Full Text of HB2876 103rd General Assembly
HB2876 103RD GENERAL ASSEMBLY |
| | 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 | |
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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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 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 | 5 | | changing Section 1-146 and by adding Sections 1-140.11 and | 6 | | 11-1412.4 as follows: | 7 | | (625 ILCS 5/1-140.11 new) | 8 | | Sec. 1-140.11. Low-speed electric scooter. A low-speed | 9 | | electric scooter is a vehicle that has the following | 10 | | specifications: | 11 | | (1) it is designed to transport only the operator; | 12 | | (2) it weighs less than 100 pounds; | 13 | | (3) it has single wheels in tandem or has 3 wheels in a | 14 | | combination of one or 2 wheels at the front and rear of the | 15 | | vehicle; | 16 | | (4) it is equipped with handlebars and a platform | 17 | | designed to be stood on while riding; | 18 | | (5) it is powered solely by an electric motor and | 19 | | human power; and | 20 | | (6) it has a maximum speed, on a paved level surface, | 21 | | of no more than 20 miles per hour. | 22 | | "Low-speed electric scooter" does not include: (i) a moped | 23 | | or motor-driven cycle; (ii) a low-speed electric bicycle; |
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| 1 | | (iii) an electric wheelchair or other mobility aid used by a | 2 | | disabled individual; (iv) an electric personal assistive | 3 | | mobility device; or (v) any other motorized vehicle not | 4 | | meeting the specifications under this Section.
| 5 | | (625 ILCS 5/1-146) (from Ch. 95 1/2, par. 1-146)
| 6 | | Sec. 1-146. Motor vehicle. Every vehicle which is | 7 | | self-propelled and
every vehicle which is
propelled by | 8 | | electric power obtained from overhead trolley wires, but not
| 9 | | operated upon rails, except for vehicles moved solely by human | 10 | | power,
motorized wheelchairs, low-speed electric scooters, | 11 | | electric personal assistive mobility devices, low-speed | 12 | | electric bicycles, and low-speed gas bicycles. For this Act, | 13 | | motor vehicles are divided into two
divisions:
| 14 | | First Division: Those motor vehicles which are designed | 15 | | for the carrying
of not more than 10 persons.
| 16 | | Second Division: Those motor vehicles which are designed | 17 | | for carrying
more than 10 persons, those motor vehicles | 18 | | designed or used for living
quarters, those
motor vehicles | 19 | | which are designed for pulling or carrying freight, cargo
or | 20 | | implements of husbandry, and those motor vehicles of
the First | 21 | | Division remodelled for use and used
as motor vehicles of the | 22 | | Second Division.
| 23 | | (Source: P.A. 96-125, eff. 1-1-10.)
| 24 | | (625 ILCS 5/11-1412.4 new) |
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| 1 | | Sec. 11-1412.4. Use of low-speed electric scooters within | 2 | | local governments. | 3 | | (a) Subject to the restrictions of this Section, a | 4 | | municipality or county may authorize and regulate the | 5 | | operation of low-speed electric scooters within the unit of | 6 | | local government on all highways, sidewalks, trails, or other | 7 | | public right-of-way where the operation of bicycles is | 8 | | permitted. The use of low-speed electric scooters within any | 9 | | municipality or county is allowed only if authorized by that | 10 | | municipality or county under this Section. Any authorization | 11 | | or regulation by a county applies only in the unincorporated | 12 | | area of that county. | 13 | | (b) No person below the age of 16 may operate a low-speed | 14 | | electric scooter on any highway, sidewalk, trail, or other | 15 | | public right-of-way. While operating a low-speed electric | 16 | | scooter, the operator shall have a valid driver's license, | 17 | | instruction permit, or State identification card on his or her | 18 | | person. | 19 | | (c) A low-speed electric scooter must be equipped with a | 20 | | braking system that enables the operator to reduce its speed | 21 | | or make a complete stop. | 22 | | (d) A low-speed electric scooter must be equipped with (i) | 23 | | a lamp on the front that emits a white light visible from a | 24 | | distance of at least 500 feet to the front and (ii) a red | 25 | | reflector on the rear that is visible from all distances from | 26 | | 100 feet to 600 feet to the rear when directly in front of |
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| 1 | | lawful lower beams of headlamps on a motor vehicle. A lamp | 2 | | emitting a steady or flashing red light visible from a | 3 | | distance of at least 500 feet to the rear may be used in | 4 | | addition to or instead of the red reflector. The lamp and | 5 | | reflectors under this subsection must be in use during the | 6 | | period sunset to sunrise, at times when rain, snow, fog, or | 7 | | other atmospheric conditions require the use of windshield | 8 | | wipers on automobiles, and at any other times when, due to | 9 | | insufficient light or unfavorable atmospheric conditions, | 10 | | persons, and vehicles on the highway are not clearly | 11 | | discernible at a distance of 1,000 feet. | 12 | | (e) No person may use a low-speed electric scooter to | 13 | | carry more than one person at one time. No person operating a | 14 | | low-speed electric scooter may attach himself or herself or | 15 | | the scooter to any other vehicle being operated on the public | 16 | | right-of-way. | 17 | | (f) Unless specifically stated otherwise in an ordinance | 18 | | or resolution by a municipality or county authorizing the use | 19 | | of low-speed electric scooters within its jurisdiction, the | 20 | | use of a low-speed electric scooter shall not be deemed to be | 21 | | an intended use of a public right-of-way under Section 3-102 | 22 | | of the Local Governmental and Governmental Employees Tort | 23 | | Immunity Act.
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