Full Text of HB0245 101st General Assembly
HB0245eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 11-208 and by adding Sections 1-144.01, 1-144.02, and | 6 | | 11-1412.3 as follows: | 7 | | (625 ILCS 5/1-144.01 new) | 8 | | Sec. 1-144.01. Mobile carrying device. | 9 | | (a) An electrically powered device that: | 10 | | (1) is operated by a mobile carrying device operator on | 11 | | sidewalks and crosswalks and intended primarily for | 12 | | transporting personal property; | 13 | | (2) weighs less than 90 pounds, excluding cargo; | 14 | | (3) has a maximum speed of 12.5 miles per hour; | 15 | | (4) is equipped with a technology to transport personal | 16 | | property with the active monitoring of a property owner; | 17 | | and | 18 | | (5) is primarily designed to remain within 10 feet of | 19 | | the personal property owner. | 20 | | (b) A mobile carrying device is not considered a vehicle | 21 | | unless expressly defined by law as a vehicle. | 22 | | (625 ILCS 5/1-144.02 new) |
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| 1 | | Sec. 1-144.02. Mobile carrying device operator. A person | 2 | | exercising control over the mobile carrying device.
| 3 | | (625 ILCS 5/11-208)
(from Ch. 95 1/2, par. 11-208)
| 4 | | Sec. 11-208. Powers of local authorities.
| 5 | | (a) The provisions of this Code shall not be deemed to | 6 | | prevent
local authorities with respect to streets and highways | 7 | | under their
jurisdiction and within the reasonable exercise of | 8 | | the police power from:
| 9 | | 1. Regulating the standing or parking of vehicles, | 10 | | except as
limited by Sections 11-1306 and 11-1307 of this | 11 | | Act;
| 12 | | 2. Regulating traffic by means of police officers or | 13 | | traffic control
signals;
| 14 | | 3. Regulating or prohibiting processions or | 15 | | assemblages on the highways; and certifying persons to | 16 | | control traffic for processions or assemblages;
| 17 | | 4. Designating particular highways as one-way highways | 18 | | and requiring that
all vehicles thereon be moved in one | 19 | | specific direction;
| 20 | | 5. Regulating the speed of vehicles in public parks | 21 | | subject to the
limitations set forth in Section 11-604;
| 22 | | 6. Designating any highway as a through highway, as | 23 | | authorized in Section
11-302, and requiring that all | 24 | | vehicles stop before entering or crossing
the same or | 25 | | designating any intersection as a stop intersection or a |
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| 1 | | yield
right-of-way intersection and requiring all vehicles | 2 | | to stop or yield the
right-of-way at one or more entrances | 3 | | to such intersections;
| 4 | | 7. Restricting the use of highways as authorized in | 5 | | Chapter 15;
| 6 | | 8. Regulating the operation of mobile carrying | 7 | | devices, bicycles, low-speed electric bicycles, and | 8 | | low-speed gas bicycles, and requiring the
registration and | 9 | | licensing of same, including the requirement of a
| 10 | | registration fee;
| 11 | | 9. Regulating or prohibiting the turning of vehicles or | 12 | | specified
types of vehicles at intersections;
| 13 | | 10. Altering the speed limits as authorized in Section | 14 | | 11-604;
| 15 | | 11. Prohibiting U-turns;
| 16 | | 12. Prohibiting pedestrian crossings at other than | 17 | | designated and marked
crosswalks or at intersections;
| 18 | | 13. Prohibiting parking during snow removal operation;
| 19 | | 14. Imposing fines in accordance with Section | 20 | | 11-1301.3 as penalties
for use of any parking place | 21 | | reserved for persons with disabilities, as defined
by | 22 | | Section 1-159.1, or veterans with disabilities by any | 23 | | person using a motor
vehicle not bearing registration | 24 | | plates specified in Section 11-1301.1
or a special decal or | 25 | | device as defined in Section 11-1301.2
as evidence that the | 26 | | vehicle is operated by or for a person
with disabilities or |
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| 1 | | a veteran with a disability;
| 2 | | 15. Adopting such other traffic regulations as are | 3 | | specifically
authorized by this Code; or
| 4 | | 16. Enforcing the provisions of subsection (f) of | 5 | | Section 3-413 of this
Code or a similar local ordinance.
| 6 | | (b) No ordinance or regulation enacted under paragraph 1, | 7 | | 4, 5, 6, 7,
9, 10, 11 or 13 of subsection (a) shall be effective | 8 | | until signs giving
reasonable notice of such local traffic | 9 | | regulations are posted.
| 10 | | (c) The provisions of this Code shall not prevent any
| 11 | | municipality having a population of 500,000 or more inhabitants | 12 | | from
prohibiting any person from driving or operating any motor | 13 | | vehicle upon
the roadways of such municipality with headlamps | 14 | | on high beam or bright.
| 15 | | (d) The provisions of this Code shall not be deemed to | 16 | | prevent local
authorities within the reasonable exercise of | 17 | | their police power from
prohibiting, on private property, the | 18 | | unauthorized use of parking spaces
reserved for persons with | 19 | | disabilities.
| 20 | | (e) No unit of local government, including a home rule | 21 | | unit, may enact or
enforce an ordinance that applies only to | 22 | | motorcycles if the principal purpose
for that ordinance is to | 23 | | restrict the access of motorcycles to any highway or
portion of | 24 | | a highway for which federal or State funds have been used for | 25 | | the
planning, design, construction, or maintenance of that | 26 | | highway. No unit of
local government, including a home rule |
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| 1 | | unit, may enact an ordinance requiring
motorcycle users to wear | 2 | | protective headgear. Nothing in this subsection
(e) shall | 3 | | affect the authority of a unit of local government to regulate
| 4 | | motorcycles for traffic control purposes or in accordance with | 5 | | Section 12-602
of this Code. No unit of local government, | 6 | | including a home rule unit, may
regulate motorcycles in a | 7 | | manner inconsistent with this Code. This subsection
(e) is a | 8 | | limitation under subsection (i) of Section 6 of Article VII of | 9 | | the
Illinois Constitution on the concurrent exercise by home | 10 | | rule units of powers
and functions exercised by the State.
| 11 | | (e-5) The City of Chicago may enact an ordinance providing | 12 | | for a noise monitoring system upon any portion of the roadway | 13 | | known as Lake Shore Drive. Twelve months after the installation | 14 | | of the noise monitoring system, and any time after the first | 15 | | report as the City deems necessary, the City of Chicago shall | 16 | | prepare a noise monitoring report with the data collected from | 17 | | the system and shall, upon request, make the report available | 18 | | to the public. For purposes of this subsection (e-5), "noise | 19 | | monitoring system" means an automated noise monitor capable of | 20 | | recording noise levels 24 hours per day and 365 days per year | 21 | | with computer equipment sufficient to process the data. | 22 | | (e-10) A unit of local government, including a home rule | 23 | | unit, may not enact an ordinance prohibiting the use of | 24 | | Automated Driving System equipped vehicles on its roadways. | 25 | | Nothing in this subsection (e-10) shall affect the authority of | 26 | | a unit of local government to regulate Automated Driving System |
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| 1 | | equipped vehicles for traffic control purposes. No unit of | 2 | | local government, including a home rule unit, may regulate | 3 | | Automated Driving System equipped vehicles in a manner | 4 | | inconsistent with this Code. For purposes of this subsection | 5 | | (e-10), "Automated Driving System equipped vehicle" means any | 6 | | vehicle equipped with an Automated Driving System of hardware | 7 | | and software that are collectively capable of performing the | 8 | | entire dynamic driving task on a sustained basis, regardless of | 9 | | whether it is limited to a specific operational domain. This | 10 | | subsection (e-10) is a limitation under subsection (i) of | 11 | | Section 6 of Article VII of the Illinois Constitution on the | 12 | | concurrent exercise by home rule units of powers and functions | 13 | | exercised by the State. | 14 | | (f) A municipality or county designated in Section 11-208.6 | 15 | | may enact an ordinance providing for an
automated traffic law | 16 | | enforcement system to enforce violations of this Code or
a | 17 | | similar provision of a local ordinance and imposing liability | 18 | | on a registered owner or lessee of a vehicle used in such a | 19 | | violation.
| 20 | | (g) A municipality or county, as provided in Section | 21 | | 11-1201.1, may enact an ordinance providing for an automated | 22 | | traffic law enforcement system to enforce violations of Section | 23 | | 11-1201 of this Code or a similar provision of a local | 24 | | ordinance and imposing liability on a registered owner of a | 25 | | vehicle used in such a violation.
| 26 | | (h) A municipality designated in Section 11-208.8 may enact |
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| 1 | | an ordinance providing for an
automated speed enforcement | 2 | | system to enforce violations of Article VI of Chapter 11 of | 3 | | this Code or a similar provision of a local ordinance. | 4 | | (i) A municipality or county designated in Section 11-208.9 | 5 | | may enact an ordinance providing for an
automated traffic law | 6 | | enforcement system to enforce violations of Section 11-1414 of | 7 | | this Code or
a similar provision of a local ordinance and | 8 | | imposing liability on a registered owner or lessee of a vehicle | 9 | | used in such a violation. | 10 | | (Source: P.A. 99-143, eff. 7-27-15; 100-209, eff. 1-1-18; | 11 | | 100-257, eff. 8-22-17; 100-352, eff. 6-1-18; 100-863, eff. | 12 | | 8-14-18.) | 13 | | (625 ILCS 5/11-1412.3 new) | 14 | | Sec. 11-1412.3. Ownership and operation of a mobile | 15 | | carrying device. | 16 | | (a) A mobile carrying device may be operated on a sidewalk | 17 | | or crosswalk so long as all of the following requirements are | 18 | | met: | 19 | | (1) the mobile carrying device is operated in | 20 | | accordance with the local ordinances, if any, established | 21 | | by the local authority governing where the mobile carrying | 22 | | device is operated; | 23 | | (2) a personal property owner is actively monitoring | 24 | | the operation and navigation of the mobile carrying device; | 25 | | and |
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| 1 | | (3) the mobile carrying device is equipped with a | 2 | | braking system that enables the mobile carrying device to | 3 | | perform a controlled stop. | 4 | | (b) A mobile carrying device operator may not do any of
the | 5 | | following: | 6 | | (1) fail to comply with traffic or pedestrian control | 7 | | devices and signals; | 8 | | (2) unreasonably interfere with pedestrians or | 9 | | traffic; | 10 | | (3) transport a person; or | 11 | | (4) operate on a street or highway, except when | 12 | | crossing the street or highway within a crosswalk. | 13 | | (c) A mobile carrying device operator has the rights and | 14 | | obligations applicable to a pedestrian under the same | 15 | | circumstances, and shall ensure that a mobile carrying device | 16 | | shall yield the right-of-way to a pedestrian on a sidewalk or | 17 | | within a crosswalk. | 18 | | (d) A personal property owner may not utilize a mobile | 19 | | carrying device to transport hazardous materials. | 20 | | (e) A personal property owner may not utilize a mobile
| 21 | | carrying device unless the person complies with this Section. | 22 | | (f) A mobile carrying device operator who is not a natural | 23 | | person shall register with the Secretary of State. | 24 | | (g) No contract seeking to exempt a mobile carrying device | 25 | | operator from liability for injury, loss, or death caused by a | 26 | | mobile carrying device shall be valid, and contractual |
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| 1 | | provisions limiting the choice of venue or forum, shortening | 2 | | the statute of limitations, shifting the risk to the user, | 3 | | limiting the availability of class actions, or obtaining | 4 | | judicial remedies shall be invalid and unenforceable. | 5 | | (h) A violation of this Section is a petty offense.
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law. |
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