Public Act 101-0123
Public Act 0123 101ST GENERAL ASSEMBLY
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Public Act 101-0123
| | HB0245 Enrolled | LRB101 04047 TAE 49055 b |
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| 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.
| Section 99. Effective date. This Act takes effect upon | becoming law. |
Effective Date: 7/26/2019
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