/11-1518 rep.) | ||||||
| 7 | Section 10. The Illinois Vehicle Code is amended by | ||||||
| 8 | repealing Section 11-1518. | ||||||
| 9 | Section 15. The Consumer Fraud and Deceptive Business | ||||||
| 10 | Practices Act is amended by changing Section 2Z as follows: | ||||||
| 11 | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z) | ||||||
| 12 | Sec. 2Z. Violations of other Acts. Any person who | ||||||
| 13 | knowingly violates the Automotive Repair Act, the Automotive | ||||||
| 14 | Collision Repair Act, the Home Repair and Remodeling Act, the | ||||||
| 15 | Dance Studio Act, the Physical Fitness Services Act, the | ||||||
| 16 | Hearing Instrument Consumer Protection Act, the Illinois Union | ||||||
| 17 | Label Act, the Installment Sales Contract Act, the Job | ||||||
| 18 | Referral and Job Listing Services Consumer Protection Act, the | ||||||
| 19 | Travel Promotion Consumer Protection Act, the Credit Services | ||||||
| 20 | Organizations Act, the Automatic Telephone Dialers Act, the | ||||||
| 21 | Pay-Per-Call Services Consumer Protection Act, the Telephone | ||||||
| 22 | Solicitations Act, the Illinois Funeral or Burial Funds Act, | ||||||
| 23 | the Cemetery Oversight Act, the Cemetery Care Act, the Safe | ||||||
| |||||||
| |||||||
| 1 | and Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales | ||||||
| 2 | Act, the High Risk Home Loan Act, the Payday Loan Reform Act, | ||||||
| 3 | the Predatory Loan Prevention Act, the Mortgage Rescue Fraud | ||||||
| 4 | Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax | ||||||
| 5 | Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use | ||||||
| 6 | Tax Act, the Electronic Mail Act, the Internet Caller | ||||||
| 7 | Identification Act, paragraph (6) of subsection (k) of Section | ||||||
| 8 | 6-305 of the Illinois Vehicle Code, Section 11-1431, 18d-115, | ||||||
| 9 | 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois | ||||||
| 10 | Vehicle Code, subsection (i) of Section 11-1403.4 of the | ||||||
| 11 | Illinois Vehicle Code, Article 3 of the Residential Real | ||||||
| 12 | Property Disclosure Act, the Automatic Contract Renewal Act, | ||||||
| 13 | the Reverse Mortgage Act, Section 25 of the Youth Mental | ||||||
| 14 | Health Protection Act, the Personal Information Protection | ||||||
| 15 | Act, or the Student Online Personal Protection Act commits an | ||||||
| 16 | unlawful practice within the meaning of this Act. | ||||||
| 17 | (Source: P.A. 100-315, eff. 8-24-17; 100-416, eff. 1-1-18; | ||||||
| 18 | 100-863, eff. 8-14-18; 101-658, eff. 3-23-21.) | ||||||
| 19 | Section 99. Effective date. This Act takes effect July 1, | ||||||
| 20 | 2027.". | ||||||
