Full Text of HB2431 94th General Assembly
HB2431 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB2431
Introduced 2/17/2005, by Rep. Robert W. Churchill SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/1-145.001 |
from Ch. 95 1/2, par. 1-148 |
625 ILCS 5/1-147 |
from Ch. 95 1/2, par. 1-147 |
625 ILCS 5/1-148.2a new |
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625 ILCS 5/6-101 |
from Ch. 95 1/2, par. 6-101 |
625 ILCS 5/11-1429 new |
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Amends the Illinois Vehicle Code. Provides that a person must have a valid driver's license or permit to operate a motorized scooter or electric personal assistive mobility device on a road or highway. Provides that the person may not exceed a speed of 20 miles per hour. Provides that a person may not operate the scooter or device on a road or highway after sunset and before sunrise. Provides that the operator must wear a helmet and may not carry passengers. Provides that a violation is a petty offense. Sets penalties.
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A BILL FOR
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HB2431 |
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LRB094 07589 DRH 37758 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 1-145.001, 1-147, and 6-101 and by adding Sections | 6 |
| 1-148.2a and 11-1429 as follows:
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| (625 ILCS 5/1-145.001) (from Ch. 95 1/2, par. 1-148)
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| Sec. 1-145.001. Motor driven cycle. Every motorcycle and | 9 |
| every motor
scooter with less than 150 cubic centimeter piston | 10 |
| displacement including
motorized pedalcycles , but excluding | 11 |
| motorized scooters .
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| (Source: P.A. 90-89, eff. 1-1-98 .)
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| (625 ILCS 5/1-147) (from Ch. 95 1/2, par. 1-147)
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| Sec. 1-147. Motorcycle.
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| Every motor vehicle having a seat or saddle for the use of | 16 |
| the rider and
designed to travel on not more than 3 wheels in | 17 |
| contact with the ground,
but excluding a tractor or a motorized | 18 |
| scooter .
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| (Source: P.A. 80-262.)
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| (625 ILCS 5/1-148.2a new) | 21 |
| Sec. 1-148.2a. Motorized scooter. Any 2 wheeled tandem or 3 | 22 |
| wheeled device, that has handlebars, designed to be stood or | 23 |
| sat upon by the operator, powered by an electric or gas powered | 24 |
| motor that is capable of propelling the device with or without | 25 |
| human propulsion, but excluding a motor scooter, motorcycle, | 26 |
| motor driven cycle, motorized pedalcycle, or motorized | 27 |
| wheelchair.
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| (625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101)
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| Sec. 6-101. Drivers must have licenses or permits.
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HB2431 |
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LRB094 07589 DRH 37758 b |
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| (a) No person, except those expressly exempted by Section | 2 |
| 6-102, shall
drive any motor vehicle , motorized scooter, or | 3 |
| electric personal assistive mobility device upon a highway in | 4 |
| this State unless such person has
a valid license or permit, or | 5 |
| a restricted driving permit, issued under the
provisions of | 6 |
| this Act.
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| (b) No person shall drive a motor vehicle , motorized | 8 |
| scooter, or electric personal assistive mobility device unless | 9 |
| he holds a valid
license or permit, or a restricted driving | 10 |
| permit issued under the
provisions of Section 6-205, 6-206, or | 11 |
| 6-113 of this Act. Any person to
whom a license is issued under | 12 |
| the provisions of this Act must surrender to
the Secretary of | 13 |
| State all valid licenses or permits. No drivers license
shall | 14 |
| be issued to any person who holds a valid Foreign State | 15 |
| license,
identification card, or permit
unless such person | 16 |
| first surrenders to the Secretary of State any such
valid | 17 |
| Foreign State license,
identification card, or permit.
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| (c) Any person licensed as a driver hereunder shall not be | 19 |
| required by
any city, village, incorporated town or other | 20 |
| municipal corporation to
obtain any other license to exercise | 21 |
| the privilege thereby granted.
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| (d) In addition to other penalties imposed under this | 23 |
| Section, any person
in violation of this Section who is also in | 24 |
| violation of Section 7-601 of this
Code relating to mandatory | 25 |
| insurance requirements shall have his or her motor
vehicle | 26 |
| immediately impounded by the arresting law enforcement | 27 |
| officer. The
motor vehicle may be released to any licensed | 28 |
| driver upon a showing of proof of
insurance for the motor | 29 |
| vehicle that was impounded and the notarized written
consent | 30 |
| for the release by the vehicle owner.
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| (e) In addition to other penalties imposed under this | 32 |
| Section, the
vehicle
of any person
in violation of this Section | 33 |
| who is also in violation of Section 7-601 of this
Code relating | 34 |
| to mandatory insurance requirements and who, in violating this
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| Section, has caused death or personal injury to another person | 36 |
| is subject to
forfeiture under Sections 36-1 and 36-2 of the |
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HB2431 |
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LRB094 07589 DRH 37758 b |
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| Criminal Code of 1961.
For the purposes of this Section, a | 2 |
| personal injury shall include
any type A injury as indicated on | 3 |
| the traffic accident report completed
by a law enforcement | 4 |
| officer that requires immediate professional attention
in | 5 |
| either a doctor's office or a medical facility. A type A injury | 6 |
| shall
include severely bleeding wounds, distorted extremities, | 7 |
| and injuries that
require the injured party to be carried from | 8 |
| the scene.
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| (Source: P.A. 93-187, eff. 7-11-03; 93-895, eff. 1-1-05.)
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| (625 ILCS 5/11-1429 new) | 11 |
| Sec. 11-1429. Operation of motorized scooters and electric | 12 |
| personal mobility devices on roads and highways. | 13 |
| (a) A person may not operate motorized scooter or electric | 14 |
| personal assistive mobility device on a road or highway at a | 15 |
| speed in excess of 20 miles per hour. | 16 |
| (b) A person operating a motorized scooter or electric | 17 |
| personal assistive mobility device upon a road or highway has | 18 |
| the right to use all public roads and highways, except limited | 19 |
| access highways where signs specifically prohibiting scooters | 20 |
| or bicycles have been posted, and is subject to all traffic | 21 |
| laws and ordinances, except that: | 22 |
| (1) a scooter or electric personal assistive mobility | 23 |
| device operator shall keep to the right side of the road at | 24 |
| all times, including when passing a moving motor vehicle; | 25 |
| (2) the scooter or electric personal assistive | 26 |
| mobility device must be equipped with operational stop and | 27 |
| turn signals so that the operator can keep both hands on | 28 |
| the handlebars at all times; and | 29 |
| (3) a person may not operate a motorized scooter or | 30 |
| electric personal assistive mobility device upon any road | 31 |
| or highway at any time after sunset or before sunrise. | 32 |
| (c) A person operating a motorized scooter or electric | 33 |
| personal assistive mobility device must wear protective | 34 |
| headgear conforming with the minimum standards of construction | 35 |
| and performance the Secretary of State may prescribe. The |
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HB2431 |
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LRB094 07589 DRH 37758 b |
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| Secretary shall adopt rules for implementing this Section. | 2 |
| (d) A person operating a motorized scooter or electric | 3 |
| personal assistive mobility device may not permit any other | 4 |
| person to ride as a passenger on the scooter or electric | 5 |
| personal assistive mobility device. | 6 |
| (e) Motorized scooters and electric personal assistive | 7 |
| mobility devices must comply with all applicable federal motor | 8 |
| vehicle safety standards. | 9 |
| (f) A person convicted of violating this Section is guilty | 10 |
| of a petty offense and shall be fined not more than $25 for the | 11 |
| first violation, not less than $25 nor more than $50 for a | 12 |
| second violation, and not less than $50 nor more than $100 for | 13 |
| a third or subsequent violation.
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