Bill Text: IL HB0245 | 2019-2020 | 101st General Assembly | Chaptered

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Bill Title: Amends the Illinois Vehicle Code. Defines "mobile carrying device". Provides that a mobile carrying device may be operated on a sidewalk or crosswalk so long as it is operated in accordance with local ordinances, a personal property owner is actively monitoring its operation and navigation, and it is equipped with a braking system that enables it to perform a controlled stop. Prohibits a personal property owner operating a mobile carrying device from failing to comply with traffic or pedestrian control devices and signals, unreasonably interfering with pedestrians or traffic, transporting hazardous materials, or operating on a street or highway other than in a crosswalk. Provides that a mobile carrying device has the rights and obligations applicable to a pedestrian in the same circumstances, except that it shall yield the right-of-way to pedestrians on a sidewalk or crosswalk. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Passed) 2019-07-26 - Public Act . . . . . . . . . 101-0123 [HB0245 Detail]

Download: Illinois-2019-HB0245-Chaptered.html

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Public Act 101-0123
HB0245 Enrolled LRB101 04047 TAE 49055 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Section 11-208 and by adding Sections 1-144.01, 1-144.02, and
11-1412.3 as follows:
(625 ILCS 5/1-144.01 new)
Sec. 1-144.01. Mobile carrying device.
(a) An electrically powered device that:
(1) is operated by a mobile carrying device operator on
sidewalks and crosswalks and intended primarily for
transporting personal property;
(2) weighs less than 90 pounds, excluding cargo;
(3) has a maximum speed of 12.5 miles per hour;
(4) is equipped with a technology to transport personal
property with the active monitoring of a property owner;
and
(5) is primarily designed to remain within 10 feet of
the personal property owner.
(b) A mobile carrying device is not considered a vehicle
unless expressly defined by law as a vehicle.
(625 ILCS 5/1-144.02 new)

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

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

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

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

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

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

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

provisions limiting the choice of venue or forum, shortening
the statute of limitations, shifting the risk to the user,
limiting the availability of class actions, or obtaining
judicial remedies shall be invalid and unenforceable.
(h) A violation of this Section is a petty offense.