Full Text of HB2902 103rd General Assembly
HB2902eng 103RD 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 | 5 | | changing Sections 1-146, 1-188, and 1-217 and adding Sections | 6 | | 1-159.15, 1-159.16, 11-1005.2, and 11-1412.4 as follows:
| 7 | | (625 ILCS 5/1-146) (from Ch. 95 1/2, par. 1-146)
| 8 | | Sec. 1-146. Motor vehicle. Every vehicle which is | 9 | | self-propelled and
every vehicle which is
propelled by | 10 | | electric power obtained from overhead trolley wires, but not
| 11 | | operated upon rails, except for vehicles moved solely by human | 12 | | power,
personal delivery devices, motorized wheelchairs, | 13 | | low-speed electric bicycles, and low-speed gas bicycles. For | 14 | | this Act, motor vehicles are divided into two
divisions:
| 15 | | First Division: Those motor vehicles which are designed | 16 | | for the carrying
of not more than 10 persons.
| 17 | | Second Division: Those motor vehicles which are designed | 18 | | for carrying
more than 10 persons, those motor vehicles | 19 | | designed or used for living
quarters, those
motor vehicles | 20 | | which are designed for pulling or carrying freight, cargo
or | 21 | | implements of husbandry, and those motor vehicles of
the First | 22 | | Division remodelled for use and used
as motor vehicles of the | 23 | | Second Division.
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| 1 | | (Source: P.A. 96-125, eff. 1-1-10.)
| 2 | | (625 ILCS 5/1-159.15 new) | 3 | | Sec. 1-159.15. Personal delivery device. A powered device | 4 | | that is: | 5 | | (1) intended to be operated primarily on sidewalks, | 6 | | crosswalks, and other pedestrian areas to transport cargo; | 7 | | (2) not intended to carry passengers; and | 8 | | (3) capable of navigating with the active control or | 9 | | monitoring of a natural person. | 10 | | (625 ILCS 5/1-159.16 new) | 11 | | Sec. 1-159.16. Personal delivery device operator. A person | 12 | | or an agent of a person who exercises control or monitoring | 13 | | over the operation of a personal delivery device. A person or | 14 | | an agent of a person shall not be considered a personal | 15 | | delivery operator solely because the person or agent: | 16 | | (1) requests or receives the delivery or services of a | 17 | | personal delivery device; | 18 | | (2) arranges for or dispatches the requested services | 19 | | of a personal delivery device; or | 20 | | (3) stores, charges, or maintains a personal delivery | 21 | | device.
| 22 | | (625 ILCS 5/1-188) (from Ch. 95 1/2, par. 1-188)
| 23 | | Sec. 1-188. Sidewalk. That portion of a street between the |
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| 1 | | curb lines, or the lateral lines of
a roadway, and the adjacent | 2 | | property lines, primarily intended for use of
pedestrians.
| 3 | | (Source: P.A. 76-1586.)
| 4 | | (625 ILCS 5/1-217) (from Ch. 95 1/2, par. 1-217)
| 5 | | (Text of Section before amendment by P.A. 102-1130 )
| 6 | | Sec. 1-217. Vehicle. Every device, in, upon or by which | 7 | | any person or
property is or may be transported or drawn upon a | 8 | | highway or requiring a
certificate of title under Section | 9 | | 3-101(d) of this Code, except
devices
moved by human power, | 10 | | devices used exclusively upon stationary rails or
tracks and | 11 | | snowmobiles as defined in the Snowmobile Registration and
| 12 | | Safety Act.
| 13 | | For the purposes of this Code, unless otherwise | 14 | | prescribed, a device
shall be considered to be a vehicle until | 15 | | such time it either comes within
the definition of a junk | 16 | | vehicle, as defined under this Code, or a junking
certificate | 17 | | is issued for it.
| 18 | | For this Code, vehicles are divided into 2 divisions:
| 19 | | First Division: Those motor vehicles which are designed | 20 | | for the carrying
of not more than 10 persons.
| 21 | | Second Division: Those vehicles which are designed for | 22 | | carrying more than
10 persons, those designed or used for | 23 | | living quarters and those vehicles
which are designed for | 24 | | pulling or carrying property, freight or cargo,
those motor | 25 | | vehicles of the First Division remodelled for use and used as
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| 1 | | motor vehicles of the Second Division, and those motor | 2 | | vehicles of the
First Division used and registered as school | 3 | | buses.
| 4 | | (Source: P.A. 92-812, eff. 8-21-02.)
| 5 | | (Text of Section after amendment by P.A. 102-1130 )
| 6 | | Sec. 1-217. Vehicle. Every device, in, upon or by which | 7 | | any person or
property is or may be transported or drawn upon a | 8 | | highway or requiring a
certificate of title under Section | 9 | | 3-101(d) of this Code, except
devices
moved by human power, | 10 | | personal delivery devices, devices used exclusively upon | 11 | | stationary rails or
tracks, and snowmobiles as defined in the | 12 | | Snowmobile Registration and
Safety Act.
| 13 | | For the purposes of this Code, unless otherwise | 14 | | prescribed, a device
shall be considered to be a vehicle until | 15 | | such time it either comes within
the definition of a junk | 16 | | vehicle, as defined under this Code, or a junking
certificate | 17 | | is issued for it.
| 18 | | For this Code, vehicles are divided into 2 divisions:
| 19 | | First Division: Those motor vehicles which are designed | 20 | | for the carrying
of not more than 10 persons.
| 21 | | Second Division: Those vehicles which are designed for | 22 | | carrying more than
10 persons, those designed or used for | 23 | | living quarters and those vehicles
which are designed for | 24 | | pulling or carrying property, freight, or cargo and
those | 25 | | motor vehicles of the First Division remodelled for use and |
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| 1 | | used as
motor vehicles of the Second Division.
| 2 | | (Source: P.A. 102-1130, eff. 7-1-23.)
| 3 | | (625 ILCS 5/11-1005.2 new) | 4 | | Sec. 11-1005.2. Personal delivery devices. A business | 5 | | entity may operate a personal delivery device in pedestrian | 6 | | areas with all the rights and duties applicable to a | 7 | | pedestrian under this Chapter, except that a personal delivery | 8 | | device shall not unreasonably interfere with any pedestrian or | 9 | | traffic and shall yield the right-of-way to a pedestrian on | 10 | | the sidewalk or crosswalk. | 11 | | (625 ILCS 5/11-1412.4 new) | 12 | | Sec. 11-1412.4. Personal delivery devices. | 13 | | (a) Notwithstanding any other provision of law, a personal | 14 | | delivery device shall be authorized to operate in pedestrian | 15 | | areas in the State if the personal delivery device: | 16 | | (1) is equipped with a system that enables the | 17 | | personal delivery device to come to a controlled stop; | 18 | | (2) has the capability of operating in a manner that | 19 | | complies with the pedestrians' rights and duties under | 20 | | Article X of Chapter 11, unless the provision cannot by | 21 | | its nature apply to the personal delivery device; | 22 | | (3) does not unreasonably interfere with motor | 23 | | vehicles or traffic or otherwise block any right-of-way | 24 | | under the jurisdiction and control of the State or any |
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| 1 | | local authority; | 2 | | (4) operates at a speed not exceeding 10 miles per | 3 | | hour on a sidewalk or crosswalk; | 4 | | (5) is not used to transport hazardous materials: | 5 | | (A) in a type and quantity for which placards are | 6 | | required in accordance with the Hazardous Materials | 7 | | Regulations prescribed by the United States Department | 8 | | of Transportation, Title 49 CFR Part 172, Subpart F, | 9 | | or compatible rules adopted by the Department of | 10 | | Transportation; or | 11 | | (B) that may pose an unreasonable risk to health, | 12 | | safety, or performance when transported in commerce; | 13 | | (6) includes a unique identifying number and a means | 14 | | of identifying the personal delivery device operator; and | 15 | | (7) weighs 300 pounds or less. | 16 | | (b) A personal delivery device shall have all the rights | 17 | | and duties applicable to a pedestrian under the same | 18 | | circumstances. | 19 | | A personal delivery device shall not be deemed a motor | 20 | | vehicle or a vehicle under this Code or any other law, rule, or | 21 | | regulation of the State or any local authority. | 22 | | A personal delivery device shall be exempt from all | 23 | | vehicle or motor vehicle registration requirements under this | 24 | | Code or any other law, rule, or regulation of the State or any | 25 | | local authority. | 26 | | (c) A personal delivery device operator shall maintain an |
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| 1 | | insurance policy that provides general liability coverage of | 2 | | at least $500,000 for damages arising from the combined | 3 | | operations of any personal delivery devices under the personal | 4 | | delivery device operator's control. | 5 | | (d) Except as expressly provided in this Section, local | 6 | | authorities shall not enact or enforce a rule, regulation, | 7 | | ordinance, or resolution relating to the following: | 8 | | (1) design, manufacture, or maintenance of a personal | 9 | | delivery device; | 10 | | (2) licensing, registration, or certification of a | 11 | | personal delivery device; | 12 | | (3) taxation of or the imposition of any assessment of | 13 | | any fees or other charges upon a personal delivery device | 14 | | or personal delivery device operator; | 15 | | (4) insuring a personal delivery device; | 16 | | (5) types of cargo that may be transported by a | 17 | | personal delivery device; or | 18 | | (6) operations of personal delivery devices. | 19 | | A local authority may not prohibit the operation of a | 20 | | personal delivery device but may reasonably restrict the | 21 | | operation of a personal delivery device on a roadway or in a | 22 | | pedestrian area in a manner consistent with this Section, as | 23 | | long as the local authority gives interested stakeholders an | 24 | | opportunity to be heard on matters pertaining to the | 25 | | restrictions being implemented. | 26 | | This Section shall not apply to counties with a population |
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| 1 | | of 3,000,000 or more. | 2 | | A home rule unit may not regulate personal delivery | 3 | | devices in a manner inconsistent with this Section. This | 4 | | subsection is a limitation under subsection (i) of Section 6 | 5 | | of Article VII of the Illinois Constitution on the concurrent | 6 | | exercise by home rule units of powers and functions exercised | 7 | | by the State.
| 8 | | Section 95. No acceleration or delay. Where this Act makes | 9 | | changes in a statute that is represented in this Act by text | 10 | | that is not yet or no longer in effect (for example, a Section | 11 | | represented by multiple versions), the use of that text does | 12 | | not accelerate or delay the taking effect of (i) the changes | 13 | | made by this Act or (ii) provisions derived from any other | 14 | | Public Act. |
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