Bill Text: IL HB0791 | 2017-2018 | 100th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0352 [HB0791 Detail]
Download: Illinois-2017-HB0791-Enrolled.html
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: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0352 [HB0791 Detail]
Download: Illinois-2017-HB0791-Enrolled.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Section 11-208 as follows:
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6 | (625 ILCS 5/11-208)
(from Ch. 95 1/2, par. 11-208)
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7 | Sec. 11-208. Powers of local authorities.
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8 | (a) The provisions of this Code shall not be deemed to | ||||||
9 | prevent
local authorities with respect to streets and highways | ||||||
10 | under their
jurisdiction and within the reasonable exercise of | ||||||
11 | the police power from:
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12 | 1. Regulating the standing or parking of vehicles, | ||||||
13 | except as
limited by Sections 11-1306 and 11-1307 of this | ||||||
14 | Act;
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15 | 2. Regulating traffic by means of police officers or | ||||||
16 | traffic control
signals;
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17 | 3. Regulating or prohibiting processions or | ||||||
18 | assemblages on the highways; and certifying persons to | ||||||
19 | control traffic for processions or assemblages;
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20 | 4. Designating particular highways as one-way highways | ||||||
21 | and requiring that
all vehicles thereon be moved in one | ||||||
22 | specific direction;
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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;
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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;
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9 | 7. Restricting the use of highways as authorized in | ||||||
10 | Chapter 15;
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11 | 8. Regulating the operation of bicycles and requiring | ||||||
12 | the
registration and licensing of same, including the | ||||||
13 | requirement of a
registration fee;
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14 | 9. Regulating or prohibiting the turning of vehicles or | ||||||
15 | specified
types of vehicles at intersections;
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16 | 10. Altering the speed limits as authorized in Section | ||||||
17 | 11-604;
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18 | 11. Prohibiting U-turns;
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19 | 12. Prohibiting pedestrian crossings at other than | ||||||
20 | designated and marked
crosswalks or at intersections;
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21 | 13. Prohibiting parking during snow removal operation;
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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;
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5 | 15. Adopting such other traffic regulations as are | ||||||
6 | specifically
authorized by this Code; or
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7 | 16. Enforcing the provisions of subsection (f) of | ||||||
8 | Section 3-413 of this
Code or a similar local ordinance.
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9 | (b) No ordinance or regulation enacted under subsections 1, | ||||||
10 | 4, 5, 6, 7,
9, 10, 11 or 13 of paragraph (a) shall be effective | ||||||
11 | until signs giving
reasonable notice of such local traffic | ||||||
12 | regulations are posted.
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13 | (c) The provisions of this Code shall not prevent any
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14 | municipality having a population of 500,000 or more inhabitants | ||||||
15 | from
prohibiting any person from driving or operating any motor | ||||||
16 | vehicle upon
the roadways of such municipality with headlamps | ||||||
17 | on high beam or bright.
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18 | (d) The provisions of this Code shall not be deemed to | ||||||
19 | prevent local
authorities within the reasonable exercise of | ||||||
20 | their police power from
prohibiting, on private property, the | ||||||
21 | unauthorized use of parking spaces
reserved for persons with | ||||||
22 | disabilities.
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23 | (e) No unit of local government, including a home rule | ||||||
24 | unit, may enact or
enforce an ordinance that applies only to | ||||||
25 | motorcycles if the principal purpose
for that ordinance is to | ||||||
26 | restrict the access of motorcycles to any highway or
portion of |
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1 | a highway for which federal or State funds have been used for | ||||||
2 | the
planning, design, construction, or maintenance of that | ||||||
3 | highway. No unit of
local government, including a home rule | ||||||
4 | unit, may enact an ordinance requiring
motorcycle users to wear | ||||||
5 | protective headgear. Nothing in this subsection
(e) shall | ||||||
6 | affect the authority of a unit of local government to regulate
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7 | motorcycles for traffic control purposes or in accordance with | ||||||
8 | Section 12-602
of this Code. No unit of local government, | ||||||
9 | including a home rule unit, may
regulate motorcycles in a | ||||||
10 | manner inconsistent with this Code. This subsection
(e) is a | ||||||
11 | limitation under subsection (i) of Section 6 of Article VII of | ||||||
12 | the
Illinois Constitution on the concurrent exercise by home | ||||||
13 | rule units of powers
and functions exercised by the State.
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14 | (e-5) A unit of local government, including a home rule | ||||||
15 | unit, may not enact an ordinance prohibiting the use of | ||||||
16 | Automated Driving System equipped vehicles on its roadways. | ||||||
17 | Nothing in this subsection (e-5) shall affect the authority of | ||||||
18 | a unit of local government to regulate Automated Driving System | ||||||
19 | equipped vehicles for traffic control purposes. No unit of | ||||||
20 | local government, including a home rule unit, may regulate | ||||||
21 | Automated Driving System equipped vehicles in a manner | ||||||
22 | inconsistent with this Code. For purposes of this subsection | ||||||
23 | (e-5), "Automated Driving System equipped vehicle" means any | ||||||
24 | vehicle equipped with an Automated Driving System of hardware | ||||||
25 | and software that are collectively capable of performing the | ||||||
26 | entire dynamic driving task on a sustained basis, regardless of |
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1 | whether it is limited to a specific operational domain. This | ||||||
2 | subsection (e-5) is a limitation under subsection (i) of | ||||||
3 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
4 | concurrent exercise by home rule units of powers and functions | ||||||
5 | exercised by the State. | ||||||
6 | (f) A municipality or county designated in Section 11-208.6 | ||||||
7 | may enact an ordinance providing for an
automated traffic law | ||||||
8 | enforcement system to enforce violations of this Code or
a | ||||||
9 | similar provision of a local ordinance and imposing liability | ||||||
10 | on a registered owner or lessee of a vehicle used in such a | ||||||
11 | violation.
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12 | (g) A municipality or county, as provided in Section | ||||||
13 | 11-1201.1, may enact an ordinance providing for an automated | ||||||
14 | traffic law enforcement system to enforce violations of Section | ||||||
15 | 11-1201 of this Code or a similar provision of a local | ||||||
16 | ordinance and imposing liability on a registered owner of a | ||||||
17 | vehicle used in such a violation.
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18 | (h) A municipality designated in Section 11-208.8 may enact | ||||||
19 | an ordinance providing for an
automated speed enforcement | ||||||
20 | system to enforce violations of Article VI of Chapter 11 of | ||||||
21 | this Code or a similar provision of a local ordinance. | ||||||
22 | (i) A municipality or county designated in Section 11-208.9 | ||||||
23 | may enact an ordinance providing for an
automated traffic law | ||||||
24 | enforcement system to enforce violations of Section 11-1414 of | ||||||
25 | this Code or
a similar provision of a local ordinance and | ||||||
26 | imposing liability on a registered owner or lessee of a vehicle |
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1 | used in such a violation. | ||||||
2 | (Source: P.A. 98-396, eff. 1-1-14; 98-556, eff. 1-1-14; 98-756, | ||||||
3 | eff. 7-16-14; 99-143, eff. 7-27-15.)
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