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Rep. Barbara Hernandez
Filed: 5/5/2026
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| 1 | | AMENDMENT TO SENATE BILL 3336
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3336 by replacing |
| 3 | | everything after the enacting clause with the following: |
| 4 | | "Section 5. The Illinois Vehicle Code is amended by |
| 5 | | changing Sections 1-106, 1-117.7, 1-140.10, 1-140.11, |
| 6 | | 1-140.15, 1-145.001, 1-146, 1-158, 3-101, 3-102, 3-402, 6-102, |
| 7 | | 7-601, 11-208, 11-501, 11-1501, 11-1516, and 11-1517 and by |
| 8 | | adding Sections 1-101.15, 1-117.6, 1-117.8, 1-117.9, 1-117.10, |
| 9 | | 1-125.11, 1-205.5, 1-213.7, 11-317, 11-1008.5, 11-1403.4, |
| 10 | | 11-1435, and 11-1435.5 as follows: |
| 11 | | (625 ILCS 5/1-101.15 new) |
| 12 | | Sec. 1-101.15. Adaptive electric bicycle. An electric |
| 13 | | bicycle with 2 or more wheels that is designed for and used by |
| 14 | | a person with a mobility disability, as that term is used under |
| 15 | | Part 35 of Title 28 of the Code of Federal Regulations (28 CFR |
| 16 | | 35). "Adaptive electric bicycle" does not include a motorized |
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| 1 | | wheelchair. |
| 2 | | (625 ILCS 5/1-106) (from Ch. 95 1/2, par. 1-106) |
| 3 | | Sec. 1-106. Bicycle. Every human-powered device, every |
| 4 | | adaptive electric bicycle when operated by a person with a |
| 5 | | mobility disability, and every low-speed electric bicycle, as |
| 6 | | defined in Section 1-140.10, with 2 or more wheels not less |
| 7 | | than 12 inches in diameter, operable pedals, and designated |
| 8 | | seats for the transportation of one or more persons. |
| 9 | | (Source: P.A. 104-141, eff. 1-1-26.) |
| 10 | | (625 ILCS 5/1-117.6 new) |
| 11 | | Sec. 1-117.6. Electric micromobility device. A |
| 12 | | light-weight, low-speed, electric-powered device primarily |
| 13 | | used for personal transportation and operated at speeds up to |
| 14 | | 28 miles per hour. "Electric micromobility device" includes |
| 15 | | electric skateboards, electric unicycles, low-speed electric |
| 16 | | scooters, and high-speed electric scooters. For purposes of |
| 17 | | this Code, an electric micromobility device shall be |
| 18 | | considered a motor vehicle. "Electric micromobility device" |
| 19 | | does not include an electric personal assistive mobility |
| 20 | | device or a toy vehicle. |
| 21 | | (625 ILCS 5/1-117.7) |
| 22 | | Sec. 1-117.7. Electric personal assistive mobility device. |
| 23 | | A self-balancing, 2 non-tandem wheeled device designed to |
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| 1 | | transport only one person with an electric propulsion system |
| 2 | | that limits the maximum speed of the device to 15 miles per |
| 3 | | hour or less, including, but not limited to, products marketed |
| 4 | | under the brand names of "Segway" or "Hoverboard" and other |
| 5 | | similar self-balancing, 2 non-tandem wheeled products. |
| 6 | | "Electric personal assistive mobility device" does not include |
| 7 | | an electric micromobility device. |
| 8 | | (Source: P.A. 92-868, eff. 6-1-03.) |
| 9 | | (625 ILCS 5/1-117.8 new) |
| 10 | | Sec. 1-117.8. Electric unicycle. A self-balancing |
| 11 | | one-wheeled device designed to transport only one person with |
| 12 | | an electric propulsion system. |
| 13 | | (625 ILCS 5/1-117.9 new) |
| 14 | | Sec. 1-117.9. Electric skateboard. A skateboard powered by |
| 15 | | an electric motor. |
| 16 | | (625 ILCS 5/1-117.10 new) |
| 17 | | Sec. 1-117.10. Electric bicycle. A bicycle with operable |
| 18 | | pedals and an electric motor. |
| 19 | | (625 ILCS 5/1-125.11 new) |
| 20 | | Sec. 1-125.11. High-speed electric scooter. A device with |
| 21 | | 2 or 3 wheels, handlebars, and a floorboard that can be stood |
| 22 | | upon while riding, that is solely powered by an electric motor |
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| 1 | | and human power, and whose maximum speed, with or without |
| 2 | | human propulsion, is more than 15 miles per hour. "High-speed |
| 3 | | electric scooter" does not include a moped or motor driven |
| 4 | | cycle. |
| 5 | | (625 ILCS 5/1-140.10) |
| 6 | | Sec. 1-140.10. Low-speed electric bicycle. A bicycle |
| 7 | | equipped with fully operable pedals and an electric motor of |
| 8 | | less than 750 watts that meets the requirements of one of the |
| 9 | | following classes: |
| 10 | | (a) "Class 1 low-speed electric bicycle" means a |
| 11 | | low-speed electric bicycle equipped with a motor that |
| 12 | | provides assistance only when the rider is pedaling and |
| 13 | | that ceases to provide assistance when the bicycle reaches |
| 14 | | a speed of 20 miles per hour. |
| 15 | | (b) "Class 2 low-speed electric bicycle" means a |
| 16 | | low-speed electric bicycle equipped with a motor that may |
| 17 | | be used exclusively to propel the bicycle and that is not |
| 18 | | capable of providing assistance when the bicycle reaches a |
| 19 | | speed of 20 miles per hour. |
| 20 | | (c) "Class 3 low-speed electric bicycle" means a |
| 21 | | low-speed electric bicycle equipped with a motor that |
| 22 | | provides assistance only when the rider is pedaling and |
| 23 | | that ceases to provide assistance when the bicycle reaches |
| 24 | | a speed of 28 miles per hour. |
| 25 | | A "low-speed electric bicycle" is not a moped or a motor |
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| 1 | | driven cycle. Any electric bicycle that is not a low-speed |
| 2 | | electric bicycle shall be considered a motor driven cycle for |
| 3 | | purposes of this Code. |
| 4 | | (Source: P.A. 100-209, eff. 1-1-18.) |
| 5 | | (625 ILCS 5/1-140.11) |
| 6 | | Sec. 1-140.11. Low-speed electric scooter. A device |
| 7 | | weighing less than 100 pounds, with 2 or 3 wheels, handlebars, |
| 8 | | and a floorboard that can be stood upon while riding, that is |
| 9 | | solely powered by an electric motor and human power, and whose |
| 10 | | maximum speed, with or without human propulsion, is no more |
| 11 | | than 15 10 miles per hour. "Low-speed electric scooter" does |
| 12 | | not include a moped or motor driven motor-driven cycle. |
| 13 | | (Source: P.A. 103-899, eff. 8-9-24.) |
| 14 | | (625 ILCS 5/1-140.15) |
| 15 | | Sec. 1-140.15. Low-speed gas bicycle. A 2-wheeled or |
| 16 | | 3-wheeled device with fully operable pedals and a gasoline |
| 17 | | motor of less than one horsepower or 15 cubic centimeter |
| 18 | | displacement that is operated at speeds up to 28 of less than |
| 19 | | 20 miles per hour. Any gas-powered bicycle that is not a |
| 20 | | low-speed gas bicycle shall be considered a motor driven cycle |
| 21 | | for purposes of this Code. |
| 22 | | (Source: P.A. 103-706, eff. 1-1-25.) |
| 23 | | (625 ILCS 5/1-145.001) (from Ch. 95 1/2, par. 1-148) |
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| 1 | | Sec. 1-145.001. Motor driven cycle. Every motorcycle, |
| 2 | | moped, and every motor scooter with an internal combustion |
| 3 | | engine of less than 150 cubic centimeter piston displacement, |
| 4 | | or an electric motor with a nominal power rating of greater |
| 5 | | than 750 watts but less than or equal to 8,000 watts, including |
| 6 | | motorized pedalcycles and every electric bicycle or |
| 7 | | gas-powered bicycle that is not a low-speed electric bicycle |
| 8 | | or low-speed gas bicycle. |
| 9 | | (Source: P.A. 90-89, eff. 1-1-98.) |
| 10 | | (625 ILCS 5/1-146) (from Ch. 95 1/2, par. 1-146) |
| 11 | | Sec. 1-146. Motor vehicle. Every vehicle which is |
| 12 | | self-propelled and every vehicle which is propelled by |
| 13 | | electric power obtained from overhead trolley wires, but not |
| 14 | | operated upon rails, except for vehicles moved solely by human |
| 15 | | power, motorized wheelchairs, low-speed electric bicycles, and |
| 16 | | low-speed gas bicycles. For this Code Act, motor vehicles are |
| 17 | | divided into 2 two divisions: |
| 18 | | First Division: Those motor vehicles which are designed |
| 19 | | for the carrying of not more than 10 persons. |
| 20 | | Second Division: Those motor vehicles which are designed |
| 21 | | for carrying more than 10 persons, those motor vehicles |
| 22 | | designed or used for living quarters, those motor vehicles |
| 23 | | which are designed for pulling or carrying freight, cargo, or |
| 24 | | implements of husbandry, and those motor vehicles of the First |
| 25 | | Division remodelled for use and used as motor vehicles of the |
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| 1 | | Second Division. |
| 2 | | (Source: P.A. 96-125, eff. 1-1-10.) |
| 3 | | (625 ILCS 5/1-158) (from Ch. 95 1/2, par. 1-158) |
| 4 | | Sec. 1-158. Pedestrian. Any person afoot or wearing |
| 5 | | in-line speed skates or riding a non-motorized skateboard or |
| 6 | | operating a toy vehicle, including a person with a physical, |
| 7 | | hearing, or visual disability. |
| 8 | | (Source: P.A. 103-706, eff. 1-1-25.) |
| 9 | | (625 ILCS 5/1-205.5 new) |
| 10 | | Sec. 1-205.5. Toy vehicle. Any battery powered ride-on toy |
| 11 | | that (i) is designed to not exceed 10 miles per hour, (ii) |
| 12 | | includes any number of wheels or handlebars or a steering |
| 13 | | wheel and a seat or platform, and (iii) is designed for |
| 14 | | children under 8 years of age, including, but not limited to, |
| 15 | | products marketed under the brand names of "Razor" or "Power |
| 16 | | Wheels" and other similar products. |
| 17 | | (625 ILCS 5/1-213.7 new) |
| 18 | | Sec. 1-213.7. Unicycle. Every human-powered device with |
| 19 | | one wheel and operable pedals and a designated seat for the |
| 20 | | transportation of one person. |
| 21 | | (625 ILCS 5/3-101) (from Ch. 95 1/2, par. 3-101) |
| 22 | | Sec. 3-101. Certificate of title required. |
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| 1 | | (a) Except as provided in Section 3-102, every owner of a |
| 2 | | vehicle which is in this State and for which no Illinois |
| 3 | | certificate of title has been issued by the Secretary of State |
| 4 | | shall make application to the Secretary of State for an |
| 5 | | Illinois certificate of title of the vehicle. Except as |
| 6 | | provided in Section 3-102, every owner of a vehicle, excluding |
| 7 | | vehicles acquired by insurance companies through a settlement |
| 8 | | of an insurance claim or by lienholders taking title through |
| 9 | | repossession, that is in this State for which no Illinois |
| 10 | | certificate of title has been issued by the Secretary of State |
| 11 | | and every owner of a vehicle that is in the State applying for |
| 12 | | a duplicate certificate of title or a corrected certificate of |
| 13 | | title, including a dealer lien release certificate of title, |
| 14 | | must make application to the Secretary of State for an |
| 15 | | Illinois duplicate certificate of title or corrected |
| 16 | | certificate of title. A certificate of title issued to any |
| 17 | | owner of a vehicle, excluding vehicles acquired by insurance |
| 18 | | companies through a settlement of an insurance claim or by |
| 19 | | lienholders taking title through repossession, in this State |
| 20 | | showing an Illinois address for the owner that has been issued |
| 21 | | by an entity other than the Secretary of State must be |
| 22 | | converted to an Illinois title before the owner can transfer |
| 23 | | ownership of the vehicle. |
| 24 | | Under no circumstances shall a dealer required to obtain |
| 25 | | an Illinois certificate of title pursuant to this Code be |
| 26 | | allowed to obtain an out-of-state certificate of title for |
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| 1 | | purposes of a vehicle held for sale in this State by the |
| 2 | | dealer. Under no circumstances shall a dealer be allowed to |
| 3 | | obtain an out-of-state certificate of title in lieu of an |
| 4 | | Illinois-issued dealer lien release certificate of title when |
| 5 | | a dealer may have need of such title issuance. Nothing in this |
| 6 | | Section shall be construed so as to allow a dealer to acquire |
| 7 | | an out-of-state certificate of title in lieu of acquiring an |
| 8 | | Illinois certificate of title for purposes of a vehicle held |
| 9 | | for sale in this State by the dealer. |
| 10 | | (b) Every owner of a motorcycle or motor driven cycle |
| 11 | | purchased new on and after January 1, 1980 shall make |
| 12 | | application to the Secretary of State for a certificate of |
| 13 | | title. However, if such cycle is not properly manufactured or |
| 14 | | equipped for general highway use pursuant to the provisions of |
| 15 | | this Act, it shall not be eligible for license registration, |
| 16 | | but shall be issued a distinctive certificate of title except |
| 17 | | as provided in Sections 3-102 and 3-110 of this Code Act. |
| 18 | | (b-5) Every owner of (i) a motor driven cycle that is |
| 19 | | powered by an electric motor with a nominal power rating of |
| 20 | | greater than 750 watts but less than or equal to 8,000 watts or |
| 21 | | (ii) a gas-powered bicycle capable of operating at speeds |
| 22 | | greater than 28 miles per hour, purchased new on and after |
| 23 | | January 1, 2027, shall make application to the Secretary of |
| 24 | | State for a certificate of title, as long as such motor driven |
| 25 | | cycle or gas-powered bicycle has a vehicle identification |
| 26 | | number with which it is associated before a certificate of |
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| 1 | | title may be issued. However, if such motor driven cycle or |
| 2 | | gas-powered bicycle is not properly manufactured or equipped |
| 3 | | for general highway use under this Code, it shall not be |
| 4 | | eligible for registration, but shall be issued a distinctive |
| 5 | | certificate of title except as provided in Sections 3-102 and |
| 6 | | 3-110. |
| 7 | | Nothing in this subsection shall exempt an |
| 8 | | electric-powered motor driven cycle or gas-powered bicycle |
| 9 | | from meeting the title and registration requirements of this |
| 10 | | Code to operate an electric-powered motor driven cycle or |
| 11 | | gas-powered bicycle on public highways. To the extent that an |
| 12 | | electric-powered motor driven cycle or gas-powered bicycle is |
| 13 | | exempt under this subsection, that exemption only applies to |
| 14 | | the extent that such motor vehicle need not mandatorily be |
| 15 | | titled if it is purchased prior to January 1, 2027. However, if |
| 16 | | any owner of such motor vehicle shall seek to operate that |
| 17 | | motor vehicle on public highways, it must be titled and |
| 18 | | registered. |
| 19 | | (c) The Secretary of State shall not register or renew the |
| 20 | | registration of a vehicle unless a certificate of title has |
| 21 | | been issued by the Secretary of State to the owner or an |
| 22 | | application therefor has been delivered by the owner to the |
| 23 | | Secretary of State. |
| 24 | | (d) Every owner of an all-terrain vehicle or off-highway |
| 25 | | motorcycle purchased on or after January 1, 1998 shall make |
| 26 | | application to the Secretary of State for a certificate of |
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| 1 | | title. |
| 2 | | (e) Every owner of a low-speed vehicle manufactured after |
| 3 | | January 1, 2010 shall make application to the Secretary of |
| 4 | | State for a certificate of title. |
| 5 | | (Source: P.A. 103-891, eff. 8-9-24.) |
| 6 | | (625 ILCS 5/3-102) (from Ch. 95 1/2, par. 3-102) |
| 7 | | Sec. 3-102. Exclusions. No certificate of title need be |
| 8 | | obtained for: |
| 9 | | 1. a vehicle owned by the State of Illinois; or a |
| 10 | | vehicle owned by the United States unless it is registered |
| 11 | | in this State; |
| 12 | | 2. a vehicle owned by a manufacturer or dealer and |
| 13 | | held for sale, even though incidentally moved on the |
| 14 | | highway or used for purposes of testing or demonstration, |
| 15 | | provided a dealer reassignment area is still available on |
| 16 | | the manufacturer's certificate of origin or the Illinois |
| 17 | | title; or a vehicle used by a manufacturer solely for |
| 18 | | testing; |
| 19 | | 3. a vehicle owned by a non-resident of this State and |
| 20 | | not required by law to be registered in this State; |
| 21 | | 4. a motor vehicle regularly engaged in the interstate |
| 22 | | transportation of persons or property for which a |
| 23 | | currently effective certificate of title has been issued |
| 24 | | in another State; |
| 25 | | 5. a vehicle moved solely by animal power; |
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| 1 | | 6. an implement of husbandry; |
| 2 | | 7. special mobile equipment; |
| 3 | | 8. an apportionable trailer or an apportionable |
| 4 | | semitrailer registered in the State prior to April 1, |
| 5 | | 1998; |
| 6 | | 9. a manufactured home for which an affidavit of |
| 7 | | affixation has been recorded pursuant to the Conveyance |
| 8 | | and Encumbrance of Manufactured Homes as Real Property and |
| 9 | | Severance Act unless with respect to the same manufactured |
| 10 | | home there has been recorded an affidavit of severance |
| 11 | | pursuant to that Act; |
| 12 | | 10. (blank); low-speed electric scooters. |
| 13 | | 11. electric micromobility devices. |
| 14 | | (Source: P.A. 103-899, eff. 8-9-24.) |
| 15 | | (625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402) |
| 16 | | Sec. 3-402. Vehicles subject to registration; exceptions. |
| 17 | | A. Exemptions and Policy. Every motor vehicle, trailer, |
| 18 | | semitrailer, and pole trailer when driven or moved upon a |
| 19 | | highway shall be subject to the registration and certificate |
| 20 | | of title provisions of this Chapter except: |
| 21 | | (1) Any such vehicle driven or moved upon a highway in |
| 22 | | conformance with the provisions of this Chapter relating |
| 23 | | to manufacturers, transporters, dealers, lienholders, or |
| 24 | | nonresidents or under a temporary registration permit |
| 25 | | issued by the Secretary of State; |
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| 1 | | (2) Any implement of husbandry whether of a type |
| 2 | | otherwise subject to registration hereunder or not which |
| 3 | | is only incidentally operated or moved upon a highway, |
| 4 | | which shall include a not-for-hire movement for the |
| 5 | | purpose of delivering farm commodities to a place of first |
| 6 | | processing or sale, or to a place of storage; |
| 7 | | (3) Any special mobile equipment as herein defined; |
| 8 | | (4) Any vehicle which is propelled exclusively by |
| 9 | | electric power obtained from overhead trolley wires though |
| 10 | | not operated upon rails; |
| 11 | | (5) Any vehicle which is equipped and used exclusively |
| 12 | | as a pumper, ladder truck, rescue vehicle, searchlight |
| 13 | | truck, or other fire apparatus, but not a vehicle of a type |
| 14 | | which would otherwise be subject to registration as a |
| 15 | | vehicle of the first division; |
| 16 | | (6) Any vehicle which is owned and operated by the |
| 17 | | federal government and externally displays evidence of |
| 18 | | federal ownership. It is the policy of the State of |
| 19 | | Illinois to promote and encourage the fullest use of its |
| 20 | | highways and to enhance the flow of commerce thus |
| 21 | | contributing to the economic, agricultural, industrial, |
| 22 | | and social growth and development of this State, by |
| 23 | | authorizing the Secretary of State to negotiate and enter |
| 24 | | into reciprocal or proportional agreements or arrangements |
| 25 | | with other States, or to issue declarations setting forth |
| 26 | | reciprocal exemptions, benefits, and privileges with |
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| 1 | | respect to vehicles operated interstate which are properly |
| 2 | | registered in this and other States, assuring nevertheless |
| 3 | | proper registration of vehicles in Illinois as may be |
| 4 | | required by this Code; |
| 5 | | (7) Any converter dolly or tow dolly which merely |
| 6 | | serves as substitute wheels for another legally licensed |
| 7 | | vehicle. A title may be issued on a voluntary basis to a |
| 8 | | tow dolly upon receipt of the manufacturer's certificate |
| 9 | | of origin or the bill of sale; |
| 10 | | (8) Any house trailer found to be an abandoned mobile |
| 11 | | home under the Abandoned Mobile Home Act; |
| 12 | | (9) Any vehicle that is not properly registered or |
| 13 | | does not have registration plates or digital registration |
| 14 | | plates issued to the owner or operator affixed thereto, or |
| 15 | | that does have registration plates or digital registration |
| 16 | | plates issued to the owner or operator affixed thereto but |
| 17 | | the plates are not appropriate for the weight of the |
| 18 | | vehicle, provided that this exemption shall apply only |
| 19 | | while the vehicle is being transported or operated by a |
| 20 | | towing service and has a third tow plate affixed to it; |
| 21 | | (10) (blank); Low-speed electric scooters. |
| 22 | | (11) electric micromobility devices. |
| 23 | | B. Reciprocity. Any motor vehicle, trailer, semitrailer, |
| 24 | | or pole trailer need not be registered under this Code |
| 25 | | provided the same is operated interstate and in accordance |
| 26 | | with the following provisions and any rules and regulations |
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| 1 | | promulgated pursuant thereto: |
| 2 | | (1) A nonresident owner, except as otherwise provided |
| 3 | | in this Section, owning any foreign registered vehicle of |
| 4 | | a type otherwise subject to registration hereunder, may |
| 5 | | operate or permit the operation of such vehicle within |
| 6 | | this State in interstate commerce without registering such |
| 7 | | vehicle in, or paying any fees to, this State subject to |
| 8 | | the condition that such vehicle at all times when operated |
| 9 | | in this State is operated pursuant to a reciprocity |
| 10 | | agreement, arrangement, or declaration by this State, and |
| 11 | | further subject to the condition that such vehicle at all |
| 12 | | times when operated in this State is duly registered in, |
| 13 | | and displays upon it, a valid registration card and |
| 14 | | registration plate or plates or digital registration plate |
| 15 | | or plates issued for such vehicle in the place of |
| 16 | | residence of such owner and is issued and maintains in |
| 17 | | such vehicle a valid Illinois reciprocity permit as |
| 18 | | required by the Secretary of State, and provided like |
| 19 | | privileges are afforded to residents of this State by the |
| 20 | | State of residence of such owner. |
| 21 | | Every nonresident including any foreign corporation |
| 22 | | carrying on business within this State and owning and |
| 23 | | regularly operating in such business any motor vehicle, |
| 24 | | trailer, or semitrailer within this State in intrastate |
| 25 | | commerce, shall be required to register each such vehicle |
| 26 | | and pay the same fees therefor as is required with |
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| 1 | | reference to like vehicles owned by residents of this |
| 2 | | State. |
| 3 | | (2) Any motor vehicle, trailer, semitrailer, and pole |
| 4 | | trailer operated interstate need not be registered in this |
| 5 | | State, provided: |
| 6 | | (a) that the vehicle is properly registered in |
| 7 | | another State pursuant to law or to a reciprocity |
| 8 | | agreement, arrangement, or declaration; or |
| 9 | | (b) that such vehicle is part of a fleet of |
| 10 | | vehicles owned or operated by the same person who |
| 11 | | registers such fleet of vehicles pro rata among the |
| 12 | | various States in which such fleet operates; or |
| 13 | | (c) that such vehicle is part of a fleet of |
| 14 | | vehicles, a portion of which are registered with the |
| 15 | | Secretary of State of Illinois in accordance with an |
| 16 | | agreement or arrangement concurred in by the Secretary |
| 17 | | of State of Illinois based on one or more of the |
| 18 | | following factors: ratio of miles in Illinois as |
| 19 | | against total miles in all jurisdictions; situs or |
| 20 | | base of a vehicle, or where it is principally garaged, |
| 21 | | or from whence it is principally dispatched or where |
| 22 | | the movements of such vehicle usually originate; situs |
| 23 | | of the residence of the owner or operator thereof, or |
| 24 | | of the person's his principal office or offices, or of |
| 25 | | the person's his places of business; the routes |
| 26 | | traversed and whether regular or irregular routes are |
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| 1 | | traversed, and the jurisdictions traversed and served; |
| 2 | | and such other factors as may be deemed material by the |
| 3 | | Secretary and the motor vehicle administrators of the |
| 4 | | other jurisdictions involved in such apportionment. |
| 5 | | Such vehicles shall maintain therein any reciprocity |
| 6 | | permit which may be required by the Secretary of State |
| 7 | | pursuant to rules and regulations which the Secretary |
| 8 | | of State may promulgate in the administration of this |
| 9 | | Code, in the public interest. |
| 10 | | (3)(a) In order to effectuate the purposes of this |
| 11 | | Code, the Secretary of State of Illinois is empowered to |
| 12 | | negotiate and execute written reciprocal agreements or |
| 13 | | arrangements with the duly authorized representatives of |
| 14 | | other jurisdictions, including States, districts, |
| 15 | | territories, and possessions of the United States, and |
| 16 | | foreign states, provinces, or countries, granting to |
| 17 | | owners or operators of vehicles duly registered or |
| 18 | | licensed in such other jurisdictions and for which |
| 19 | | evidence of compliance is supplied, benefits, privileges, |
| 20 | | and exemption from the payment, wholly or partially, of |
| 21 | | any taxes, fees, or other charges imposed with respect to |
| 22 | | the ownership or operation of such vehicles by the laws of |
| 23 | | this State except the tax imposed by the Motor Fuel Tax |
| 24 | | Law, approved March 25, 1929, as amended, and the tax |
| 25 | | imposed by the Use Tax Act, approved July 14, 1955, as |
| 26 | | amended. |
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| 1 | | The Secretary of State may negotiate agreements or |
| 2 | | arrangements as are in the best interests of this State |
| 3 | | and the residents of this State pursuant to the policies |
| 4 | | expressed in this Section taking into consideration the |
| 5 | | reciprocal exemptions, benefits, and privileges available |
| 6 | | and accruing to residents of this State and vehicles |
| 7 | | registered in this State. |
| 8 | | (b) Such reciprocal agreements or arrangements shall |
| 9 | | provide that vehicles duly registered or licensed in this |
| 10 | | State when operated upon the highways of such other |
| 11 | | jurisdictions, shall receive exemptions, benefits, and |
| 12 | | privileges of a similar kind or to a similar degree as |
| 13 | | extended to vehicles from such jurisdictions in this |
| 14 | | State. |
| 15 | | (c) Such agreements or arrangements may also authorize |
| 16 | | the apportionment of registration or licensing of fleets |
| 17 | | of vehicles operated interstate, based on any or all of |
| 18 | | the following factors: ratio of miles in Illinois as |
| 19 | | against total miles in all jurisdictions; situs or base of |
| 20 | | a vehicle, or where it is principally garaged or from |
| 21 | | whence it is principally dispatched or where the movements |
| 22 | | of such vehicle usually originate; situs of the residence |
| 23 | | of the owner or operator thereof, or of the person's his |
| 24 | | principal office or offices, or of the person's his places |
| 25 | | of business; the routes traversed and whether regular or |
| 26 | | irregular routes are traversed, and the jurisdictions |
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| 1 | | traversed and served; and such other factors as may be |
| 2 | | deemed material by the Secretary and the motor vehicle |
| 3 | | administrators of the other jurisdictions involved in such |
| 4 | | apportionment, and such vehicles shall likewise be |
| 5 | | entitled to reciprocal exemptions, benefits, and |
| 6 | | privileges. |
| 7 | | (d) Such agreements or arrangements shall also provide |
| 8 | | that vehicles being operated in intrastate commerce in |
| 9 | | Illinois shall comply with the registration and licensing |
| 10 | | laws of this State, except that vehicles which are part of |
| 11 | | an apportioned fleet may conduct an intrastate operation |
| 12 | | incidental to their interstate operations. Any motor |
| 13 | | vehicle properly registered and qualified under any |
| 14 | | reciprocal agreement or arrangement under this Code and |
| 15 | | not having a situs or base within Illinois may complete |
| 16 | | the inbound movement of a trailer or semitrailer to an |
| 17 | | Illinois destination that was brought into Illinois by a |
| 18 | | motor vehicle also properly registered and qualified under |
| 19 | | this Code and not having a situs or base within Illinois, |
| 20 | | or may complete an outbound movement of a trailer or |
| 21 | | semitrailer to an out-of-state destination that was |
| 22 | | originated in Illinois by a motor vehicle also properly |
| 23 | | registered and qualified under this Code and not having a |
| 24 | | situs or base in Illinois, only if the operator thereof |
| 25 | | did not break bulk of the cargo laden in such inbound or |
| 26 | | outbound trailer or semitrailer. Adding or unloading |
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| 1 | | intrastate cargo on such inbound or outbound trailer or |
| 2 | | semitrailer shall be deemed as breaking bulk. |
| 3 | | (e) Such agreements or arrangements may also provide |
| 4 | | for the determination of the proper State in which leased |
| 5 | | vehicles shall be registered based on the factors set out |
| 6 | | in subsection (c) above and for apportionment of |
| 7 | | registration of fleets of leased vehicles by the lessee or |
| 8 | | by the lessor who leases such vehicles to persons who are |
| 9 | | not fleet operators. |
| 10 | | (f) Such agreements or arrangements may also include |
| 11 | | reciprocal exemptions, benefits, or privileges accruing |
| 12 | | under the The Illinois Driver Licensing Law or the The |
| 13 | | Driver License Compact. |
| 14 | | (4) The Secretary of State is further authorized to |
| 15 | | examine the laws and requirements of other jurisdictions, |
| 16 | | and, in the absence of a written agreement or arrangement, |
| 17 | | to issue a written declaration of the extent and nature of |
| 18 | | the exemptions, benefits and privileges accorded to |
| 19 | | vehicles of this State by such other jurisdictions, and |
| 20 | | the extent and nature of reciprocal exemptions, benefits, |
| 21 | | and privileges thereby accorded by this State to the |
| 22 | | vehicles of such other jurisdictions. A declaration by the |
| 23 | | Secretary of State may include any, part or all reciprocal |
| 24 | | exemptions, benefits, and privileges or provisions as may |
| 25 | | be included within an agreement or arrangement. |
| 26 | | (5) All agreements, arrangements, declarations, and |
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| 1 | | amendments thereto, shall be in writing and become |
| 2 | | effective when signed by the Secretary of State, and |
| 3 | | copies of all such documents shall be available to the |
| 4 | | public upon request. |
| 5 | | (6) The Secretary of State is further authorized to |
| 6 | | require the display by foreign registered trucks, |
| 7 | | truck-tractors, and buses, entitled to reciprocal |
| 8 | | benefits, exemptions, or privileges hereunder, a |
| 9 | | reciprocity permit for external display before any such |
| 10 | | reciprocal benefits, exemptions, or privileges are |
| 11 | | granted. The Secretary of State shall provide suitable |
| 12 | | application forms for such permit and shall promulgate and |
| 13 | | publish reasonable rules and regulations for the |
| 14 | | administration and enforcement of the provisions of this |
| 15 | | Code including a provision for revocation of such permit |
| 16 | | as to any vehicle operated wilfully in violation of the |
| 17 | | terms of any reciprocal agreement, arrangement, or |
| 18 | | declaration or in violation of the Illinois Motor Carrier |
| 19 | | of Property Law, as amended. |
| 20 | | (7)(a) Upon the suspension, revocation, or denial of |
| 21 | | one or more of all reciprocal benefits, privileges, and |
| 22 | | exemptions existing pursuant to the terms and provisions |
| 23 | | of this Code or by virtue of a reciprocal agreement or |
| 24 | | arrangement or declaration thereunder; or, upon the |
| 25 | | suspension, revocation, or denial of a reciprocity permit; |
| 26 | | or, upon any action or inaction of the Secretary in the |
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| 1 | | administration and enforcement of the provisions of this |
| 2 | | Code, any person, resident or nonresident, so aggrieved, |
| 3 | | may serve upon the Secretary, a petition in writing and |
| 4 | | under oath, setting forth the grievance of the petitioner, |
| 5 | | the grounds and basis for the relief sought, and all |
| 6 | | necessary facts and particulars, and request an |
| 7 | | administrative hearing thereon. Within 20 days, the |
| 8 | | Secretary shall set a hearing date as early as practical. |
| 9 | | The Secretary may, in the Secretary's his discretion, |
| 10 | | supply forms for such a petition. The Secretary may |
| 11 | | require the payment of a fee of not more than $50 for the |
| 12 | | filing of any petition, motion, or request for hearing |
| 13 | | conducted pursuant to this Section. These fees must be |
| 14 | | deposited into the Secretary of State DUI Administration |
| 15 | | Fund, a special fund that is hereby created in the State |
| 16 | | treasury, and, subject to appropriation and as directed by |
| 17 | | the Secretary of State, shall be used to fund the |
| 18 | | operation of the hearings department of the Office of the |
| 19 | | Secretary of State and for no other purpose. The Secretary |
| 20 | | shall establish by rule the amount and the procedures, |
| 21 | | terms, and conditions relating to these fees. |
| 22 | | (b) The Secretary may likewise, in the Secretary's his |
| 23 | | discretion and upon the Secretary's his own petition, |
| 24 | | order a hearing, when in the Secretary's his best |
| 25 | | judgment, any person is not entitled to the reciprocal |
| 26 | | benefits, privileges, and exemptions existing pursuant to |
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| 1 | | the terms and provisions of this Code or under a |
| 2 | | reciprocal agreement or arrangement or declaration |
| 3 | | thereunder or that a vehicle owned or operated by such |
| 4 | | person is improperly registered or licensed, or that an |
| 5 | | Illinois resident has improperly registered or licensed a |
| 6 | | vehicle in another jurisdiction for the purposes of |
| 7 | | violating or avoiding the registration laws of this State. |
| 8 | | (c) The Secretary shall notify a petitioner or any |
| 9 | | other person involved of such a hearing, by giving at |
| 10 | | least 10 days notice, in writing, by U.S. Mail, Registered |
| 11 | | or Certified, or by personal service, at the last known |
| 12 | | address of such petitioner or person, specifying the time |
| 13 | | and place of such hearing. Such hearing shall be held |
| 14 | | before the Secretary, or any person as the Secretary he |
| 15 | | may designate, and unless the parties mutually agree to |
| 16 | | some other county in Illinois, the hearing shall be held |
| 17 | | in the County of Sangamon or the County of Cook. |
| 18 | | Appropriate records of the hearing shall be kept, and the |
| 19 | | Secretary shall issue or cause to be issued, the |
| 20 | | Secretary's his decision on the case, within 30 days after |
| 21 | | the close of such hearing or within 30 days after receipt |
| 22 | | of the transcript thereof, and a copy shall likewise be |
| 23 | | served or mailed to the petitioner or person involved. |
| 24 | | (d) The actions or inactions or determinations, or |
| 25 | | findings and decisions upon an administrative hearing, of |
| 26 | | the Secretary, shall be subject to judicial review in the |
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| 1 | | Circuit Court of the County of Sangamon or the County of |
| 2 | | Cook, and the provisions of the Administrative Review Law, |
| 3 | | and all amendments and modifications thereof and rules |
| 4 | | adopted pursuant thereto, apply to and govern all such |
| 5 | | reviewable matters. |
| 6 | | Any reciprocal agreements or arrangements entered into |
| 7 | | by the Secretary of State or any declarations issued by |
| 8 | | the Secretary of State pursuant to any law in effect prior |
| 9 | | to the effective date of this Code are not hereby |
| 10 | | abrogated, and such shall continue in force and effect |
| 11 | | until amended pursuant to the provisions of this Code or |
| 12 | | expire pursuant to the terms or provisions thereof. |
| 13 | | C. Vehicles purchased out-of-state. A resident of this |
| 14 | | State who purchases a vehicle in another state and transports |
| 15 | | the vehicle to Illinois shall apply for registration and |
| 16 | | certificate of title as soon as practicable, but in no event |
| 17 | | more than 45 days after the purchase of the vehicle. If an |
| 18 | | Illinois motorist who purchased a vehicle from an out-of-state |
| 19 | | licensed dealer is unable to meet the 45-day deadline due to a |
| 20 | | delay in paperwork from the seller, that motorist may obtain |
| 21 | | an Illinois temporary registration plate with: (i) proof of |
| 22 | | purchase; (ii) proof of meeting the Illinois driver's license |
| 23 | | or identification card requirement; and (iii) proof that |
| 24 | | Illinois title and registration fees have been paid. If fees |
| 25 | | have not been paid, the motorist may pay the fees in order to |
| 26 | | obtain the temporary registration plate. The owner of such a |
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| 1 | | vehicle shall display any temporary permit or registration |
| 2 | | issued in accordance with Section 3-407. |
| 3 | | (Source: P.A. 103-209, eff. 1-1-24; 103-899, eff. 8-9-24; |
| 4 | | 104-417, eff. 8-15-25.) |
| 5 | | (625 ILCS 5/6-102) (from Ch. 95 1/2, par. 6-102) |
| 6 | | Sec. 6-102. What persons are exempt. The following persons |
| 7 | | are exempt from the requirements of Section 6-101 and are not |
| 8 | | required to have an Illinois drivers license or permit if one |
| 9 | | or more of the following qualifying exemptions are met and |
| 10 | | apply: |
| 11 | | 1. Any employee of the United States Government or any |
| 12 | | member of the Armed Forces of the United States, while |
| 13 | | operating a motor vehicle owned by or leased to the United |
| 14 | | States Government and being operated on official business |
| 15 | | need not be licensed; |
| 16 | | 2. A nonresident who has in the nonresident's his |
| 17 | | immediate possession a valid license issued to the |
| 18 | | nonresident him in the nonresident's his home state or |
| 19 | | country may operate a motor vehicle for which the |
| 20 | | nonresident he is licensed for the period during which the |
| 21 | | nonresident he is in this State; |
| 22 | | 3. A nonresident and the nonresident's his spouse and |
| 23 | | children living with the nonresident him who is a student |
| 24 | | at a college or university in Illinois who have a valid |
| 25 | | license issued by their home State. |
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| 1 | | 4. A person operating a road machine temporarily upon |
| 2 | | a highway or operating a farm tractor between the home |
| 3 | | farm buildings and any adjacent or nearby farm land for |
| 4 | | the exclusive purpose of conducting farm operations need |
| 5 | | not be licensed as a driver. |
| 6 | | 5. A resident of this State who has been serving as a |
| 7 | | member or as a civilian employee of the Armed Forces of the |
| 8 | | United States, or as a civilian employee of the United |
| 9 | | States Department of Defense, outside the Continental |
| 10 | | limits of the United States, for a period of 120 days |
| 11 | | following the resident's his return to the continental |
| 12 | | limits of the United States. |
| 13 | | 6. A nonresident on active duty in the Armed Forces of |
| 14 | | the United States who has a valid license issued by the |
| 15 | | nonresident's his home state and such nonresident's |
| 16 | | spouse, and dependent children and living with parents, |
| 17 | | who have a valid license issued by their home state. |
| 18 | | 7. A nonresident who becomes a resident of this State, |
| 19 | | may for a period of the first 90 days of residence in |
| 20 | | Illinois operate any motor vehicle which he was qualified |
| 21 | | or licensed to drive by the nonresident's his home state |
| 22 | | or country so long as the nonresident he has in the |
| 23 | | nonresident's his possession, a valid and current license |
| 24 | | issued to the nonresident him by the nonresident's his |
| 25 | | home state or country. Upon expiration of such 90-day 90 |
| 26 | | day period, such new resident must comply with the |
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| 1 | | provisions of this Act and apply for an Illinois license |
| 2 | | or permit. |
| 3 | | 8. An engineer, conductor, brakeman, or any other |
| 4 | | member of the crew of a locomotive or train being operated |
| 5 | | upon rails, including operation on a railroad crossing |
| 6 | | over a public street, road or highway. Such person is not |
| 7 | | required to display a driver's license to any law |
| 8 | | enforcement officer in connection with the operation of a |
| 9 | | locomotive or train within this State. |
| 10 | | 9. (Blank). Persons operating low-speed electric |
| 11 | | scooters in accordance with Section 11-1518. |
| 12 | | 10. Persons operating an electric micromobility |
| 13 | | device. |
| 14 | | The provisions of this Section granting exemption to any |
| 15 | | nonresident shall be operative to the same extent that the |
| 16 | | laws of the State or country of such nonresident grant like |
| 17 | | exemption to residents of this State. |
| 18 | | The Secretary of State may implement the exemption |
| 19 | | provisions of this Section by inclusion thereof in a |
| 20 | | reciprocity agreement, arrangement or declaration issued |
| 21 | | pursuant to this Act. |
| 22 | | (Source: P.A. 103-899, eff. 8-9-24.) |
| 23 | | (625 ILCS 5/7-601) (from Ch. 95 1/2, par. 7-601) |
| 24 | | Sec. 7-601. Required liability insurance policy. |
| 25 | | (a) No person shall operate, register or maintain |
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| 1 | | registration of, and no owner shall permit another person to |
| 2 | | operate, register or maintain registration of, a motor vehicle |
| 3 | | designed to be used on a public highway in this State unless |
| 4 | | the motor vehicle is covered by a liability insurance policy. |
| 5 | | The insurance policy shall be issued in amounts no less |
| 6 | | than the minimum amounts set for bodily injury or death and for |
| 7 | | destruction of property under Section 7-203 of this Code, and |
| 8 | | shall be issued in accordance with the requirements of |
| 9 | | Sections 143a and 143a-2 of the Illinois Insurance Code, as |
| 10 | | amended. No insurer other than an insurer authorized to do |
| 11 | | business in this State shall issue a policy pursuant to this |
| 12 | | Section for any vehicle subject to registration under this |
| 13 | | Code. Nothing herein shall deprive an insurer of any policy |
| 14 | | defense available at common law. |
| 15 | | (b) The following vehicles are exempt from the |
| 16 | | requirements of this Section: |
| 17 | | (1) vehicles subject to the provisions of Chapters 8 |
| 18 | | or 18a, Article III or Section 7-609 of Chapter 7, or |
| 19 | | Sections 12-606 or 12-707.01 of Chapter 12 of this Code; |
| 20 | | (2) vehicles required to file proof of liability |
| 21 | | insurance with the Illinois Commerce Commission; |
| 22 | | (3) vehicles covered by a certificate of |
| 23 | | self-insurance under Section 7-502 of this Code; |
| 24 | | (4) vehicles owned by the United States, the State of |
| 25 | | Illinois, or any political subdivision, municipality or |
| 26 | | local mass transit district; |
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| 1 | | (5) implements of husbandry; |
| 2 | | (6) other vehicles complying with laws which require |
| 3 | | them to be insured in amounts meeting or exceeding the |
| 4 | | minimum amounts required under this Section; and |
| 5 | | (7) inoperable or stored vehicles that are not |
| 6 | | operated, as defined by rules and regulations of the |
| 7 | | Secretary; and . |
| 8 | | (8) electric micromobility devices. |
| 9 | | (c) Every employee of a State agency, as that term is |
| 10 | | defined in the Illinois State Auditing Act, who is assigned a |
| 11 | | specific vehicle owned or leased by the State on an ongoing |
| 12 | | basis shall provide the certification described in this |
| 13 | | Section annually to the director or chief executive officer of |
| 14 | | the employee's his or her agency. |
| 15 | | The certification shall affirm that the employee is duly |
| 16 | | licensed to drive the assigned vehicle and that (i) the |
| 17 | | employee has liability insurance coverage extending to the |
| 18 | | employee when the assigned vehicle is used for other than |
| 19 | | official State business, or (ii) the employee has filed a bond |
| 20 | | with the Secretary of State as proof of financial |
| 21 | | responsibility, in an amount equal to, or in excess of the |
| 22 | | requirements stated within this Section. Upon request of the |
| 23 | | agency director or chief executive officer, the employee shall |
| 24 | | present evidence to support the certification. |
| 25 | | The certification shall be provided during the period July |
| 26 | | 1 through July 31 of each calendar year, or within 30 days of |
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| 1 | | any new assignment of a vehicle on an ongoing basis, whichever |
| 2 | | is later. |
| 3 | | The employee's authorization to use the assigned vehicle |
| 4 | | shall automatically be rescinded upon: |
| 5 | | (1) the revocation or suspension of the license |
| 6 | | required to drive the assigned vehicle; |
| 7 | | (2) the cancellation or termination for any reason of |
| 8 | | the automobile liability insurance coverage as required in |
| 9 | | item (c)(i); or |
| 10 | | (3) the termination of the bond filed with the |
| 11 | | Secretary of State. |
| 12 | | All State employees providing the required certification |
| 13 | | shall immediately notify the agency director or chief |
| 14 | | executive officer in the event any of these actions occur. |
| 15 | | All peace officers employed by a State agency who are |
| 16 | | primarily responsible for prevention and detection of crime |
| 17 | | and the enforcement of the criminal, traffic, or highway laws |
| 18 | | of this State, and prohibited by agency rule or policy to use |
| 19 | | an assigned vehicle owned or leased by the State for regular |
| 20 | | personal or off-duty use, are exempt from the requirements of |
| 21 | | this Section. |
| 22 | | (d) No person shall operate a motor vehicle registered in |
| 23 | | another state upon the highways of this State unless the |
| 24 | | vehicle is covered by a liability insurance policy. The |
| 25 | | operator of the vehicle shall carry within the vehicle |
| 26 | | evidence of the insurance. |
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| 1 | | (Source: P.A. 100-202, eff. 1-1-18; 100-828, eff. 1-1-19.) |
| 2 | | (625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208) |
| 3 | | Sec. 11-208. Powers of local authorities. |
| 4 | | (a) The provisions of this Code shall not be deemed to |
| 5 | | prevent local authorities with respect to streets and highways |
| 6 | | under their jurisdiction and within the reasonable exercise of |
| 7 | | the police power from: |
| 8 | | 1. Regulating the standing or parking of vehicles, |
| 9 | | except as limited by Sections 11-1306 and 11-1307 of this |
| 10 | | Act; |
| 11 | | 2. Regulating traffic by means of police officers or |
| 12 | | traffic control signals; |
| 13 | | 3. Regulating or prohibiting processions or |
| 14 | | assemblages on the highways; and certifying persons to |
| 15 | | control traffic for processions or assemblages; |
| 16 | | 4. Designating particular highways as one-way highways |
| 17 | | and requiring that all vehicles thereon be moved in one |
| 18 | | specific direction; |
| 19 | | 5. Regulating the speed of vehicles in public parks |
| 20 | | subject to the limitations set forth in Section 11-604; |
| 21 | | 6. Designating any highway as a through highway, as |
| 22 | | authorized in Section 11-302, and requiring that all |
| 23 | | vehicles stop before entering or crossing the same or |
| 24 | | designating any intersection as a stop intersection or a |
| 25 | | yield right-of-way intersection and requiring all vehicles |
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| 1 | | to stop or yield the right-of-way at one or more entrances |
| 2 | | to such intersections; |
| 3 | | 7. Restricting the use of highways as authorized in |
| 4 | | Chapter 15; |
| 5 | | 8. Regulating the operation of mobile carrying devices |
| 6 | | and , bicycles, low-speed electric bicycles, and low-speed |
| 7 | | gas bicycles, and requiring the registration and licensing |
| 8 | | of same, including the requirement of a registration fee; |
| 9 | | 9. Regulating or prohibiting the turning of vehicles |
| 10 | | or specified types of vehicles at intersections; |
| 11 | | 10. Altering the speed limits as authorized in Section |
| 12 | | 11-604; |
| 13 | | 11. Prohibiting U-turns; |
| 14 | | 12. Prohibiting pedestrian crossings at other than |
| 15 | | designated and marked crosswalks or at intersections; |
| 16 | | 13. Prohibiting parking during snow removal operation; |
| 17 | | 14. Imposing fines in accordance with Section |
| 18 | | 11-1301.3 as penalties for use of any parking place |
| 19 | | reserved for persons with disabilities, as defined by |
| 20 | | Section 1-159.1, or veterans with disabilities by any |
| 21 | | person using a motor vehicle not bearing registration |
| 22 | | plates specified in Section 11-1301.1 or a special decal |
| 23 | | or device as defined in Section 11-1301.2 as evidence that |
| 24 | | the vehicle is operated by or for a person with |
| 25 | | disabilities or a veteran with a disability; |
| 26 | | 15. Adopting such other traffic regulations as are |
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| 1 | | specifically authorized by this Code; or |
| 2 | | 16. Enforcing the provisions of subsection (f) of |
| 3 | | Section 3-413 of this Code or a similar local ordinance. |
| 4 | | (b) No ordinance or regulation enacted under paragraph 1, |
| 5 | | 4, 5, 6, 7, 9, 10, 11, or 13 of subsection (a) shall be |
| 6 | | effective until signs giving reasonable notice of such local |
| 7 | | traffic regulations are posted. |
| 8 | | (c) The provisions of this Code shall not prevent any |
| 9 | | municipality having a population of 500,000 or more |
| 10 | | inhabitants from prohibiting any person from driving or |
| 11 | | operating any motor vehicle upon the roadways of such |
| 12 | | municipality with headlamps on high beam or bright. |
| 13 | | (d) The provisions of this Code shall not be deemed to |
| 14 | | prevent local authorities within the reasonable exercise of |
| 15 | | their police power from prohibiting, on private property, the |
| 16 | | unauthorized use of parking spaces reserved for persons with |
| 17 | | disabilities. |
| 18 | | (e) No unit of local government, including a home rule |
| 19 | | unit, may enact or enforce an ordinance that applies only to |
| 20 | | motorcycles if the principal purpose for that ordinance is to |
| 21 | | restrict the access of motorcycles to any highway or portion |
| 22 | | of a highway for which federal or State funds have been used |
| 23 | | for the planning, design, construction, or maintenance of that |
| 24 | | highway. No unit of local government, including a home rule |
| 25 | | unit, may enact an ordinance requiring motorcycle users to |
| 26 | | wear protective headgear. Nothing in this subsection (e) shall |
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| 1 | | affect the authority of a unit of local government to regulate |
| 2 | | motorcycles for traffic control purposes or in accordance with |
| 3 | | Section 12-602 of this Code. No unit of local government, |
| 4 | | including a home rule unit, may regulate motorcycles in a |
| 5 | | manner inconsistent with this Code. This subsection (e) is a |
| 6 | | limitation under subsection (i) of Section 6 of Article VII of |
| 7 | | the Illinois Constitution on the concurrent exercise by home |
| 8 | | rule units of powers and functions exercised by the State. |
| 9 | | (e-5) The City of Chicago may enact an ordinance providing |
| 10 | | for a noise monitoring system upon any portion of the roadway |
| 11 | | known as Lake Shore Drive. Twelve months after the |
| 12 | | installation of the noise monitoring system, and any time |
| 13 | | after the first report as the City deems necessary, the City of |
| 14 | | Chicago shall prepare a noise monitoring report with the data |
| 15 | | collected from the system and shall, upon request, make the |
| 16 | | report available to the public. For purposes of this |
| 17 | | subsection (e-5), "noise monitoring system" means an automated |
| 18 | | noise monitor capable of recording noise levels 24 hours per |
| 19 | | day and 365 days per year with computer equipment sufficient |
| 20 | | to process the data. |
| 21 | | (e-10) A unit of local government, including a home rule |
| 22 | | unit, may not enact an ordinance prohibiting the use of |
| 23 | | Automated Driving System equipped vehicles on its roadways. |
| 24 | | Nothing in this subsection (e-10) shall affect the authority |
| 25 | | of a unit of local government to regulate Automated Driving |
| 26 | | System equipped vehicles for traffic control purposes. No unit |
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| 1 | | of local government, including a home rule unit, may regulate |
| 2 | | Automated Driving System equipped vehicles in a manner |
| 3 | | inconsistent with this Code. For purposes of this subsection |
| 4 | | (e-10), "Automated Driving System equipped vehicle" means any |
| 5 | | vehicle equipped with an Automated Driving System of hardware |
| 6 | | and software that are collectively capable of performing the |
| 7 | | entire dynamic driving task on a sustained basis, regardless |
| 8 | | of whether it is limited to a specific operational domain. |
| 9 | | This subsection (e-10) is a limitation under subsection (i) of |
| 10 | | Section 6 of Article VII of the Illinois Constitution on the |
| 11 | | concurrent exercise by home rule units of powers and functions |
| 12 | | exercised by the State. |
| 13 | | (f) A municipality or county designated in Section |
| 14 | | 11-208.6 may enact an ordinance providing for an automated |
| 15 | | traffic law enforcement system to enforce violations of this |
| 16 | | Code or a similar provision of a local ordinance and imposing |
| 17 | | liability on a registered owner or lessee of a vehicle used in |
| 18 | | such a violation. |
| 19 | | (g) A municipality or county, as provided in Section |
| 20 | | 11-1201.1, may enact an ordinance providing for an automated |
| 21 | | traffic law enforcement system to enforce violations of |
| 22 | | Section 11-1201 of this Code or a similar provision of a local |
| 23 | | ordinance and imposing liability on a registered owner of a |
| 24 | | vehicle used in such a violation. |
| 25 | | (h) A municipality designated in Section 11-208.8 may |
| 26 | | enact an ordinance providing for an automated speed |
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| 1 | | enforcement system to enforce violations of Article VI of |
| 2 | | Chapter 11 of this Code or a similar provision of a local |
| 3 | | ordinance. |
| 4 | | (i) A municipality or county designated in Section |
| 5 | | 11-208.9 may enact an ordinance providing for an automated |
| 6 | | traffic law enforcement system to enforce violations of |
| 7 | | Section 11-1414 of this Code or a similar provision of a local |
| 8 | | ordinance and imposing liability on a registered owner or |
| 9 | | lessee of a vehicle used in such a violation. |
| 10 | | (Source: P.A. 100-209, eff. 1-1-18; 100-257, eff. 8-22-17; |
| 11 | | 100-352, eff. 6-1-18; 100-863, eff. 8-14-18; 101-123, eff. |
| 12 | | 7-26-19.) |
| 13 | | (625 ILCS 5/11-317 new) |
| 14 | | Sec. 11-317. Motor driven cycle prohibition signage. On |
| 15 | | any highway, bicycle lane, bicycle path, shared-use path, |
| 16 | | off-road bicycle trail or natural surface trail designated for |
| 17 | | bicycle use, or any other bicycle-specific facility |
| 18 | | established under State or local law for which use of motor |
| 19 | | driven cycles has been prohibited under Section 11-1403.4, the |
| 20 | | State or local government entity having jurisdiction shall |
| 21 | | place permanent signage or pavement markings that notify users |
| 22 | | that operation of motor driven cycles is strictly prohibited. |
| 23 | | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) |
| 24 | | Sec. 11-501. Driving while under the influence of alcohol, |
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| 1 | | other drug or drugs, intoxicating compound or compounds, or |
| 2 | | any combination thereof. |
| 3 | | (a) A person shall not drive or be in actual physical |
| 4 | | control of any vehicle within this State while: |
| 5 | | (1) the alcohol concentration in the person's blood, |
| 6 | | other bodily substance, or breath is 0.08 or more based on |
| 7 | | the definition of blood and breath units in Section |
| 8 | | 11-501.2; |
| 9 | | (2) under the influence of alcohol; |
| 10 | | (3) under the influence of any intoxicating compound |
| 11 | | or combination of intoxicating compounds to a degree that |
| 12 | | renders the person incapable of driving safely; |
| 13 | | (4) under the influence of any other drug or |
| 14 | | combination of drugs to a degree that renders the person |
| 15 | | incapable of safely driving; |
| 16 | | (5) under the combined influence of alcohol, other |
| 17 | | drug or drugs, or intoxicating compound or compounds to a |
| 18 | | degree that renders the person incapable of safely |
| 19 | | driving; |
| 20 | | (6) there is any amount of a drug, substance, or |
| 21 | | compound in the person's breath, blood, other bodily |
| 22 | | substance, or urine resulting from the unlawful use or |
| 23 | | consumption of a controlled substance listed in the |
| 24 | | Illinois Controlled Substances Act, an intoxicating |
| 25 | | compound listed in the Use of Intoxicating Compounds Act, |
| 26 | | or methamphetamine as listed in the Methamphetamine |
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| 1 | | Control and Community Protection Act; or |
| 2 | | (7) the person has, within 2 hours of driving or being |
| 3 | | in actual physical control of a vehicle, a |
| 4 | | tetrahydrocannabinol concentration in the person's whole |
| 5 | | blood or other bodily substance as defined in paragraph 6 |
| 6 | | of subsection (a) of Section 11-501.2 of this Code. |
| 7 | | Subject to all other requirements and provisions under |
| 8 | | this Section, this paragraph (7) does not apply to the |
| 9 | | lawful consumption of cannabis by a qualifying patient |
| 10 | | licensed under the Compassionate Use of Medical Cannabis |
| 11 | | Program Act who is in possession of a valid registry card |
| 12 | | issued under that Act, unless that person is impaired by |
| 13 | | the use of cannabis. |
| 14 | | (a-5) The requirements of this Section also apply to |
| 15 | | low-speed electric bicycles and low-speed gas bicycles that |
| 16 | | are operated by a person who is under the influence of alcohol, |
| 17 | | other drug or drugs, intoxicating compound or compounds, or |
| 18 | | any combination thereof. |
| 19 | | (b) The fact that any person charged with violating this |
| 20 | | Section is or has been legally entitled to use alcohol, |
| 21 | | cannabis under the Compassionate Use of Medical Cannabis |
| 22 | | Program Act, other drug or drugs, or intoxicating compound or |
| 23 | | compounds, or any combination thereof, shall not constitute a |
| 24 | | defense against any charge of violating this Section. |
| 25 | | (c) Penalties. |
| 26 | | (1) Except as otherwise provided in this Section, any |
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| 1 | | person convicted of violating subsection (a) of this |
| 2 | | Section is guilty of a Class A misdemeanor. |
| 3 | | (2) A person who violates subsection (a) or a similar |
| 4 | | provision a second time shall be sentenced to a mandatory |
| 5 | | minimum term of either 5 days of imprisonment or 240 hours |
| 6 | | of community service in addition to any other criminal or |
| 7 | | administrative sanction. |
| 8 | | (3) A person who violates subsection (a) is subject to |
| 9 | | 6 months of imprisonment, an additional mandatory minimum |
| 10 | | fine of $1,000, and 25 days of community service in a |
| 11 | | program benefiting children if the person was transporting |
| 12 | | a person under the age of 16 at the time of the violation. |
| 13 | | (4) A person who violates subsection (a) a first time, |
| 14 | | if the alcohol concentration in the person's his or her |
| 15 | | blood, breath, other bodily substance, or urine was 0.16 |
| 16 | | or more based on the definition of blood, breath, other |
| 17 | | bodily substance, or urine units in Section 11-501.2, |
| 18 | | shall be subject, in addition to any other penalty that |
| 19 | | may be imposed, to a mandatory minimum of 100 hours of |
| 20 | | community service and a mandatory minimum fine of $500. |
| 21 | | (5) A person who violates subsection (a) a second |
| 22 | | time, if at the time of the second violation the alcohol |
| 23 | | concentration in the person's his or her blood, breath, |
| 24 | | other bodily substance, or urine was 0.16 or more based on |
| 25 | | the definition of blood, breath, other bodily substance, |
| 26 | | or urine units in Section 11-501.2, shall be subject, in |
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| 1 | | addition to any other penalty that may be imposed, to a |
| 2 | | mandatory minimum of 2 days of imprisonment and a |
| 3 | | mandatory minimum fine of $1,250. |
| 4 | | (d) Aggravated driving under the influence of alcohol, |
| 5 | | other drug or drugs, or intoxicating compound or compounds, or |
| 6 | | any combination thereof. |
| 7 | | (1) Every person convicted of committing a violation |
| 8 | | of this Section shall be guilty of aggravated driving |
| 9 | | under the influence of alcohol, other drug or drugs, or |
| 10 | | intoxicating compound or compounds, or any combination |
| 11 | | thereof if: |
| 12 | | (A) the person committed a violation of subsection |
| 13 | | (a) or a similar provision for the third or subsequent |
| 14 | | time; |
| 15 | | (B) the person committed a violation of subsection |
| 16 | | (a) while driving a school bus with one or more |
| 17 | | passengers on board; |
| 18 | | (C) the person in committing a violation of |
| 19 | | subsection (a) was involved in a motor vehicle crash |
| 20 | | that resulted in great bodily harm or permanent |
| 21 | | disability or disfigurement to another, when the |
| 22 | | violation was a proximate cause of the injuries; |
| 23 | | (D) the person committed a violation of subsection |
| 24 | | (a) and has been previously convicted of violating |
| 25 | | Section 9-3 of the Criminal Code of 1961 or the |
| 26 | | Criminal Code of 2012 or a similar provision of a law |
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| 1 | | of another state relating to reckless homicide in |
| 2 | | which the person was determined to have been under the |
| 3 | | influence of alcohol, other drug or drugs, or |
| 4 | | intoxicating compound or compounds as an element of |
| 5 | | the offense or the person has previously been |
| 6 | | convicted under subparagraph (C) or subparagraph (F) |
| 7 | | of this paragraph (1); |
| 8 | | (E) the person, in committing a violation of |
| 9 | | subsection (a) while driving at any speed in a school |
| 10 | | speed zone at a time when a speed limit of 20 miles per |
| 11 | | hour was in effect under subsection (a) of Section |
| 12 | | 11-605 of this Code, was involved in a motor vehicle |
| 13 | | crash that resulted in bodily harm, other than great |
| 14 | | bodily harm or permanent disability or disfigurement, |
| 15 | | to another person, when the violation of subsection |
| 16 | | (a) was a proximate cause of the bodily harm; |
| 17 | | (F) the person, in committing a violation of |
| 18 | | subsection (a), was involved in a motor vehicle crash |
| 19 | | or snowmobile, all-terrain vehicle, or watercraft |
| 20 | | accident that resulted in the death of another person, |
| 21 | | when the violation of subsection (a) was a proximate |
| 22 | | cause of the death; |
| 23 | | (G) the person committed a violation of subsection |
| 24 | | (a) during a period in which the defendant's driving |
| 25 | | privileges are revoked or suspended, where the |
| 26 | | revocation or suspension was for a violation of |
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| 1 | | subsection (a) or a similar provision, Section |
| 2 | | 11-501.1, paragraph (b) of Section 11-401, or for |
| 3 | | reckless homicide as defined in Section 9-3 of the |
| 4 | | Criminal Code of 1961 or the Criminal Code of 2012; |
| 5 | | (H) the person committed the violation while the |
| 6 | | person he or she did not possess a driver's license or |
| 7 | | permit or a restricted driving permit or a judicial |
| 8 | | driving permit or a monitoring device driving permit; |
| 9 | | (I) the person committed the violation while the |
| 10 | | person he or she knew or should have known that the |
| 11 | | vehicle the person he or she was driving was not |
| 12 | | covered by a liability insurance policy; |
| 13 | | (J) the person in committing a violation of |
| 14 | | subsection (a) was involved in a motor vehicle crash |
| 15 | | that resulted in bodily harm, but not great bodily |
| 16 | | harm, to the child under the age of 16 being |
| 17 | | transported by the person, if the violation was the |
| 18 | | proximate cause of the injury; |
| 19 | | (K) the person in committing a second violation of |
| 20 | | subsection (a) or a similar provision was transporting |
| 21 | | a person under the age of 16; or |
| 22 | | (L) the person committed a violation of subsection |
| 23 | | (a) of this Section while transporting one or more |
| 24 | | passengers in a vehicle for-hire. |
| 25 | | (2)(A) Except as provided otherwise, a person |
| 26 | | convicted of aggravated driving under the influence of |
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| 1 | | alcohol, other drug or drugs, or intoxicating compound or |
| 2 | | compounds, or any combination thereof is guilty of a Class |
| 3 | | 4 felony. |
| 4 | | (B) A third violation of this Section or a similar |
| 5 | | provision is a Class 2 felony. If at the time of the third |
| 6 | | violation the alcohol concentration in the defendant's his |
| 7 | | or her blood, breath, other bodily substance, or urine was |
| 8 | | 0.16 or more based on the definition of blood, breath, |
| 9 | | other bodily substance, or urine units in Section |
| 10 | | 11-501.2, a mandatory minimum of 90 days of imprisonment |
| 11 | | and a mandatory minimum fine of $2,500 shall be imposed in |
| 12 | | addition to any other criminal or administrative sanction. |
| 13 | | If at the time of the third violation, the defendant was |
| 14 | | transporting a person under the age of 16, a mandatory |
| 15 | | fine of $25,000 and 25 days of community service in a |
| 16 | | program benefiting children shall be imposed in addition |
| 17 | | to any other criminal or administrative sanction. |
| 18 | | (C) A fourth violation of this Section or a similar |
| 19 | | provision is a Class 2 felony, for which a sentence of |
| 20 | | probation or conditional discharge may not be imposed. If |
| 21 | | at the time of the violation, the alcohol concentration in |
| 22 | | the defendant's blood, breath, other bodily substance, or |
| 23 | | urine was 0.16 or more based on the definition of blood, |
| 24 | | breath, other bodily substance, or urine units in Section |
| 25 | | 11-501.2, a mandatory minimum fine of $5,000 shall be |
| 26 | | imposed in addition to any other criminal or |
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| 1 | | administrative sanction. If at the time of the fourth |
| 2 | | violation, the defendant was transporting a person under |
| 3 | | the age of 16 a mandatory fine of $25,000 and 25 days of |
| 4 | | community service in a program benefiting children shall |
| 5 | | be imposed in addition to any other criminal or |
| 6 | | administrative sanction. |
| 7 | | (D) A fifth violation of this Section or a similar |
| 8 | | provision is a Class 1 felony, for which a sentence of |
| 9 | | probation or conditional discharge may not be imposed. If |
| 10 | | at the time of the violation, the alcohol concentration in |
| 11 | | the defendant's blood, breath, other bodily substance, or |
| 12 | | urine was 0.16 or more based on the definition of blood, |
| 13 | | breath, other bodily substance, or urine units in Section |
| 14 | | 11-501.2, a mandatory minimum fine of $5,000 shall be |
| 15 | | imposed in addition to any other criminal or |
| 16 | | administrative sanction. If at the time of the fifth |
| 17 | | violation, the defendant was transporting a person under |
| 18 | | the age of 16, a mandatory fine of $25,000, and 25 days of |
| 19 | | community service in a program benefiting children shall |
| 20 | | be imposed in addition to any other criminal or |
| 21 | | administrative sanction. |
| 22 | | (E) A sixth or subsequent violation of this Section or |
| 23 | | similar provision is a Class X felony. If at the time of |
| 24 | | the violation, the alcohol concentration in the |
| 25 | | defendant's blood, breath, other bodily substance, or |
| 26 | | urine was 0.16 or more based on the definition of blood, |
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| 1 | | breath, other bodily substance, or urine units in Section |
| 2 | | 11-501.2, a mandatory minimum fine of $5,000 shall be |
| 3 | | imposed in addition to any other criminal or |
| 4 | | administrative sanction. If at the time of the violation, |
| 5 | | the defendant was transporting a person under the age of |
| 6 | | 16, a mandatory fine of $25,000 and 25 days of community |
| 7 | | service in a program benefiting children shall be imposed |
| 8 | | in addition to any other criminal or administrative |
| 9 | | sanction. |
| 10 | | (F) For a violation of subparagraph (C) of paragraph |
| 11 | | (1) of this subsection (d), the defendant, if sentenced to |
| 12 | | a term of imprisonment, shall be sentenced to not less |
| 13 | | than one year nor more than 12 years. |
| 14 | | (G) A violation of subparagraph (F) of paragraph (1) |
| 15 | | of this subsection (d) is a Class 2 felony, for which the |
| 16 | | defendant, unless the court determines that extraordinary |
| 17 | | circumstances exist and require probation, shall be |
| 18 | | sentenced to: (i) a term of imprisonment of not less than 3 |
| 19 | | years and not more than 14 years if the violation resulted |
| 20 | | in the death of one person; or (ii) a term of imprisonment |
| 21 | | of not less than 6 years and not more than 28 years if the |
| 22 | | violation resulted in the deaths of 2 or more persons. |
| 23 | | (H) For a violation of subparagraph (J) of paragraph |
| 24 | | (1) of this subsection (d), a mandatory fine of $2,500, |
| 25 | | and 25 days of community service in a program benefiting |
| 26 | | children shall be imposed in addition to any other |
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| 1 | | criminal or administrative sanction. |
| 2 | | (I) A violation of subparagraph (K) of paragraph (1) |
| 3 | | of this subsection (d), is a Class 2 felony and a mandatory |
| 4 | | fine of $2,500, and 25 days of community service in a |
| 5 | | program benefiting children shall be imposed in addition |
| 6 | | to any other criminal or administrative sanction. If the |
| 7 | | child being transported suffered bodily harm, but not |
| 8 | | great bodily harm, in a motor vehicle crash, and the |
| 9 | | violation was the proximate cause of that injury, a |
| 10 | | mandatory fine of $5,000 and 25 days of community service |
| 11 | | in a program benefiting children shall be imposed in |
| 12 | | addition to any other criminal or administrative sanction. |
| 13 | | (J) A violation of subparagraph (D) of paragraph (1) |
| 14 | | of this subsection (d) is a Class 3 felony, for which a |
| 15 | | sentence of probation or conditional discharge may not be |
| 16 | | imposed. |
| 17 | | (3) Any person sentenced under this subsection (d) who |
| 18 | | receives a term of probation or conditional discharge must |
| 19 | | serve a minimum term of either 480 hours of community |
| 20 | | service or 10 days of imprisonment as a condition of the |
| 21 | | probation or conditional discharge in addition to any |
| 22 | | other criminal or administrative sanction. |
| 23 | | (e) Any reference to a prior violation of subsection (a) |
| 24 | | or a similar provision includes any violation of a provision |
| 25 | | of a local ordinance or a provision of a law of another state |
| 26 | | or an offense committed on a military installation that is |
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| 1 | | similar to a violation of subsection (a) of this Section. |
| 2 | | (f) The imposition of a mandatory term of imprisonment or |
| 3 | | assignment of community service for a violation of this |
| 4 | | Section shall not be suspended or reduced by the court. |
| 5 | | (g) Any penalty imposed for driving with a license that |
| 6 | | has been revoked for a previous violation of subsection (a) of |
| 7 | | this Section shall be in addition to the penalty imposed for |
| 8 | | any subsequent violation of subsection (a). |
| 9 | | (h) For any prosecution under this Section, a certified |
| 10 | | copy of the driving abstract of the defendant shall be |
| 11 | | admitted as proof of any prior conviction. |
| 12 | | (Source: P.A. 101-363, eff. 8-9-19; 102-982, eff. 7-1-23.) |
| 13 | | (625 ILCS 5/11-1008.5 new) |
| 14 | | Sec. 11-1008.5. Toy vehicles. |
| 15 | | (a) Toy vehicles shall only be operated on sidewalks and |
| 16 | | bicycle paths. Every person operating a toy vehicle upon a |
| 17 | | sidewalk or bicycle path shall be granted all the rights and |
| 18 | | shall be subject to all the duties applicable to a pedestrian. |
| 19 | | The driver of a vehicle shall yield the right-of-way to any |
| 20 | | person operating a toy vehicle. The parent of any child and the |
| 21 | | guardian of any ward shall not authorize or knowingly permit |
| 22 | | any such child or ward who is operating a toy vehicle to |
| 23 | | violate any of the provisions of this Code. |
| 24 | | (b) The use of toy vehicles on property owned, managed, or |
| 25 | | leased by any municipality, park district, forest preserve |
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| 1 | | district, conservation district, or transit district is |
| 2 | | allowed, unless specifically prohibited in an ordinance or |
| 3 | | resolution adopted by the municipality, park district, forest |
| 4 | | preserve district, conservation district, or transit district. |
| 5 | | The Department of Natural Resources is authorized to adopt |
| 6 | | administrative rules for the regulation of toy vehicles on any |
| 7 | | and all properties owned, managed, or leased by the Department |
| 8 | | of Natural Resources. |
| 9 | | (c) No person shall knowingly tamper with or modify the |
| 10 | | speed capability or engagement of a toy vehicle beyond the |
| 11 | | original speed capabilities of the device. |
| 12 | | (d) No unit of local government, including a home rule |
| 13 | | unit, may regulate toy vehicles in a manner that is less |
| 14 | | restrictive than this Section. This paragraph is a limitation |
| 15 | | under subsection (i) of Section 6 of Article VII of the |
| 16 | | Illinois Constitution on the concurrent exercise by home rule |
| 17 | | units of powers and functions exercised by the State. |
| 18 | | (625 ILCS 5/11-1403.4 new) |
| 19 | | Sec. 11-1403.4. Operation of motor driven cycles. |
| 20 | | (a) Except as otherwise provided in this Section, a person |
| 21 | | may operate a motor driven cycle upon any public highway, |
| 22 | | street, or roadway in this State. |
| 23 | | (b) Motor driven cycles shall not be operated on any |
| 24 | | sidewalk, bicycle lane, bicycle path, shared-use path, |
| 25 | | off-road bicycle trail or natural surface trail designated for |
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| 1 | | bicycle use, or any other bicycle-specific facility |
| 2 | | established under State or local law. For purposes of this |
| 3 | | subsection, "shared-use path" means any paved, off-street |
| 4 | | travel way designed to serve non-motorized vehicles and |
| 5 | | travelers. |
| 6 | | (c) Motor driven cycles shall not be operated upon |
| 7 | | interstate highways or upon any public land where expressly |
| 8 | | prohibited by the State governing body, department, or agency |
| 9 | | having jurisdiction thereof. |
| 10 | | (d) No person shall operate a motor driven cycle unless |
| 11 | | that person is in possession of a valid driver's license. |
| 12 | | Pursuant to Section 6-107.1, the Secretary may issue an |
| 13 | | instruction permit to a person 16 or 17 years of age that |
| 14 | | entitles the holder to drive upon the highways during daylight |
| 15 | | under direct supervision of a licensed motor driven cycle |
| 16 | | operator 21 years of age or older who has a license |
| 17 | | classification to operate such motor driven cycle and at least |
| 18 | | one year of driving experience. |
| 19 | | (e) A person may not operate a motor driven cycle while |
| 20 | | carrying a passenger unless that motor driven cycle was |
| 21 | | manufactured to carry a passenger. |
| 22 | | (f) A motor driven cycle manufactured to accommodate |
| 23 | | passengers may not be operated by a person under the age of 18 |
| 24 | | while transporting a passenger unless the passenger is a |
| 25 | | sibling, stepsibling, child, or stepchild of the operator. |
| 26 | | (g) Each motor driven cycle shall be equipped with a |
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| 1 | | speedometer that displays the speed of travel in miles per |
| 2 | | hour. Each motor driven cycle shall also be equipped with or |
| 3 | | display a vehicle identification number and conform with all |
| 4 | | federal vehicle safety standards as well as meet all |
| 5 | | applicable equipment requirements specified in this Article |
| 6 | | and Chapter 12. No person shall knowingly tamper with or |
| 7 | | modify the speed capability or engagement of a motor driven |
| 8 | | cycle beyond its originally intended capability. |
| 9 | | (h) Except as otherwise provided in this Section, every |
| 10 | | person operating a motor driven cycle upon a highway shall be |
| 11 | | granted all of the rights allowed under this Chapter, and |
| 12 | | shall be subject to all of the duties applicable to the driver |
| 13 | | of a vehicle by this Code, except as to any applicable special |
| 14 | | rules and those provisions of this Code which by their nature |
| 15 | | can have no application. |
| 16 | | (i) No retailer, wholesaler, distributor, or manufacturer |
| 17 | | shall market, advertise, label, or otherwise offer for sale a |
| 18 | | motor driven cycle in any manner that would reasonably cause a |
| 19 | | consumer to believe that the vehicle is a device that is not |
| 20 | | subject to the requirements of this Section. Any violation of |
| 21 | | this subsection constitutes an unlawful practice under the |
| 22 | | Consumer Fraud and Deceptive Business Practices Act, and is |
| 23 | | enforceable by the Attorney General or State's Attorneys under |
| 24 | | the Consumer Fraud and Deceptive Business Practices Act. Law |
| 25 | | enforcement officers are authorized to seize or impound |
| 26 | | vehicles marketed or sold in violation of this subsection, |
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| 1 | | pending resolution of proceedings initiated pursuant to the |
| 2 | | Consumer Fraud and Deceptive Business Practices Act. In |
| 3 | | addition to any penalty authorized under this subsection, the |
| 4 | | law enforcement agency may provide for the release of properly |
| 5 | | impounded vehicles and for the imposition of a reasonable |
| 6 | | administrative fee related to its confiscation and impounding. |
| 7 | | A retailer, wholesaler, distributor, or manufacturer that |
| 8 | | violates this subsection is subject to a civil penalty not |
| 9 | | exceeding $10,000 for each violation. Each mislabeled or |
| 10 | | falsely marketed vehicle constitutes a separate violation. |
| 11 | | (j) Any motor driven cycle found to be in violation of this |
| 12 | | Section may, in the discretion of the law enforcement agency |
| 13 | | having jurisdiction, be subject to confiscation and |
| 14 | | impoundment. The law enforcement agency may provide for the |
| 15 | | release of properly impounded vehicles and for the imposition |
| 16 | | of a reasonable administrative fee related to its confiscation |
| 17 | | and impounding. The administrative fee shall be waived upon |
| 18 | | verifiable proof that the vehicle was stolen or hijacked at |
| 19 | | the time the vehicle was impounded. |
| 20 | | (k) No unit of local government, including a home rule |
| 21 | | unit, may regulate motor driven cycles. This subsection (k) is |
| 22 | | a denial and limitation of home rule powers and functions |
| 23 | | under subsection (h) of Section 6 of Article VII of the |
| 24 | | Illinois Constitution, and is an exercise of exclusive State |
| 25 | | power which may not be exercised concurrently by a home rule |
| 26 | | unit. |
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| 1 | | (l) Every owner of a motor driven cycle is subject to the |
| 2 | | mandatory insurance requirements specified in Article VI of |
| 3 | | Chapter 7 of this Code. |
| 4 | | (m) The Secretary may adopt any rules necessary to |
| 5 | | implement this Section. |
| 6 | | (625 ILCS 5/11-1435 new) |
| 7 | | Sec. 11-1435. Operation of electric micromobility devices. |
| 8 | | (a) Except as otherwise provided in this Section, a person |
| 9 | | may operate an electric micromobility device upon any highway, |
| 10 | | street, roadway, bicycle lane, or bicycle path in this State. |
| 11 | | A person operating an electric micromobility device upon a |
| 12 | | highway, street, or roadway may not otherwise impede or |
| 13 | | obstruct other vehicular traffic. |
| 14 | | (b) An electric micromobility device shall not be operated |
| 15 | | on: |
| 16 | | (1) a sidewalk; |
| 17 | | (2) a highway with a speed limit in excess of 35 miles |
| 18 | | per hour, unless there is a designated bicycle lane on |
| 19 | | such highway; or |
| 20 | | (3) an interstate highway. |
| 21 | | Additionally, any such electric micromobility device |
| 22 | | capable of and operating in excess of 28 miles per hour shall |
| 23 | | be prohibited from operating on any public highway, regardless |
| 24 | | of speed limit, and shall further be prohibited from bicycle |
| 25 | | lanes and bicycle paths. |
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| 1 | | (c) The Department of Transportation and the Department of |
| 2 | | Natural Resources may adopt administrative rules prohibiting |
| 3 | | the use of electric micromobility devices upon any highway, |
| 4 | | street, roadway, bicycle lane, or bicycle path under its |
| 5 | | jurisdiction. |
| 6 | | Notwithstanding subsection (o), park districts, forest |
| 7 | | preserve districts, conservation districts, and transit |
| 8 | | districts may, by ordinance or resolution, regulate the use of |
| 9 | | electric micromobility devices upon any bicycle path under its |
| 10 | | jurisdiction. |
| 11 | | (d) A person may not operate an electric micromobility |
| 12 | | device unless the person is 16 years of age or older. |
| 13 | | (e) Every electric micromobility device shall be equipped |
| 14 | | with a functioning brake or mechanism that allows for the |
| 15 | | deceleration of the device when in use that will adequately |
| 16 | | control movement of the device and allow the device to be |
| 17 | | stopped. Every electric micromobility device, when in use at |
| 18 | | nighttime, shall also be equipped with a lamp on the front that |
| 19 | | emits a white light visible from a distance of at least 500 |
| 20 | | feet to the front and with a red reflector on the rear that is |
| 21 | | visible from all distances from 100 feet to 600 feet to the |
| 22 | | rear when directly in front of lawful lower beams of headlamps |
| 23 | | on a motor vehicle, except that a lamp emitting a steady or |
| 24 | | flashing red light visible from a distance of 500 feet to the |
| 25 | | rear may be used in addition to or instead of the red |
| 26 | | reflector. A person operating an electric micromobility device |
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| 1 | | at nighttime may also use a headlamp equipped with lighting |
| 2 | | sufficient to meet the visibility requirements of this |
| 3 | | subsection. |
| 4 | | (f) An electric micromobility device may be parked in the |
| 5 | | same manner and at the same locations as a bicycle may be |
| 6 | | parked; however, such device must not obstruct any sidewalk or |
| 7 | | pedestrian right-of-way. |
| 8 | | (g) A person may not use an electric micromobility device |
| 9 | | to carry a passenger unless the device was originally designed |
| 10 | | to carry more than one person at a time. |
| 11 | | (h) No person riding upon any electric micromobility |
| 12 | | device shall attach the device or the person to any vehicle |
| 13 | | upon a roadway. |
| 14 | | (i) No person shall knowingly tamper with or modify the |
| 15 | | speed capability or engagement of an electric micromobility |
| 16 | | device beyond the original speed capability of the device. |
| 17 | | (j) A person may not operate an electric micromobility |
| 18 | | device while under the influence of alcohol or any drug. |
| 19 | | (k) Every electric micromobility device shall be |
| 20 | | well-maintained and in good operating condition. |
| 21 | | (l) An electric micromobility device shall not be equipped |
| 22 | | with a siren nor shall any person use any siren upon an |
| 23 | | electric micromobility device. This subsection does not apply |
| 24 | | to an electric micromobility device used by a police or fire |
| 25 | | department. |
| 26 | | (m) Any electric micromobility device operated in |
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| 1 | | violation of or found to be in violation of this Section may, |
| 2 | | in the discretion of the law enforcement agency having |
| 3 | | jurisdiction, be subject to confiscation and impoundment. The |
| 4 | | law enforcement agency may provide for the release of a |
| 5 | | properly impounded vehicle and for the imposition of a |
| 6 | | reasonable administrative fee related to its confiscation and |
| 7 | | impounding. The administrative fee shall be waived upon |
| 8 | | verifiable proof that the vehicle was stolen or hijacked at |
| 9 | | the time the vehicle was impounded. |
| 10 | | (n) Every person operating an electric micromobility |
| 11 | | device upon a highway shall be granted all of the rights |
| 12 | | allowed by this Chapter, and shall be subject to all of the |
| 13 | | duties applicable to the driver of a vehicle by this Code, |
| 14 | | except as to any applicable special rules and those provisions |
| 15 | | of this Code which by their nature can have no application. |
| 16 | | (o) Except as specifically authorized in this Section, no |
| 17 | | unit of local government, including a home rule unit, may |
| 18 | | regulate electric micromobility devices. This subsection (o) |
| 19 | | is a denial and limitation of home rule powers and functions |
| 20 | | under subsection (h) of Section 6 of Article VII of the |
| 21 | | Illinois Constitution, and is an exercise of exclusive State |
| 22 | | power which may not be exercised concurrently by a home rule |
| 23 | | unit. |
| 24 | | (p) The Secretary may adopt any rules necessary to |
| 25 | | implement this Section. |
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| 1 | | (625 ILCS 5/11-1435.5 new) |
| 2 | | Sec. 11-1435.5. Personal mobility device accommodation. |
| 3 | | Nothing in this Code shall be construed to prohibit the use of |
| 4 | | or reasonable accommodation for personal mobility devices as |
| 5 | | defined under and meeting the requirements of the Americans |
| 6 | | with Disabilities Act of 1990, including federal regulations |
| 7 | | adopted therefor, when operated by persons with a mobility |
| 8 | | disability. |
| 9 | | (625 ILCS 5/11-1501) (from Ch. 95 1/2, par. 11-1501) |
| 10 | | Sec. 11-1501. Application of rules. |
| 11 | | (a) It is unlawful for any person to do any act forbidden |
| 12 | | or fail to perform any act required in Article XV of Chapter 11 |
| 13 | | of this Code. |
| 14 | | (b) The parent of any child and the guardian of any ward |
| 15 | | shall not authorize or knowingly permit any such child or ward |
| 16 | | to violate any of the provisions of this Code. |
| 17 | | (c) The provisions of this Article XV that apply to |
| 18 | | bicycles also apply to adaptive electric bicycles when |
| 19 | | operated by a person with a mobility disability. |
| 20 | | (d) Except as may otherwise be provided in this Code and to |
| 21 | | the extent practicable, the provisions of Article XV of |
| 22 | | Chapter 11 that apply to bicycles shall also apply to electric |
| 23 | | unicycles. |
| 24 | | (e) Except as may otherwise be provided in this Code and to |
| 25 | | the extent practicable, the provisions of Article XV of |
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| 1 | | Chapter 11 that apply to bicycles shall also apply to |
| 2 | | unicycles. |
| 3 | | (Source: P.A. 82-132.) |
| 4 | | (625 ILCS 5/11-1516) |
| 5 | | Sec. 11-1516. Low-speed gas bicycles. |
| 6 | | (a) A person may operate a low-speed gas bicycle only if |
| 7 | | the person is at least 16 years of age. A low-speed gas bicycle |
| 8 | | that is manufactured to accommodate passengers may not be |
| 9 | | operated by a person under the age of 18 with a passenger |
| 10 | | unless the passenger is a sibling, stepsibling, child, or |
| 11 | | stepchild of the operator. |
| 12 | | (a-5) A person may operate a low-speed gas bicycle upon |
| 13 | | any highway, street, or roadway authorized for use by |
| 14 | | bicycles, including, but not limited to, bicycle lanes. |
| 15 | | (a-10) A person may operate a low-speed gas bicycle upon |
| 16 | | any bicycle path unless the State agency with jurisdiction |
| 17 | | prohibits the use of low-speed gas bicycles or a specific |
| 18 | | class of low-speed gas bicycles on that path. The Department |
| 19 | | of Natural Resources is authorized to adopt administrative |
| 20 | | rules for the regulation of low-speed gas bicycles on any and |
| 21 | | all properties owned, managed, or leased by the Department of |
| 22 | | Natural Resources. |
| 23 | | Notwithstanding subsection (e), park districts, forest |
| 24 | | preserve districts, conservation districts, and transit |
| 25 | | districts may, by ordinance or resolution, regulate the use of |
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| 1 | | low-speed gas bicycles upon any bicycle path under its |
| 2 | | jurisdiction. |
| 3 | | (b) A person may not operate a low-speed gas bicycle at a |
| 4 | | speed greater than 28 20 miles per hour upon any highway, |
| 5 | | street, or roadway. |
| 6 | | (c) A person may not operate a low-speed gas bicycle on a |
| 7 | | sidewalk. |
| 8 | | (d) Except as otherwise provided in this Section, the |
| 9 | | provisions of this Article XV that apply to bicycles also |
| 10 | | apply to low-speed gas bicycles. |
| 11 | | (e) Except as specifically authorized in this Section, no |
| 12 | | unit of local government, including a home rule unit, may |
| 13 | | regulate low-speed gas bicycles. This subsection (e) is a |
| 14 | | denial and limitation of home rule powers and functions under |
| 15 | | subsection (h) of Section 6 of Article VII of the Illinois |
| 16 | | Constitution, and is an exercise of exclusive State power |
| 17 | | which may not be exercised concurrently by a home rule unit. |
| 18 | | (Source: P.A. 100-209, eff. 1-1-18.) |
| 19 | | (625 ILCS 5/11-1517) |
| 20 | | Sec. 11-1517. Low-speed electric bicycles. |
| 21 | | (a) Except as otherwise provided in this Section, the |
| 22 | | provisions of this Chapter that apply to bicycles also apply |
| 23 | | to low-speed electric bicycles. |
| 24 | | (b) Each low-speed electric bicycle operating in this |
| 25 | | State shall comply with equipment and manufacturing |
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| 1 | | requirements adopted by the United States Consumer Product |
| 2 | | Safety Commission under 16 CFR 1512. Each Class 3 low-speed |
| 3 | | electric bicycle shall be equipped with a speedometer that |
| 4 | | displays the speed the bicycle is traveling in miles per hour. |
| 5 | | (c) Beginning on or after January 1, 2018, every |
| 6 | | manufacturer and distributor of low-speed electric bicycles |
| 7 | | shall apply a label that is permanently affixed to the bicycle |
| 8 | | in a prominent location. The label shall contain, in Arial |
| 9 | | font in at least 9-point type: |
| 10 | | (1) a classification number for the bicycle that |
| 11 | | corresponds with a class under Section 1-140.10 of this |
| 12 | | Code; |
| 13 | | (2) the bicycle's top assisted speed; and |
| 14 | | (3) the bicycle's motor wattage. |
| 15 | | No person shall knowingly tamper or modify the speed |
| 16 | | capability or engagement of a low-speed electric bicycle |
| 17 | | without replacing the label required under this subsection |
| 18 | | (c). |
| 19 | | (d) A Class 2 low-speed electric bicycle shall operate in |
| 20 | | a manner so that the electric motor is disengaged or ceases to |
| 21 | | function when the brakes are applied. A Class 1 low-speed |
| 22 | | electric bicycle and a Class 3 low-speed electric bicycle |
| 23 | | shall operate in a manner so that the electric motor is |
| 24 | | disengaged or ceases to function when the rider stops |
| 25 | | pedaling. |
| 26 | | (e) A person may operate a low-speed electric bicycle upon |
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| 1 | | any highway, street, or roadway authorized for use by |
| 2 | | bicycles, including, but not limited to, bicycle lanes. |
| 3 | | (f) A person may operate a low-speed electric bicycle upon |
| 4 | | any bicycle path unless the State agency municipality, county, |
| 5 | | or local authority with jurisdiction prohibits the use of |
| 6 | | low-speed electric bicycles or a specific class of low-speed |
| 7 | | electric bicycles on that path. The Department of Natural |
| 8 | | Resources is authorized to adopt administrative rules for the |
| 9 | | regulation of low-speed electric bicycles on any and all |
| 10 | | properties owned, managed, or leased by the Department of |
| 11 | | Natural Resources. |
| 12 | | Notwithstanding subsection (i), park districts, forest |
| 13 | | preserve districts, conservation districts, and transit |
| 14 | | districts may, by ordinance or resolution, regulate the use of |
| 15 | | low-speed electric bicycles upon any bicycle path under its |
| 16 | | jurisdiction. |
| 17 | | (g) A person may not operate a low-speed electric bicycle |
| 18 | | on a sidewalk. |
| 19 | | (h) A person may operate a Class 1 or Class 2 low-speed |
| 20 | | electric bicycle only if the person is 15 years of age or |
| 21 | | older. A person may operate a Class 3 low-speed electric |
| 22 | | bicycle only if the person he or she is 16 years of age or |
| 23 | | older. A person who is less than 16 years of age may ride as a |
| 24 | | passenger on a Class 3 low-speed electric bicycle that is |
| 25 | | designed to accommodate passengers. A low-speed electric |
| 26 | | bicycle that is manufactured to accommodate passengers may not |
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| 1 | | be operated by a person under the age of 18 with a passenger |
| 2 | | unless the passenger is a sibling, stepsibling, child, or |
| 3 | | stepchild of the operator. |
| 4 | | (i) Except as specifically authorized in this Section, no |
| 5 | | unit of local government, including a home rule unit, may |
| 6 | | regulate low-speed electric bicycles. This subsection (i) is a |
| 7 | | denial and limitation of home rule powers and functions under |
| 8 | | subsection (h) of Section 6 of Article VII of the Illinois |
| 9 | | Constitution, and is an exercise of exclusive State power |
| 10 | | which may not be exercised concurrently by a home rule unit. |
| 11 | | (Source: P.A. 100-209, eff. 1-1-18.) |
| 12 | | (625 ILCS 5/11-1518 rep.) |
| 13 | | Section 10. The Illinois Vehicle Code is amended by |
| 14 | | repealing Section 11-1518. |
| 15 | | Section 15. The Micromobility Fire Safety Act is amended |
| 16 | | by changing Section 10 as follows: |
| 17 | | (815 ILCS 361/10) |
| 18 | | Sec. 10. Definitions. As used in this Act: |
| 19 | | "Accredited testing laboratory" means an independent |
| 20 | | third-party organization providing certification and testing |
| 21 | | for micromobility products, including low-speed electric |
| 22 | | bicycles and personal e-mobility devices, that has received |
| 23 | | ISO/IEC 17065 or ISO/IEC 17025 accreditation from an |
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| 1 | | independent accreditation body that is a member of the |
| 2 | | International Accreditation Forum. |
| 3 | | "Electric micromobility device" has the meaning set forth |
| 4 | | in Section 1-117.6 of the Illinois Vehicle Code. |
| 5 | | "Electric personal assistive mobility device" has the |
| 6 | | meaning set forth in Section 1-117.7 of the Illinois Vehicle |
| 7 | | Code. |
| 8 | | "Lithium-ion battery" or "cell" means a rechargeable |
| 9 | | electrochemical cell or battery in which the positive and |
| 10 | | negative electrodes are both lithium compounds constructed |
| 11 | | with no metallic lithium in either electrode. "Lithium-ion |
| 12 | | battery" or "cell" includes a lithium-ion polymer battery or |
| 13 | | cell that uses lithium-ion chemistries. |
| 14 | | "Low-speed electric scooter" has the meaning set forth in |
| 15 | | Section 1-140.11 of the Illinois Vehicle Code. |
| 16 | | "Moped" has the meaning set forth in Section 1-148.2 of |
| 17 | | the Illinois Vehicle Code. |
| 18 | | "Motor driven Motor-driven cycle" has the meaning set forth |
| 19 | | in Section 1-145.001 of the Illinois Vehicle Code. |
| 20 | | "Off-highway motorcycle" has the meaning set forth in |
| 21 | | Section 1-153.1 of the Illinois Vehicle Code. |
| 22 | | "Personal e-mobility device" means a consumer mobility |
| 23 | | device, other than a low-speed electric bicycle, intended for |
| 24 | | a single rider with a traction battery and electric motor or |
| 25 | | drive train that propels the device, which may be |
| 26 | | self-balancing and may be provided with a handle for grasping |
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| 1 | | while riding, a seat for the rider, or operable pedals. |
| 2 | | "Personal e-mobility device" includes an electric personal |
| 3 | | assistive mobility device and electric micromobility device |
| 4 | | low-speed electric scooter. "Personal e-mobility device" also |
| 5 | | includes a skateboard, motor driven motor-driven cycle, moped, |
| 6 | | and off-highway motorcycle, if those vehicles are propelled by |
| 7 | | an electric motor. |
| 8 | | "Recycling" means any process by which materials that |
| 9 | | would otherwise become waste are collected, separated, or |
| 10 | | processed for the purpose of returning the materials to the |
| 11 | | economic mainstream in the form of raw materials for new |
| 12 | | products. |
| 13 | | "Traction battery" means a rechargeable lithium-ion |
| 14 | | battery used to power the electric drive motor of a low-speed |
| 15 | | electric bicycle bicycles or personal e-mobility device |
| 16 | | devices. |
| 17 | | (Source: P.A. 104-414, eff. 1-1-26.) |
| 18 | | Section 20. The Consumer Fraud and Deceptive Business |
| 19 | | Practices Act is amended by changing Section 2Z as follows: |
| 20 | | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z) |
| 21 | | Sec. 2Z. Violations of other Acts. Any person who |
| 22 | | knowingly violates the Automotive Repair Act, the Automotive |
| 23 | | Collision Repair Act, the Home Repair and Remodeling Act, the |
| 24 | | Dance Studio Act, the Physical Fitness Services Act, the |
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| 1 | | Hearing Instrument Consumer Protection Act, the Illinois Union |
| 2 | | Label Act, the Installment Sales Contract Act, the Job |
| 3 | | Referral and Job Listing Services Consumer Protection Act, the |
| 4 | | Travel Promotion Consumer Protection Act, the Credit Services |
| 5 | | Organizations Act, the Automatic Telephone Dialers Act, the |
| 6 | | Pay-Per-Call Services Consumer Protection Act, the Telephone |
| 7 | | Solicitations Act, the Illinois Funeral or Burial Funds Act, |
| 8 | | the Cemetery Oversight Act, the Cemetery Care Act, the Safe |
| 9 | | and Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales |
| 10 | | Act, the High Risk Home Loan Act, the Payday Loan Reform Act, |
| 11 | | the Predatory Loan Prevention Act, the Mortgage Rescue Fraud |
| 12 | | Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax |
| 13 | | Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use |
| 14 | | Tax Act, the Electronic Mail Act, the Internet Caller |
| 15 | | Identification Act, paragraph (6) of subsection (k) of Section |
| 16 | | 6-305 of the Illinois Vehicle Code, Section 11-1431, 18d-115, |
| 17 | | 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois |
| 18 | | Vehicle Code, subsection (i) of Section 11-1403.4 of the |
| 19 | | Illinois Vehicle Code, Article 3 of the Residential Real |
| 20 | | Property Disclosure Act, the Automatic Contract Renewal Act, |
| 21 | | the Reverse Mortgage Act, Section 25 of the Youth Mental |
| 22 | | Health Protection Act, the Personal Information Protection |
| 23 | | Act, or the Student Online Personal Protection Act commits an |
| 24 | | unlawful practice within the meaning of this Act. |
| 25 | | (Source: P.A. 100-315, eff. 8-24-17; 100-416, eff. 1-1-18; |
| 26 | | 100-863, eff. 8-14-18; 101-658, eff. 3-23-21.) |