HB2876 103RD GENERAL ASSEMBLY

LRB103 29965 MXP 56384 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2876

Introduced 2/16/2023, by Rep. Sharon Chung

SYNOPSIS AS INTRODUCED:

625 ILCS 5/1-140.11 new
625 ILCS 5/1-146	from Ch. 95 1/2, par. 1-146
625 ILCS 5/11-1412.4 new

Amends the Illinois Vehicle Code. Provides that the specifications of a low-speed electric scooter include the following: (i) it is a vehicle designed to transport only one operator; (ii) it weighs less than 100 pounds; (iii) it has single wheels in tandem or has 3 wheels in a combination of one or 2 wheels at the front and rear of the vehicle; (iv) it is equipped with handlebars and a platform designed to be stood on while riding; (v) it is powered solely by an electric motor and human power; and (vi) it has a maximum speed of no more than 20 miles per hour on a paved level surface. Changes the definition of "motor vehicle" to exclude low-speed electric scooters and electric personal assistive mobility devices. Provides that a municipality or county may authorize and regulate the operation of low-speed electric scooters within the unit of local government on all highways, sidewalks, trails, or other public right-of-way where the operation of bicycles is permitted. Provides that use of a low-speed electric scooters within any municipality or county is allowed only if authorized by that municipality or county. Provides that an authorization or regulation by a county applies only in the unincorporated area of that county. Provides that no person under 16 years of age may operate a low-speed electric scooter. Provides that a low-speed electric scooter must be equipped with safety devices lamps, reflectors, and a braking system. Restricts a person from using a low-speed scooter to carry more than one person at a time. Makes other changes.

A BILL FOR

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 1-146 and by adding Sections 1-140.11 and 11-1412.4 as follows:

(625 ILCS 5/1-140.11 new)

Sec. 1-140.11. Low-speed electric scooter. A low-speed electric scooter is a vehicle that has the following specifications:

(1) it is designed to transport only the operator;

(2) it weighs less than 100 pounds;

(3) it has single wheels in tandem or has 3 wheels in a combination of one or 2 wheels at the front and rear of the vehicle;

(4) it is equipped with handlebars and a platform designed to be stood on while riding;

(5) it is powered solely by an electric motor and human power; and

(6) it has a maximum speed, on a paved level surface, of no more than 20 miles per hour.

"Low-speed electric scooter" does not include: (i) a moped or motor-driven cycle; (ii) a low-speed electric bicycle; (iii) an electric wheelchair or other mobility aid used by a disabled individual; (iv) an electric personal assistive mobility device; or (v) any other motorized vehicle not meeting the specifications under this Section.

(625 ILCS 5/1-146) (from Ch. 95 1/2, par. 1-146)

Sec. 1-146. Motor vehicle. Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except for vehicles moved solely by human power, motorized wheelchairs, low-speed electric scooters, electric personal assistive mobility devices, low-speed electric bicycles, and low-speed gas bicycles. For this Act, motor vehicles are divided into two divisions:

First Division: Those motor vehicles which are designed for the carrying of not more than 10 persons.

Second Division: Those motor vehicles which are designed for carrying more than 10 persons, those motor vehicles designed or used for living quarters, those motor vehicles which are designed for pulling or carrying freight, cargo or implements of husbandry, and those motor vehicles of the First Division remodelled for use and used as motor vehicles of the Second Division.

(Source: P.A. 96-125, eff. 1-1-10.)

(625 ILCS 5/11-1412.4 new)

Sec. 11-1412.4. Use of low-speed electric scooters within local governments.

(a) Subject to the restrictions of this Section, a municipality or county may authorize and regulate the operation of low-speed electric scooters within the unit of local government on all highways, sidewalks, trails, or other public right-of-way where the operation of bicycles is permitted. The use of low-speed electric scooters within any municipality or county is allowed only if authorized by that municipality or county under this Section. Any authorization or regulation by a county applies only in the unincorporated area of that county.

(b) No person below the age of 16 may operate a low-speed electric scooter on any highway, sidewalk, trail, or other public right-of-way. While operating a low-speed electric scooter, the operator shall have a valid driver's license, instruction permit, or State identification card on his or her person.

(c) A low-speed electric scooter must be equipped with a braking system that enables the operator to reduce its speed or make a complete stop.

(d) A low-speed electric scooter must be equipped with (i) a lamp on the front that emits a white light visible from a distance of at least 500 feet to the front and (ii) a red reflector on the rear that is visible from all distances from 100 feet to 600 feet to the rear when directly in front of lawful lower beams of headlamps on a motor vehicle. A lamp emitting a steady or flashing red light visible from a distance of at least 500 feet to the rear may be used in addition to or instead of the red reflector. The lamp and reflectors under this subsection must be in use during the period sunset to sunrise, at times when rain, snow, fog, or other atmospheric conditions require the use of windshield wipers on automobiles, and at any other times when, due to insufficient light or unfavorable atmospheric conditions, persons, and vehicles on the highway are not clearly discernible at a distance of 1,000 feet.

(e) No person may use a low-speed electric scooter to carry more than one person at one time. No person operating a low-speed electric scooter may attach himself or herself or the scooter to any other vehicle being operated on the public right-of-way.

(f) Unless specifically stated otherwise in an ordinance or resolution by a municipality or county authorizing the use of low-speed electric scooters within its jurisdiction, the use of a low-speed electric scooter shall not be deemed to be an intended use of a public right-of-way under Section 3-102 of the Local Governmental and Governmental Employees Tort Immunity Act.