State of Illinois
92nd General Assembly

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SB1014 Engrossed                               LRB9203136RCdv

 1        AN ACT in relation to bicycles and bicycle safety.

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

 4        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 5    changing Section 11-1502 as follows:

 6        (625 ILCS 5/11-1502) (from Ch. 95 1/2, par. 11-1502)
 7        Sec.  11-1502.  Traffic  laws  apply  to  persons  riding
 8    bicycles.
 9        (a)  Every  person  riding a bicycle upon a highway shall
10    be granted all of the rights and shall be subject to  all  of
11    the  duties  applicable  to  the  driver of a vehicle by this
12    Code, except as to special regulations in this Article XV and
13    except as to those provisions of this  Code  which  by  their
14    nature can have no application.
15        (b)  A  person  riding  a  bicycle  is  an  intended  and
16    permitted  user  of  any street or highway in Illinois except
17    for a street  or  highway  on  which  bicycle  use  has  been
18    specifically  prohibited by law. This subsection (b) does not
19    create liability for any public entity  for  the  failure  to
20    remedy any surface condition of a public right-of-way that is
21    not  hazardous  to  a  motor  vehicle  even  though it may be
22    hazardous to a person riding a bicycle. Except  as  expressly
23    provided  by  law,  this  subsection  (b)  does not impose an
24    obligation to upgrade, widen, or reengineer  existing  public
25    right-of-ways   for  use  by  bicyclists,  or  to  impose  an
26    obligation to maintain  streets  and  highways  to  a  higher
27    standard for bicyclists. For purposes of this subsection (b),
28    conditions  that  are  not  hazardous to a motor vehicle even
29    though they may be hazardous to a  person  riding  a  bicycle
30    include  but  are  not  limited to: (1) potholes smaller than
31    both 3 inches deep and 30 inches in diameter;  (2)  irregular
SB1014 Engrossed            -2-                LRB9203136RCdv
 1    surfaces  on  gravel,  dirt, clay, and oil and chip roads and
 2    shoulders; (3) pavement stress cracks; (4) speed  bumps;  (5)
 3    expansion joints; (6) normal accumulations of gravel, debris,
 4    ice,  snow,  and water on road and shoulder surfaces; and (7)
 5    sewer and drain covers.
 6    (Source: P.A. 82-132.)

 7        Section 10.   The  Local  Governmental  and  Governmental
 8    Employees  Tort  Immunity  Act  is  amended by adding Section
 9    3-111 as follows:

10        (745 ILCS 10/3-111 new)
11        Sec. 3-111. Bicyclists using streets  and  highways  that
12    have  special  improvements  for  bicyclists. Neither a local
13    public entity nor a public employee is liable for any  injury
14    to  a bicyclist if the liability is based on the existence of
15    a condition of a segment or portion of a  street  or  highway
16    that  has  been  improved  for  bicycle  use unless the local
17    public entity or public employee is  guilty  of  willful  and
18    wanton  misconduct  proximately  causing  the injury. For the
19    purposes of this  Section,  a  street  or  highway  has  been
20    improved  for  bicycle  use  when: (1) it has been designated
21    with appropriate  signs  and  (2)  it  contains  one  of  the
22    following  features:  (i) additional lane width, (ii) a paved
23    shoulder, (iii) a striped bicycle  lane,  or  (iv)  a  marked
24    crossing of a bicycle trail.

25        Section  99.  Effective  date. This Act takes effect upon
26    becoming law.

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