Full Text of SB0396 100th General Assembly
SB0396enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Sections 1-140.10, 11-208, and 11-1516 and by adding Section | 6 | | 11-1517 as follows: | 7 | | (625 ILCS 5/1-140.10) | 8 | | Sec. 1-140.10. Low-speed electric bicycle. A bicycle | 9 | | equipped with fully operable pedals and an electric motor of | 10 | | less than 750 watts that meets the requirements of one of the | 11 | | following classes: | 12 | | (a) "Class 1 low-speed electric bicycle" means a low-speed | 13 | | electric bicycle equipped with a motor that provides assistance | 14 | | only when the rider is pedaling and that ceases to provide | 15 | | assistance when the bicycle reaches a speed of 20 miles per | 16 | | hour. | 17 | | (b) "Class 2 low-speed electric bicycle" means a low-speed | 18 | | electric bicycle equipped with a motor that may be used | 19 | | exclusively to propel the bicycle and that is not capable of | 20 | | providing assistance when the bicycle reaches a speed of 20 | 21 | | miles per hour. | 22 | | (c) "Class 3 low-speed electric bicycle" means a low-speed | 23 | | electric bicycle equipped with a motor that provides assistance |
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| 1 | | only when the rider is pedaling and that ceases to provide | 2 | | assistance when the bicycle reaches a speed of 28 miles per | 3 | | hour. | 4 | | A "low-speed electric bicycle" is not a moped or a motor | 5 | | driven cycle. | 6 | | The term "low-speed electric bicycle" has the same meaning | 7 | | ascribed to it by Section 38 of the Consumer Product Safety Act | 8 | | (15 U.S.C. Sec. 2085).
| 9 | | (Source: P.A. 96-125, eff. 1-1-10.)
| 10 | | (625 ILCS 5/11-208)
(from Ch. 95 1/2, par. 11-208)
| 11 | | Sec. 11-208. Powers of local authorities.
| 12 | | (a) The provisions of this Code shall not be deemed to | 13 | | prevent
local authorities with respect to streets and highways | 14 | | under their
jurisdiction and within the reasonable exercise of | 15 | | the police power from:
| 16 | | 1. Regulating the standing or parking of vehicles, | 17 | | except as
limited by Sections 11-1306 and 11-1307 of this | 18 | | Act;
| 19 | | 2. Regulating traffic by means of police officers or | 20 | | traffic control
signals;
| 21 | | 3. Regulating or prohibiting processions or | 22 | | assemblages on the highways; and certifying persons to | 23 | | control traffic for processions or assemblages;
| 24 | | 4. Designating particular highways as one-way highways | 25 | | and requiring that
all vehicles thereon be moved in one |
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| 1 | | specific direction;
| 2 | | 5. Regulating the speed of vehicles in public parks | 3 | | subject to the
limitations set forth in Section 11-604;
| 4 | | 6. Designating any highway as a through highway, as | 5 | | authorized in Section
11-302, and requiring that all | 6 | | vehicles stop before entering or crossing
the same or | 7 | | designating any intersection as a stop intersection or a | 8 | | yield
right-of-way intersection and requiring all vehicles | 9 | | to stop or yield the
right-of-way at one or more entrances | 10 | | to such intersections;
| 11 | | 7. Restricting the use of highways as authorized in | 12 | | Chapter 15;
| 13 | | 8. Regulating the operation of bicycles , low-speed | 14 | | electric bicycles, and low-speed gas bicycles, and | 15 | | requiring the
registration and licensing of same, | 16 | | including the requirement of a
registration fee;
| 17 | | 9. Regulating or prohibiting the turning of vehicles or | 18 | | specified
types of vehicles at intersections;
| 19 | | 10. Altering the speed limits as authorized in Section | 20 | | 11-604;
| 21 | | 11. Prohibiting U-turns;
| 22 | | 12. Prohibiting pedestrian crossings at other than | 23 | | designated and marked
crosswalks or at intersections;
| 24 | | 13. Prohibiting parking during snow removal operation;
| 25 | | 14. Imposing fines in accordance with Section | 26 | | 11-1301.3 as penalties
for use of any parking place |
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| 1 | | reserved for persons with disabilities, as defined
by | 2 | | Section 1-159.1, or veterans with disabilities by any | 3 | | person using a motor
vehicle not bearing registration | 4 | | plates specified in Section 11-1301.1
or a special decal or | 5 | | device as defined in Section 11-1301.2
as evidence that the | 6 | | vehicle is operated by or for a person
with disabilities or | 7 | | a veteran with a disability;
| 8 | | 15. Adopting such other traffic regulations as are | 9 | | specifically
authorized by this Code; or
| 10 | | 16. Enforcing the provisions of subsection (f) of | 11 | | Section 3-413 of this
Code or a similar local ordinance.
| 12 | | (b) No ordinance or regulation enacted under subsections 1, | 13 | | 4, 5, 6, 7,
9, 10, 11 or 13 of paragraph (a) shall be effective | 14 | | until signs giving
reasonable notice of such local traffic | 15 | | regulations are posted.
| 16 | | (c) The provisions of this Code shall not prevent any
| 17 | | municipality having a population of 500,000 or more inhabitants | 18 | | from
prohibiting any person from driving or operating any motor | 19 | | vehicle upon
the roadways of such municipality with headlamps | 20 | | on high beam or bright.
| 21 | | (d) The provisions of this Code shall not be deemed to | 22 | | prevent local
authorities within the reasonable exercise of | 23 | | their police power from
prohibiting, on private property, the | 24 | | unauthorized use of parking spaces
reserved for persons with | 25 | | disabilities.
| 26 | | (e) No unit of local government, including a home rule |
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| 1 | | unit, may enact or
enforce an ordinance that applies only to | 2 | | motorcycles if the principal purpose
for that ordinance is to | 3 | | restrict the access of motorcycles to any highway or
portion of | 4 | | a highway for which federal or State funds have been used for | 5 | | the
planning, design, construction, or maintenance of that | 6 | | highway. No unit of
local government, including a home rule | 7 | | unit, may enact an ordinance requiring
motorcycle users to wear | 8 | | protective headgear. Nothing in this subsection
(e) shall | 9 | | affect the authority of a unit of local government to regulate
| 10 | | motorcycles for traffic control purposes or in accordance with | 11 | | Section 12-602
of this Code. No unit of local government, | 12 | | including a home rule unit, may
regulate motorcycles in a | 13 | | manner inconsistent with this Code. This subsection
(e) is a | 14 | | limitation under subsection (i) of Section 6 of Article VII of | 15 | | the
Illinois Constitution on the concurrent exercise by home | 16 | | rule units of powers
and functions exercised by the State.
| 17 | | (f) A municipality or county designated in Section 11-208.6 | 18 | | may enact an ordinance providing for an
automated traffic law | 19 | | enforcement system to enforce violations of this Code or
a | 20 | | similar provision of a local ordinance and imposing liability | 21 | | on a registered owner or lessee of a vehicle used in such a | 22 | | violation.
| 23 | | (g) A municipality or county, as provided in Section | 24 | | 11-1201.1, may enact an ordinance providing for an automated | 25 | | traffic law enforcement system to enforce violations of Section | 26 | | 11-1201 of this Code or a similar provision of a local |
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| 1 | | ordinance and imposing liability on a registered owner of a | 2 | | vehicle used in such a violation.
| 3 | | (h) A municipality designated in Section 11-208.8 may enact | 4 | | an ordinance providing for an
automated speed enforcement | 5 | | system to enforce violations of Article VI of Chapter 11 of | 6 | | this Code or a similar provision of a local ordinance. | 7 | | (i) A municipality or county designated in Section 11-208.9 | 8 | | may enact an ordinance providing for an
automated traffic law | 9 | | enforcement system to enforce violations of Section 11-1414 of | 10 | | this Code or
a similar provision of a local ordinance and | 11 | | imposing liability on a registered owner or lessee of a vehicle | 12 | | used in such a violation. | 13 | | (Source: P.A. 98-396, eff. 1-1-14; 98-556, eff. 1-1-14; 98-756, | 14 | | eff. 7-16-14; 99-143, eff. 7-27-15.)
| 15 | | (625 ILCS 5/11-1516)
| 16 | | Sec. 11-1516. Low-speed gas bicycles. | 17 | | (a) A person may operate a low-speed electric bicycle or | 18 | | low-speed gas bicycle only if the person is at least 16 years | 19 | | of age. | 20 | | (b) A person may not operate a low-speed electric bicycle | 21 | | or low-speed gas bicycle at a speed greater than 20 miles per | 22 | | hour upon any highway, street, or roadway. | 23 | | (c) A person may not operate a low-speed electric bicycle | 24 | | or low-speed gas bicycle on a sidewalk. | 25 | | (d) Except as otherwise provided in this Section, the |
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| 1 | | provisions of this Article XV that apply to bicycles also apply | 2 | | to low-speed electric bicycles and low-speed gas bicycles.
| 3 | | (Source: P.A. 96-125, eff. 1-1-10.) | 4 | | (625 ILCS 5/11-1517 new) | 5 | | Sec. 11-1517. Low-speed electric bicycles. | 6 | | (a) Except as otherwise provided in this Section, the | 7 | | provisions of this Chapter that apply to bicycles also apply to | 8 | | low-speed electric bicycles. | 9 | | (b) Each low-speed electric bicycle operating in this State | 10 | | shall comply with equipment and manufacturing requirements | 11 | | adopted by the United States Consumer Product Safety Commission | 12 | | under 16 CFR 1512. Each Class 3 low-speed electric bicycle | 13 | | shall be equipped with a speedometer that displays the speed | 14 | | the bicycle is traveling in miles per hour. | 15 | | (c) Beginning on or after January 1, 2018, every | 16 | | manufacturer and distributor of low-speed electric bicycles | 17 | | shall apply a label that is permanently affixed to the bicycle | 18 | | in a prominent location. The label shall contain, in Arial font | 19 | | in at least 9-point type: | 20 | | (1) a classification number for the bicycle that | 21 | | corresponds with a class under Section 1-140.10 of this | 22 | | Code; | 23 | | (2) the bicycle's top assisted speed; and | 24 | | (3) the bicycle's motor wattage. | 25 | | No person shall knowingly tamper or modify the speed |
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| 1 | | capability or engagement of a low-speed electric bicycle | 2 | | without replacing the label required under this subsection (c). | 3 | | (d) A Class 2 low-speed electric bicycle shall operate in a | 4 | | manner so that the electric motor is disengaged or ceases to | 5 | | function when the brakes are applied. A Class 1 low-speed | 6 | | electric bicycle and a Class 3 low-speed electric bicycle shall | 7 | | operate in a manner so that the electric motor is disengaged or | 8 | | ceases to function when the rider stops pedaling. | 9 | | (e) A person may operate a low-speed electric bicycle upon | 10 | | any highway, street, or roadway authorized for use by bicycles, | 11 | | including, but not limited to, bicycle lanes. | 12 | | (f) A person may operate a low-speed electric bicycle upon | 13 | | any bicycle path unless the municipality, county, or local | 14 | | authority with jurisdiction prohibits the use of low-speed | 15 | | electric bicycles or a specific class of low-speed electric | 16 | | bicycles on that path. | 17 | | (g) A person may not operate a low-speed electric bicycle | 18 | | on a sidewalk. | 19 | | (h) A person may operate a Class 3 low-speed electric | 20 | | bicycle only if he or she is 16 years of age or older. A person | 21 | | who is less than 16 years of age may ride as a passenger on a | 22 | | Class 3 low-speed electric bicycle that is designed to | 23 | | accommodate passengers. |
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