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92_SB1014eng 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.