Bill Text: IL HB0791 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Illinois Vehicle Code. Provides that a unit of local government, including a home rule unit, may not enact an ordinance prohibiting the use of autonomous vehicles on its roadways. Limits the concurrent exercise of home rule powers. Defines "autonomous vehicle".

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Enrolled) 2017-07-21 - Sent to the Governor [HB0791 Detail]

Download: Illinois-2017-HB0791-Enrolled.html



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1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by changing
5Section 11-208 as follows:
6 (625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208)
7 Sec. 11-208. Powers of local authorities.
8 (a) The provisions of this Code shall not be deemed to
9prevent local authorities with respect to streets and highways
10under their jurisdiction and within the reasonable exercise of
11the police power from:
12 1. Regulating the standing or parking of vehicles,
13 except as limited by Sections 11-1306 and 11-1307 of this
14 Act;
15 2. Regulating traffic by means of police officers or
16 traffic control signals;
17 3. Regulating or prohibiting processions or
18 assemblages on the highways; and certifying persons to
19 control traffic for processions or assemblages;
20 4. Designating particular highways as one-way highways
21 and requiring that all vehicles thereon be moved in one
22 specific direction;
23 5. Regulating the speed of vehicles in public parks

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1 subject to the limitations set forth in Section 11-604;
2 6. Designating any highway as a through highway, as
3 authorized in Section 11-302, and requiring that all
4 vehicles stop before entering or crossing the same or
5 designating any intersection as a stop intersection or a
6 yield right-of-way intersection and requiring all vehicles
7 to stop or yield the right-of-way at one or more entrances
8 to such intersections;
9 7. Restricting the use of highways as authorized in
10 Chapter 15;
11 8. Regulating the operation of bicycles and requiring
12 the registration and licensing of same, including the
13 requirement of a registration fee;
14 9. Regulating or prohibiting the turning of vehicles or
15 specified types of vehicles at intersections;
16 10. Altering the speed limits as authorized in Section
17 11-604;
18 11. Prohibiting U-turns;
19 12. Prohibiting pedestrian crossings at other than
20 designated and marked crosswalks or at intersections;
21 13. Prohibiting parking during snow removal operation;
22 14. Imposing fines in accordance with Section
23 11-1301.3 as penalties for use of any parking place
24 reserved for persons with disabilities, as defined by
25 Section 1-159.1, or veterans with disabilities by any
26 person using a motor vehicle not bearing registration

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1 plates specified in Section 11-1301.1 or a special decal or
2 device as defined in Section 11-1301.2 as evidence that the
3 vehicle is operated by or for a person with disabilities or
4 a veteran with a disability;
5 15. Adopting such other traffic regulations as are
6 specifically authorized by this Code; or
7 16. Enforcing the provisions of subsection (f) of
8 Section 3-413 of this Code or a similar local ordinance.
9 (b) No ordinance or regulation enacted under subsections 1,
104, 5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be effective
11until signs giving reasonable notice of such local traffic
12regulations are posted.
13 (c) The provisions of this Code shall not prevent any
14municipality having a population of 500,000 or more inhabitants
15from prohibiting any person from driving or operating any motor
16vehicle upon the roadways of such municipality with headlamps
17on high beam or bright.
18 (d) The provisions of this Code shall not be deemed to
19prevent local authorities within the reasonable exercise of
20their police power from prohibiting, on private property, the
21unauthorized use of parking spaces reserved for persons with
22disabilities.
23 (e) No unit of local government, including a home rule
24unit, may enact or enforce an ordinance that applies only to
25motorcycles if the principal purpose for that ordinance is to
26restrict the access of motorcycles to any highway or portion of

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1a highway for which federal or State funds have been used for
2the planning, design, construction, or maintenance of that
3highway. No unit of local government, including a home rule
4unit, may enact an ordinance requiring motorcycle users to wear
5protective headgear. Nothing in this subsection (e) shall
6affect the authority of a unit of local government to regulate
7motorcycles for traffic control purposes or in accordance with
8Section 12-602 of this Code. No unit of local government,
9including a home rule unit, may regulate motorcycles in a
10manner inconsistent with this Code. This subsection (e) is a
11limitation under subsection (i) of Section 6 of Article VII of
12the Illinois Constitution on the concurrent exercise by home
13rule units of powers and functions exercised by the State.
14 (e-5) A unit of local government, including a home rule
15unit, may not enact an ordinance prohibiting the use of
16Automated Driving System equipped vehicles on its roadways.
17Nothing in this subsection (e-5) shall affect the authority of
18a unit of local government to regulate Automated Driving System
19equipped vehicles for traffic control purposes. No unit of
20local government, including a home rule unit, may regulate
21Automated Driving System equipped vehicles in a manner
22inconsistent with this Code. For purposes of this subsection
23(e-5), "Automated Driving System equipped vehicle" means any
24vehicle equipped with an Automated Driving System of hardware
25and software that are collectively capable of performing the
26entire dynamic driving task on a sustained basis, regardless of

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1whether it is limited to a specific operational domain. This
2subsection (e-5) is a limitation under subsection (i) of
3Section 6 of Article VII of the Illinois Constitution on the
4concurrent exercise by home rule units of powers and functions
5exercised by the State.
6 (f) A municipality or county designated in Section 11-208.6
7may enact an ordinance providing for an automated traffic law
8enforcement system to enforce violations of this Code or a
9similar provision of a local ordinance and imposing liability
10on a registered owner or lessee of a vehicle used in such a
11violation.
12 (g) A municipality or county, as provided in Section
1311-1201.1, may enact an ordinance providing for an automated
14traffic law enforcement system to enforce violations of Section
1511-1201 of this Code or a similar provision of a local
16ordinance and imposing liability on a registered owner of a
17vehicle used in such a violation.
18 (h) A municipality designated in Section 11-208.8 may enact
19an ordinance providing for an automated speed enforcement
20system to enforce violations of Article VI of Chapter 11 of
21this Code or a similar provision of a local ordinance.
22 (i) A municipality or county designated in Section 11-208.9
23may enact an ordinance providing for an automated traffic law
24enforcement system to enforce violations of Section 11-1414 of
25this Code or a similar provision of a local ordinance and
26imposing liability on a registered owner or lessee of a vehicle

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1used in such a violation.
2(Source: P.A. 98-396, eff. 1-1-14; 98-556, eff. 1-1-14; 98-756,
3eff. 7-16-14; 99-143, eff. 7-27-15.)
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