Illinois General Assembly - Full Text of HB0245
Illinois General Assembly

Previous General Assemblies

Full Text of HB0245  101st General Assembly




HB0245 EnrolledLRB101 04047 TAE 49055 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 changing
5Section 11-208 and by adding Sections 1-144.01, 1-144.02, and
611-1412.3 as follows:
7    (625 ILCS 5/1-144.01 new)
8    Sec. 1-144.01. Mobile carrying device.
9    (a) An electrically powered device that:
10        (1) is operated by a mobile carrying device operator on
11    sidewalks and crosswalks and intended primarily for
12    transporting personal property;
13        (2) weighs less than 90 pounds, excluding cargo;
14        (3) has a maximum speed of 12.5 miles per hour;
15        (4) is equipped with a technology to transport personal
16    property with the active monitoring of a property owner;
17    and
18        (5) is primarily designed to remain within 10 feet of
19    the personal property owner.
20    (b) A mobile carrying device is not considered a vehicle
21unless expressly defined by law as a vehicle.
22    (625 ILCS 5/1-144.02 new)



HB0245 Enrolled- 2 -LRB101 04047 TAE 49055 b

1    Sec. 1-144.02. Mobile carrying device operator. A person
2exercising control over the mobile carrying device.
3    (625 ILCS 5/11-208)   (from Ch. 95 1/2, par. 11-208)
4    Sec. 11-208. Powers of local authorities.
5    (a) The provisions of this Code shall not be deemed to
6prevent local authorities with respect to streets and highways
7under their jurisdiction and within the reasonable exercise of
8the police power from:
9        1. Regulating the standing or parking of vehicles,
10    except as limited by Sections 11-1306 and 11-1307 of this
11    Act;
12        2. Regulating traffic by means of police officers or
13    traffic control signals;
14        3. Regulating or prohibiting processions or
15    assemblages on the highways; and certifying persons to
16    control traffic for processions or assemblages;
17        4. Designating particular highways as one-way highways
18    and requiring that all vehicles thereon be moved in one
19    specific direction;
20        5. Regulating the speed of vehicles in public parks
21    subject to the limitations set forth in Section 11-604;
22        6. Designating any highway as a through highway, as
23    authorized in Section 11-302, and requiring that all
24    vehicles stop before entering or crossing the same or
25    designating any intersection as a stop intersection or a



HB0245 Enrolled- 3 -LRB101 04047 TAE 49055 b

1    yield right-of-way intersection and requiring all vehicles
2    to stop or yield the right-of-way at one or more entrances
3    to such intersections;
4        7. Restricting the use of highways as authorized in
5    Chapter 15;
6        8. Regulating the operation of mobile carrying
7    devices, bicycles, low-speed electric bicycles, and
8    low-speed gas bicycles, and requiring the registration and
9    licensing of same, including the requirement of a
10    registration fee;
11        9. Regulating or prohibiting the turning of vehicles or
12    specified types of vehicles at intersections;
13        10. Altering the speed limits as authorized in Section
14    11-604;
15        11. Prohibiting U-turns;
16        12. Prohibiting pedestrian crossings at other than
17    designated and marked crosswalks or at intersections;
18        13. Prohibiting parking during snow removal operation;
19        14. Imposing fines in accordance with Section
20    11-1301.3 as penalties for use of any parking place
21    reserved for persons with disabilities, as defined by
22    Section 1-159.1, or veterans with disabilities by any
23    person using a motor vehicle not bearing registration
24    plates specified in Section 11-1301.1 or a special decal or
25    device as defined in Section 11-1301.2 as evidence that the
26    vehicle is operated by or for a person with disabilities or



HB0245 Enrolled- 4 -LRB101 04047 TAE 49055 b

1    a veteran with a disability;
2        15. Adopting such other traffic regulations as are
3    specifically authorized by this Code; or
4        16. Enforcing the provisions of subsection (f) of
5    Section 3-413 of this Code or a similar local ordinance.
6    (b) No ordinance or regulation enacted under paragraph 1,
74, 5, 6, 7, 9, 10, 11 or 13 of subsection (a) shall be effective
8until signs giving reasonable notice of such local traffic
9regulations are posted.
10    (c) The provisions of this Code shall not prevent any
11municipality having a population of 500,000 or more inhabitants
12from prohibiting any person from driving or operating any motor
13vehicle upon the roadways of such municipality with headlamps
14on high beam or bright.
15    (d) The provisions of this Code shall not be deemed to
16prevent local authorities within the reasonable exercise of
17their police power from prohibiting, on private property, the
18unauthorized use of parking spaces reserved for persons with
20    (e) No unit of local government, including a home rule
21unit, may enact or enforce an ordinance that applies only to
22motorcycles if the principal purpose for that ordinance is to
23restrict the access of motorcycles to any highway or portion of
24a highway for which federal or State funds have been used for
25the planning, design, construction, or maintenance of that
26highway. No unit of local government, including a home rule



HB0245 Enrolled- 5 -LRB101 04047 TAE 49055 b

1unit, may enact an ordinance requiring motorcycle users to wear
2protective headgear. Nothing in this subsection (e) shall
3affect the authority of a unit of local government to regulate
4motorcycles for traffic control purposes or in accordance with
5Section 12-602 of this Code. No unit of local government,
6including a home rule unit, may regulate motorcycles in a
7manner inconsistent with this Code. This subsection (e) is a
8limitation under subsection (i) of Section 6 of Article VII of
9the Illinois Constitution on the concurrent exercise by home
10rule units of powers and functions exercised by the State.
11    (e-5) The City of Chicago may enact an ordinance providing
12for a noise monitoring system upon any portion of the roadway
13known as Lake Shore Drive. Twelve months after the installation
14of the noise monitoring system, and any time after the first
15report as the City deems necessary, the City of Chicago shall
16prepare a noise monitoring report with the data collected from
17the system and shall, upon request, make the report available
18to the public. For purposes of this subsection (e-5), "noise
19monitoring system" means an automated noise monitor capable of
20recording noise levels 24 hours per day and 365 days per year
21with computer equipment sufficient to process the data.
22    (e-10) A unit of local government, including a home rule
23unit, may not enact an ordinance prohibiting the use of
24Automated Driving System equipped vehicles on its roadways.
25Nothing in this subsection (e-10) shall affect the authority of
26a unit of local government to regulate Automated Driving System



HB0245 Enrolled- 6 -LRB101 04047 TAE 49055 b

1equipped vehicles for traffic control purposes. No unit of
2local government, including a home rule unit, may regulate
3Automated Driving System equipped vehicles in a manner
4inconsistent with this Code. For purposes of this subsection
5(e-10), "Automated Driving System equipped vehicle" means any
6vehicle equipped with an Automated Driving System of hardware
7and software that are collectively capable of performing the
8entire dynamic driving task on a sustained basis, regardless of
9whether it is limited to a specific operational domain. This
10subsection (e-10) is a limitation under subsection (i) of
11Section 6 of Article VII of the Illinois Constitution on the
12concurrent exercise by home rule units of powers and functions
13exercised by the State.
14    (f) A municipality or county designated in Section 11-208.6
15may enact an ordinance providing for an automated traffic law
16enforcement system to enforce violations of this Code or a
17similar provision of a local ordinance and imposing liability
18on a registered owner or lessee of a vehicle used in such a
20    (g) A municipality or county, as provided in Section
2111-1201.1, may enact an ordinance providing for an automated
22traffic law enforcement system to enforce violations of Section
2311-1201 of this Code or a similar provision of a local
24ordinance and imposing liability on a registered owner of a
25vehicle used in such a violation.
26    (h) A municipality designated in Section 11-208.8 may enact



HB0245 Enrolled- 7 -LRB101 04047 TAE 49055 b

1an ordinance providing for an automated speed enforcement
2system to enforce violations of Article VI of Chapter 11 of
3this Code or a similar provision of a local ordinance.
4    (i) A municipality or county designated in Section 11-208.9
5may enact an ordinance providing for an automated traffic law
6enforcement system to enforce violations of Section 11-1414 of
7this Code or a similar provision of a local ordinance and
8imposing liability on a registered owner or lessee of a vehicle
9used in such a violation.
10(Source: P.A. 99-143, eff. 7-27-15; 100-209, eff. 1-1-18;
11100-257, eff. 8-22-17; 100-352, eff. 6-1-18; 100-863, eff.
13    (625 ILCS 5/11-1412.3 new)
14    Sec. 11-1412.3. Ownership and operation of a mobile
15carrying device.
16    (a) A mobile carrying device may be operated on a sidewalk
17or crosswalk so long as all of the following requirements are
19        (1) the mobile carrying device is operated in
20    accordance with the local ordinances, if any, established
21    by the local authority governing where the mobile carrying
22    device is operated;
23        (2) a personal property owner is actively monitoring
24    the operation and navigation of the mobile carrying device;
25    and



HB0245 Enrolled- 8 -LRB101 04047 TAE 49055 b

1        (3) the mobile carrying device is equipped with a
2    braking system that enables the mobile carrying device to
3    perform a controlled stop.
4    (b) A mobile carrying device operator may not do any of the
6        (1) fail to comply with traffic or pedestrian control
7    devices and signals;
8        (2) unreasonably interfere with pedestrians or
9    traffic;
10        (3) transport a person; or
11        (4) operate on a street or highway, except when
12    crossing the street or highway within a crosswalk.
13    (c) A mobile carrying device operator has the rights and
14obligations applicable to a pedestrian under the same
15circumstances, and shall ensure that a mobile carrying device
16shall yield the right-of-way to a pedestrian on a sidewalk or
17within a crosswalk.
18    (d) A personal property owner may not utilize a mobile
19carrying device to transport hazardous materials.
20    (e) A personal property owner may not utilize a mobile
21carrying device unless the person complies with this Section.
22    (f) A mobile carrying device operator who is not a natural
23person shall register with the Secretary of State.
24    (g) No contract seeking to exempt a mobile carrying device
25operator from liability for injury, loss, or death caused by a
26mobile carrying device shall be valid, and contractual



HB0245 Enrolled- 9 -LRB101 04047 TAE 49055 b

1provisions limiting the choice of venue or forum, shortening
2the statute of limitations, shifting the risk to the user,
3limiting the availability of class actions, or obtaining
4judicial remedies shall be invalid and unenforceable.
5    (h) A violation of this Section is a petty offense.
6    Section 99. Effective date. This Act takes effect upon
7becoming law.