HB2431 94TH GENERAL ASSEMBLY

LRB094 07589 DRH 37758 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2431

Introduced 2/17/2005, by Rep. Robert W. Churchill

SYNOPSIS AS INTRODUCED:

625 ILCS 5/1-145.001	from Ch. 95 1/2, par. 1-148
625 ILCS 5/1-147	from Ch. 95 1/2, par. 1-147
625 ILCS 5/1-148.2a new
625 ILCS 5/6-101	from Ch. 95 1/2, par. 6-101
625 ILCS 5/11-1429 new

Amends the Illinois Vehicle Code. Provides that a person must have a valid driver's license or permit to operate a motorized scooter or electric personal assistive mobility device on a road or highway. Provides that the person may not exceed a speed of 20 miles per hour. Provides that a person may not operate the scooter or device on a road or highway after sunset and before sunrise. Provides that the operator must wear a helmet and may not carry passengers. Provides that a violation is a petty offense. Sets penalties.

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by changing Sections 1-145.001, 1-147, and 6-101 and by adding Sections 1-148.2a and 11-1429 as follows:

(625 ILCS 5/1-145.001) (from Ch. 95 1/2, par. 1-148)

Sec. 1-145.001. Motor driven cycle. Every motorcycle and every motor scooter with less than 150 cubic centimeter piston displacement including motorized pedalcycles, but excluding motorized scooters.

(Source: P.A. 90-89, eff. 1-1-98.)

(625 ILCS 5/1-147) (from Ch. 95 1/2, par. 1-147)

Sec. 1-147. Motorcycle.

Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than 3 wheels in contact with the ground, but excluding a tractor or a motorized scooter.

(Source: P.A. 80-262.)

(625 ILCS 5/1-148.2a new)

Sec. 1-148.2a. Motorized scooter. Any 2 wheeled tandem or 3 wheeled device, that has handlebars, designed to be stood or sat upon by the operator, powered by an electric or gas powered motor that is capable of propelling the device with or without human propulsion, but excluding a motor scooter, motorcycle, motor driven cycle, motorized pedalcycle, or motorized wheelchair.

(625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101)

Sec. 6-101. Drivers must have licenses or permits.

(a) No person, except those expressly exempted by Section 6-102, shall drive any motor vehicle, motorized scooter, or electric personal assistive mobility device upon a highway in this State unless such person has a valid license or permit, or a restricted driving permit, issued under the provisions of this Act.

(b) No person shall drive a motor vehicle, motorized scooter, or electric personal assistive mobility device unless he holds a valid license or permit, or a restricted driving permit issued under the provisions of Section 6-205, 6-206, or 6-113 of this Act. Any person to whom a license is issued under the provisions of this Act must surrender to the Secretary of State all valid licenses or permits. No drivers license shall be issued to any person who holds a valid Foreign State license, identification card, or permit unless such person first surrenders to the Secretary of State any such valid Foreign State license, identification card, or permit.

(c) Any person licensed as a driver hereunder shall not be required by any city, village, incorporated town or other municipal corporation to obtain any other license to exercise the privilege thereby granted.

(d) In addition to other penalties imposed under this Section, any person in violation of this Section who is also in violation of Section 7-601 of this Code relating to mandatory insurance requirements shall have his or her motor vehicle immediately impounded by the arresting law enforcement officer. The motor vehicle may be released to any licensed driver upon a showing of proof of insurance for the motor vehicle that was impounded and the notarized written consent for the release by the vehicle owner.

(e) In addition to other penalties imposed under this Section, the vehicle of any person in violation of this Section who is also in violation of Section 7-601 of this Code relating to mandatory insurance requirements and who, in violating this Section, has caused death or personal injury to another person is subject to forfeiture under Sections 36-1 and 36-2 of the Criminal Code of 1961. For the purposes of this Section, a personal injury shall include any type A injury as indicated on the traffic accident report completed by a law enforcement officer that requires immediate professional attention in either a doctor's office or a medical facility. A type A injury shall include severely bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene.

(Source: P.A. 93-187, eff. 7-11-03; 93-895, eff. 1-1-05.)

(625 ILCS 5/11-1429 new)

Sec. 11-1429. Operation of motorized scooters and electric personal mobility devices on roads and highways.

(a) A person may not operate motorized scooter or electric personal assistive mobility device on a road or highway at a speed in excess of 20 miles per hour.

(b) A person operating a motorized scooter or electric personal assistive mobility device upon a road or highway has the right to use all public roads and highways, except limited access highways where signs specifically prohibiting scooters or bicycles have been posted, and is subject to all traffic laws and ordinances, except that:

(1) a scooter or electric personal assistive mobility device operator shall keep to the right side of the road at all times, including when passing a moving motor vehicle;

(2) the scooter or electric personal assistive mobility device must be equipped with operational stop and turn signals so that the operator can keep both hands on the handlebars at all times; and

(3) a person may not operate a motorized scooter or electric personal assistive mobility device upon any road or highway at any time after sunset or before sunrise.

(c) A person operating a motorized scooter or electric personal assistive mobility device must wear protective headgear conforming with the minimum standards of construction and performance the Secretary of State may prescribe. The Secretary shall adopt rules for implementing this Section.

(d) A person operating a motorized scooter or electric personal assistive mobility device may not permit any other person to ride as a passenger on the scooter or electric personal assistive mobility device.

(e) Motorized scooters and electric personal assistive mobility devices must comply with all applicable federal motor vehicle safety standards.

(f) A person convicted of violating this Section is guilty of a petty offense and shall be fined not more than $25 for the first violation, not less than $25 nor more than $50 for a second violation, and not less than $50 nor more than $100 for a third or subsequent violation.