Judiciary I - Civil Law Committee
Adopted in House Comm. on Apr 12, 2005
 
 

 




 

 		












09400HB2390ham001

LRB094 07041 DRH 43981 a






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AMENDMENT TO HOUSE BILL 2390




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

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



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



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

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bicycles.  
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    (a) Every person riding a bicycle upon a highway shall be

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

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

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    (2) No public entity shall be liable under this subsection 
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(b) for failure to remedy any surface condition of a highway 
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that caused injury to a person riding a bicycle if that surface 
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condition is not hazardous to a passenger car. The following 
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surface conditions shall not create liability for a public 
 


 






09400HB2390ham001
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LRB094 07041 DRH 43981 a




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entity unless the condition would be hazardous to a passenger 
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car: (A) irregular surfaces; (B) pavement stress cracks; (C) 
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speed bumps and curbs; (D) expansion joints; (E) accumulations 
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of gravel, dirt, ice, snow, and water on road and shoulder 
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surfaces; (F) existing sewer grates, manholes, and drain covers 
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unless missing; (G) inadequate artificial lighting of the 
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roadway.

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

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