State of Illinois
91st General Assembly
Legislation

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[ House Amendment 001 ][ House Amendment 002 ]

91_HB0802

 
                                               LRB9101096KStm

 1        AN  ACT  concerning  the  operation of motorcycles, motor
 2    driven cycles, motorized pedalcycle,  or  bicycles,  amending
 3    named Acts.

 4        Be  it  enacted  by  the People of the State of Illinois,
 5    represented in the General Assembly:

 6        Section 5.   The  School  Code  is  amended  by  changing
 7    Section 27-23 as follows:

 8        (105 ILCS 5/27-23) (from Ch. 122, par. 27-23)
 9        Sec.  27-23.   Motor  Vehicle Code. The curriculum in all
10    public schools  shall  include  a  course  dealing  with  the
11    content  of  Chapters  11, 12, 13, 15, and 16 of the Illinois
12    Vehicle Code, the rules and regulations adopted  pursuant  to
13    those  Chapters  insofar  as they pertain to the operation of
14    motor vehicles, and the portions of the  Litter  Control  Act
15    relating to the operation of motor vehicles, and the portions
16    of  the  Illinois  Vehicle  Code that pertain to the safe and
17    responsible operation of  a  bicycle.  Instruction  shall  be
18    given  in  safety  education  in  each  grade,  1  through 8,
19    equivalent to 1 class period each week, and in at least 1  of
20    the  years in grades 10 through 12. The course of instruction
21    required of each eligible student at the  high  school  level
22    shall  consist  of  a  minimum of 30 clock hours of classroom
23    instruction taught by a certified high school teacher who has
24    acquired special qualifications as required for participation
25    under the terms of Section 27-24.2 of this Act.  Each  school
26    district  maintaining grades 9 through 12: (i)  shall provide
27    the classroom course for  each  public  and  non-public  high
28    school student resident of the school district who either has
29    received  a  passing  grade  in at least 8 courses during the
30    previous 2  semesters  or  has  received  a  waiver  of  that
31    requirement  from  the  local superintendent of schools (with
 
                            -2-                LRB9101096KStm
 1    respect to a public high  school  student)  or  chief  school
 2    administrator  (with  respect  to  a  non-public  high school
 3    student), as  provided  in  Section  27-24.2,  and  for  each
 4    out-of-school  resident of the district between the age of 15
 5    and 21 years who requests the classroom course, and (ii)  may
 6    provide  such  classroom  course  for  any  resident  of  the
 7    district  over  age 55 who requests the classroom course, but
 8    only if space therein remains available  after  all  eligible
 9    public  and  non-public  high  school  student  residents and
10    out-of-school residents between the age  of  15  and  21  who
11    request  such  course  have  registered therefor, and only if
12    such resident of the district over age 55 has not  previously
13    been licensed as a driver under the laws of this or any other
14    state  or country.  Each school district (i) shall provide an
15    approved course in practice driving consisting of  a  minimum
16    of  6  clock hours of individual behind-the-wheel instruction
17    or its equivalent in a car, as determined by the State  Board
18    of  Education,  for  each  eligible  resident of the district
19    between the age of  15  and  21  years  who  has  started  an
20    approved  high  school  classroom  driver education course on
21    request,  and  (ii)  may  provide  such  approved  course  in
22    practice driving for any resident of the district over age 55
23    on request and without regard to whether or not such resident
24    has  started  any  high  school  classroom  driver  education
25    course, but only if space therein remains available after all
26    eligible residents of the district between the ages of 15 and
27    21 years  who  have  started  an  approved  classroom  driver
28    education  course  and  who  request  such course in practice
29    driving have registered therefor, and only if  such  resident
30    of  the district over age 55 has not previously been licensed
31    as a driver under the laws of this  or  any  other  state  or
32    country.  Subject to rules and regulations of the State Board
33    of Education, the district may charge a reasonable  fee,  not
34    to  exceed  $50,  to  students who participate in the course,
 
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 1    unless a student is unable to pay for such a course, in which
 2    event the fee for such a student shall be  waived;  provided,
 3    that if a district provides the classroom or practice driving
 4    course  or  both  of  such  courses  to  any residents of the
 5    district over age 55, the district may charge such  residents
 6    a  fee  in any amount up to but not exceeding the actual cost
 7    of the course or courses in which such residents participate.
 8    The course of instruction given in grades 10 through 12 shall
 9    include  an  emphasis  on  the  development   of   knowledge,
10    attitudes, habits and skills necessary for the safe operation
11    of  motor  vehicles including motorcycles insofar as they can
12    be taught in the classroom, and in addition the course  shall
13    include  instruction  on  special  hazards  existing  at, and
14    required extra safety and driving precautions  that  must  be
15    observed at railroad crossings and the approaches thereto.
16    (Source: P.A. 87-360; 88-188.)

17        Section  10.  The  Illinois  Vehicle  Code  is amended by
18    changing Section 11-1404 and adding  Sections  11-1507.2  and
19    11-1516 as follows:

20        (625 ILCS 5/11-1404) (from Ch. 95 1/2, par. 11-1404)
21        Sec.   11-1404.  Special  equipment  for  persons  riding
22    motorcycles, motor driven cycles or motorized pedalcycles.
23        (a)  The operator of a motorcycle, motor driven cycle  or
24    motorized  pedalcycle  and  every  passenger thereon shall be
25    protected by glasses, goggles or a transparent shield.
26        (b)  For the purposes of this Section, glasses,  goggles,
27    and transparent shields are defined as follows:
28        "Glasses" means ordinary eye pieces such as spectacles or
29    sunglasses  worn  before  the  eye, made of shatter-resistant
30    material.  Shatter-resistant  material,  as  used   in   this
31    Section,  means  material  so  manufactured,  fabricated,  or
32    created  that  it substantially prevents shattering or flying
 
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 1    when struck or broken.
 2        "Goggles" means  a  device  worn  before  the  eyes,  the
 3    predominant  function of which is protecting the eyes without
 4    obstructing  peripheral  vision.    Goggles   shall   provide
 5    protection  from the front and sides, and may or may not form
 6    a complete seal with the face.
 7        "Transparent shield" means a windshield attached  to  the
 8    front  of  a  motorcycle  that extends above the eyes when an
 9    operator is seated in the normal,  upright  riding  position,
10    made  of  shatter-resistant  material, or a shatter-resistant
11    protective face shield that covers the wearer's eyes and face
12    at least to a point approximately to the tip of the nose.
13        (c)  Contact lenses are  not  acceptable  eye  protection
14    devices.
15        (d)  Every passenger of a motorcycle, motor driven cycle,
16    or  motorized  pedalcycle  under  16 years of age must wear a
17    helmet  meeting  the  standards  of  the  American   National
18    Standards   Institute   or   the  Snell  Memorial  Foundation
19    Standards for Protective Headgear for use in motorcycling.
20             (1)  Any person who violates the provisions of  this
21        subsection  commits  a  petty offense and must pay a fine
22        not to exceed $25.
23             (2)  The court must  waive  any  fine  for  which  a
24        person  who  violates  this subsection would be liable if
25        the person supplies the court with proof that between the
26        date  of  violation  and  the  appearance  date  for  the
27        violation the person purchased or obtained possession  of
28        a   helmet,   which   meets   the  requirements  of  this
29        subsection. The court may waive  any  fine  for  which  a
30        person  who  violates  the  provisions of this subsection
31        would be liable if the court finds that due to reasons of
32        economic hardship the person was  unable  to  purchase  a
33        helmet.  The  waiver  of  the  fine  shall not apply to a
34        second or subsequent conviction under this subsection.
 
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 1             (3)  For the purposes of this subsection, wearing  a
 2        helmet  means  having  a  helmet  of  good  fit  fastened
 3        securely to the head with the helmet straps.
 4    (Source: P.A. 89-271, eff. 1-1-96.)

 5        (625 ILCS 5/11-1507.2 new)
 6        Sec. 11-1507.2. Bicycle operators and passengers under 16
 7    years of age to wear protective headgear.
 8        (a)  No  person less than 16 years of age shall operate a
 9    bicycle unless the person is wearing  a  helmet  meeting  the
10    standards of the American National Standards Institute or the
11    Snell Memorial Foundation's Standards for Protective Headgear
12    for use in bicycling.
13        (b)  No  person  operating a bicycle shall allow a person
14    less than 16 years of age to ride as a passenger on a bicycle
15    unless  the  passenger  is  wearing  a  helmet  meeting   the
16    standards of the American National Standards Institute or the
17    Snell Memorial Foundation's Standards for Protective Headgear
18    for use in bicycling.
19        (c)  Any  person  who  violates  the  provisions  of this
20    Section must pay a civil fine not to exceed $25.
21        (d)  The court must waive any fine for which a person who
22    violates the provisions of this Section would  be  liable  if
23    the  person  supplies  the  court with proof that between the
24    date of violation and the appearance date for  the  violation
25    the  person  purchased  or  obtained  possession of a helmet,
26    which meets the requirements of this Section. The  court  may
27    waive any fine for which a person who violates the provisions
28    of  this  Section would be liable if the court finds that due
29    to reasons of economic hardship  the  person  was  unable  to
30    purchase  a helmet. The waiver of the fine shall not apply to
31    a second or subsequent conviction under this Section.
32        (e)  For the purposes of this Section, "wearing a helmet"
33    means having a helmet of good fit fastened  securely  to  the
 
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 1    head with the helmet straps.

 2        (625 ILCS 5/11-1516 new)
 3        Sec.   11-1516.  Bicycle safety video.   The Secretary of
 4    State  shall  develop  a  bicycle  safety  video  for  public
 5    distribution when funding is available for this purpose.  The
 6    video shall explain the safe and proper use of a bicycle  and
 7    provide an explanation of the laws in this Code pertaining to
 8    the operation of a bicycle.

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