103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1982

 

Introduced 2/9/2023, by Sen. Omar Aquino

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/1-146  from Ch. 95 1/2, par. 1-146
625 ILCS 5/1-159.15 new
625 ILCS 5/1-159.16 new
625 ILCS 5/1-188  from Ch. 95 1/2, par. 1-188
625 ILCS 5/1-217  from Ch. 95 1/2, par. 1-217
625 ILCS 5/11-1005.2 new
625 ILCS 5/11-1412.4 new

    Amends the Illinois Vehicle Code. Provides that a personal delivery device shall be authorized to operate on any sidewalk, crosswalk, or public roadway or highway in the State. Provides that a personal delivery device shall: (1) be equipped with a system that enables the personal delivery device to come to a controlled stop; (2) have the capability of operating in a manner that complies with pedestrians' rights and duties; (3) not unreasonably interfere with motor vehicles or traffic or otherwise block any right-of-way; (4) operate at a speed that shall not exceed 10 miles per hour on a sidewalk or crosswalk; (5) not be used to transport specified hazardous materials; and (6) include a unique identifying number and a means of identifying the personal delivery device operator. Specifies that a personal delivery device shall have all the rights and duties applicable to a pedestrian under the same circumstances. Provides that a personal delivery device shall not be deemed a motor vehicle or a vehicle. Provides that a personal delivery device shall be exempt from all vehicle or motor vehicle registration requirements. Requires a personal delivery device operator to maintain an insurance policy that provides general liability coverage of at least $100,000 for damages arising from the combined operations of any personal delivery devices under the personal delivery device operator's control. Prohibits local authorities from enacting or enforcing a rule, regulation, ordinance, or resolution relating to specified aspects of a personal delivery device. Limits home rule powers. Makes conforming changes.


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A BILL FOR

 

SB1982LRB103 30692 MXP 57164 b

1    AN ACT concerning transportation.
 
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
5changing Sections 1-146, 1-188, and 1-217 and adding Sections
61-159.15, 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
9self-propelled and every vehicle which is propelled by
10electric power obtained from overhead trolley wires, but not
11operated upon rails, except for vehicles moved solely by human
12power, personal delivery devices, motorized wheelchairs,
13low-speed electric bicycles, and low-speed gas bicycles. For
14this Act, motor vehicles are divided into two divisions:
15    First Division: Those motor vehicles which are designed
16for the carrying of not more than 10 persons.
17    Second Division: Those motor vehicles which are designed
18for carrying more than 10 persons, those motor vehicles
19designed or used for living quarters, those motor vehicles
20which are designed for pulling or carrying freight, cargo or
21implements of husbandry, and those motor vehicles of the First
22Division remodelled for use and used as motor vehicles of the
23Second 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
4that 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
12or an agent of a person who exercises control or monitoring
13over the operation of a personal delivery device. A person or
14an agent of a person shall not be considered a personal
15delivery 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.

 

 

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1    That portion of a street between the curb lines, or the
2lateral lines of a roadway, and the adjacent property lines,
3primarily intended for use of pedestrians.
4(Source: P.A. 76-1586.)
 
5    (625 ILCS 5/1-217)  (from Ch. 95 1/2, par. 1-217)
6    Sec. 1-217. Vehicle. Every device, in, upon or by which
7any person or property is or may be transported or drawn upon a
8highway or requiring a certificate of title under Section
93-101(d) of this Code, except devices moved by human power,
10personal delivery devices, devices used exclusively upon
11stationary rails or tracks, and snowmobiles as defined in the
12Snowmobile Registration and Safety Act.
13    For the purposes of this Code, unless otherwise
14prescribed, a device shall be considered to be a vehicle until
15such time it either comes within the definition of a junk
16vehicle, as defined under this Code, or a junking certificate
17is issued for it.
18    For this Code, vehicles are divided into 2 divisions:
19    First Division: Those motor vehicles which are designed
20for the carrying of not more than 10 persons.
21    Second Division: Those vehicles which are designed for
22carrying more than 10 persons, those designed or used for
23living quarters and those vehicles which are designed for
24pulling or carrying property, freight or cargo, those motor
25vehicles of the First Division remodelled for use and used as

 

 

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1motor vehicles of the Second Division, and those motor
2vehicles of the First Division used and registered as school
3buses.
4(Source: P.A. 92-812, eff. 8-21-02.)
 
5    (625 ILCS 5/11-1005.2 new)
6    Sec. 11-1005.2. Personal delivery devices. A personal
7delivery device upon a sidewalk or roadway has all the rights
8and is subject to all the duties applicable to a pedestrian,
9except that a personal delivery device shall not unreasonably
10interfere with any pedestrian or traffic and shall yield the
11right-of-way to a pedestrian on the sidewalk or crosswalk.
 
12    (625 ILCS 5/11-1412.4 new)
13    Sec. 11-1412.4. Personal delivery devices.
14    (a) Notwithstanding any other provision of law, a personal
15delivery device shall be authorized to operate on any
16sidewalk, crosswalk, or public roadway or highway in the State
17if the personal delivery device:
18        (1) is equipped with a system that enables the
19    personal delivery device to come to a controlled stop;
20        (2) has the capability of operating in a manner that
21    complies with the pedestrians' rights and duties under
22    Article X of Chapter 11, unless the provision cannot by
23    its nature apply to the personal delivery device;
24        (3) does not unreasonably interfere with motor

 

 

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1    vehicles or traffic or otherwise block any right-of-way
2    under the jurisdiction and control of the State or any
3    local authority;
4        (4) operates at a speed not exceeding 10 miles per
5    hour on a sidewalk or crosswalk;
6        (5) is not used to transport hazardous materials:
7            (A) in a type and quantity for which placards are
8        required in accordance with the Hazardous Materials
9        Regulations prescribed by the United States Department
10        of Transportation, Title 49 CFR Part 172, Subpart F,
11        or compatible rules adopted by the Department of
12        Transportation; or
13            (B) that may pose an unreasonable risk to health,
14        safety, or performance when transported in commerce;
15        and
16        (6) includes a unique identifying number and a means
17    of identifying the personal delivery device operator.
18    (b) A personal delivery device shall have all the rights
19and duties applicable to a pedestrian under the same
20circumstances.
21    A personal delivery device shall not be deemed a motor
22vehicle or a vehicle under this Code or any other law, rule, or
23regulation of the State or any local authority.
24    A personal delivery device shall be exempt from all
25vehicle or motor vehicle registration requirements under this
26Code or any other law, rule, or regulation of the State or any

 

 

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1local authority.
2    (c) A personal delivery device operator shall maintain an
3insurance policy that provides general liability coverage of
4at least $100,000 for damages arising from the combined
5operations of any personal delivery devices under the personal
6delivery device operator's control.
7    (d) Except as expressly provided in this Section, local
8authorities shall not enact or enforce a rule, regulation,
9ordinance, or resolution relating to the following:
10        (1) design, manufacture, or maintenance of a personal
11    delivery device;
12        (2) licensing, registration, or certification of a
13    personal delivery device;
14        (3) taxation of or the imposition of any assessment of
15    any fees or other charges upon a personal delivery device
16    or personal delivery device operator;
17        (4) insuring a personal delivery device;
18        (5) types of cargo that may be transported by a
19    personal delivery device; or
20        (6) operations of personal delivery devices.
21    A local authority may not prohibit the operation of a
22personal delivery device but may reasonably restrict the
23operation of a personal delivery device on a roadway or in a
24pedestrian area in a manner consistent with this Section, as
25long as the local authority gives the interested stake holder
26an opportunity to be heard on matters pertaining to the

 

 

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1restrictions being implemented.
2    A home rule unit may not regulate personal delivery
3devices in a manner inconsistent with this Section. This
4subsection is a limitation under subsection (i) of Section 6
5of Article VII of the Illinois Constitution on the concurrent
6exercise by home rule units of powers and functions exercised
7by the State.