SB0396 EnrolledLRB100 04881 JWD 14891 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 1-140.10, 11-208, and 11-1516 and by adding Section
611-1517 as follows:
 
7    (625 ILCS 5/1-140.10)
8    Sec. 1-140.10. Low-speed electric bicycle. A bicycle
9equipped with fully operable pedals and an electric motor of
10less than 750 watts that meets the requirements of one of the
11following classes:
12    (a) "Class 1 low-speed electric bicycle" means a low-speed
13electric bicycle equipped with a motor that provides assistance
14only when the rider is pedaling and that ceases to provide
15assistance when the bicycle reaches a speed of 20 miles per
16hour.
17    (b) "Class 2 low-speed electric bicycle" means a low-speed
18electric bicycle equipped with a motor that may be used
19exclusively to propel the bicycle and that is not capable of
20providing assistance when the bicycle reaches a speed of 20
21miles per hour.
22    (c) "Class 3 low-speed electric bicycle" means a low-speed
23electric bicycle equipped with a motor that provides assistance

 

 

SB0396 Enrolled- 2 -LRB100 04881 JWD 14891 b

1only when the rider is pedaling and that ceases to provide
2assistance when the bicycle reaches a speed of 28 miles per
3hour.
4    A "low-speed electric bicycle" is not a moped or a motor
5driven cycle.
6The term "low-speed electric bicycle" has the same meaning
7ascribed to it by Section 38 of the Consumer Product Safety Act
8(15 U.S.C. Sec. 2085).
9(Source: P.A. 96-125, eff. 1-1-10.)
 
10    (625 ILCS 5/11-208)   (from Ch. 95 1/2, par. 11-208)
11    Sec. 11-208. Powers of local authorities.
12    (a) The provisions of this Code shall not be deemed to
13prevent local authorities with respect to streets and highways
14under their jurisdiction and within the reasonable exercise of
15the police power from:
16        1. Regulating the standing or parking of vehicles,
17    except as limited by Sections 11-1306 and 11-1307 of this
18    Act;
19        2. Regulating traffic by means of police officers or
20    traffic control signals;
21        3. Regulating or prohibiting processions or
22    assemblages on the highways; and certifying persons to
23    control traffic for processions or assemblages;
24        4. Designating particular highways as one-way highways
25    and requiring that all vehicles thereon be moved in one

 

 

SB0396 Enrolled- 3 -LRB100 04881 JWD 14891 b

1    specific direction;
2        5. Regulating the speed of vehicles in public parks
3    subject to the limitations set forth in Section 11-604;
4        6. Designating any highway as a through highway, as
5    authorized in Section 11-302, and requiring that all
6    vehicles stop before entering or crossing the same or
7    designating any intersection as a stop intersection or a
8    yield right-of-way intersection and requiring all vehicles
9    to stop or yield the right-of-way at one or more entrances
10    to such intersections;
11        7. Restricting the use of highways as authorized in
12    Chapter 15;
13        8. Regulating the operation of bicycles, low-speed
14    electric bicycles, and low-speed gas bicycles, and
15    requiring the registration and licensing of same,
16    including the requirement of a registration fee;
17        9. Regulating or prohibiting the turning of vehicles or
18    specified types of vehicles at intersections;
19        10. Altering the speed limits as authorized in Section
20    11-604;
21        11. Prohibiting U-turns;
22        12. Prohibiting pedestrian crossings at other than
23    designated and marked crosswalks or at intersections;
24        13. Prohibiting parking during snow removal operation;
25        14. Imposing fines in accordance with Section
26    11-1301.3 as penalties for use of any parking place

 

 

SB0396 Enrolled- 4 -LRB100 04881 JWD 14891 b

1    reserved for persons with disabilities, as defined by
2    Section 1-159.1, or veterans with disabilities by any
3    person using a motor vehicle not bearing registration
4    plates specified in Section 11-1301.1 or a special decal or
5    device as defined in Section 11-1301.2 as evidence that the
6    vehicle is operated by or for a person with disabilities or
7    a veteran with a disability;
8        15. Adopting such other traffic regulations as are
9    specifically authorized by this Code; or
10        16. Enforcing the provisions of subsection (f) of
11    Section 3-413 of this Code or a similar local ordinance.
12    (b) No ordinance or regulation enacted under subsections 1,
134, 5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be effective
14until signs giving reasonable notice of such local traffic
15regulations are posted.
16    (c) The provisions of this Code shall not prevent any
17municipality having a population of 500,000 or more inhabitants
18from prohibiting any person from driving or operating any motor
19vehicle upon the roadways of such municipality with headlamps
20on high beam or bright.
21    (d) The provisions of this Code shall not be deemed to
22prevent local authorities within the reasonable exercise of
23their police power from prohibiting, on private property, the
24unauthorized use of parking spaces reserved for persons with
25disabilities.
26    (e) No unit of local government, including a home rule

 

 

SB0396 Enrolled- 5 -LRB100 04881 JWD 14891 b

1unit, may enact or enforce an ordinance that applies only to
2motorcycles if the principal purpose for that ordinance is to
3restrict the access of motorcycles to any highway or portion of
4a highway for which federal or State funds have been used for
5the planning, design, construction, or maintenance of that
6highway. No unit of local government, including a home rule
7unit, may enact an ordinance requiring motorcycle users to wear
8protective headgear. Nothing in this subsection (e) shall
9affect the authority of a unit of local government to regulate
10motorcycles for traffic control purposes or in accordance with
11Section 12-602 of this Code. No unit of local government,
12including a home rule unit, may regulate motorcycles in a
13manner inconsistent with this Code. This subsection (e) is a
14limitation under subsection (i) of Section 6 of Article VII of
15the Illinois Constitution on the concurrent exercise by home
16rule units of powers and functions exercised by the State.
17    (f) A municipality or county designated in Section 11-208.6
18may enact an ordinance providing for an automated traffic law
19enforcement system to enforce violations of this Code or a
20similar provision of a local ordinance and imposing liability
21on a registered owner or lessee of a vehicle used in such a
22violation.
23    (g) A municipality or county, as provided in Section
2411-1201.1, may enact an ordinance providing for an automated
25traffic law enforcement system to enforce violations of Section
2611-1201 of this Code or a similar provision of a local

 

 

SB0396 Enrolled- 6 -LRB100 04881 JWD 14891 b

1ordinance and imposing liability on a registered owner of a
2vehicle used in such a violation.
3    (h) A municipality designated in Section 11-208.8 may enact
4an ordinance providing for an automated speed enforcement
5system to enforce violations of Article VI of Chapter 11 of
6this Code or a similar provision of a local ordinance.
7    (i) A municipality or county designated in Section 11-208.9
8may enact an ordinance providing for an automated traffic law
9enforcement system to enforce violations of Section 11-1414 of
10this Code or a similar provision of a local ordinance and
11imposing liability on a registered owner or lessee of a vehicle
12used in such a violation.
13(Source: P.A. 98-396, eff. 1-1-14; 98-556, eff. 1-1-14; 98-756,
14eff. 7-16-14; 99-143, eff. 7-27-15.)
 
15    (625 ILCS 5/11-1516)
16    Sec. 11-1516. Low-speed gas bicycles.
17    (a) A person may operate a low-speed electric bicycle or
18low-speed gas bicycle only if the person is at least 16 years
19of age.
20    (b) A person may not operate a low-speed electric bicycle
21or low-speed gas bicycle at a speed greater than 20 miles per
22hour upon any highway, street, or roadway.
23    (c) A person may not operate a low-speed electric bicycle
24or low-speed gas bicycle on a sidewalk.
25    (d) Except as otherwise provided in this Section, the

 

 

SB0396 Enrolled- 7 -LRB100 04881 JWD 14891 b

1provisions of this Article XV that apply to bicycles also apply
2to low-speed electric bicycles and low-speed gas bicycles.
3(Source: P.A. 96-125, eff. 1-1-10.)
 
4    (625 ILCS 5/11-1517 new)
5    Sec. 11-1517. Low-speed electric bicycles.
6    (a) Except as otherwise provided in this Section, the
7provisions of this Chapter that apply to bicycles also apply to
8low-speed electric bicycles.
9    (b) Each low-speed electric bicycle operating in this State
10shall comply with equipment and manufacturing requirements
11adopted by the United States Consumer Product Safety Commission
12under 16 CFR 1512. Each Class 3 low-speed electric bicycle
13shall be equipped with a speedometer that displays the speed
14the bicycle is traveling in miles per hour.
15    (c) Beginning on or after January 1, 2018, every
16manufacturer and distributor of low-speed electric bicycles
17shall apply a label that is permanently affixed to the bicycle
18in a prominent location. The label shall contain, in Arial font
19in at least 9-point type:
20        (1) a classification number for the bicycle that
21    corresponds with a class under Section 1-140.10 of this
22    Code;
23        (2) the bicycle's top assisted speed; and
24        (3) the bicycle's motor wattage.
25    No person shall knowingly tamper or modify the speed

 

 

SB0396 Enrolled- 8 -LRB100 04881 JWD 14891 b

1capability or engagement of a low-speed electric bicycle
2without replacing the label required under this subsection (c).
3    (d) A Class 2 low-speed electric bicycle shall operate in a
4manner so that the electric motor is disengaged or ceases to
5function when the brakes are applied. A Class 1 low-speed
6electric bicycle and a Class 3 low-speed electric bicycle shall
7operate in a manner so that the electric motor is disengaged or
8ceases to function when the rider stops pedaling.
9    (e) A person may operate a low-speed electric bicycle upon
10any highway, street, or roadway authorized for use by bicycles,
11including, but not limited to, bicycle lanes.
12    (f) A person may operate a low-speed electric bicycle upon
13any bicycle path unless the municipality, county, or local
14authority with jurisdiction prohibits the use of low-speed
15electric bicycles or a specific class of low-speed electric
16bicycles on that path.
17    (g) A person may not operate a low-speed electric bicycle
18on a sidewalk.
19    (h) A person may operate a Class 3 low-speed electric
20bicycle only if he or she is 16 years of age or older. A person
21who is less than 16 years of age may ride as a passenger on a
22Class 3 low-speed electric bicycle that is designed to
23accommodate passengers.