Bill Text: IL HB0245 | 2019-2020 | 101st General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Section 11-208 and by adding Sections 1-144.01, 1-144.02, and | ||||||
6 | 11-1412.3 as follows:
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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 | ||||||
21 | unless expressly defined by law as a vehicle.
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22 | (625 ILCS 5/1-144.02 new) |
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1 | Sec. 1-144.02. Mobile carrying device operator. A person | ||||||
2 | exercising control over the mobile carrying device.
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3 | (625 ILCS 5/11-208)
(from Ch. 95 1/2, par. 11-208)
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4 | Sec. 11-208. Powers of local authorities.
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5 | (a) The provisions of this Code shall not be deemed to | ||||||
6 | prevent
local authorities with respect to streets and highways | ||||||
7 | under their
jurisdiction and within the reasonable exercise of | ||||||
8 | the police power from:
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9 | 1. Regulating the standing or parking of vehicles, | ||||||
10 | except as
limited by Sections 11-1306 and 11-1307 of this | ||||||
11 | Act;
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12 | 2. Regulating traffic by means of police officers or | ||||||
13 | traffic control
signals;
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14 | 3. Regulating or prohibiting processions or | ||||||
15 | assemblages on the highways; and certifying persons to | ||||||
16 | control traffic for processions or assemblages;
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17 | 4. Designating particular highways as one-way highways | ||||||
18 | and requiring that
all vehicles thereon be moved in one | ||||||
19 | specific direction;
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20 | 5. Regulating the speed of vehicles in public parks | ||||||
21 | subject to the
limitations set forth in Section 11-604;
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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 |
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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;
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4 | 7. Restricting the use of highways as authorized in | ||||||
5 | Chapter 15;
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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
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10 | registration fee;
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11 | 9. Regulating or prohibiting the turning of vehicles or | ||||||
12 | specified
types of vehicles at intersections;
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13 | 10. Altering the speed limits as authorized in Section | ||||||
14 | 11-604;
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15 | 11. Prohibiting U-turns;
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16 | 12. Prohibiting pedestrian crossings at other than | ||||||
17 | designated and marked
crosswalks or at intersections;
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18 | 13. Prohibiting parking during snow removal operation;
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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 |
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1 | a veteran with a disability;
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2 | 15. Adopting such other traffic regulations as are | ||||||
3 | specifically
authorized by this Code; or
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4 | 16. Enforcing the provisions of subsection (f) of | ||||||
5 | Section 3-413 of this
Code or a similar local ordinance.
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6 | (b) No ordinance or regulation enacted under paragraph 1, | ||||||
7 | 4, 5, 6, 7,
9, 10, 11 or 13 of subsection (a) shall be effective | ||||||
8 | until signs giving
reasonable notice of such local traffic | ||||||
9 | regulations are posted.
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10 | (c) The provisions of this Code shall not prevent any
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11 | municipality having a population of 500,000 or more inhabitants | ||||||
12 | from
prohibiting any person from driving or operating any motor | ||||||
13 | vehicle upon
the roadways of such municipality with headlamps | ||||||
14 | on high beam or bright.
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15 | (d) The provisions of this Code shall not be deemed to | ||||||
16 | prevent local
authorities within the reasonable exercise of | ||||||
17 | their police power from
prohibiting, on private property, the | ||||||
18 | unauthorized use of parking spaces
reserved for persons with | ||||||
19 | disabilities.
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20 | (e) No unit of local government, including a home rule | ||||||
21 | unit, may enact or
enforce an ordinance that applies only to | ||||||
22 | motorcycles if the principal purpose
for that ordinance is to | ||||||
23 | restrict the access of motorcycles to any highway or
portion of | ||||||
24 | a highway for which federal or State funds have been used for | ||||||
25 | the
planning, design, construction, or maintenance of that | ||||||
26 | highway. No unit of
local government, including a home rule |
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1 | unit, may enact an ordinance requiring
motorcycle users to wear | ||||||
2 | protective headgear. Nothing in this subsection
(e) shall | ||||||
3 | affect the authority of a unit of local government to regulate
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4 | motorcycles for traffic control purposes or in accordance with | ||||||
5 | Section 12-602
of this Code. No unit of local government, | ||||||
6 | including a home rule unit, may
regulate motorcycles in a | ||||||
7 | manner inconsistent with this Code. This subsection
(e) is a | ||||||
8 | limitation under subsection (i) of Section 6 of Article VII of | ||||||
9 | the
Illinois Constitution on the concurrent exercise by home | ||||||
10 | rule units of powers
and functions exercised by the State.
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11 | (e-5) The City of Chicago may enact an ordinance providing | ||||||
12 | for a noise monitoring system upon any portion of the roadway | ||||||
13 | known as Lake Shore Drive. Twelve months after the installation | ||||||
14 | of the noise monitoring system, and any time after the first | ||||||
15 | report as the City deems necessary, the City of Chicago shall | ||||||
16 | prepare a noise monitoring report with the data collected from | ||||||
17 | the system and shall, upon request, make the report available | ||||||
18 | to the public. For purposes of this subsection (e-5), "noise | ||||||
19 | monitoring system" means an automated noise monitor capable of | ||||||
20 | recording noise levels 24 hours per day and 365 days per year | ||||||
21 | with computer equipment sufficient to process the data. | ||||||
22 | (e-10) A unit of local government, including a home rule | ||||||
23 | unit, may not enact an ordinance prohibiting the use of | ||||||
24 | Automated Driving System equipped vehicles on its roadways. | ||||||
25 | Nothing in this subsection (e-10) shall affect the authority of | ||||||
26 | a unit of local government to regulate Automated Driving System |
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1 | equipped vehicles for traffic control purposes. No unit of | ||||||
2 | local government, including a home rule unit, may regulate | ||||||
3 | Automated Driving System equipped vehicles in a manner | ||||||
4 | inconsistent with this Code. For purposes of this subsection | ||||||
5 | (e-10), "Automated Driving System equipped vehicle" means any | ||||||
6 | vehicle equipped with an Automated Driving System of hardware | ||||||
7 | and software that are collectively capable of performing the | ||||||
8 | entire dynamic driving task on a sustained basis, regardless of | ||||||
9 | whether it is limited to a specific operational domain. This | ||||||
10 | subsection (e-10) is a limitation under subsection (i) of | ||||||
11 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
12 | concurrent exercise by home rule units of powers and functions | ||||||
13 | exercised by the State. | ||||||
14 | (f) A municipality or county designated in Section 11-208.6 | ||||||
15 | may enact an ordinance providing for an
automated traffic law | ||||||
16 | enforcement system to enforce violations of this Code or
a | ||||||
17 | similar provision of a local ordinance and imposing liability | ||||||
18 | on a registered owner or lessee of a vehicle used in such a | ||||||
19 | violation.
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20 | (g) A municipality or county, as provided in Section | ||||||
21 | 11-1201.1, may enact an ordinance providing for an automated | ||||||
22 | traffic law enforcement system to enforce violations of Section | ||||||
23 | 11-1201 of this Code or a similar provision of a local | ||||||
24 | ordinance and imposing liability on a registered owner of a | ||||||
25 | vehicle used in such a violation.
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26 | (h) A municipality designated in Section 11-208.8 may enact |
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1 | an ordinance providing for an
automated speed enforcement | ||||||
2 | system to enforce violations of Article VI of Chapter 11 of | ||||||
3 | this Code or a similar provision of a local ordinance. | ||||||
4 | (i) A municipality or county designated in Section 11-208.9 | ||||||
5 | may enact an ordinance providing for an
automated traffic law | ||||||
6 | enforcement system to enforce violations of Section 11-1414 of | ||||||
7 | this Code or
a similar provision of a local ordinance and | ||||||
8 | imposing liability on a registered owner or lessee of a vehicle | ||||||
9 | used in such a violation. | ||||||
10 | (Source: P.A. 99-143, eff. 7-27-15; 100-209, eff. 1-1-18; | ||||||
11 | 100-257, eff. 8-22-17; 100-352, eff. 6-1-18; 100-863, eff. | ||||||
12 | 8-14-18.)
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13 | (625 ILCS 5/11-1412.3 new) | ||||||
14 | Sec. 11-1412.3. Ownership and operation of a mobile | ||||||
15 | carrying device. | ||||||
16 | (a) A mobile carrying device may be operated on a sidewalk | ||||||
17 | or crosswalk so long as all of the following requirements are | ||||||
18 | met: | ||||||
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 |
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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 | ||||||
5 | following: | ||||||
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 | ||||||
14 | obligations applicable to a pedestrian under the same | ||||||
15 | circumstances, and shall ensure that a mobile carrying device | ||||||
16 | shall yield the right-of-way to a pedestrian on a sidewalk or | ||||||
17 | within a crosswalk. | ||||||
18 | (d) A personal property owner may not utilize a mobile | ||||||
19 | carrying device to transport hazardous materials. | ||||||
20 | (e) A personal property owner may not utilize a mobile
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21 | carrying device unless the person complies with this Section. | ||||||
22 | (f) A mobile carrying device operator who is not a natural | ||||||
23 | person shall register with the Secretary of State. | ||||||
24 | (g) No contract seeking to exempt a mobile carrying device | ||||||
25 | operator from liability for injury, loss, or death caused by a | ||||||
26 | mobile carrying device shall be valid, and contractual |
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1 | provisions limiting the choice of venue or forum, shortening | ||||||
2 | the statute of limitations, shifting the risk to the user, | ||||||
3 | limiting the availability of class actions, or obtaining | ||||||
4 | judicial remedies shall be invalid and unenforceable. | ||||||
5 | (h) A violation of this Section is a petty offense.
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