Public Act 101-0123
 
HB0245 EnrolledLRB101 04047 TAE 49055 b


  
    AN ACT concerning transportation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Illinois Vehicle Code is amended  by changing 
Section 11-208 and  by adding Sections 1-144.01, 1-144.02, and 
11-1412.3 as follows:
 
    (625 ILCS 5/1-144.01 new)
    Sec. 1-144.01. Mobile carrying device.
    (a) An electrically powered device that:
        (1) is operated by a mobile carrying device operator on 
    sidewalks and crosswalks and intended primarily for 
    transporting personal property;
        (2) weighs less than 90 pounds, excluding cargo;
        (3) has a maximum speed of 12.5 miles per hour;
        (4) is equipped with a technology to transport personal 
    property with the active monitoring of a property owner; 
    and
        (5) is primarily designed to remain within 10 feet of 
    the personal property owner.
    (b) A mobile carrying device is not considered a vehicle 
unless expressly defined by law as a vehicle.
 
    (625 ILCS 5/1-144.02 new)
    Sec. 1-144.02. Mobile carrying device operator. A person 
exercising control over the mobile carrying device.
 


    (625 ILCS 5/11-208)
  (from Ch. 95 1/2, par. 11-208)



    Sec. 11-208. Powers of local authorities. 

    (a) The provisions of this Code shall not be deemed to 
prevent
local authorities with respect to streets and highways 
under their
jurisdiction and within the reasonable exercise of 
the police power from:

        1. Regulating the standing or parking of vehicles, 
    except as
limited by Sections 11-1306 and 11-1307 of this 
    Act;

        2. Regulating traffic by means of police officers or 
    traffic control
signals;

        3. Regulating or prohibiting processions or 
    assemblages on the highways; and certifying persons to 
    control traffic for processions or assemblages;

        4. Designating particular highways as one-way highways 
    and requiring that
all vehicles thereon be moved in one 
    specific direction;

        5. Regulating the speed of vehicles in public parks 
    subject to the
limitations set forth in Section 11-604;

        6. Designating any highway as a through highway, as 
    authorized in Section
11-302, and requiring that all 
    vehicles stop before entering or crossing
the same or 
    designating any intersection as a stop intersection or a 
    yield
right-of-way intersection and requiring all vehicles 
    to stop or yield the
right-of-way at one or more entrances 
    to such intersections;

        7. Restricting the use of highways as authorized in 
    Chapter 15;

        8. Regulating the operation of mobile carrying 
    devices, bicycles, low-speed electric bicycles, and 
    low-speed gas bicycles, and requiring the
registration and 
    licensing of same, including the requirement of a

    registration fee;

        9. Regulating or prohibiting the turning of vehicles or 
    specified
types of vehicles at intersections;

        10. Altering the speed limits as authorized in Section 
    11-604;

        11. Prohibiting U-turns;

        12. Prohibiting pedestrian crossings at other than 
    designated and marked
crosswalks or at intersections;

        13. Prohibiting parking during snow removal operation;

        14. Imposing fines in accordance with Section 
    11-1301.3 as penalties
for use of any parking place 
    reserved for persons with disabilities, as defined
by 
    Section 1-159.1, or veterans with disabilities by any 
    person using a motor
vehicle not bearing registration 
    plates specified in Section 11-1301.1
or a special decal or 
    device as defined in Section 11-1301.2
as evidence that the 
    vehicle is operated by or for a person
with disabilities or 
    a veteran with a disability;

        15. Adopting such other traffic regulations as are 
    specifically
authorized by this Code; or

        16. Enforcing the provisions of subsection (f) of 
    Section 3-413 of this
Code or a similar local ordinance.

    (b) No ordinance or regulation enacted under paragraph 1, 
4, 5, 6, 7,
9, 10, 11 or 13 of subsection (a) shall be effective 
until signs giving
reasonable notice of such local traffic 
regulations are posted.

    (c) The provisions of this Code shall not prevent any

municipality having a population of 500,000 or more inhabitants 
from
prohibiting any person from driving or operating any motor 
vehicle upon
the roadways of such municipality with headlamps 
on high beam or bright.

    (d) The provisions of this Code shall not be deemed to 
prevent local
authorities within the reasonable exercise of 
their police power from
prohibiting, on private property, the 
unauthorized use of parking spaces
reserved for persons with 
disabilities.

    (e) No unit of local government, including a home rule 
unit, may enact or
enforce an ordinance that applies only to 
motorcycles if the principal purpose
for that ordinance is to 
restrict the access of motorcycles to any highway or
portion of 
a highway for which federal or State funds have been used for 
the
planning, design, construction, or maintenance of that 
highway.  No unit of
local government, including a home rule 
unit, may enact an ordinance requiring
motorcycle users to wear 
protective headgear.  Nothing in this subsection
(e) shall 
affect the authority of a unit of local government to regulate

motorcycles for traffic control purposes or in accordance with 
Section 12-602
of this Code.  No unit of local government, 
including a home rule unit, may
regulate motorcycles in a 
manner inconsistent with this Code.  This subsection
(e) is a 
limitation under subsection (i) of Section 6 of Article VII of 
the
Illinois Constitution on the concurrent exercise by home 
rule units of powers
and functions exercised by the State.

    (e-5) The City of Chicago may enact an ordinance providing 
for a noise monitoring system upon any portion of the roadway 
known as Lake Shore Drive. Twelve months after the installation 
of the noise monitoring system, and any time after the first 
report as the City deems necessary, the City of Chicago shall 
prepare a noise monitoring report with the data collected from 
the system and shall, upon request, make the report available 
to the public. For purposes of this subsection (e-5), "noise 
monitoring system" means an automated noise monitor capable of 
recording noise levels 24 hours per day and 365 days per year 
with computer equipment sufficient to process the data.
    (e-10) A unit of local government, including a home rule 
unit, may not enact an ordinance prohibiting the use of 
Automated Driving System equipped vehicles on its roadways. 
Nothing in this subsection (e-10) shall affect the authority of 
a unit of local government to regulate Automated Driving System 
equipped vehicles for traffic control purposes. No unit of 
local government, including a home rule unit, may regulate 
Automated Driving System equipped vehicles in a manner 
inconsistent with this Code. For purposes of this subsection 
(e-10), "Automated Driving System equipped vehicle" means any 
vehicle equipped with an Automated Driving System of hardware 
and software that are collectively capable of performing the 
entire dynamic driving task on a sustained basis, regardless of 
whether it is limited to a specific operational domain. This 
subsection (e-10) is a limitation under subsection (i) of 
Section 6 of Article VII of the Illinois Constitution on the 
concurrent exercise by home rule units of powers and functions 
exercised by the State. 
    (f) A municipality or county designated in Section 11-208.6 
may enact an ordinance providing for an
automated traffic law 
enforcement system to enforce violations of this Code or
a 
similar provision of a local ordinance and imposing liability 
on a registered owner or lessee of a vehicle used in such a 
violation.

    (g) A municipality or county, as provided in Section 
11-1201.1, may enact an ordinance providing for an automated 
traffic law enforcement system  to enforce violations of Section 
11-1201 of this Code or a similar provision of a local 
ordinance and imposing liability on a registered owner of a 
vehicle used in such a violation.

    (h) A municipality designated in Section 11-208.8 may enact 
an ordinance providing for an
automated speed enforcement 
system to enforce violations of Article VI of Chapter 11  of 
this Code or a similar provision of a local ordinance.
    (i) A municipality or county designated in Section 11-208.9 
may enact an ordinance providing for an
automated traffic law 
enforcement system to enforce violations of Section 11-1414 of 
this Code or
a similar provision of a local ordinance and 
imposing liability on a registered owner or lessee of a vehicle 
used in such a violation. 
(Source: P.A. 99-143, eff. 7-27-15; 100-209, eff. 1-1-18; 
100-257, eff. 8-22-17; 100-352, eff. 6-1-18; 100-863, eff. 
8-14-18.)
 
    (625 ILCS 5/11-1412.3 new)
    Sec. 11-1412.3. Ownership and operation of a mobile 
carrying device.
    (a) A mobile carrying device may be operated on a sidewalk 
or crosswalk so long as all of the following requirements are 
met:
        (1) the mobile carrying device is operated in 
    accordance with the local ordinances, if any, established 
    by the local authority governing where the mobile carrying 
    device is operated;
        (2) a personal property owner is actively monitoring 
    the operation and navigation of the mobile carrying device; 
    and
        (3) the mobile carrying device is equipped with a 
    braking system that enables the mobile carrying device to 
    perform a controlled stop.
    (b) A mobile carrying device operator may not do any of
the 
following:
        (1) fail to comply with traffic or pedestrian control 
    devices and signals;
        (2) unreasonably interfere with pedestrians or 
    traffic;
        (3) transport a person; or
        (4) operate on a street or highway, except when 
    crossing the street or highway within a crosswalk.
    (c) A mobile carrying device operator has the rights and 
obligations applicable to a pedestrian under the same 
circumstances, and shall ensure that a mobile carrying device 
shall yield the right-of-way to a pedestrian on a sidewalk or 
within a crosswalk.
    (d) A personal property owner may not utilize a mobile 
carrying device to transport hazardous materials.
    (e) A personal property owner may not utilize a mobile

carrying device unless the person complies with this Section.
    (f) A mobile carrying device operator who is not a natural 
person shall register with the Secretary of State.
    (g) No contract seeking to exempt a mobile carrying device 
operator from liability for injury, loss, or death caused by a 
mobile carrying device shall be valid, and contractual 
provisions limiting the choice of venue or forum, shortening 
the statute of limitations, shifting the risk to the user, 
limiting the availability of class actions, or obtaining 
judicial remedies shall be invalid and unenforceable.
    (h) A violation of this Section is a petty offense.

 
    Section 99. Effective date. This Act takes effect upon 
becoming law.