LOC GOV TORT IMMUNITY-BICYCLES
Synopsis of Bill as introduced:
Amends the Local Governmental and Governmental Employees Tort
Immunity Act. Provides that local public entities are not immune from
tort liability for injuries to bicyclists who are lawfully using a
road and who are injured as the result of a condition that is not
reasonably safe for motor vehicles and that the entity knew about and
had time to correct. Provides that these entities and public employees
are immune when the bicyclist is injured while using a bicycle lane or
bicycle route unless the entity's or employee's conduct is willful and
wanton. Effective immediately.
SENATE AMENDMENT NO. 1.
Deletes reference to:
745 ILCS 10/3-106.5 new
Adds reference to:
625 ILCS 5/11-1502 from Ch. 95 1/2, par. 11-1502
745 ILCS 10/3-111 new
Deletes the title and everything after the enacting clause.
Amends the Illinois Vehicle Code. Provides that a person riding a
bicycle is an intended and permitted user of any street or highway in
Illinois except for a street or highway on which bicycle use has been
specifically prohibited by law. Provides that this provision does not
create liability for any public entity for the failure to remedy any
surface condition of a public right-of-way that is not hazardous to a
motor vehicle even though it may be hazardous to a person riding a
bicycle. Provides that except as expressly provided by law, this
provision does not impose an obligation to upgrade, widen, or
reengineer existing public right-of-ways for use by bicyclists, or to
impose an obligation to maintain streets and highways to a higher
standard for bicyclists. Amends the Local Governmental and
Governmental Employees Tort Immunity Act. Provides that a local
public entity or a public employee is not liable for any injury to a
bicyclist if the liability is based on the existence of a condition of
a segment or portion of a street or highway that has been improved for
bicycle use unless the local public entity or public employee is
guilty of willful and wanton misconduct proximately causing the
injury. Effective immediately.
HOUSE AMENDMENT NO. 1.
Deletes everything. Amends the Illinois Vehicle Code by making a
technical change in provisions relating to bicycles. Amends the Local
Governmental and Governmental Employees Tort Immunity Act by adding a
new Section containing only a heading relating to bicycles.
Last action on Bill: SESSION SINE DIE
Last action date: JAN-07-2003
Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 1
END OF INQUIRY
Full Text Bill Status