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-House_Amendment_001.html
Bill Title: LOW-SPEED ELECTRIC BICYCLE
Status: 2026-07-02 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB3336 Detail]
Download: Illinois-2025-SB3336-House_Amendment_001.html
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| 1 | AMENDMENT TO SENATE BILL 3336 | ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 3336 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
| 5 | changing Sections 1-106, 1-117.7, 1-140.10, 1-140.11, | ||||||
| 6 | 1-140.15, 1-145.001, 1-146, 1-158, 3-101, 3-102, 3-402, 6-102, | ||||||
| 7 | 7-601, 11-208, 11-501, 11-1501, 11-1516, and 11-1517 and by | ||||||
| 8 | adding Sections 1-101.15, 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, | ||||||
| 10 | 11-1435, and 11-1435.5 as follows: | ||||||
| 11 | (625 ILCS 5/1-101.15 new) | ||||||
| 12 | Sec. 1-101.15. Adaptive electric bicycle. An electric | ||||||
| 13 | bicycle with 2 or more wheels that is designed for and used by | ||||||
| 14 | a person with a mobility disability, as that term is used under | ||||||
| 15 | Part 35 of Title 28 of the Code of Federal Regulations (28 CFR | ||||||
| 16 | 35). "Adaptive electric bicycle" does not include a motorized | ||||||
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| 1 | wheelchair. | ||||||
| 2 | (625 ILCS 5/1-106) (from Ch. 95 1/2, par. 1-106) | ||||||
| 3 | Sec. 1-106. Bicycle. Every human-powered device, every | ||||||
| 4 | adaptive electric bicycle when operated by a person with a | ||||||
| 5 | mobility disability, and every low-speed electric bicycle, as | ||||||
| 6 | defined in Section 1-140.10, with 2 or more wheels not less | ||||||
| 7 | than 12 inches in diameter, operable pedals, and designated | ||||||
| 8 | seats for the transportation of one or more persons. | ||||||
| 9 | (Source: P.A. 104-141, eff. 1-1-26.) | ||||||
| 10 | (625 ILCS 5/1-117.6 new) | ||||||
| 11 | Sec. 1-117.6. Electric micromobility device. A | ||||||
| 12 | light-weight, low-speed, electric-powered device primarily | ||||||
| 13 | used for personal transportation and operated at speeds up to | ||||||
| 14 | 28 miles per hour. "Electric micromobility device" includes | ||||||
| 15 | electric skateboards, electric unicycles, low-speed electric | ||||||
| 16 | scooters, and high-speed electric scooters. For purposes of | ||||||
| 17 | this Code, an electric micromobility device shall be | ||||||
| 18 | considered a motor vehicle. "Electric micromobility device" | ||||||
| 19 | does not include an electric personal assistive mobility | ||||||
| 20 | device or a toy vehicle. | ||||||
| 21 | (625 ILCS 5/1-117.7) | ||||||
| 22 | Sec. 1-117.7. Electric personal assistive mobility device. | ||||||
| 23 | A self-balancing, 2 non-tandem wheeled device designed to | ||||||
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| 1 | transport only one person with an electric propulsion system | ||||||
| 2 | that limits the maximum speed of the device to 15 miles per | ||||||
| 3 | hour or less, including, but not limited to, products marketed | ||||||
| 4 | under the brand names of "Segway" or "Hoverboard" and other | ||||||
| 5 | similar self-balancing, 2 non-tandem wheeled products. | ||||||
| 6 | "Electric personal assistive mobility device" does not include | ||||||
| 7 | an electric micromobility device. | ||||||
| 8 | (Source: P.A. 92-868, eff. 6-1-03.) | ||||||
| 9 | (625 ILCS 5/1-117.8 new) | ||||||
| 10 | Sec. 1-117.8. Electric unicycle. A self-balancing | ||||||
| 11 | one-wheeled device designed to transport only one person with | ||||||
| 12 | an electric propulsion system. | ||||||
| 13 | (625 ILCS 5/1-117.9 new) | ||||||
| 14 | Sec. 1-117.9. Electric skateboard. A skateboard powered by | ||||||
| 15 | an electric motor. | ||||||
| 16 | (625 ILCS 5/1-117.10 new) | ||||||
| 17 | Sec. 1-117.10. Electric bicycle. A bicycle with operable | ||||||
| 18 | pedals and an electric motor. | ||||||
| 19 | (625 ILCS 5/1-125.11 new) | ||||||
| 20 | Sec. 1-125.11. High-speed electric scooter. A device with | ||||||
| 21 | 2 or 3 wheels, handlebars, and a floorboard that can be stood | ||||||
| 22 | upon while riding, that is solely powered by an electric motor | ||||||
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| 1 | and human power, and whose maximum speed, with or without | ||||||
| 2 | human propulsion, is more than 15 miles per hour. "High-speed | ||||||
| 3 | electric scooter" does not include a moped or motor driven | ||||||
| 4 | cycle. | ||||||
| 5 | (625 ILCS 5/1-140.10) | ||||||
| 6 | Sec. 1-140.10. Low-speed electric bicycle. A bicycle | ||||||
| 7 | equipped with fully operable pedals and an electric motor of | ||||||
| 8 | less than 750 watts that meets the requirements of one of the | ||||||
| 9 | following classes: | ||||||
| 10 | (a) "Class 1 low-speed electric bicycle" means a | ||||||
| 11 | low-speed electric bicycle equipped with a motor that | ||||||
| 12 | provides assistance only when the rider is pedaling and | ||||||
| 13 | that ceases to provide assistance when the bicycle reaches | ||||||
| 14 | a speed of 20 miles per hour. | ||||||
| 15 | (b) "Class 2 low-speed electric bicycle" means a | ||||||
| 16 | low-speed electric bicycle equipped with a motor that may | ||||||
| 17 | be used exclusively to propel the bicycle and that is not | ||||||
| 18 | capable of providing assistance when the bicycle reaches a | ||||||
| 19 | speed of 20 miles per hour. | ||||||
| 20 | (c) "Class 3 low-speed electric bicycle" means a | ||||||
| 21 | low-speed electric bicycle equipped with a motor that | ||||||
| 22 | provides assistance only when the rider is pedaling and | ||||||
| 23 | that ceases to provide assistance when the bicycle reaches | ||||||
| 24 | a speed of 28 miles per hour. | ||||||
| 25 | A "low-speed electric bicycle" is not a moped or a motor | ||||||
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| 1 | driven cycle. Any electric bicycle that is not a low-speed | ||||||
| 2 | electric bicycle shall be considered a motor driven cycle for | ||||||
| 3 | purposes of this Code. | ||||||
| 4 | (Source: P.A. 100-209, eff. 1-1-18.) | ||||||
| 5 | (625 ILCS 5/1-140.11) | ||||||
| 6 | Sec. 1-140.11. Low-speed electric scooter. A device | ||||||
| 7 | weighing less than 100 pounds, with 2 or 3 wheels, handlebars, | ||||||
| 8 | and a floorboard that can be stood upon while riding, that is | ||||||
| 9 | solely powered by an electric motor and human power, and whose | ||||||
| 10 | maximum speed, with or without human propulsion, is no more | ||||||
| 11 | than 15 10 miles per hour. "Low-speed electric scooter" does | ||||||
| 12 | not include a moped or motor driven motor-driven cycle. | ||||||
| 13 | (Source: P.A. 103-899, eff. 8-9-24.) | ||||||
| 14 | (625 ILCS 5/1-140.15) | ||||||
| 15 | Sec. 1-140.15. Low-speed gas bicycle. A 2-wheeled or | ||||||
| 16 | 3-wheeled device with fully operable pedals and a gasoline | ||||||
| 17 | motor of less than one horsepower or 15 cubic centimeter | ||||||
| 18 | displacement that is operated at speeds up to 28 of less than | ||||||
| 19 | 20 miles per hour. Any gas-powered bicycle that is not a | ||||||
| 20 | low-speed gas bicycle shall be considered a motor driven cycle | ||||||
| 21 | for purposes of this Code. | ||||||
| 22 | (Source: P.A. 103-706, eff. 1-1-25.) | ||||||
| 23 | (625 ILCS 5/1-145.001) (from Ch. 95 1/2, par. 1-148) | ||||||
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| 1 | Sec. 1-145.001. Motor driven cycle. Every motorcycle, | ||||||
| 2 | moped, and every motor scooter with an internal combustion | ||||||
| 3 | engine of less than 150 cubic centimeter piston displacement, | ||||||
| 4 | or an electric motor with a nominal power rating of greater | ||||||
| 5 | than 750 watts but less than or equal to 8,000 watts, including | ||||||
| 6 | motorized pedalcycles and every electric bicycle or | ||||||
| 7 | gas-powered bicycle that is not a low-speed electric bicycle | ||||||
| 8 | or low-speed gas bicycle. | ||||||
| 9 | (Source: P.A. 90-89, eff. 1-1-98.) | ||||||
| 10 | (625 ILCS 5/1-146) (from Ch. 95 1/2, par. 1-146) | ||||||
| 11 | Sec. 1-146. Motor vehicle. Every vehicle which is | ||||||
| 12 | self-propelled and every vehicle which is propelled by | ||||||
| 13 | electric power obtained from overhead trolley wires, but not | ||||||
| 14 | operated upon rails, except for vehicles moved solely by human | ||||||
| 15 | power, motorized wheelchairs, low-speed electric bicycles, and | ||||||
| 16 | low-speed gas bicycles. For this Code Act, motor vehicles are | ||||||
| 17 | divided into 2 two divisions: | ||||||
| 18 | First Division: Those motor vehicles which are designed | ||||||
| 19 | for the carrying of not more than 10 persons. | ||||||
| 20 | Second Division: Those motor vehicles which are designed | ||||||
| 21 | for carrying more than 10 persons, those motor vehicles | ||||||
| 22 | designed or used for living quarters, those motor vehicles | ||||||
| 23 | which are designed for pulling or carrying freight, cargo, or | ||||||
| 24 | implements of husbandry, and those motor vehicles of the First | ||||||
| 25 | Division remodelled for use and used as motor vehicles of the | ||||||
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| 1 | Second Division. | ||||||
| 2 | (Source: P.A. 96-125, eff. 1-1-10.) | ||||||
| 3 | (625 ILCS 5/1-158) (from Ch. 95 1/2, par. 1-158) | ||||||
| 4 | Sec. 1-158. Pedestrian. Any person afoot or wearing | ||||||
| 5 | in-line speed skates or riding a non-motorized skateboard or | ||||||
| 6 | operating a toy vehicle, including a person with a physical, | ||||||
| 7 | hearing, or visual disability. | ||||||
| 8 | (Source: P.A. 103-706, eff. 1-1-25.) | ||||||
| 9 | (625 ILCS 5/1-205.5 new) | ||||||
| 10 | Sec. 1-205.5. Toy vehicle. Any battery powered ride-on toy | ||||||
| 11 | that (i) is designed to not exceed 10 miles per hour, (ii) | ||||||
| 12 | includes any number of wheels or handlebars or a steering | ||||||
| 13 | wheel and a seat or platform, and (iii) is designed for | ||||||
| 14 | children under 8 years of age, including, but not limited to, | ||||||
| 15 | products marketed under the brand names of "Razor" or "Power | ||||||
| 16 | Wheels" and other similar products. | ||||||
| 17 | (625 ILCS 5/1-213.7 new) | ||||||
| 18 | Sec. 1-213.7. Unicycle. Every human-powered device with | ||||||
| 19 | one wheel and operable pedals and a designated seat for the | ||||||
| 20 | transportation of one person. | ||||||
| 21 | (625 ILCS 5/3-101) (from Ch. 95 1/2, par. 3-101) | ||||||
| 22 | Sec. 3-101. Certificate of title required. | ||||||
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| 1 | (a) Except as provided in Section 3-102, every owner of a | ||||||
| 2 | vehicle which is in this State and for which no Illinois | ||||||
| 3 | certificate of title has been issued by the Secretary of State | ||||||
| 4 | shall make application to the Secretary of State for an | ||||||
| 5 | Illinois certificate of title of the vehicle. Except as | ||||||
| 6 | provided in Section 3-102, every owner of a vehicle, excluding | ||||||
| 7 | vehicles acquired by insurance companies through a settlement | ||||||
| 8 | of an insurance claim or by lienholders taking title through | ||||||
| 9 | repossession, that is in this State for which no Illinois | ||||||
| 10 | certificate of title has been issued by the Secretary of State | ||||||
| 11 | and every owner of a vehicle that is in the State applying for | ||||||
| 12 | a duplicate certificate of title or a corrected certificate of | ||||||
| 13 | title, including a dealer lien release certificate of title, | ||||||
| 14 | must make application to the Secretary of State for an | ||||||
| 15 | Illinois duplicate certificate of title or corrected | ||||||
| 16 | certificate of title. A certificate of title issued to any | ||||||
| 17 | owner of a vehicle, excluding vehicles acquired by insurance | ||||||
| 18 | companies through a settlement of an insurance claim or by | ||||||
| 19 | lienholders taking title through repossession, in this State | ||||||
| 20 | showing an Illinois address for the owner that has been issued | ||||||
| 21 | by an entity other than the Secretary of State must be | ||||||
| 22 | converted to an Illinois title before the owner can transfer | ||||||
| 23 | ownership of the vehicle. | ||||||
| 24 | Under no circumstances shall a dealer required to obtain | ||||||
| 25 | an Illinois certificate of title pursuant to this Code be | ||||||
| 26 | allowed to obtain an out-of-state certificate of title for | ||||||
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| 1 | purposes of a vehicle held for sale in this State by the | ||||||
| 2 | dealer. Under no circumstances shall a dealer be allowed to | ||||||
| 3 | obtain an out-of-state certificate of title in lieu of an | ||||||
| 4 | Illinois-issued dealer lien release certificate of title when | ||||||
| 5 | a dealer may have need of such title issuance. Nothing in this | ||||||
| 6 | Section shall be construed so as to allow a dealer to acquire | ||||||
| 7 | an out-of-state certificate of title in lieu of acquiring an | ||||||
| 8 | Illinois certificate of title for purposes of a vehicle held | ||||||
| 9 | for sale in this State by the dealer. | ||||||
| 10 | (b) Every owner of a motorcycle or motor driven cycle | ||||||
| 11 | purchased new on and after January 1, 1980 shall make | ||||||
| 12 | application to the Secretary of State for a certificate of | ||||||
| 13 | title. However, if such cycle is not properly manufactured or | ||||||
| 14 | equipped for general highway use pursuant to the provisions of | ||||||
| 15 | this Act, it shall not be eligible for license registration, | ||||||
| 16 | but shall be issued a distinctive certificate of title except | ||||||
| 17 | as provided in Sections 3-102 and 3-110 of this Code Act. | ||||||
| 18 | (b-5) Every owner of (i) a motor driven cycle that is | ||||||
| 19 | powered by an electric motor with a nominal power rating of | ||||||
| 20 | greater than 750 watts but less than or equal to 8,000 watts or | ||||||
| 21 | (ii) a gas-powered bicycle capable of operating at speeds | ||||||
| 22 | greater than 28 miles per hour, purchased new on and after | ||||||
| 23 | January 1, 2027, shall make application to the Secretary of | ||||||
| 24 | State for a certificate of title, as long as such motor driven | ||||||
| 25 | cycle or gas-powered bicycle has a vehicle identification | ||||||
| 26 | number with which it is associated before a certificate of | ||||||
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| 1 | title may be issued. However, if such motor driven cycle or | ||||||
| 2 | gas-powered bicycle is not properly manufactured or equipped | ||||||
| 3 | for general highway use under this Code, it shall not be | ||||||
| 4 | eligible for registration, but shall be issued a distinctive | ||||||
| 5 | certificate of title except as provided in Sections 3-102 and | ||||||
| 6 | 3-110. | ||||||
| 7 | Nothing in this subsection shall exempt an | ||||||
| 8 | electric-powered motor driven cycle or gas-powered bicycle | ||||||
| 9 | from meeting the title and registration requirements of this | ||||||
| 10 | Code to operate an electric-powered motor driven cycle or | ||||||
| 11 | gas-powered bicycle on public highways. To the extent that an | ||||||
| 12 | electric-powered motor driven cycle or gas-powered bicycle is | ||||||
| 13 | exempt under this subsection, that exemption only applies to | ||||||
| 14 | the extent that such motor vehicle need not mandatorily be | ||||||
| 15 | titled if it is purchased prior to January 1, 2027. However, if | ||||||
| 16 | any owner of such motor vehicle shall seek to operate that | ||||||
| 17 | motor vehicle on public highways, it must be titled and | ||||||
| 18 | registered. | ||||||
| 19 | (c) The Secretary of State shall not register or renew the | ||||||
| 20 | registration of a vehicle unless a certificate of title has | ||||||
| 21 | been issued by the Secretary of State to the owner or an | ||||||
| 22 | application therefor has been delivered by the owner to the | ||||||
| 23 | Secretary of State. | ||||||
| 24 | (d) Every owner of an all-terrain vehicle or off-highway | ||||||
| 25 | motorcycle purchased on or after January 1, 1998 shall make | ||||||
| 26 | application to the Secretary of State for a certificate of | ||||||
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| 1 | title. | ||||||
| 2 | (e) Every owner of a low-speed vehicle manufactured after | ||||||
| 3 | January 1, 2010 shall make application to the Secretary of | ||||||
| 4 | State for a certificate of title. | ||||||
| 5 | (Source: P.A. 103-891, eff. 8-9-24.) | ||||||
| 6 | (625 ILCS 5/3-102) (from Ch. 95 1/2, par. 3-102) | ||||||
| 7 | Sec. 3-102. Exclusions. No certificate of title need be | ||||||
| 8 | obtained for: | ||||||
| 9 | 1. a vehicle owned by the State of Illinois; or a | ||||||
| 10 | vehicle owned by the United States unless it is registered | ||||||
| 11 | in this State; | ||||||
| 12 | 2. a vehicle owned by a manufacturer or dealer and | ||||||
| 13 | held for sale, even though incidentally moved on the | ||||||
| 14 | highway or used for purposes of testing or demonstration, | ||||||
| 15 | provided a dealer reassignment area is still available on | ||||||
| 16 | the manufacturer's certificate of origin or the Illinois | ||||||
| 17 | title; or a vehicle used by a manufacturer solely for | ||||||
| 18 | testing; | ||||||
| 19 | 3. a vehicle owned by a non-resident of this State and | ||||||
| 20 | not required by law to be registered in this State; | ||||||
| 21 | 4. a motor vehicle regularly engaged in the interstate | ||||||
| 22 | transportation of persons or property for which a | ||||||
| 23 | currently effective certificate of title has been issued | ||||||
| 24 | in another State; | ||||||
| 25 | 5. a vehicle moved solely by animal power; | ||||||
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| 1 | 6. an implement of husbandry; | ||||||
| 2 | 7. special mobile equipment; | ||||||
| 3 | 8. an apportionable trailer or an apportionable | ||||||
| 4 | semitrailer registered in the State prior to April 1, | ||||||
| 5 | 1998; | ||||||
| 6 | 9. a manufactured home for which an affidavit of | ||||||
| 7 | affixation has been recorded pursuant to the Conveyance | ||||||
| 8 | and Encumbrance of Manufactured Homes as Real Property and | ||||||
| 9 | Severance Act unless with respect to the same manufactured | ||||||
| 10 | home there has been recorded an affidavit of severance | ||||||
| 11 | pursuant to that Act; | ||||||
| 12 | 10. (blank); low-speed electric scooters. | ||||||
| 13 | 11. electric micromobility devices. | ||||||
| 14 | (Source: P.A. 103-899, eff. 8-9-24.) | ||||||
| 15 | (625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402) | ||||||
| 16 | Sec. 3-402. Vehicles subject to registration; exceptions. | ||||||
| 17 | A. Exemptions and Policy. Every motor vehicle, trailer, | ||||||
| 18 | semitrailer, and pole trailer when driven or moved upon a | ||||||
| 19 | highway shall be subject to the registration and certificate | ||||||
| 20 | of title provisions of this Chapter except: | ||||||
| 21 | (1) Any such vehicle driven or moved upon a highway in | ||||||
| 22 | conformance with the provisions of this Chapter relating | ||||||
| 23 | to manufacturers, transporters, dealers, lienholders, or | ||||||
| 24 | nonresidents or under a temporary registration permit | ||||||
| 25 | issued by the Secretary of State; | ||||||
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| 1 | (2) Any implement of husbandry whether of a type | ||||||
| 2 | otherwise subject to registration hereunder or not which | ||||||
| 3 | is only incidentally operated or moved upon a highway, | ||||||
| 4 | which shall include a not-for-hire movement for the | ||||||
| 5 | purpose of delivering farm commodities to a place of first | ||||||
| 6 | processing or sale, or to a place of storage; | ||||||
| 7 | (3) Any special mobile equipment as herein defined; | ||||||
| 8 | (4) Any vehicle which is propelled exclusively by | ||||||
| 9 | electric power obtained from overhead trolley wires though | ||||||
| 10 | not operated upon rails; | ||||||
| 11 | (5) Any vehicle which is equipped and used exclusively | ||||||
| 12 | as a pumper, ladder truck, rescue vehicle, searchlight | ||||||
| 13 | truck, or other fire apparatus, but not a vehicle of a type | ||||||
| 14 | which would otherwise be subject to registration as a | ||||||
| 15 | vehicle of the first division; | ||||||
| 16 | (6) Any vehicle which is owned and operated by the | ||||||
| 17 | federal government and externally displays evidence of | ||||||
| 18 | federal ownership. It is the policy of the State of | ||||||
| 19 | Illinois to promote and encourage the fullest use of its | ||||||
| 20 | highways and to enhance the flow of commerce thus | ||||||
| 21 | contributing to the economic, agricultural, industrial, | ||||||
| 22 | and social growth and development of this State, by | ||||||
| 23 | authorizing the Secretary of State to negotiate and enter | ||||||
| 24 | into reciprocal or proportional agreements or arrangements | ||||||
| 25 | with other States, or to issue declarations setting forth | ||||||
| 26 | reciprocal exemptions, benefits, and privileges with | ||||||
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| 1 | respect to vehicles operated interstate which are properly | ||||||
| 2 | registered in this and other States, assuring nevertheless | ||||||
| 3 | proper registration of vehicles in Illinois as may be | ||||||
| 4 | required by this Code; | ||||||
| 5 | (7) Any converter dolly or tow dolly which merely | ||||||
| 6 | serves as substitute wheels for another legally licensed | ||||||
| 7 | vehicle. A title may be issued on a voluntary basis to a | ||||||
| 8 | tow dolly upon receipt of the manufacturer's certificate | ||||||
| 9 | of origin or the bill of sale; | ||||||
| 10 | (8) Any house trailer found to be an abandoned mobile | ||||||
| 11 | home under the Abandoned Mobile Home Act; | ||||||
| 12 | (9) Any vehicle that is not properly registered or | ||||||
| 13 | does not have registration plates or digital registration | ||||||
| 14 | plates issued to the owner or operator affixed thereto, or | ||||||
| 15 | that does have registration plates or digital registration | ||||||
| 16 | plates issued to the owner or operator affixed thereto but | ||||||
| 17 | the plates are not appropriate for the weight of the | ||||||
| 18 | vehicle, provided that this exemption shall apply only | ||||||
| 19 | while the vehicle is being transported or operated by a | ||||||
| 20 | towing service and has a third tow plate affixed to it; | ||||||
| 21 | (10) (blank); Low-speed electric scooters. | ||||||
| 22 | (11) electric micromobility devices. | ||||||
| 23 | B. Reciprocity. Any motor vehicle, trailer, semitrailer, | ||||||
| 24 | or pole trailer need not be registered under this Code | ||||||
| 25 | provided the same is operated interstate and in accordance | ||||||
| 26 | with the following provisions and any rules and regulations | ||||||
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| 1 | promulgated pursuant thereto: | ||||||
| 2 | (1) A nonresident owner, except as otherwise provided | ||||||
| 3 | in this Section, owning any foreign registered vehicle of | ||||||
| 4 | a type otherwise subject to registration hereunder, may | ||||||
| 5 | operate or permit the operation of such vehicle within | ||||||
| 6 | this State in interstate commerce without registering such | ||||||
| 7 | vehicle in, or paying any fees to, this State subject to | ||||||
| 8 | the condition that such vehicle at all times when operated | ||||||
| 9 | in this State is operated pursuant to a reciprocity | ||||||
| 10 | agreement, arrangement, or declaration by this State, and | ||||||
| 11 | further subject to the condition that such vehicle at all | ||||||
| 12 | times when operated in this State is duly registered in, | ||||||
| 13 | and displays upon it, a valid registration card and | ||||||
| 14 | registration plate or plates or digital registration plate | ||||||
| 15 | or plates issued for such vehicle in the place of | ||||||
| 16 | residence of such owner and is issued and maintains in | ||||||
| 17 | such vehicle a valid Illinois reciprocity permit as | ||||||
| 18 | required by the Secretary of State, and provided like | ||||||
| 19 | privileges are afforded to residents of this State by the | ||||||
| 20 | State of residence of such owner. | ||||||
| 21 | Every nonresident including any foreign corporation | ||||||
| 22 | carrying on business within this State and owning and | ||||||
| 23 | regularly operating in such business any motor vehicle, | ||||||
| 24 | trailer, or semitrailer within this State in intrastate | ||||||
| 25 | commerce, shall be required to register each such vehicle | ||||||
| 26 | and pay the same fees therefor as is required with | ||||||
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| |||||||
| 1 | reference to like vehicles owned by residents of this | ||||||
| 2 | State. | ||||||
| 3 | (2) Any motor vehicle, trailer, semitrailer, and pole | ||||||
| 4 | trailer operated interstate need not be registered in this | ||||||
| 5 | State, provided: | ||||||
| 6 | (a) that the vehicle is properly registered in | ||||||
| 7 | another State pursuant to law or to a reciprocity | ||||||
| 8 | agreement, arrangement, or declaration; or | ||||||
| 9 | (b) that such vehicle is part of a fleet of | ||||||
| 10 | vehicles owned or operated by the same person who | ||||||
| 11 | registers such fleet of vehicles pro rata among the | ||||||
| 12 | various States in which such fleet operates; or | ||||||
| 13 | (c) that such vehicle is part of a fleet of | ||||||
| 14 | vehicles, a portion of which are registered with the | ||||||
| 15 | Secretary of State of Illinois in accordance with an | ||||||
| 16 | agreement or arrangement concurred in by the Secretary | ||||||
| 17 | of State of Illinois based on one or more of the | ||||||
| 18 | following factors: ratio of miles in Illinois as | ||||||
| 19 | against total miles in all jurisdictions; situs or | ||||||
| 20 | base of a vehicle, or where it is principally garaged, | ||||||
| 21 | or from whence it is principally dispatched or where | ||||||
| 22 | the movements of such vehicle usually originate; situs | ||||||
| 23 | of the residence of the owner or operator thereof, or | ||||||
| 24 | of the person's his principal office or offices, or of | ||||||
| 25 | the person's his places of business; the routes | ||||||
| 26 | traversed and whether regular or irregular routes are | ||||||
| |||||||
| |||||||
| 1 | traversed, and the jurisdictions traversed and served; | ||||||
| 2 | and such other factors as may be deemed material by the | ||||||
| 3 | Secretary and the motor vehicle administrators of the | ||||||
| 4 | other jurisdictions involved in such apportionment. | ||||||
| 5 | Such vehicles shall maintain therein any reciprocity | ||||||
| 6 | permit which may be required by the Secretary of State | ||||||
| 7 | pursuant to rules and regulations which the Secretary | ||||||
| 8 | of State may promulgate in the administration of this | ||||||
| 9 | Code, in the public interest. | ||||||
| 10 | (3)(a) In order to effectuate the purposes of this | ||||||
| 11 | Code, the Secretary of State of Illinois is empowered to | ||||||
| 12 | negotiate and execute written reciprocal agreements or | ||||||
| 13 | arrangements with the duly authorized representatives of | ||||||
| 14 | other jurisdictions, including States, districts, | ||||||
| 15 | territories, and possessions of the United States, and | ||||||
| 16 | foreign states, provinces, or countries, granting to | ||||||
| 17 | owners or operators of vehicles duly registered or | ||||||
| 18 | licensed in such other jurisdictions and for which | ||||||
| 19 | evidence of compliance is supplied, benefits, privileges, | ||||||
| 20 | and exemption from the payment, wholly or partially, of | ||||||
| 21 | any taxes, fees, or other charges imposed with respect to | ||||||
| 22 | the ownership or operation of such vehicles by the laws of | ||||||
| 23 | this State except the tax imposed by the Motor Fuel Tax | ||||||
| 24 | Law, approved March 25, 1929, as amended, and the tax | ||||||
| 25 | imposed by the Use Tax Act, approved July 14, 1955, as | ||||||
| 26 | amended. | ||||||
| |||||||
| |||||||
| 1 | The Secretary of State may negotiate agreements or | ||||||
| 2 | arrangements as are in the best interests of this State | ||||||
| 3 | and the residents of this State pursuant to the policies | ||||||
| 4 | expressed in this Section taking into consideration the | ||||||
| 5 | reciprocal exemptions, benefits, and privileges available | ||||||
| 6 | and accruing to residents of this State and vehicles | ||||||
| 7 | registered in this State. | ||||||
| 8 | (b) Such reciprocal agreements or arrangements shall | ||||||
| 9 | provide that vehicles duly registered or licensed in this | ||||||
| 10 | State when operated upon the highways of such other | ||||||
| 11 | jurisdictions, shall receive exemptions, benefits, and | ||||||
| 12 | privileges of a similar kind or to a similar degree as | ||||||
| 13 | extended to vehicles from such jurisdictions in this | ||||||
| 14 | State. | ||||||
| 15 | (c) Such agreements or arrangements may also authorize | ||||||
| 16 | the apportionment of registration or licensing of fleets | ||||||
| 17 | of vehicles operated interstate, based on any or all of | ||||||
| 18 | the following factors: ratio of miles in Illinois as | ||||||
| 19 | against total miles in all jurisdictions; situs or base of | ||||||
| 20 | a vehicle, or where it is principally garaged or from | ||||||
| 21 | whence it is principally dispatched or where the movements | ||||||
| 22 | of such vehicle usually originate; situs of the residence | ||||||
| 23 | of the owner or operator thereof, or of the person's his | ||||||
| 24 | principal office or offices, or of the person's his places | ||||||
| 25 | of business; the routes traversed and whether regular or | ||||||
| 26 | irregular routes are traversed, and the jurisdictions | ||||||
| |||||||
| |||||||
| 1 | traversed and served; and such other factors as may be | ||||||
| 2 | deemed material by the Secretary and the motor vehicle | ||||||
| 3 | administrators of the other jurisdictions involved in such | ||||||
| 4 | apportionment, and such vehicles shall likewise be | ||||||
| 5 | entitled to reciprocal exemptions, benefits, and | ||||||
| 6 | privileges. | ||||||
| 7 | (d) Such agreements or arrangements shall also provide | ||||||
| 8 | that vehicles being operated in intrastate commerce in | ||||||
| 9 | Illinois shall comply with the registration and licensing | ||||||
| 10 | laws of this State, except that vehicles which are part of | ||||||
| 11 | an apportioned fleet may conduct an intrastate operation | ||||||
| 12 | incidental to their interstate operations. Any motor | ||||||
| 13 | vehicle properly registered and qualified under any | ||||||
| 14 | reciprocal agreement or arrangement under this Code and | ||||||
| 15 | not having a situs or base within Illinois may complete | ||||||
| 16 | the inbound movement of a trailer or semitrailer to an | ||||||
| 17 | Illinois destination that was brought into Illinois by a | ||||||
| 18 | motor vehicle also properly registered and qualified under | ||||||
| 19 | this Code and not having a situs or base within Illinois, | ||||||
| 20 | or may complete an outbound movement of a trailer or | ||||||
| 21 | semitrailer to an out-of-state destination that was | ||||||
| 22 | originated in Illinois by a motor vehicle also properly | ||||||
| 23 | registered and qualified under this Code and not having a | ||||||
| 24 | situs or base in Illinois, only if the operator thereof | ||||||
| 25 | did not break bulk of the cargo laden in such inbound or | ||||||
| 26 | outbound trailer or semitrailer. Adding or unloading | ||||||
| |||||||
| |||||||
| 1 | intrastate cargo on such inbound or outbound trailer or | ||||||
| 2 | semitrailer shall be deemed as breaking bulk. | ||||||
| 3 | (e) Such agreements or arrangements may also provide | ||||||
| 4 | for the determination of the proper State in which leased | ||||||
| 5 | vehicles shall be registered based on the factors set out | ||||||
| 6 | in subsection (c) above and for apportionment of | ||||||
| 7 | registration of fleets of leased vehicles by the lessee or | ||||||
| 8 | by the lessor who leases such vehicles to persons who are | ||||||
| 9 | not fleet operators. | ||||||
| 10 | (f) Such agreements or arrangements may also include | ||||||
| 11 | reciprocal exemptions, benefits, or privileges accruing | ||||||
| 12 | under the The Illinois Driver Licensing Law or the The | ||||||
| 13 | Driver License Compact. | ||||||
| 14 | (4) The Secretary of State is further authorized to | ||||||
| 15 | examine the laws and requirements of other jurisdictions, | ||||||
| 16 | and, in the absence of a written agreement or arrangement, | ||||||
| 17 | to issue a written declaration of the extent and nature of | ||||||
| 18 | the exemptions, benefits and privileges accorded to | ||||||
| 19 | vehicles of this State by such other jurisdictions, and | ||||||
| 20 | the extent and nature of reciprocal exemptions, benefits, | ||||||
| 21 | and privileges thereby accorded by this State to the | ||||||
| 22 | vehicles of such other jurisdictions. A declaration by the | ||||||
| 23 | Secretary of State may include any, part or all reciprocal | ||||||
| 24 | exemptions, benefits, and privileges or provisions as may | ||||||
| 25 | be included within an agreement or arrangement. | ||||||
| 26 | (5) All agreements, arrangements, declarations, and | ||||||
| |||||||
| |||||||
| 1 | amendments thereto, shall be in writing and become | ||||||
| 2 | effective when signed by the Secretary of State, and | ||||||
| 3 | copies of all such documents shall be available to the | ||||||
| 4 | public upon request. | ||||||
| 5 | (6) The Secretary of State is further authorized to | ||||||
| 6 | require the display by foreign registered trucks, | ||||||
| 7 | truck-tractors, and buses, entitled to reciprocal | ||||||
| 8 | benefits, exemptions, or privileges hereunder, a | ||||||
| 9 | reciprocity permit for external display before any such | ||||||
| 10 | reciprocal benefits, exemptions, or privileges are | ||||||
| 11 | granted. The Secretary of State shall provide suitable | ||||||
| 12 | application forms for such permit and shall promulgate and | ||||||
| 13 | publish reasonable rules and regulations for the | ||||||
| 14 | administration and enforcement of the provisions of this | ||||||
| 15 | Code including a provision for revocation of such permit | ||||||
| 16 | as to any vehicle operated wilfully in violation of the | ||||||
| 17 | terms of any reciprocal agreement, arrangement, or | ||||||
| 18 | declaration or in violation of the Illinois Motor Carrier | ||||||
| 19 | of Property Law, as amended. | ||||||
| 20 | (7)(a) Upon the suspension, revocation, or denial of | ||||||
| 21 | one or more of all reciprocal benefits, privileges, and | ||||||
| 22 | exemptions existing pursuant to the terms and provisions | ||||||
| 23 | of this Code or by virtue of a reciprocal agreement or | ||||||
| 24 | arrangement or declaration thereunder; or, upon the | ||||||
| 25 | suspension, revocation, or denial of a reciprocity permit; | ||||||
| 26 | or, upon any action or inaction of the Secretary in the | ||||||
| |||||||
| |||||||
| 1 | administration and enforcement of the provisions of this | ||||||
| 2 | Code, any person, resident or nonresident, so aggrieved, | ||||||
| 3 | may serve upon the Secretary, a petition in writing and | ||||||
| 4 | under oath, setting forth the grievance of the petitioner, | ||||||
| 5 | the grounds and basis for the relief sought, and all | ||||||
| 6 | necessary facts and particulars, and request an | ||||||
| 7 | administrative hearing thereon. Within 20 days, the | ||||||
| 8 | Secretary shall set a hearing date as early as practical. | ||||||
| 9 | The Secretary may, in the Secretary's his discretion, | ||||||
| 10 | supply forms for such a petition. The Secretary may | ||||||
| 11 | require the payment of a fee of not more than $50 for the | ||||||
| 12 | filing of any petition, motion, or request for hearing | ||||||
| 13 | conducted pursuant to this Section. These fees must be | ||||||
| 14 | deposited into the Secretary of State DUI Administration | ||||||
| 15 | Fund, a special fund that is hereby created in the State | ||||||
| 16 | treasury, and, subject to appropriation and as directed by | ||||||
| 17 | the Secretary of State, shall be used to fund the | ||||||
| 18 | operation of the hearings department of the Office of the | ||||||
| 19 | Secretary of State and for no other purpose. The Secretary | ||||||
| 20 | shall establish by rule the amount and the procedures, | ||||||
| 21 | terms, and conditions relating to these fees. | ||||||
| 22 | (b) The Secretary may likewise, in the Secretary's his | ||||||
| 23 | discretion and upon the Secretary's his own petition, | ||||||
| 24 | order a hearing, when in the Secretary's his best | ||||||
| 25 | judgment, any person is not entitled to the reciprocal | ||||||
| 26 | benefits, privileges, and exemptions existing pursuant to | ||||||
| |||||||
| |||||||
| 1 | the terms and provisions of this Code or under a | ||||||
| 2 | reciprocal agreement or arrangement or declaration | ||||||
| 3 | thereunder or that a vehicle owned or operated by such | ||||||
| 4 | person is improperly registered or licensed, or that an | ||||||
| 5 | Illinois resident has improperly registered or licensed a | ||||||
| 6 | vehicle in another jurisdiction for the purposes of | ||||||
| 7 | violating or avoiding the registration laws of this State. | ||||||
| 8 | (c) The Secretary shall notify a petitioner or any | ||||||
| 9 | other person involved of such a hearing, by giving at | ||||||
| 10 | least 10 days notice, in writing, by U.S. Mail, Registered | ||||||
| 11 | or Certified, or by personal service, at the last known | ||||||
| 12 | address of such petitioner or person, specifying the time | ||||||
| 13 | and place of such hearing. Such hearing shall be held | ||||||
| 14 | before the Secretary, or any person as the Secretary he | ||||||
| 15 | may designate, and unless the parties mutually agree to | ||||||
| 16 | some other county in Illinois, the hearing shall be held | ||||||
| 17 | in the County of Sangamon or the County of Cook. | ||||||
| 18 | Appropriate records of the hearing shall be kept, and the | ||||||
| 19 | Secretary shall issue or cause to be issued, the | ||||||
| 20 | Secretary's his decision on the case, within 30 days after | ||||||
| 21 | the close of such hearing or within 30 days after receipt | ||||||
| 22 | of the transcript thereof, and a copy shall likewise be | ||||||
| 23 | served or mailed to the petitioner or person involved. | ||||||
| 24 | (d) The actions or inactions or determinations, or | ||||||
| 25 | findings and decisions upon an administrative hearing, of | ||||||
| 26 | the Secretary, shall be subject to judicial review in the | ||||||
| |||||||
| |||||||
| 1 | Circuit Court of the County of Sangamon or the County of | ||||||
| 2 | Cook, and the provisions of the Administrative Review Law, | ||||||
| 3 | and all amendments and modifications thereof and rules | ||||||
| 4 | adopted pursuant thereto, apply to and govern all such | ||||||
| 5 | reviewable matters. | ||||||
| 6 | Any reciprocal agreements or arrangements entered into | ||||||
| 7 | by the Secretary of State or any declarations issued by | ||||||
| 8 | the Secretary of State pursuant to any law in effect prior | ||||||
| 9 | to the effective date of this Code are not hereby | ||||||
| 10 | abrogated, and such shall continue in force and effect | ||||||
| 11 | until amended pursuant to the provisions of this Code or | ||||||
| 12 | expire pursuant to the terms or provisions thereof. | ||||||
| 13 | C. Vehicles purchased out-of-state. A resident of this | ||||||
| 14 | State who purchases a vehicle in another state and transports | ||||||
| 15 | the vehicle to Illinois shall apply for registration and | ||||||
| 16 | certificate of title as soon as practicable, but in no event | ||||||
| 17 | more than 45 days after the purchase of the vehicle. If an | ||||||
| 18 | Illinois motorist who purchased a vehicle from an out-of-state | ||||||
| 19 | licensed dealer is unable to meet the 45-day deadline due to a | ||||||
| 20 | delay in paperwork from the seller, that motorist may obtain | ||||||
| 21 | an Illinois temporary registration plate with: (i) proof of | ||||||
| 22 | purchase; (ii) proof of meeting the Illinois driver's license | ||||||
| 23 | or identification card requirement; and (iii) proof that | ||||||
| 24 | Illinois title and registration fees have been paid. If fees | ||||||
| 25 | have not been paid, the motorist may pay the fees in order to | ||||||
| 26 | obtain the temporary registration plate. The owner of such a | ||||||
| |||||||
| |||||||
| 1 | vehicle shall display any temporary permit or registration | ||||||
| 2 | issued in accordance with Section 3-407. | ||||||
| 3 | (Source: P.A. 103-209, eff. 1-1-24; 103-899, eff. 8-9-24; | ||||||
| 4 | 104-417, eff. 8-15-25.) | ||||||
| 5 | (625 ILCS 5/6-102) (from Ch. 95 1/2, par. 6-102) | ||||||
| 6 | Sec. 6-102. What persons are exempt. The following persons | ||||||
| 7 | are exempt from the requirements of Section 6-101 and are not | ||||||
| 8 | required to have an Illinois drivers license or permit if one | ||||||
| 9 | or more of the following qualifying exemptions are met and | ||||||
| 10 | apply: | ||||||
| 11 | 1. Any employee of the United States Government or any | ||||||
| 12 | member of the Armed Forces of the United States, while | ||||||
| 13 | operating a motor vehicle owned by or leased to the United | ||||||
| 14 | States Government and being operated on official business | ||||||
| 15 | need not be licensed; | ||||||
| 16 | 2. A nonresident who has in the nonresident's his | ||||||
| 17 | immediate possession a valid license issued to the | ||||||
| 18 | nonresident him in the nonresident's his home state or | ||||||
| 19 | country may operate a motor vehicle for which the | ||||||
| 20 | nonresident he is licensed for the period during which the | ||||||
| 21 | nonresident he is in this State; | ||||||
| 22 | 3. A nonresident and the nonresident's his spouse and | ||||||
| 23 | children living with the nonresident him who is a student | ||||||
| 24 | at a college or university in Illinois who have a valid | ||||||
| 25 | license issued by their home State. | ||||||
| |||||||
| |||||||
| 1 | 4. A person operating a road machine temporarily upon | ||||||
| 2 | a highway or operating a farm tractor between the home | ||||||
| 3 | farm buildings and any adjacent or nearby farm land for | ||||||
| 4 | the exclusive purpose of conducting farm operations need | ||||||
| 5 | not be licensed as a driver. | ||||||
| 6 | 5. A resident of this State who has been serving as a | ||||||
| 7 | member or as a civilian employee of the Armed Forces of the | ||||||
| 8 | United States, or as a civilian employee of the United | ||||||
| 9 | States Department of Defense, outside the Continental | ||||||
| 10 | limits of the United States, for a period of 120 days | ||||||
| 11 | following the resident's his return to the continental | ||||||
| 12 | limits of the United States. | ||||||
| 13 | 6. A nonresident on active duty in the Armed Forces of | ||||||
| 14 | the United States who has a valid license issued by the | ||||||
| 15 | nonresident's his home state and such nonresident's | ||||||
| 16 | spouse, and dependent children and living with parents, | ||||||
| 17 | who have a valid license issued by their home state. | ||||||
| 18 | 7. A nonresident who becomes a resident of this State, | ||||||
| 19 | may for a period of the first 90 days of residence in | ||||||
| 20 | Illinois operate any motor vehicle which he was qualified | ||||||
| 21 | or licensed to drive by the nonresident's his home state | ||||||
| 22 | or country so long as the nonresident he has in the | ||||||
| 23 | nonresident's his possession, a valid and current license | ||||||
| 24 | issued to the nonresident him by the nonresident's his | ||||||
| 25 | home state or country. Upon expiration of such 90-day 90 | ||||||
| 26 | day period, such new resident must comply with the | ||||||
| |||||||
| |||||||
| 1 | provisions of this Act and apply for an Illinois license | ||||||
| 2 | or permit. | ||||||
| 3 | 8. An engineer, conductor, brakeman, or any other | ||||||
| 4 | member of the crew of a locomotive or train being operated | ||||||
| 5 | upon rails, including operation on a railroad crossing | ||||||
| 6 | over a public street, road or highway. Such person is not | ||||||
| 7 | required to display a driver's license to any law | ||||||
| 8 | enforcement officer in connection with the operation of a | ||||||
| 9 | locomotive or train within this State. | ||||||
| 10 | 9. (Blank). Persons operating low-speed electric | ||||||
| 11 | scooters in accordance with Section 11-1518. | ||||||
| 12 | 10. Persons operating an electric micromobility | ||||||
| 13 | device. | ||||||
| 14 | The provisions of this Section granting exemption to any | ||||||
| 15 | nonresident shall be operative to the same extent that the | ||||||
| 16 | laws of the State or country of such nonresident grant like | ||||||
| 17 | exemption to residents of this State. | ||||||
| 18 | The Secretary of State may implement the exemption | ||||||
| 19 | provisions of this Section by inclusion thereof in a | ||||||
| 20 | reciprocity agreement, arrangement or declaration issued | ||||||
| 21 | pursuant to this Act. | ||||||
| 22 | (Source: P.A. 103-899, eff. 8-9-24.) | ||||||
| 23 | (625 ILCS 5/7-601) (from Ch. 95 1/2, par. 7-601) | ||||||
| 24 | Sec. 7-601. Required liability insurance policy. | ||||||
| 25 | (a) No person shall operate, register or maintain | ||||||
| |||||||
| |||||||
| 1 | registration of, and no owner shall permit another person to | ||||||
| 2 | operate, register or maintain registration of, a motor vehicle | ||||||
| 3 | designed to be used on a public highway in this State unless | ||||||
| 4 | the motor vehicle is covered by a liability insurance policy. | ||||||
| 5 | The insurance policy shall be issued in amounts no less | ||||||
| 6 | than the minimum amounts set for bodily injury or death and for | ||||||
| 7 | destruction of property under Section 7-203 of this Code, and | ||||||
| 8 | shall be issued in accordance with the requirements of | ||||||
| 9 | Sections 143a and 143a-2 of the Illinois Insurance Code, as | ||||||
| 10 | amended. No insurer other than an insurer authorized to do | ||||||
| 11 | business in this State shall issue a policy pursuant to this | ||||||
| 12 | Section for any vehicle subject to registration under this | ||||||
| 13 | Code. Nothing herein shall deprive an insurer of any policy | ||||||
| 14 | defense available at common law. | ||||||
| 15 | (b) The following vehicles are exempt from the | ||||||
| 16 | requirements of this Section: | ||||||
| 17 | (1) vehicles subject to the provisions of Chapters 8 | ||||||
| 18 | or 18a, Article III or Section 7-609 of Chapter 7, or | ||||||
| 19 | Sections 12-606 or 12-707.01 of Chapter 12 of this Code; | ||||||
| 20 | (2) vehicles required to file proof of liability | ||||||
| 21 | insurance with the Illinois Commerce Commission; | ||||||
| 22 | (3) vehicles covered by a certificate of | ||||||
| 23 | self-insurance under Section 7-502 of this Code; | ||||||
| 24 | (4) vehicles owned by the United States, the State of | ||||||
| 25 | Illinois, or any political subdivision, municipality or | ||||||
| 26 | local mass transit district; | ||||||
| |||||||
| |||||||
| 1 | (5) implements of husbandry; | ||||||
| 2 | (6) other vehicles complying with laws which require | ||||||
| 3 | them to be insured in amounts meeting or exceeding the | ||||||
| 4 | minimum amounts required under this Section; and | ||||||
| 5 | (7) inoperable or stored vehicles that are not | ||||||
| 6 | operated, as defined by rules and regulations of the | ||||||
| 7 | Secretary; and . | ||||||
| 8 | (8) electric micromobility devices. | ||||||
| 9 | (c) Every employee of a State agency, as that term is | ||||||
| 10 | defined in the Illinois State Auditing Act, who is assigned a | ||||||
| 11 | specific vehicle owned or leased by the State on an ongoing | ||||||
| 12 | basis shall provide the certification described in this | ||||||
| 13 | Section annually to the director or chief executive officer of | ||||||
| 14 | the employee's his or her agency. | ||||||
| 15 | The certification shall affirm that the employee is duly | ||||||
| 16 | licensed to drive the assigned vehicle and that (i) the | ||||||
| 17 | employee has liability insurance coverage extending to the | ||||||
| 18 | employee when the assigned vehicle is used for other than | ||||||
| 19 | official State business, or (ii) the employee has filed a bond | ||||||
| 20 | with the Secretary of State as proof of financial | ||||||
| 21 | responsibility, in an amount equal to, or in excess of the | ||||||
| 22 | requirements stated within this Section. Upon request of the | ||||||
| 23 | agency director or chief executive officer, the employee shall | ||||||
| 24 | present evidence to support the certification. | ||||||
| 25 | The certification shall be provided during the period July | ||||||
| 26 | 1 through July 31 of each calendar year, or within 30 days of | ||||||
| |||||||
| |||||||
| 1 | any new assignment of a vehicle on an ongoing basis, whichever | ||||||
| 2 | is later. | ||||||
| 3 | The employee's authorization to use the assigned vehicle | ||||||
| 4 | shall automatically be rescinded upon: | ||||||
| 5 | (1) the revocation or suspension of the license | ||||||
| 6 | required to drive the assigned vehicle; | ||||||
| 7 | (2) the cancellation or termination for any reason of | ||||||
| 8 | the automobile liability insurance coverage as required in | ||||||
| 9 | item (c)(i); or | ||||||
| 10 | (3) the termination of the bond filed with the | ||||||
| 11 | Secretary of State. | ||||||
| 12 | All State employees providing the required certification | ||||||
| 13 | shall immediately notify the agency director or chief | ||||||
| 14 | executive officer in the event any of these actions occur. | ||||||
| 15 | All peace officers employed by a State agency who are | ||||||
| 16 | primarily responsible for prevention and detection of crime | ||||||
| 17 | and the enforcement of the criminal, traffic, or highway laws | ||||||
| 18 | of this State, and prohibited by agency rule or policy to use | ||||||
| 19 | an assigned vehicle owned or leased by the State for regular | ||||||
| 20 | personal or off-duty use, are exempt from the requirements of | ||||||
| 21 | this Section. | ||||||
| 22 | (d) No person shall operate a motor vehicle registered in | ||||||
| 23 | another state upon the highways of this State unless the | ||||||
| 24 | vehicle is covered by a liability insurance policy. The | ||||||
| 25 | operator of the vehicle shall carry within the vehicle | ||||||
| 26 | evidence of the insurance. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 100-202, eff. 1-1-18; 100-828, eff. 1-1-19.) | ||||||
| 2 | (625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208) | ||||||
| 3 | Sec. 11-208. Powers of local authorities. | ||||||
| 4 | (a) The provisions of this Code shall not be deemed to | ||||||
| 5 | prevent local authorities with respect to streets and highways | ||||||
| 6 | under their jurisdiction and within the reasonable exercise of | ||||||
| 7 | the police power from: | ||||||
| 8 | 1. Regulating the standing or parking of vehicles, | ||||||
| 9 | except as limited by Sections 11-1306 and 11-1307 of this | ||||||
| 10 | Act; | ||||||
| 11 | 2. Regulating traffic by means of police officers or | ||||||
| 12 | traffic control signals; | ||||||
| 13 | 3. Regulating or prohibiting processions or | ||||||
| 14 | assemblages on the highways; and certifying persons to | ||||||
| 15 | control traffic for processions or assemblages; | ||||||
| 16 | 4. Designating particular highways as one-way highways | ||||||
| 17 | and requiring that all vehicles thereon be moved in one | ||||||
| 18 | specific direction; | ||||||
| 19 | 5. Regulating the speed of vehicles in public parks | ||||||
| 20 | subject to the limitations set forth in Section 11-604; | ||||||
| 21 | 6. Designating any highway as a through highway, as | ||||||
| 22 | authorized in Section 11-302, and requiring that all | ||||||
| 23 | vehicles stop before entering or crossing the same or | ||||||
| 24 | designating any intersection as a stop intersection or a | ||||||
| 25 | yield right-of-way intersection and requiring all vehicles | ||||||
| |||||||
| |||||||
| 1 | to stop or yield the right-of-way at one or more entrances | ||||||
| 2 | to such intersections; | ||||||
| 3 | 7. Restricting the use of highways as authorized in | ||||||
| 4 | Chapter 15; | ||||||
| 5 | 8. Regulating the operation of mobile carrying devices | ||||||
| 6 | and , bicycles, low-speed electric bicycles, and low-speed | ||||||
| 7 | gas bicycles, and requiring the registration and licensing | ||||||
| 8 | of same, including the requirement of a registration fee; | ||||||
| 9 | 9. Regulating or prohibiting the turning of vehicles | ||||||
| 10 | or specified types of vehicles at intersections; | ||||||
| 11 | 10. Altering the speed limits as authorized in Section | ||||||
| 12 | 11-604; | ||||||
| 13 | 11. Prohibiting U-turns; | ||||||
| 14 | 12. Prohibiting pedestrian crossings at other than | ||||||
| 15 | designated and marked crosswalks or at intersections; | ||||||
| 16 | 13. Prohibiting parking during snow removal operation; | ||||||
| 17 | 14. Imposing fines in accordance with Section | ||||||
| 18 | 11-1301.3 as penalties for use of any parking place | ||||||
| 19 | reserved for persons with disabilities, as defined by | ||||||
| 20 | Section 1-159.1, or veterans with disabilities by any | ||||||
| 21 | person using a motor vehicle not bearing registration | ||||||
| 22 | plates specified in Section 11-1301.1 or a special decal | ||||||
| 23 | or device as defined in Section 11-1301.2 as evidence that | ||||||
| 24 | the vehicle is operated by or for a person with | ||||||
| 25 | disabilities or a veteran with a disability; | ||||||
| 26 | 15. Adopting such other traffic regulations as are | ||||||
| |||||||
| |||||||
| 1 | specifically authorized by this Code; or | ||||||
| 2 | 16. Enforcing the provisions of subsection (f) of | ||||||
| 3 | Section 3-413 of this Code or a similar local ordinance. | ||||||
| 4 | (b) No ordinance or regulation enacted under paragraph 1, | ||||||
| 5 | 4, 5, 6, 7, 9, 10, 11, or 13 of subsection (a) shall be | ||||||
| 6 | effective until signs giving reasonable notice of such local | ||||||
| 7 | traffic regulations are posted. | ||||||
| 8 | (c) The provisions of this Code shall not prevent any | ||||||
| 9 | municipality having a population of 500,000 or more | ||||||
| 10 | inhabitants from prohibiting any person from driving or | ||||||
| 11 | operating any motor vehicle upon the roadways of such | ||||||
| 12 | municipality with headlamps on high beam or bright. | ||||||
| 13 | (d) The provisions of this Code shall not be deemed to | ||||||
| 14 | prevent local authorities within the reasonable exercise of | ||||||
| 15 | their police power from prohibiting, on private property, the | ||||||
| 16 | unauthorized use of parking spaces reserved for persons with | ||||||
| 17 | disabilities. | ||||||
| 18 | (e) No unit of local government, including a home rule | ||||||
| 19 | unit, may enact or enforce an ordinance that applies only to | ||||||
| 20 | motorcycles if the principal purpose for that ordinance is to | ||||||
| 21 | restrict the access of motorcycles to any highway or portion | ||||||
| 22 | of a highway for which federal or State funds have been used | ||||||
| 23 | for the planning, design, construction, or maintenance of that | ||||||
| 24 | highway. No unit of local government, including a home rule | ||||||
| 25 | unit, may enact an ordinance requiring motorcycle users to | ||||||
| 26 | wear protective headgear. Nothing in this subsection (e) shall | ||||||
| |||||||
| |||||||
| 1 | affect the authority of a unit of local government to regulate | ||||||
| 2 | motorcycles for traffic control purposes or in accordance with | ||||||
| 3 | Section 12-602 of this Code. No unit of local government, | ||||||
| 4 | including a home rule unit, may regulate motorcycles in a | ||||||
| 5 | manner inconsistent with this Code. This subsection (e) is a | ||||||
| 6 | limitation under subsection (i) of Section 6 of Article VII of | ||||||
| 7 | the Illinois Constitution on the concurrent exercise by home | ||||||
| 8 | rule units of powers and functions exercised by the State. | ||||||
| 9 | (e-5) The City of Chicago may enact an ordinance providing | ||||||
| 10 | for a noise monitoring system upon any portion of the roadway | ||||||
| 11 | known as Lake Shore Drive. Twelve months after the | ||||||
| 12 | installation of the noise monitoring system, and any time | ||||||
| 13 | after the first report as the City deems necessary, the City of | ||||||
| 14 | Chicago shall prepare a noise monitoring report with the data | ||||||
| 15 | collected from the system and shall, upon request, make the | ||||||
| 16 | report available to the public. For purposes of this | ||||||
| 17 | subsection (e-5), "noise monitoring system" means an automated | ||||||
| 18 | noise monitor capable of recording noise levels 24 hours per | ||||||
| 19 | day and 365 days per year with computer equipment sufficient | ||||||
| 20 | to process the data. | ||||||
| 21 | (e-10) A unit of local government, including a home rule | ||||||
| 22 | unit, may not enact an ordinance prohibiting the use of | ||||||
| 23 | Automated Driving System equipped vehicles on its roadways. | ||||||
| 24 | Nothing in this subsection (e-10) shall affect the authority | ||||||
| 25 | of a unit of local government to regulate Automated Driving | ||||||
| 26 | System equipped vehicles for traffic control purposes. No unit | ||||||
| |||||||
| |||||||
| 1 | of local government, including a home rule unit, may regulate | ||||||
| 2 | Automated Driving System equipped vehicles in a manner | ||||||
| 3 | inconsistent with this Code. For purposes of this subsection | ||||||
| 4 | (e-10), "Automated Driving System equipped vehicle" means any | ||||||
| 5 | vehicle equipped with an Automated Driving System of hardware | ||||||
| 6 | and software that are collectively capable of performing the | ||||||
| 7 | entire dynamic driving task on a sustained basis, regardless | ||||||
| 8 | of whether it is limited to a specific operational domain. | ||||||
| 9 | This subsection (e-10) is a limitation under subsection (i) of | ||||||
| 10 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
| 11 | concurrent exercise by home rule units of powers and functions | ||||||
| 12 | exercised by the State. | ||||||
| 13 | (f) A municipality or county designated in Section | ||||||
| 14 | 11-208.6 may enact an ordinance providing for an automated | ||||||
| 15 | traffic law enforcement system to enforce violations of this | ||||||
| 16 | Code or a similar provision of a local ordinance and imposing | ||||||
| 17 | liability on a registered owner or lessee of a vehicle used in | ||||||
| 18 | such a violation. | ||||||
| 19 | (g) A municipality or county, as provided in Section | ||||||
| 20 | 11-1201.1, may enact an ordinance providing for an automated | ||||||
| 21 | traffic law enforcement system to enforce violations of | ||||||
| 22 | Section 11-1201 of this Code or a similar provision of a local | ||||||
| 23 | ordinance and imposing liability on a registered owner of a | ||||||
| 24 | vehicle used in such a violation. | ||||||
| 25 | (h) A municipality designated in Section 11-208.8 may | ||||||
| 26 | enact an ordinance providing for an automated speed | ||||||
| |||||||
| |||||||
| 1 | enforcement system to enforce violations of Article VI of | ||||||
| 2 | Chapter 11 of this Code or a similar provision of a local | ||||||
| 3 | ordinance. | ||||||
| 4 | (i) A municipality or county designated in Section | ||||||
| 5 | 11-208.9 may enact an ordinance providing for an automated | ||||||
| 6 | traffic law enforcement system to enforce violations of | ||||||
| 7 | Section 11-1414 of this Code or a similar provision of a local | ||||||
| 8 | ordinance and imposing liability on a registered owner or | ||||||
| 9 | lessee of a vehicle used in such a violation. | ||||||
| 10 | (Source: P.A. 100-209, eff. 1-1-18; 100-257, eff. 8-22-17; | ||||||
| 11 | 100-352, eff. 6-1-18; 100-863, eff. 8-14-18; 101-123, eff. | ||||||
| 12 | 7-26-19.) | ||||||
| 13 | (625 ILCS 5/11-317 new) | ||||||
| 14 | Sec. 11-317. Motor driven cycle prohibition signage. On | ||||||
| 15 | any highway, bicycle lane, bicycle path, shared-use path, | ||||||
| 16 | off-road bicycle trail or natural surface trail designated for | ||||||
| 17 | bicycle use, or any other bicycle-specific facility | ||||||
| 18 | established under State or local law for which use of motor | ||||||
| 19 | driven cycles has been prohibited under Section 11-1403.4, the | ||||||
| 20 | State or local government entity having jurisdiction shall | ||||||
| 21 | place permanent signage or pavement markings that notify users | ||||||
| 22 | that operation of motor driven cycles is strictly prohibited. | ||||||
| 23 | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | ||||||
| 24 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
| |||||||
| |||||||
| 1 | other drug or drugs, intoxicating compound or compounds, or | ||||||
| 2 | any combination thereof. | ||||||
| 3 | (a) A person shall not drive or be in actual physical | ||||||
| 4 | control of any vehicle within this State while: | ||||||
| 5 | (1) the alcohol concentration in the person's blood, | ||||||
| 6 | other bodily substance, or breath is 0.08 or more based on | ||||||
| 7 | the definition of blood and breath units in Section | ||||||
| 8 | 11-501.2; | ||||||
| 9 | (2) under the influence of alcohol; | ||||||
| 10 | (3) under the influence of any intoxicating compound | ||||||
| 11 | or combination of intoxicating compounds to a degree that | ||||||
| 12 | renders the person incapable of driving safely; | ||||||
| 13 | (4) under the influence of any other drug or | ||||||
| 14 | combination of drugs to a degree that renders the person | ||||||
| 15 | incapable of safely driving; | ||||||
| 16 | (5) under the combined influence of alcohol, other | ||||||
| 17 | drug or drugs, or intoxicating compound or compounds to a | ||||||
| 18 | degree that renders the person incapable of safely | ||||||
| 19 | driving; | ||||||
| 20 | (6) there is any amount of a drug, substance, or | ||||||
| 21 | compound in the person's breath, blood, other bodily | ||||||
| 22 | substance, or urine resulting from the unlawful use or | ||||||
| 23 | consumption of a controlled substance listed in the | ||||||
| 24 | Illinois Controlled Substances Act, an intoxicating | ||||||
| 25 | compound listed in the Use of Intoxicating Compounds Act, | ||||||
| 26 | or methamphetamine as listed in the Methamphetamine | ||||||
| |||||||
| |||||||
| 1 | Control and Community Protection Act; or | ||||||
| 2 | (7) the person has, within 2 hours of driving or being | ||||||
| 3 | in actual physical control of a vehicle, a | ||||||
| 4 | tetrahydrocannabinol concentration in the person's whole | ||||||
| 5 | blood or other bodily substance as defined in paragraph 6 | ||||||
| 6 | of subsection (a) of Section 11-501.2 of this Code. | ||||||
| 7 | Subject to all other requirements and provisions under | ||||||
| 8 | this Section, this paragraph (7) does not apply to the | ||||||
| 9 | lawful consumption of cannabis by a qualifying patient | ||||||
| 10 | licensed under the Compassionate Use of Medical Cannabis | ||||||
| 11 | Program Act who is in possession of a valid registry card | ||||||
| 12 | issued under that Act, unless that person is impaired by | ||||||
| 13 | the use of cannabis. | ||||||
| 14 | (a-5) The requirements of this Section also apply to | ||||||
| 15 | low-speed electric bicycles and low-speed gas bicycles that | ||||||
| 16 | are operated by a person who is under the influence of alcohol, | ||||||
| 17 | other drug or drugs, intoxicating compound or compounds, or | ||||||
| 18 | any combination thereof. | ||||||
| 19 | (b) The fact that any person charged with violating this | ||||||
| 20 | Section is or has been legally entitled to use alcohol, | ||||||
| 21 | cannabis under the Compassionate Use of Medical Cannabis | ||||||
| 22 | Program Act, other drug or drugs, or intoxicating compound or | ||||||
| 23 | compounds, or any combination thereof, shall not constitute a | ||||||
| 24 | defense against any charge of violating this Section. | ||||||
| 25 | (c) Penalties. | ||||||
| 26 | (1) Except as otherwise provided in this Section, any | ||||||
| |||||||
| |||||||
| 1 | person convicted of violating subsection (a) of this | ||||||
| 2 | Section is guilty of a Class A misdemeanor. | ||||||
| 3 | (2) A person who violates subsection (a) or a similar | ||||||
| 4 | provision a second time shall be sentenced to a mandatory | ||||||
| 5 | minimum term of either 5 days of imprisonment or 240 hours | ||||||
| 6 | of community service in addition to any other criminal or | ||||||
| 7 | administrative sanction. | ||||||
| 8 | (3) A person who violates subsection (a) is subject to | ||||||
| 9 | 6 months of imprisonment, an additional mandatory minimum | ||||||
| 10 | fine of $1,000, and 25 days of community service in a | ||||||
| 11 | program benefiting children if the person was transporting | ||||||
| 12 | a person under the age of 16 at the time of the violation. | ||||||
| 13 | (4) A person who violates subsection (a) a first time, | ||||||
| 14 | if the alcohol concentration in the person's his or her | ||||||
| 15 | blood, breath, other bodily substance, or urine was 0.16 | ||||||
| 16 | or more based on the definition of blood, breath, other | ||||||
| 17 | bodily substance, or urine units in Section 11-501.2, | ||||||
| 18 | shall be subject, in addition to any other penalty that | ||||||
| 19 | may be imposed, to a mandatory minimum of 100 hours of | ||||||
| 20 | community service and a mandatory minimum fine of $500. | ||||||
| 21 | (5) A person who violates subsection (a) a second | ||||||
| 22 | time, if at the time of the second violation the alcohol | ||||||
| 23 | concentration in the person's 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 2 days of imprisonment and a | ||||||
| 3 | mandatory minimum fine of $1,250. | ||||||
| 4 | (d) Aggravated driving under the influence of alcohol, | ||||||
| 5 | other drug or drugs, or intoxicating compound or compounds, or | ||||||
| 6 | any combination thereof. | ||||||
| 7 | (1) Every person convicted of committing a violation | ||||||
| 8 | of this Section shall be guilty of aggravated driving | ||||||
| 9 | under the influence of alcohol, other drug or drugs, or | ||||||
| 10 | intoxicating compound or compounds, or any combination | ||||||
| 11 | thereof if: | ||||||
| 12 | (A) the person committed a violation of subsection | ||||||
| 13 | (a) or a similar provision for the third or subsequent | ||||||
| 14 | time; | ||||||
| 15 | (B) the person committed a violation of subsection | ||||||
| 16 | (a) while driving a school bus with one or more | ||||||
| 17 | passengers on board; | ||||||
| 18 | (C) the person in committing a violation of | ||||||
| 19 | subsection (a) was involved in a motor vehicle crash | ||||||
| 20 | that resulted in great bodily harm or permanent | ||||||
| 21 | disability or disfigurement to another, when the | ||||||
| 22 | violation was a proximate cause of the injuries; | ||||||
| 23 | (D) the person committed a violation of subsection | ||||||
| 24 | (a) and has been previously convicted of violating | ||||||
| 25 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
| 26 | Criminal Code of 2012 or a similar provision of a law | ||||||
| |||||||
| |||||||
| 1 | of another state relating to reckless homicide in | ||||||
| 2 | which the person was determined to have been under the | ||||||
| 3 | influence of alcohol, other drug or drugs, or | ||||||
| 4 | intoxicating compound or compounds as an element of | ||||||
| 5 | the offense or the person has previously been | ||||||
| 6 | convicted under subparagraph (C) or subparagraph (F) | ||||||
| 7 | of this paragraph (1); | ||||||
| 8 | (E) the person, in committing a violation of | ||||||
| 9 | subsection (a) while driving at any speed in a school | ||||||
| 10 | speed zone at a time when a speed limit of 20 miles per | ||||||
| 11 | hour was in effect under subsection (a) of Section | ||||||
| 12 | 11-605 of this Code, was involved in a motor vehicle | ||||||
| 13 | crash that resulted in bodily harm, other than great | ||||||
| 14 | bodily harm or permanent disability or disfigurement, | ||||||
| 15 | to another person, when the violation of subsection | ||||||
| 16 | (a) was a proximate cause of the bodily harm; | ||||||
| 17 | (F) the person, in committing a violation of | ||||||
| 18 | subsection (a), was involved in a motor vehicle crash | ||||||
| 19 | or snowmobile, all-terrain vehicle, or watercraft | ||||||
| 20 | accident that resulted in the death of another person, | ||||||
| 21 | when the violation of subsection (a) was a proximate | ||||||
| 22 | cause of the death; | ||||||
| 23 | (G) the person committed a violation of subsection | ||||||
| 24 | (a) during a period in which the defendant's driving | ||||||
| 25 | privileges are revoked or suspended, where the | ||||||
| 26 | revocation or suspension was for a violation of | ||||||
| |||||||
| |||||||
| 1 | subsection (a) or a similar provision, Section | ||||||
| 2 | 11-501.1, paragraph (b) of Section 11-401, or for | ||||||
| 3 | reckless homicide as defined in Section 9-3 of the | ||||||
| 4 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
| 5 | (H) the person committed the violation while the | ||||||
| 6 | person he or she did not possess a driver's license or | ||||||
| 7 | permit or a restricted driving permit or a judicial | ||||||
| 8 | driving permit or a monitoring device driving permit; | ||||||
| 9 | (I) the person committed the violation while the | ||||||
| 10 | person he or she knew or should have known that the | ||||||
| 11 | vehicle the person he or she was driving was not | ||||||
| 12 | covered by a liability insurance policy; | ||||||
| 13 | (J) the person in committing a violation of | ||||||
| 14 | subsection (a) was involved in a motor vehicle crash | ||||||
| 15 | that resulted in bodily harm, but not great bodily | ||||||
| 16 | harm, to the child under the age of 16 being | ||||||
| 17 | transported by the person, if the violation was the | ||||||
| 18 | proximate cause of the injury; | ||||||
| 19 | (K) the person in committing a second violation of | ||||||
| 20 | subsection (a) or a similar provision was transporting | ||||||
| 21 | a person under the age of 16; or | ||||||
| 22 | (L) the person committed a violation of subsection | ||||||
| 23 | (a) of this Section while transporting one or more | ||||||
| 24 | passengers in a vehicle for-hire. | ||||||
| 25 | (2)(A) Except as provided otherwise, a person | ||||||
| 26 | convicted of aggravated driving under the influence of | ||||||
| |||||||
| |||||||
| 1 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
| 2 | compounds, or any combination thereof is guilty of a Class | ||||||
| 3 | 4 felony. | ||||||
| 4 | (B) A third violation of this Section or a similar | ||||||
| 5 | provision is a Class 2 felony. If at the time of the third | ||||||
| 6 | violation the alcohol concentration in the defendant's his | ||||||
| 7 | or her blood, breath, other bodily substance, or urine was | ||||||
| 8 | 0.16 or more based on the definition of blood, breath, | ||||||
| 9 | other bodily substance, or urine units in Section | ||||||
| 10 | 11-501.2, a mandatory minimum of 90 days of imprisonment | ||||||
| 11 | and a mandatory minimum fine of $2,500 shall be imposed in | ||||||
| 12 | addition to any other criminal or administrative sanction. | ||||||
| 13 | If at the time of the third violation, the defendant was | ||||||
| 14 | transporting a person under the age of 16, a mandatory | ||||||
| 15 | fine of $25,000 and 25 days of community service in a | ||||||
| 16 | program benefiting children shall be imposed in addition | ||||||
| 17 | to any other criminal or administrative sanction. | ||||||
| 18 | (C) A fourth violation of this Section or a similar | ||||||
| 19 | provision is a Class 2 felony, for which a sentence of | ||||||
| 20 | probation or conditional discharge may not be imposed. If | ||||||
| 21 | at the time of the violation, the alcohol concentration in | ||||||
| 22 | the defendant's blood, breath, other bodily substance, or | ||||||
| 23 | urine was 0.16 or more based on the definition of blood, | ||||||
| 24 | breath, other bodily substance, or urine units in Section | ||||||
| 25 | 11-501.2, a mandatory minimum fine of $5,000 shall be | ||||||
| 26 | imposed in addition to any other criminal or | ||||||
| |||||||
| |||||||
| 1 | administrative sanction. If at the time of the fourth | ||||||
| 2 | violation, the defendant was transporting a person under | ||||||
| 3 | the age of 16 a mandatory fine of $25,000 and 25 days of | ||||||
| 4 | community service in a program benefiting children shall | ||||||
| 5 | be imposed in addition to any other criminal or | ||||||
| 6 | administrative sanction. | ||||||
| 7 | (D) A fifth violation of this Section or a similar | ||||||
| 8 | provision is a Class 1 felony, for which a sentence of | ||||||
| 9 | probation or conditional discharge may not be imposed. If | ||||||
| 10 | at the time of the violation, the alcohol concentration in | ||||||
| 11 | the defendant's blood, breath, other bodily substance, or | ||||||
| 12 | urine was 0.16 or more based on the definition of blood, | ||||||
| 13 | breath, other bodily substance, or urine units in Section | ||||||
| 14 | 11-501.2, a mandatory minimum fine of $5,000 shall be | ||||||
| 15 | imposed in addition to any other criminal or | ||||||
| 16 | administrative sanction. If at the time of the fifth | ||||||
| 17 | violation, the defendant was transporting a person under | ||||||
| 18 | the age of 16, a mandatory fine of $25,000, and 25 days of | ||||||
| 19 | community service in a program benefiting children shall | ||||||
| 20 | be imposed in addition to any other criminal or | ||||||
| 21 | administrative sanction. | ||||||
| 22 | (E) A sixth or subsequent violation of this Section or | ||||||
| 23 | similar provision is a Class X felony. If at the time of | ||||||
| 24 | the violation, the alcohol concentration in the | ||||||
| 25 | defendant's blood, breath, other bodily substance, or | ||||||
| 26 | urine was 0.16 or more based on the definition of blood, | ||||||
| |||||||
| |||||||
| 1 | breath, other bodily substance, or urine units in Section | ||||||
| 2 | 11-501.2, a mandatory minimum fine of $5,000 shall be | ||||||
| 3 | imposed in addition to any other criminal or | ||||||
| 4 | administrative sanction. If at the time of the violation, | ||||||
| 5 | the defendant was transporting a person under the age of | ||||||
| 6 | 16, a mandatory fine of $25,000 and 25 days of community | ||||||
| 7 | service in a program benefiting children shall be imposed | ||||||
| 8 | in addition to any other criminal or administrative | ||||||
| 9 | sanction. | ||||||
| 10 | (F) For a violation of subparagraph (C) of paragraph | ||||||
| 11 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
| 12 | a term of imprisonment, shall be sentenced to not less | ||||||
| 13 | than one year nor more than 12 years. | ||||||
| 14 | (G) A violation of subparagraph (F) of paragraph (1) | ||||||
| 15 | of this subsection (d) is a Class 2 felony, for which the | ||||||
| 16 | defendant, unless the court determines that extraordinary | ||||||
| 17 | circumstances exist and require probation, shall be | ||||||
| 18 | sentenced to: (i) a term of imprisonment of not less than 3 | ||||||
| 19 | years and not more than 14 years if the violation resulted | ||||||
| 20 | in the death of one person; or (ii) a term of imprisonment | ||||||
| 21 | of not less than 6 years and not more than 28 years if the | ||||||
| 22 | violation resulted in the deaths of 2 or more persons. | ||||||
| 23 | (H) For a violation of subparagraph (J) of paragraph | ||||||
| 24 | (1) of this subsection (d), a mandatory fine of $2,500, | ||||||
| 25 | and 25 days of community service in a program benefiting | ||||||
| 26 | children shall be imposed in addition to any other | ||||||
| |||||||
| |||||||
| 1 | criminal or administrative sanction. | ||||||
| 2 | (I) A violation of subparagraph (K) of paragraph (1) | ||||||
| 3 | of this subsection (d), is a Class 2 felony and a mandatory | ||||||
| 4 | fine of $2,500, and 25 days of community service in a | ||||||
| 5 | program benefiting children shall be imposed in addition | ||||||
| 6 | to any other criminal or administrative sanction. If the | ||||||
| 7 | child being transported suffered bodily harm, but not | ||||||
| 8 | great bodily harm, in a motor vehicle crash, and the | ||||||
| 9 | violation was the proximate cause of that injury, a | ||||||
| 10 | mandatory fine of $5,000 and 25 days of community service | ||||||
| 11 | in a program benefiting children shall be imposed in | ||||||
| 12 | addition to any other criminal or administrative sanction. | ||||||
| 13 | (J) A violation of subparagraph (D) of paragraph (1) | ||||||
| 14 | of this subsection (d) is a Class 3 felony, for which a | ||||||
| 15 | sentence of probation or conditional discharge may not be | ||||||
| 16 | imposed. | ||||||
| 17 | (3) Any person sentenced under this subsection (d) who | ||||||
| 18 | receives a term of probation or conditional discharge must | ||||||
| 19 | serve a minimum term of either 480 hours of community | ||||||
| 20 | service or 10 days of imprisonment as a condition of the | ||||||
| 21 | probation or conditional discharge in addition to any | ||||||
| 22 | other criminal or administrative sanction. | ||||||
| 23 | (e) Any reference to a prior violation of subsection (a) | ||||||
| 24 | or a similar provision includes any violation of a provision | ||||||
| 25 | of a local ordinance or a provision of a law of another state | ||||||
| 26 | or an offense committed on a military installation that is | ||||||
| |||||||
| |||||||
| 1 | similar to a violation of subsection (a) of this Section. | ||||||
| 2 | (f) The imposition of a mandatory term of imprisonment or | ||||||
| 3 | assignment of community service for a violation of this | ||||||
| 4 | Section shall not be suspended or reduced by the court. | ||||||
| 5 | (g) Any penalty imposed for driving with a license that | ||||||
| 6 | has been revoked for a previous violation of subsection (a) of | ||||||
| 7 | this Section shall be in addition to the penalty imposed for | ||||||
| 8 | any subsequent violation of subsection (a). | ||||||
| 9 | (h) For any prosecution under this Section, a certified | ||||||
| 10 | copy of the driving abstract of the defendant shall be | ||||||
| 11 | admitted as proof of any prior conviction. | ||||||
| 12 | (Source: P.A. 101-363, eff. 8-9-19; 102-982, eff. 7-1-23.) | ||||||
| 13 | (625 ILCS 5/11-1008.5 new) | ||||||
| 14 | Sec. 11-1008.5. Toy vehicles. | ||||||
| 15 | (a) Toy vehicles shall only be operated on sidewalks and | ||||||
| 16 | bicycle paths. Every person operating a toy vehicle upon a | ||||||
| 17 | sidewalk or bicycle path shall be granted all the rights and | ||||||
| 18 | shall be subject to all the duties applicable to a pedestrian. | ||||||
| 19 | The driver of a vehicle shall yield the right-of-way to any | ||||||
| 20 | person operating a toy vehicle. The parent of any child and the | ||||||
| 21 | guardian of any ward shall not authorize or knowingly permit | ||||||
| 22 | any such child or ward who is operating a toy vehicle to | ||||||
| 23 | violate any of the provisions of this Code. | ||||||
| 24 | (b) The use of toy vehicles on property owned, managed, or | ||||||
| 25 | leased by any municipality, park district, forest preserve | ||||||
| |||||||
| |||||||
| 1 | district, conservation district, or transit district is | ||||||
| 2 | allowed, unless specifically prohibited in an ordinance or | ||||||
| 3 | resolution adopted by the municipality, park district, forest | ||||||
| 4 | preserve district, conservation district, or transit district. | ||||||
| 5 | The Department of Natural Resources is authorized to adopt | ||||||
| 6 | administrative rules for the regulation of toy vehicles on any | ||||||
| 7 | and all properties owned, managed, or leased by the Department | ||||||
| 8 | of Natural Resources. | ||||||
| 9 | (c) No person shall knowingly tamper with or modify the | ||||||
| 10 | speed capability or engagement of a toy vehicle beyond the | ||||||
| 11 | original speed capabilities of the device. | ||||||
| 12 | (d) No unit of local government, including a home rule | ||||||
| 13 | unit, may regulate toy vehicles in a manner that is less | ||||||
| 14 | restrictive than this Section. This paragraph is a limitation | ||||||
| 15 | under subsection (i) of Section 6 of Article VII of the | ||||||
| 16 | Illinois Constitution on the concurrent exercise by home rule | ||||||
| 17 | units of powers and functions exercised by the State. | ||||||
| 18 | (625 ILCS 5/11-1403.4 new) | ||||||
| 19 | Sec. 11-1403.4. Operation of motor driven cycles. | ||||||
| 20 | (a) Except as otherwise provided in this Section, a person | ||||||
| 21 | may operate a motor driven cycle upon any public highway, | ||||||
| 22 | street, or roadway in this State. | ||||||
| 23 | (b) Motor driven cycles shall not be operated on any | ||||||
| 24 | sidewalk, bicycle lane, bicycle path, shared-use path, | ||||||
| 25 | off-road bicycle trail or natural surface trail designated for | ||||||
| |||||||
| |||||||
| 1 | bicycle use, or any other bicycle-specific facility | ||||||
| 2 | established under State or local law. For purposes of this | ||||||
| 3 | subsection, "shared-use path" means any paved, off-street | ||||||
| 4 | travel way designed to serve non-motorized vehicles and | ||||||
| 5 | travelers. | ||||||
| 6 | (c) Motor driven cycles shall not be operated upon | ||||||
| 7 | interstate highways or upon any public land where expressly | ||||||
| 8 | prohibited by the State governing body, department, or agency | ||||||
| 9 | having jurisdiction thereof. | ||||||
| 10 | (d) No person shall operate a motor driven cycle unless | ||||||
| 11 | that person is in possession of a valid driver's license. | ||||||
| 12 | Pursuant to Section 6-107.1, the Secretary may issue an | ||||||
| 13 | instruction permit to a person 16 or 17 years of age that | ||||||
| 14 | entitles the holder to drive upon the highways during daylight | ||||||
| 15 | under direct supervision of a licensed motor driven cycle | ||||||
| 16 | operator 21 years of age or older who has a license | ||||||
| 17 | classification to operate such motor driven cycle and at least | ||||||
| 18 | one year of driving experience. | ||||||
| 19 | (e) A person may not operate a motor driven cycle while | ||||||
| 20 | carrying a passenger unless that motor driven cycle was | ||||||
| 21 | manufactured to carry a passenger. | ||||||
| 22 | (f) A motor driven cycle manufactured to accommodate | ||||||
| 23 | passengers may not be operated by a person under the age of 18 | ||||||
| 24 | while transporting a passenger unless the passenger is a | ||||||
| 25 | sibling, stepsibling, child, or stepchild of the operator. | ||||||
| 26 | (g) Each motor driven cycle shall be equipped with a | ||||||
| |||||||
| |||||||
| 1 | speedometer that displays the speed of travel in miles per | ||||||
| 2 | hour. Each motor driven cycle shall also be equipped with or | ||||||
| 3 | display a vehicle identification number and conform with all | ||||||
| 4 | federal vehicle safety standards as well as meet all | ||||||
| 5 | applicable equipment requirements specified in this Article | ||||||
| 6 | and Chapter 12. No person shall knowingly tamper with or | ||||||
| 7 | modify the speed capability or engagement of a motor driven | ||||||
| 8 | cycle beyond its originally intended capability. | ||||||
| 9 | (h) Except as otherwise provided in this Section, every | ||||||
| 10 | person operating a motor driven cycle upon a highway shall be | ||||||
| 11 | granted all of the rights allowed under this Chapter, and | ||||||
| 12 | shall be subject to all of the duties applicable to the driver | ||||||
| 13 | of a vehicle by this Code, except as to any applicable special | ||||||
| 14 | rules and those provisions of this Code which by their nature | ||||||
| 15 | can have no application. | ||||||
| 16 | (i) No retailer, wholesaler, distributor, or manufacturer | ||||||
| 17 | shall market, advertise, label, or otherwise offer for sale a | ||||||
| 18 | motor driven cycle in any manner that would reasonably cause a | ||||||
| 19 | consumer to believe that the vehicle is a device that is not | ||||||
| 20 | subject to the requirements of this Section. Any violation of | ||||||
| 21 | this subsection constitutes an unlawful practice under the | ||||||
| 22 | Consumer Fraud and Deceptive Business Practices Act, and is | ||||||
| 23 | enforceable by the Attorney General or State's Attorneys under | ||||||
| 24 | the Consumer Fraud and Deceptive Business Practices Act. Law | ||||||
| 25 | enforcement officers are authorized to seize or impound | ||||||
| 26 | vehicles marketed or sold in violation of this subsection, | ||||||
| |||||||
| |||||||
| 1 | pending resolution of proceedings initiated pursuant to the | ||||||
| 2 | Consumer Fraud and Deceptive Business Practices Act. In | ||||||
| 3 | addition to any penalty authorized under this subsection, the | ||||||
| 4 | law enforcement agency may provide for the release of properly | ||||||
| 5 | impounded vehicles and for the imposition of a reasonable | ||||||
| 6 | administrative fee related to its confiscation and impounding. | ||||||
| 7 | A retailer, wholesaler, distributor, or manufacturer that | ||||||
| 8 | violates this subsection is subject to a civil penalty not | ||||||
| 9 | exceeding $10,000 for each violation. Each mislabeled or | ||||||
| 10 | falsely marketed vehicle constitutes a separate violation. | ||||||
| 11 | (j) Any motor driven cycle found to be in violation of this | ||||||
| 12 | Section may, in the discretion of the law enforcement agency | ||||||
| 13 | having jurisdiction, be subject to confiscation and | ||||||
| 14 | impoundment. The law enforcement agency may provide for the | ||||||
| 15 | release of properly impounded vehicles and for the imposition | ||||||
| 16 | of a reasonable administrative fee related to its confiscation | ||||||
| 17 | and impounding. The administrative fee shall be waived upon | ||||||
| 18 | verifiable proof that the vehicle was stolen or hijacked at | ||||||
| 19 | the time the vehicle was impounded. | ||||||
| 20 | (k) No unit of local government, including a home rule | ||||||
| 21 | unit, may regulate motor driven cycles. This subsection (k) is | ||||||
| 22 | a denial and limitation of home rule powers and functions | ||||||
| 23 | under subsection (h) of Section 6 of Article VII of the | ||||||
| 24 | Illinois Constitution, and is an exercise of exclusive State | ||||||
| 25 | power which may not be exercised concurrently by a home rule | ||||||
| 26 | unit. | ||||||
| |||||||
| |||||||
| 1 | (l) Every owner of a motor driven cycle is subject to the | ||||||
| 2 | mandatory insurance requirements specified in Article VI of | ||||||
| 3 | Chapter 7 of this Code. | ||||||
| 4 | (m) The Secretary may adopt any rules necessary to | ||||||
| 5 | implement this Section. | ||||||
| 6 | (625 ILCS 5/11-1435 new) | ||||||
| 7 | Sec. 11-1435. Operation of electric micromobility devices. | ||||||
| 8 | (a) Except as otherwise provided in this Section, a person | ||||||
| 9 | may operate an electric micromobility device upon any highway, | ||||||
| 10 | street, roadway, bicycle lane, or bicycle path in this State. | ||||||
| 11 | A person operating an electric micromobility device upon a | ||||||
| 12 | highway, street, or roadway may not otherwise impede or | ||||||
| 13 | obstruct other vehicular traffic. | ||||||
| 14 | (b) An electric micromobility device shall not be operated | ||||||
| 15 | on: | ||||||
| 16 | (1) a sidewalk; | ||||||
| 17 | (2) a highway with a speed limit in excess of 35 miles | ||||||
| 18 | per hour, unless there is a designated bicycle lane on | ||||||
| 19 | such highway; or | ||||||
| 20 | (3) an interstate highway. | ||||||
| 21 | Additionally, any such electric micromobility device | ||||||
| 22 | capable of and operating in excess of 28 miles per hour shall | ||||||
| 23 | be prohibited from operating on any public highway, regardless | ||||||
| 24 | of speed limit, and shall further be prohibited from bicycle | ||||||
| 25 | lanes and bicycle paths. | ||||||
| |||||||
| |||||||
| 1 | (c) The Department of Transportation and the Department of | ||||||
| 2 | Natural Resources may adopt administrative rules prohibiting | ||||||
| 3 | the use of electric micromobility devices upon any highway, | ||||||
| 4 | street, roadway, bicycle lane, or bicycle path under its | ||||||
| 5 | jurisdiction. | ||||||
| 6 | Notwithstanding subsection (o), park districts, forest | ||||||
| 7 | preserve districts, conservation districts, and transit | ||||||
| 8 | districts may, by ordinance or resolution, regulate the use of | ||||||
| 9 | electric micromobility devices upon any bicycle path under its | ||||||
| 10 | jurisdiction. | ||||||
| 11 | (d) A person may not operate an electric micromobility | ||||||
| 12 | device unless the person is 16 years of age or older. | ||||||
| 13 | (e) Every electric micromobility device shall be equipped | ||||||
| 14 | with a functioning brake or mechanism that allows for the | ||||||
| 15 | deceleration of the device when in use that will adequately | ||||||
| 16 | control movement of the device and allow the device to be | ||||||
| 17 | stopped. Every electric micromobility device, when in use at | ||||||
| 18 | nighttime, shall also be equipped with a lamp on the front that | ||||||
| 19 | emits a white light visible from a distance of at least 500 | ||||||
| 20 | feet to the front and with a red reflector on the rear that is | ||||||
| 21 | visible from all distances from 100 feet to 600 feet to the | ||||||
| 22 | rear when directly in front of lawful lower beams of headlamps | ||||||
| 23 | on a motor vehicle, except that a lamp emitting a steady or | ||||||
| 24 | flashing red light visible from a distance of 500 feet to the | ||||||
| 25 | rear may be used in addition to or instead of the red | ||||||
| 26 | reflector. A person operating an electric micromobility device | ||||||
| |||||||
| |||||||
| 1 | at nighttime may also use a headlamp equipped with lighting | ||||||
| 2 | sufficient to meet the visibility requirements of this | ||||||
| 3 | subsection. | ||||||
| 4 | (f) An electric micromobility device may be parked in the | ||||||
| 5 | same manner and at the same locations as a bicycle may be | ||||||
| 6 | parked; however, such device must not obstruct any sidewalk or | ||||||
| 7 | pedestrian right-of-way. | ||||||
| 8 | (g) A person may not use an electric micromobility device | ||||||
| 9 | to carry a passenger unless the device was originally designed | ||||||
| 10 | to carry more than one person at a time. | ||||||
| 11 | (h) No person riding upon any electric micromobility | ||||||
| 12 | device shall attach the device or the person to any vehicle | ||||||
| 13 | upon a roadway. | ||||||
| 14 | (i) No person shall knowingly tamper with or modify the | ||||||
| 15 | speed capability or engagement of an electric micromobility | ||||||
| 16 | device beyond the original speed capability of the device. | ||||||
| 17 | (j) A person may not operate an electric micromobility | ||||||
| 18 | device while under the influence of alcohol or any drug. | ||||||
| 19 | (k) Every electric micromobility device shall be | ||||||
| 20 | well-maintained and in good operating condition. | ||||||
| 21 | (l) An electric micromobility device shall not be equipped | ||||||
| 22 | with a siren nor shall any person use any siren upon an | ||||||
| 23 | electric micromobility device. This subsection does not apply | ||||||
| 24 | to an electric micromobility device used by a police or fire | ||||||
| 25 | department. | ||||||
| 26 | (m) Any electric micromobility device operated in | ||||||
| |||||||
| |||||||
| 1 | violation of or found to be in violation of this Section may, | ||||||
| 2 | in the discretion of the law enforcement agency having | ||||||
| 3 | jurisdiction, be subject to confiscation and impoundment. The | ||||||
| 4 | law enforcement agency may provide for the release of a | ||||||
| 5 | properly impounded vehicle and for the imposition of a | ||||||
| 6 | reasonable administrative fee related to its confiscation and | ||||||
| 7 | impounding. The administrative fee shall be waived upon | ||||||
| 8 | verifiable proof that the vehicle was stolen or hijacked at | ||||||
| 9 | the time the vehicle was impounded. | ||||||
| 10 | (n) Every person operating an electric micromobility | ||||||
| 11 | device upon a highway shall be granted all of the rights | ||||||
| 12 | allowed by this Chapter, and shall be subject to all of the | ||||||
| 13 | duties applicable to the driver of a vehicle by this Code, | ||||||
| 14 | except as to any applicable special rules and those provisions | ||||||
| 15 | of this Code which by their nature can have no application. | ||||||
| 16 | (o) Except as specifically authorized in this Section, no | ||||||
| 17 | unit of local government, including a home rule unit, may | ||||||
| 18 | regulate electric micromobility devices. This subsection (o) | ||||||
| 19 | is a denial and limitation of home rule powers and functions | ||||||
| 20 | under subsection (h) of Section 6 of Article VII of the | ||||||
| 21 | Illinois Constitution, and is an exercise of exclusive State | ||||||
| 22 | power which may not be exercised concurrently by a home rule | ||||||
| 23 | unit. | ||||||
| 24 | (p) The Secretary may adopt any rules necessary to | ||||||
| 25 | implement this Section. | ||||||
| |||||||
| |||||||
| 1 | (625 ILCS 5/11-1435.5 new) | ||||||
| 2 | Sec. 11-1435.5. Personal mobility device accommodation. | ||||||
| 3 | Nothing in this Code shall be construed to prohibit the use of | ||||||
| 4 | or reasonable accommodation for personal mobility devices as | ||||||
| 5 | defined under and meeting the requirements of the Americans | ||||||
| 6 | with Disabilities Act of 1990, including federal regulations | ||||||
| 7 | adopted therefor, when operated by persons with a mobility | ||||||
| 8 | disability. | ||||||
| 9 | (625 ILCS 5/11-1501) (from Ch. 95 1/2, par. 11-1501) | ||||||
| 10 | Sec. 11-1501. Application of rules. | ||||||
| 11 | (a) It is unlawful for any person to do any act forbidden | ||||||
| 12 | or fail to perform any act required in Article XV of Chapter 11 | ||||||
| 13 | of this Code. | ||||||
| 14 | (b) The parent of any child and the guardian of any ward | ||||||
| 15 | shall not authorize or knowingly permit any such child or ward | ||||||
| 16 | to violate any of the provisions of this Code. | ||||||
| 17 | (c) The provisions of this Article XV that apply to | ||||||
| 18 | bicycles also apply to adaptive electric bicycles when | ||||||
| 19 | operated by a person with a mobility disability. | ||||||
| 20 | (d) Except as may otherwise be provided in this Code and to | ||||||
| 21 | the extent practicable, the provisions of Article XV of | ||||||
| 22 | Chapter 11 that apply to bicycles shall also apply to electric | ||||||
| 23 | unicycles. | ||||||
| 24 | (e) Except as may otherwise be provided in this Code and to | ||||||
| 25 | the extent practicable, the provisions of Article XV of | ||||||
| |||||||
| |||||||
| 1 | Chapter 11 that apply to bicycles shall also apply to | ||||||
| 2 | unicycles. | ||||||
| 3 | (Source: P.A. 82-132.) | ||||||
| 4 | (625 ILCS 5/11-1516) | ||||||
| 5 | Sec. 11-1516. Low-speed gas bicycles. | ||||||
| 6 | (a) A person may operate a low-speed gas bicycle only if | ||||||
| 7 | the person is at least 16 years of age. A low-speed gas bicycle | ||||||
| 8 | that is manufactured to accommodate passengers may not be | ||||||
| 9 | operated by a person under the age of 18 with a passenger | ||||||
| 10 | unless the passenger is a sibling, stepsibling, child, or | ||||||
| 11 | stepchild of the operator. | ||||||
| 12 | (a-5) A person may operate a low-speed gas bicycle upon | ||||||
| 13 | any highway, street, or roadway authorized for use by | ||||||
| 14 | bicycles, including, but not limited to, bicycle lanes. | ||||||
| 15 | (a-10) A person may operate a low-speed gas bicycle upon | ||||||
| 16 | any bicycle path unless the State agency with jurisdiction | ||||||
| 17 | prohibits the use of low-speed gas bicycles or a specific | ||||||
| 18 | class of low-speed gas bicycles on that path. The Department | ||||||
| 19 | of Natural Resources is authorized to adopt administrative | ||||||
| 20 | rules for the regulation of low-speed gas bicycles on any and | ||||||
| 21 | all properties owned, managed, or leased by the Department of | ||||||
| 22 | Natural Resources. | ||||||
| 23 | Notwithstanding subsection (e), park districts, forest | ||||||
| 24 | preserve districts, conservation districts, and transit | ||||||
| 25 | districts may, by ordinance or resolution, regulate the use of | ||||||
| |||||||
| |||||||
| 1 | low-speed gas bicycles upon any bicycle path under its | ||||||
| 2 | jurisdiction. | ||||||
| 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) Except as specifically authorized in this Section, no | ||||||
| 12 | unit of local government, including a home rule unit, may | ||||||
| 13 | regulate low-speed gas bicycles. This subsection (e) is a | ||||||
| 14 | denial and limitation of home rule powers and functions under | ||||||
| 15 | subsection (h) of Section 6 of Article VII of the Illinois | ||||||
| 16 | Constitution, and is an exercise of exclusive State power | ||||||
| 17 | which may not be exercised concurrently by a home rule 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 | Notwithstanding subsection (i), park districts, forest | ||||||
| 13 | preserve districts, conservation districts, and transit | ||||||
| 14 | districts may, by ordinance or resolution, regulate the use of | ||||||
| 15 | low-speed electric bicycles upon any bicycle path under its | ||||||
| 16 | jurisdiction. | ||||||
| 17 | (g) A person may not operate a low-speed electric bicycle | ||||||
| 18 | on a sidewalk. | ||||||
| 19 | (h) A person may operate a Class 1 or Class 2 low-speed | ||||||
| 20 | electric bicycle only if the person is 15 years of age or | ||||||
| 21 | older. A person may operate a Class 3 low-speed electric | ||||||
| 22 | bicycle only if the person he or she is 16 years of age or | ||||||
| 23 | older. A person who is less than 16 years of age may ride as a | ||||||
| 24 | passenger on a Class 3 low-speed electric bicycle that is | ||||||
| 25 | designed to accommodate passengers. A low-speed electric | ||||||
| 26 | bicycle that is manufactured to accommodate passengers may not | ||||||
| |||||||
| |||||||
| 1 | be operated by a person under the age of 18 with a passenger | ||||||
| 2 | unless the passenger is a sibling, stepsibling, child, or | ||||||
| 3 | stepchild of the operator. | ||||||
| 4 | (i) Except as specifically authorized in this Section, no | ||||||
| 5 | unit of local government, including a home rule unit, may | ||||||
| 6 | regulate low-speed electric bicycles. This subsection (i) is a | ||||||
| 7 | denial and limitation of home rule powers and functions under | ||||||
| 8 | subsection (h) of Section 6 of Article VII of the Illinois | ||||||
| 9 | Constitution, and is an exercise of exclusive State power | ||||||
| 10 | which may not be exercised concurrently by a home rule unit. | ||||||
| 11 | (Source: P.A. 100-209, eff. 1-1-18.) | ||||||
| 12 | (625 ILCS 5/11-1518 rep.) | ||||||
| 13 | Section 10. The Illinois Vehicle Code is amended by | ||||||
| 14 | repealing Section 11-1518. | ||||||
| 15 | Section 15. The Micromobility Fire Safety Act is amended | ||||||
| 16 | by changing Section 10 as follows: | ||||||
| 17 | (815 ILCS 361/10) | ||||||
| 18 | Sec. 10. Definitions. As used in this Act: | ||||||
| 19 | "Accredited testing laboratory" means an independent | ||||||
| 20 | third-party organization providing certification and testing | ||||||
| 21 | for micromobility products, including low-speed electric | ||||||
| 22 | bicycles and personal e-mobility devices, that has received | ||||||
| 23 | ISO/IEC 17065 or ISO/IEC 17025 accreditation from an | ||||||
| |||||||
| |||||||
| 1 | independent accreditation body that is a member of the | ||||||
| 2 | International Accreditation Forum. | ||||||
| 3 | "Electric micromobility device" has the meaning set forth | ||||||
| 4 | in Section 1-117.6 of the Illinois Vehicle Code. | ||||||
| 5 | "Electric personal assistive mobility device" has the | ||||||
| 6 | meaning set forth in Section 1-117.7 of the Illinois Vehicle | ||||||
| 7 | Code. | ||||||
| 8 | "Lithium-ion battery" or "cell" means a rechargeable | ||||||
| 9 | electrochemical cell or battery in which the positive and | ||||||
| 10 | negative electrodes are both lithium compounds constructed | ||||||
| 11 | with no metallic lithium in either electrode. "Lithium-ion | ||||||
| 12 | battery" or "cell" includes a lithium-ion polymer battery or | ||||||
| 13 | cell that uses lithium-ion chemistries. | ||||||
| 14 | "Low-speed electric scooter" has the meaning set forth in | ||||||
| 15 | Section 1-140.11 of the Illinois Vehicle Code. | ||||||
| 16 | "Moped" has the meaning set forth in Section 1-148.2 of | ||||||
| 17 | the Illinois Vehicle Code. | ||||||
| 18 | "Motor driven Motor-driven cycle" has the meaning set forth | ||||||
| 19 | in Section 1-145.001 of the Illinois Vehicle Code. | ||||||
| 20 | "Off-highway motorcycle" has the meaning set forth in | ||||||
| 21 | Section 1-153.1 of the Illinois Vehicle Code. | ||||||
| 22 | "Personal e-mobility device" means a consumer mobility | ||||||
| 23 | device, other than a low-speed electric bicycle, intended for | ||||||
| 24 | a single rider with a traction battery and electric motor or | ||||||
| 25 | drive train that propels the device, which may be | ||||||
| 26 | self-balancing and may be provided with a handle for grasping | ||||||
| |||||||
| |||||||
| 1 | while riding, a seat for the rider, or operable pedals. | ||||||
| 2 | "Personal e-mobility device" includes an electric personal | ||||||
| 3 | assistive mobility device and electric micromobility device | ||||||
| 4 | low-speed electric scooter. "Personal e-mobility device" also | ||||||
| 5 | includes a skateboard, motor driven motor-driven cycle, moped, | ||||||
| 6 | and off-highway motorcycle, if those vehicles are propelled by | ||||||
| 7 | an electric motor. | ||||||
| 8 | "Recycling" means any process by which materials that | ||||||
| 9 | would otherwise become waste are collected, separated, or | ||||||
| 10 | processed for the purpose of returning the materials to the | ||||||
| 11 | economic mainstream in the form of raw materials for new | ||||||
| 12 | products. | ||||||
| 13 | "Traction battery" means a rechargeable lithium-ion | ||||||
| 14 | battery used to power the electric drive motor of a low-speed | ||||||
| 15 | electric bicycle bicycles or personal e-mobility device | ||||||
| 16 | devices. | ||||||
| 17 | (Source: P.A. 104-414, eff. 1-1-26.) | ||||||
| 18 | Section 20. The Consumer Fraud and Deceptive Business | ||||||
| 19 | Practices Act is amended by changing Section 2Z as follows: | ||||||
| 20 | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z) | ||||||
| 21 | Sec. 2Z. Violations of other Acts. Any person who | ||||||
| 22 | knowingly violates the Automotive Repair Act, the Automotive | ||||||
| 23 | Collision Repair Act, the Home Repair and Remodeling Act, the | ||||||
| 24 | Dance Studio Act, the Physical Fitness Services Act, the | ||||||
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| 1 | Hearing Instrument Consumer Protection Act, the Illinois Union | ||||||
| 2 | Label Act, the Installment Sales Contract Act, the Job | ||||||
| 3 | Referral and Job Listing Services Consumer Protection Act, the | ||||||
| 4 | Travel Promotion Consumer Protection Act, the Credit Services | ||||||
| 5 | Organizations Act, the Automatic Telephone Dialers Act, the | ||||||
| 6 | Pay-Per-Call Services Consumer Protection Act, the Telephone | ||||||
| 7 | Solicitations Act, the Illinois Funeral or Burial Funds Act, | ||||||
| 8 | the Cemetery Oversight Act, the Cemetery Care Act, the Safe | ||||||
| 9 | and Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales | ||||||
| 10 | Act, the High Risk Home Loan Act, the Payday Loan Reform Act, | ||||||
| 11 | the Predatory Loan Prevention Act, the Mortgage Rescue Fraud | ||||||
| 12 | Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax | ||||||
| 13 | Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use | ||||||
| 14 | Tax Act, the Electronic Mail Act, the Internet Caller | ||||||
| 15 | Identification Act, paragraph (6) of subsection (k) of Section | ||||||
| 16 | 6-305 of the Illinois Vehicle Code, Section 11-1431, 18d-115, | ||||||
| 17 | 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois | ||||||
| 18 | Vehicle Code, subsection (i) of Section 11-1403.4 of the | ||||||
| 19 | Illinois Vehicle Code, Article 3 of the Residential Real | ||||||
| 20 | Property Disclosure Act, the Automatic Contract Renewal Act, | ||||||
| 21 | the Reverse Mortgage Act, Section 25 of the Youth Mental | ||||||
| 22 | Health Protection Act, the Personal Information Protection | ||||||
| 23 | Act, or the Student Online Personal Protection Act commits an | ||||||
| 24 | unlawful practice within the meaning of this Act. | ||||||
| 25 | (Source: P.A. 100-315, eff. 8-24-17; 100-416, eff. 1-1-18; | ||||||
| 26 | 100-863, eff. 8-14-18; 101-658, eff. 3-23-21.) | ||||||
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| 1 | Section 99. Effective date. This Act takes effect January | ||||||
| 2 | 1, 2027.". | ||||||
