HB2390ham001 94TH GENERAL ASSEMBLY

Judiciary I - Civil Law Committee

Adopted in House Comm. on Apr 12, 2005

09400HB2390ham001 LRB094 07041 DRH 43981 a

AMENDMENT TO HOUSE BILL 2390

AMENDMENT NO. ______. Amend House Bill 2390 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Vehicle Code is amended by changing Section 11-1502 as follows:

(625 ILCS 5/11-1502) (from Ch. 95 1/2, par. 11-1502)

Sec. 11-1502. Traffic laws apply to persons riding bicycles.

(a) Every person riding a bicycle upon a highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this Code, except as to special regulations in this Article XV and except as to those provisions of this Code which by their nature can have no application.

(b)(1) A person riding a bicycle is an intended and permitted user of any street or highway in Illinois except for a street or highway on which bicycle use has been specifically prohibited by a local public entity and the prohibition is indicated by appropriate signage.

(2) No public entity shall be liable under this subsection (b) for failure to remedy any surface condition of a highway that caused injury to a person riding a bicycle if that surface condition is not hazardous to a passenger car. The following surface conditions shall not create liability for a public entity unless the condition would be hazardous to a passenger car: (A) irregular surfaces; (B) pavement stress cracks; (C) speed bumps and curbs; (D) expansion joints; (E) accumulations of gravel, dirt, ice, snow, and water on road and shoulder surfaces; (F) existing sewer grates, manholes, and drain covers unless missing; (G) inadequate artificial lighting of the roadway.

(3) Except as expressly provided by law, this subsection (b) shall not impose an obligation to upgrade, widen, or reengineer existing highways for use by bicyclists, or to install or upgrade lighting or signage or pavement markings, and does not impose an obligation to maintain streets and highways to a higher standard for bicyclists.

(Source: P.A. 82-132.)".