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Full Text of SB3484
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SB3484 - 104th General Assembly
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SB3484 Enrolled
LRB104 20544 LNS 34021 b
1
AN ACT concerning transportation.
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 Sections 1-106, 1-117.7, 1-140.10, 1-140.11,
6
1-140.15, 1-145.001, 1-146, 1-158, 3-101, 3-102, 3-402, 6-102,
7
7-601, 11-208, 11-1501, 11-1516, and 11-1517 and by adding
8
Sections 1-101.15, 1-117.6, 1-117.8, 1-117.9, 1-117.10,
9
1-125.11, 1-205.5, 1-213.7, 11-317, 11-1008.5, 11-1403.4,
10
11-1435, and 11-1435.5 as follows:
11
(625 ILCS 5/1-101.15 new)
12
Sec. 1-101.15.
Adaptive electric bicycle.
An electric
13
bicycle with 2 or more wheels that is designed for and used by
14
a person with a mobility disability, as that term is used under
15
Part 35 of Title 28 of the Code of Federal Regulations (28 CFR
16
35). "Adaptive electric bicycle" does not include a motorized
17
wheelchair.
18
(625 ILCS 5/1-106)
(from Ch. 95 1/2, par. 1-106)
19
Sec. 1-106.
Bicycle.
Every human-powered device
, every
20
adaptive electric bicycle when operated by a person with a
21
mobility disability,
and every low-speed electric bicycle, as
22
defined in Section 1-140.10, with 2 or more wheels not less
SB3484 Enrolled
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LRB104 20544 LNS 34021 b
1
than 12 inches in diameter, operable pedals, and designated
2
seats for the transportation of one or more persons.
3
(Source: P.A. 104-141, eff. 1-1-26
.)
4
(625 ILCS 5/1-117.6 new)
5
Sec. 1-117.6.
Electric micromobility device.
A
6
light-weight, low-speed, electric-powered device primarily
7
used for personal transportation and operated at speeds up to
8
28 miles per hour. "Electric micromobility device" includes
9
electric skateboards, electric unicycles, low-speed electric
10
scooters, and high-speed electric scooters. For purposes of
11
this Code, an electric micromobility device shall be
12
considered a motor vehicle. "Electric micromobility device"
13
does not include an electric personal assistive mobility
14
device or a toy vehicle.
15
(625 ILCS 5/1-117.7)
16
Sec. 1-117.7.
Electric personal assistive mobility device.
17
A self-balancing
,
2 non-tandem wheeled device designed to
18
transport only one person with an electric propulsion system
19
that limits the maximum speed of the device to 15 miles per
20
hour or less
, including, but not limited to, products marketed
21
under the brand names of "Segway" or "Hoverboard" and other
22
similar self-balancing, 2 non-tandem wheeled products.
23
"Electric personal assistive mobility device" does not include
24
an electric micromobility device
.
SB3484 Enrolled
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LRB104 20544 LNS 34021 b
1
(Source: P.A. 92-868, eff. 6-1-03.)
2
(625 ILCS 5/1-117.8 new)
3
Sec. 1-117.8.
Electric unicycle.
A self-balancing
4
one-wheeled device designed to transport only one person with
5
an electric propulsion system.
6
(625 ILCS 5/1-117.9 new)
7
Sec. 1-117.9.
Electric skateboard.
A skateboard powered by
8
an electric motor.
9
(625 ILCS 5/1-117.10 new)
10
Sec. 1-117.10.
Electric bicycle.
A bicycle with operable
11
pedals and an electric motor.
12
(625 ILCS 5/1-125.11 new)
13
Sec. 1-125.11.
High-speed electric scooter.
A device with
14
2 or 3 wheels, handlebars, and a floorboard that can be stood
15
upon while riding, that is solely powered by an electric motor
16
and human power, and whose maximum speed, with or without
17
human propulsion, is more than 15 miles per hour. "High-speed
18
electric scooter" does not include a moped or motor driven
19
cycle.
20
(625 ILCS 5/1-140.10)
21
Sec. 1-140.10.
Low-speed electric bicycle.
A bicycle
SB3484 Enrolled
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1
equipped with fully operable pedals and an electric motor of
2
less than 750 watts that meets the requirements of one of the
3
following classes:
4
(a) "Class 1 low-speed electric bicycle" means a
5
low-speed electric bicycle equipped with a motor that
6
provides assistance only when the rider is pedaling and
7
that ceases to provide assistance when the bicycle reaches
8
a speed of 20 miles per hour.
9
(b) "Class 2 low-speed electric bicycle" means a
10
low-speed electric bicycle equipped with a motor that may
11
be used exclusively to propel the bicycle and that is not
12
capable of providing assistance when the bicycle reaches a
13
speed of 20 miles per hour.
14
(c) "Class 3 low-speed electric bicycle" means a
15
low-speed electric bicycle equipped with a motor that
16
provides assistance only when the rider is pedaling and
17
that ceases to provide assistance when the bicycle reaches
18
a speed of 28 miles per hour.
19
A "low-speed electric bicycle" is not a moped or a motor
20
driven cycle.
Any electric bicycle that is not a low-speed
21
electric bicycle shall be considered a motor driven cycle for
22
purposes of this Code.
23
(Source: P.A. 100-209, eff. 1-1-18
.)
24
(625 ILCS 5/1-140.11)
25
Sec. 1-140.11.
Low-speed electric scooter.
A device
SB3484 Enrolled
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1
weighing less than 100 pounds, with 2 or 3 wheels, handlebars,
2
and a floorboard that can be stood upon while riding, that is
3
solely powered by an electric motor and human power, and whose
4
maximum speed, with or without human propulsion, is no more
5
than
15
10
miles per hour. "Low-speed electric scooter" does
6
not include a moped or
motor driven
motor-driven
cycle.
7
(Source: P.A. 103-899, eff. 8-9-24.)
8
(625 ILCS 5/1-140.15)
9
Sec. 1-140.15.
Low-speed gas bicycle.
A 2-wheeled or
10
3-wheeled device with fully operable pedals and a gasoline
11
motor of less than one horsepower or 15 cubic centimeter
12
displacement that is operated at speeds
up to 28
of less than
13
20
miles per hour.
Any gas-powered bicycle that is not a
14
low-speed gas bicycle shall be considered a motor driven cycle
15
for purposes of this Code.
16
(Source: P.A. 103-706, eff. 1-1-25
.)
17
(625 ILCS 5/1-145.001)
(from Ch. 95 1/2, par. 1-148)
18
Sec. 1-145.001.
Motor driven cycle.
Every motorcycle
,
19
moped,
and
every
motor scooter with
an internal combustion
20
engine of
less than 150 cubic centimeter piston displacement
,
21
or an electric motor with a nominal power rating of greater
22
than 750 watts but less than or equal to 8,000 watts,
including
23
motorized pedalcycles
and every electric bicycle or
24
gas-powered bicycle that is not a low-speed electric bicycle
SB3484 Enrolled
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LRB104 20544 LNS 34021 b
1
or low-speed gas bicycle
.
2
(Source: P.A. 90-89, eff. 1-1-98
.)
3
(625 ILCS 5/1-146)
(from Ch. 95 1/2, par. 1-146)
4
Sec. 1-146.
Motor vehicle.
Every vehicle which is
5
self-propelled and every vehicle which is propelled by
6
electric power obtained from overhead trolley wires, but not
7
operated upon rails, except for vehicles moved solely by human
8
power, motorized wheelchairs, low-speed electric bicycles, and
9
low-speed gas bicycles. For this
Code
Act
, motor vehicles are
10
divided into
2
two
divisions:
11
First Division: Those motor vehicles which are designed
12
for the carrying of not more than 10 persons.
13
Second Division: Those motor vehicles which are designed
14
for carrying more than 10 persons, those motor vehicles
15
designed or used for living quarters, those motor vehicles
16
which are designed for pulling or carrying freight, cargo
,
or
17
implements of husbandry, and those motor vehicles of the First
18
Division remodelled for use and used as motor vehicles of the
19
Second Division.
20
(Source: P.A. 96-125, eff. 1-1-10.)
21
(625 ILCS 5/1-158)
(from Ch. 95 1/2, par. 1-158)
22
Sec. 1-158.
Pedestrian.
Any person afoot or wearing
23
in-line speed skates or riding a
non-motorized
skateboard
or
24
operating a toy vehicle
, including a person with a physical,
SB3484 Enrolled
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LRB104 20544 LNS 34021 b
1
hearing, or visual disability.
2
(Source: P.A. 103-706, eff. 1-1-25
.)
3
(625 ILCS 5/1-205.5 new)
4
Sec. 1-205.5.
Toy vehicle.
Any battery powered ride-on toy
5
that (i) is designed to not exceed 10 miles per hour, (ii)
6
includes any number of wheels or handlebars or a steering
7
wheel and a seat or platform, and (iii) is designed for
8
children under 8 years of age, including, but not limited to,
9
products marketed under the brand names of "Razor" or "Power
10
Wheels" and other similar products.
11
(625 ILCS 5/1-213.7 new)
12
Sec. 1-213.7.
Unicycle.
Every human-powered device with
13
one wheel and operable pedals and a designated seat for the
14
transportation of one person.
15
(625 ILCS 5/3-101)
(from Ch. 95 1/2, par. 3-101)
16
Sec. 3-101.
Certificate of title required.
17
(a) Except as provided in Section 3-102, every owner of a
18
vehicle which is in this State and for which no Illinois
19
certificate of title has been issued by the Secretary of State
20
shall make application to the Secretary of State for an
21
Illinois certificate of title of the vehicle. Except as
22
provided in Section 3-102, every owner of a vehicle, excluding
23
vehicles acquired by insurance companies through a settlement
SB3484 Enrolled
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1
of an insurance claim or by lienholders taking title through
2
repossession, that is in this State for which no Illinois
3
certificate of title has been issued by the Secretary of State
4
and every owner of a vehicle that is in the State applying for
5
a duplicate certificate of title or a corrected certificate of
6
title, including a dealer lien release certificate of title,
7
must make application to the Secretary of State for an
8
Illinois duplicate certificate of title or corrected
9
certificate of title. A certificate of title issued to any
10
owner of a vehicle, excluding vehicles acquired by insurance
11
companies through a settlement of an insurance claim or by
12
lienholders taking title through repossession, in this State
13
showing an Illinois address for the owner that has been issued
14
by an entity other than the Secretary of State must be
15
converted to an Illinois title before the owner can transfer
16
ownership of the vehicle.
17
Under no circumstances shall a dealer required to obtain
18
an Illinois certificate of title pursuant to this Code be
19
allowed to obtain an out-of-state certificate of title for
20
purposes of a vehicle held for sale in this State by the
21
dealer. Under no circumstances shall a dealer be allowed to
22
obtain an out-of-state certificate of title in lieu of an
23
Illinois-issued dealer lien release certificate of title when
24
a dealer may have need of such title issuance. Nothing in this
25
Section shall be construed so as to allow a dealer to acquire
26
an out-of-state certificate of title in lieu of acquiring an
SB3484 Enrolled
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LRB104 20544 LNS 34021 b
1
Illinois certificate of title for purposes of a vehicle held
2
for sale in this State by the dealer.
3
(b) Every owner of a motorcycle or motor driven cycle
4
purchased new on and after January 1, 1980 shall make
5
application to the Secretary of State for a certificate of
6
title. However, if such cycle is not properly manufactured or
7
equipped for general highway use pursuant to the provisions of
8
this Act, it shall not be eligible for license registration,
9
but shall be issued a distinctive certificate of title except
10
as provided in Sections 3-102 and 3-110 of this
Code
Act
.
11
(b-5) Every owner of (i) a motor driven cycle that is
12
powered by an electric motor with a nominal power rating of
13
greater than 750 watts but less than or equal to 8,000 watts or
14
(ii) a gas-powered bicycle capable of operating at speeds
15
greater than 28 miles per hour, purchased new on and after
16
January 1, 2027, shall make application to the Secretary of
17
State for a certificate of title, as long as such motor driven
18
cycle or gas-powered bicycle has a vehicle identification
19
number with which it is associated before a certificate of
20
title may be issued. However, if such motor driven cycle or
21
gas-powered bicycle is not properly manufactured or equipped
22
for general highway use under this Code, it shall not be
23
eligible for registration, but shall be issued a distinctive
24
certificate of title except as provided in Sections 3-102 and
25
3-110.
26
Nothing in this subsection shall exempt an
SB3484 Enrolled
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LRB104 20544 LNS 34021 b
1
electric-powered motor driven cycle or gas-powered bicycle
2
from meeting the title and registration requirements of this
3
Code to operate an electric-powered motor driven cycle or
4
gas-powered bicycle on public highways. To the extent that an
5
electric-powered motor driven cycle or gas-powered bicycle is
6
exempt under this subsection, that exemption only applies to
7
the extent that such motor vehicle need not mandatorily be
8
titled if it is purchased prior to January 1, 2027. However, if
9
any owner of such motor vehicle shall seek to operate that
10
motor vehicle on public highways, it must be titled and
11
registered.
12
(c) The Secretary of State shall not register or renew the
13
registration of a vehicle unless a certificate of title has
14
been issued by the Secretary of State to the owner or an
15
application therefor has been delivered by the owner to the
16
Secretary of State.
17
(d) Every owner of an all-terrain vehicle or off-highway
18
motorcycle purchased on or after January 1, 1998 shall make
19
application to the Secretary of State for a certificate of
20
title.
21
(e) Every owner of a low-speed vehicle manufactured after
22
January 1, 2010 shall make application to the Secretary of
23
State for a certificate of title.
24
(Source: P.A. 103-891, eff. 8-9-24.)
25
(625 ILCS 5/3-102)
(from Ch. 95 1/2, par. 3-102)
SB3484 Enrolled
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LRB104 20544 LNS 34021 b
1
Sec. 3-102.
Exclusions.
No certificate of title need be
2
obtained for:
3
1. a vehicle owned by the State of Illinois; or a
4
vehicle owned by the United States unless it is registered
5
in this State;
6
2. a vehicle owned by a manufacturer or dealer and
7
held for sale, even though incidentally moved on the
8
highway or used for purposes of testing or demonstration,
9
provided a dealer reassignment area is still available on
10
the manufacturer's certificate of origin or the Illinois
11
title; or a vehicle used by a manufacturer solely for
12
testing;
13
3. a vehicle owned by a non-resident of this State and
14
not required by law to be registered in this State;
15
4. a motor vehicle regularly engaged in the interstate
16
transportation of persons or property for which a
17
currently effective certificate of title has been issued
18
in another State;
19
5. a vehicle moved solely by animal power;
20
6. an implement of husbandry;
21
7. special mobile equipment;
22
8. an apportionable trailer or an apportionable
23
semitrailer registered in the State prior to April 1,
24
1998;
25
9. a manufactured home for which an affidavit of
26
affixation has been recorded pursuant to the Conveyance
SB3484 Enrolled
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LRB104 20544 LNS 34021 b
1
and Encumbrance of Manufactured Homes as Real Property and
2
Severance Act unless with respect to the same manufactured
3
home there has been recorded an affidavit of severance
4
pursuant to that Act;
5
10.
(blank);
low-speed electric scooters.
6
11. electric micromobility devices.
7
(Source: P.A. 103-899, eff. 8-9-24.)
8
(625 ILCS 5/3-402)
(from Ch. 95 1/2, par. 3-402)
9
Sec. 3-402.
Vehicles subject to registration; exceptions.
10
A. Exemptions and Policy. Every motor vehicle, trailer,
11
semitrailer
,
and pole trailer when driven or moved upon a
12
highway shall be subject to the registration and certificate
13
of title provisions of this Chapter except:
14
(1) Any such vehicle driven or moved upon a highway in
15
conformance with the provisions of this Chapter relating
16
to manufacturers, transporters, dealers, lienholders
,
or
17
nonresidents or under a temporary registration permit
18
issued by the Secretary of State;
19
(2) Any implement of husbandry whether of a type
20
otherwise subject to registration hereunder or not which
21
is only incidentally operated or moved upon a highway,
22
which shall include a not-for-hire movement for the
23
purpose of delivering farm commodities to a place of first
24
processing or sale, or to a place of storage;
25
(3) Any special mobile equipment as herein defined;
SB3484 Enrolled
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LRB104 20544 LNS 34021 b
1
(4) Any vehicle which is propelled exclusively by
2
electric power obtained from overhead trolley wires though
3
not operated upon rails;
4
(5) Any vehicle which is equipped and used exclusively
5
as a pumper, ladder truck, rescue vehicle, searchlight
6
truck, or other fire apparatus, but not a vehicle of a type
7
which would otherwise be subject to registration as a
8
vehicle of the first division;
9
(6) Any vehicle which is owned and operated by the
10
federal government and externally displays evidence of
11
federal ownership. It is the policy of the State of
12
Illinois to promote and encourage the fullest use of its
13
highways and to enhance the flow of commerce thus
14
contributing to the economic, agricultural, industrial
,
15
and social growth and development of this State, by
16
authorizing the Secretary of State to negotiate and enter
17
into reciprocal or proportional agreements or arrangements
18
with other States, or to issue declarations setting forth
19
reciprocal exemptions, benefits
,
and privileges with
20
respect to vehicles operated interstate which are properly
21
registered in this and other States, assuring nevertheless
22
proper registration of vehicles in Illinois as may be
23
required by this Code;
24
(7) Any converter dolly or tow dolly which merely
25
serves as substitute wheels for another legally licensed
26
vehicle. A title may be issued on a voluntary basis to a
SB3484 Enrolled
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LRB104 20544 LNS 34021 b
1
tow dolly upon receipt of the manufacturer's certificate
2
of origin or the bill of sale;
3
(8) Any house trailer found to be an abandoned mobile
4
home under the Abandoned Mobile Home Act;
5
(9) Any vehicle that is not properly registered or
6
does not have registration plates or digital registration
7
plates issued to the owner or operator affixed thereto, or
8
that does have registration plates or digital registration
9
plates issued to the owner or operator affixed thereto but
10
the plates are not appropriate for the weight of the
11
vehicle, provided that this exemption shall apply only
12
while the vehicle is being transported or operated by a
13
towing service and has a third tow plate affixed to it;
14
(10)
(blank);
Low-speed electric scooters.
15
(11) electric micromobility devices.
16
B. Reciprocity. Any motor vehicle, trailer, semitrailer
,
17
or pole trailer need not be registered under this Code
18
provided the same is operated interstate and in accordance
19
with the following provisions and any rules and regulations
20
promulgated pursuant thereto:
21
(1) A nonresident owner, except as otherwise provided
22
in this Section, owning any foreign registered vehicle of
23
a type otherwise subject to registration hereunder, may
24
operate or permit the operation of such vehicle within
25
this State in interstate commerce without registering such
26
vehicle in, or paying any fees to, this State subject to
SB3484 Enrolled
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LRB104 20544 LNS 34021 b
1
the condition that such vehicle at all times when operated
2
in this State is operated pursuant to a reciprocity
3
agreement, arrangement
,
or declaration by this State, and
4
further subject to the condition that such vehicle at all
5
times when operated in this State is duly registered in,
6
and displays upon it, a valid registration card and
7
registration plate or plates or digital registration plate
8
or plates issued for such vehicle in the place of
9
residence of such owner and is issued and maintains in
10
such vehicle a valid Illinois reciprocity permit as
11
required by the Secretary of State, and provided like
12
privileges are afforded to residents of this State by the
13
State of residence of such owner.
14
Every nonresident including any foreign corporation
15
carrying on business within this State and owning and
16
regularly operating in such business any motor vehicle,
17
trailer
,
or semitrailer within this State in intrastate
18
commerce, shall be required to register each such vehicle
19
and pay the same fees therefor as is required with
20
reference to like vehicles owned by residents of this
21
State.
22
(2) Any motor vehicle, trailer, semitrailer
,
and pole
23
trailer operated interstate need not be registered in this
24
State, provided:
25
(a) that the vehicle is properly registered in
26
another State pursuant to law or to a reciprocity
SB3484 Enrolled
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LRB104 20544 LNS 34021 b
1
agreement, arrangement
,
or declaration; or
2
(b) that such vehicle is part of a fleet of
3
vehicles owned or operated by the same person who
4
registers such fleet of vehicles pro rata among the
5
various States in which such fleet operates; or
6
(c) that such vehicle is part of a fleet of
7
vehicles, a portion of which are registered with the
8
Secretary of State of Illinois in accordance with an
9
agreement or arrangement concurred in by the Secretary
10
of State of Illinois based on one or more of the
11
following factors: ratio of miles in Illinois as
12
against total miles in all jurisdictions; situs or
13
base of a vehicle, or where it is principally garaged,
14
or from whence it is principally dispatched or where
15
the movements of such vehicle usually originate; situs
16
of the residence of the owner or operator thereof, or
17
of
the person's
his
principal office or offices, or of
18
the person's
his
places of business; the routes
19
traversed and whether regular or irregular routes are
20
traversed, and the jurisdictions traversed and served;
21
and such other factors as may be deemed material by the
22
Secretary and the motor vehicle administrators of the
23
other jurisdictions involved in such apportionment.
24
Such vehicles shall maintain therein any reciprocity
25
permit which may be required by the Secretary of State
26
pursuant to rules and regulations which the Secretary
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LRB104 20544 LNS 34021 b
1
of State may promulgate in the administration of this
2
Code, in the public interest.
3
(3)(a) In order to effectuate the purposes of this
4
Code, the Secretary of State of Illinois is empowered to
5
negotiate and execute written reciprocal agreements or
6
arrangements with the duly authorized representatives of
7
other jurisdictions, including States, districts,
8
territories
,
and possessions of the United States, and
9
foreign states, provinces, or countries, granting to
10
owners or operators of vehicles duly registered or
11
licensed in such other jurisdictions and for which
12
evidence of compliance is supplied, benefits, privileges
,
13
and exemption from the payment, wholly or partially, of
14
any taxes, fees
,
or other charges imposed with respect to
15
the ownership or operation of such vehicles by the laws of
16
this State except the tax imposed by the Motor Fuel Tax
17
Law, approved March 25, 1929, as amended, and the tax
18
imposed by the Use Tax Act, approved July 14, 1955, as
19
amended.
20
The Secretary of State may negotiate agreements or
21
arrangements as are in the best interests of this State
22
and the residents of this State pursuant to the policies
23
expressed in this Section taking into consideration the
24
reciprocal exemptions, benefits
,
and privileges available
25
and accruing to residents of this State and vehicles
26
registered in this State.
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1
(b) Such reciprocal agreements or arrangements shall
2
provide that vehicles duly registered or licensed in this
3
State when operated upon the highways of such other
4
jurisdictions, shall receive exemptions, benefits
,
and
5
privileges of a similar kind or to a similar degree as
6
extended to vehicles from such jurisdictions in this
7
State.
8
(c) Such agreements or arrangements may also authorize
9
the apportionment of registration or licensing of fleets
10
of vehicles operated interstate, based on any or all of
11
the following factors: ratio of miles in Illinois as
12
against total miles in all jurisdictions; situs or base of
13
a vehicle, or where it is principally garaged or from
14
whence it is principally dispatched or where the movements
15
of such vehicle usually originate; situs of the residence
16
of the owner or operator thereof, or of
the person's
his
17
principal office or offices, or of
the person's
his
places
18
of business; the routes traversed and whether regular or
19
irregular routes are traversed, and the jurisdictions
20
traversed and served; and such other factors as may be
21
deemed material by the Secretary and the motor vehicle
22
administrators of the other jurisdictions involved in such
23
apportionment, and such vehicles shall likewise be
24
entitled to reciprocal exemptions, benefits
,
and
25
privileges.
26
(d) Such agreements or arrangements shall also provide
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1
that vehicles being operated in intrastate commerce in
2
Illinois shall comply with the registration and licensing
3
laws of this State, except that vehicles which are part of
4
an apportioned fleet may conduct an intrastate operation
5
incidental to their interstate operations. Any motor
6
vehicle properly registered and qualified under any
7
reciprocal agreement or arrangement under this Code and
8
not having a situs or base within Illinois may complete
9
the inbound movement of a trailer or semitrailer to an
10
Illinois destination that was brought into Illinois by a
11
motor vehicle also properly registered and qualified under
12
this Code and not having a situs or base within Illinois,
13
or may complete an outbound movement of a trailer or
14
semitrailer to an out-of-state destination that was
15
originated in Illinois by a motor vehicle also properly
16
registered and qualified under this Code and not having a
17
situs or base in Illinois, only if the operator thereof
18
did not break bulk of the cargo laden in such inbound or
19
outbound trailer or semitrailer. Adding or unloading
20
intrastate cargo on such inbound or outbound trailer or
21
semitrailer shall be deemed as breaking bulk.
22
(e) Such agreements or arrangements may also provide
23
for the determination of the proper State in which leased
24
vehicles shall be registered based on the factors set out
25
in subsection (c) above and for apportionment of
26
registration of fleets of leased vehicles by the lessee or
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1
by the lessor who leases such vehicles to persons who are
2
not fleet operators.
3
(f) Such agreements or arrangements may also include
4
reciprocal exemptions, benefits
,
or privileges accruing
5
under
the
The
Illinois Driver Licensing Law or
the
The
6
Driver License Compact.
7
(4) The Secretary of State is further authorized to
8
examine the laws and requirements of other jurisdictions,
9
and, in the absence of a written agreement or arrangement,
10
to issue a written declaration of the extent and nature of
11
the exemptions, benefits and privileges accorded to
12
vehicles of this State by such other jurisdictions, and
13
the extent and nature of reciprocal exemptions, benefits
,
14
and privileges thereby accorded by this State to the
15
vehicles of such other jurisdictions. A declaration by the
16
Secretary of State may include any, part or all reciprocal
17
exemptions, benefits
,
and privileges or provisions as may
18
be included within an agreement or arrangement.
19
(5) All agreements, arrangements, declarations
,
and
20
amendments thereto, shall be in writing and become
21
effective when signed by the Secretary of State, and
22
copies of all such documents shall be available to the
23
public upon request.
24
(6) The Secretary of State is further authorized to
25
require the display by foreign registered trucks,
26
truck-tractors
,
and buses, entitled to reciprocal
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1
benefits, exemptions
,
or privileges hereunder, a
2
reciprocity permit for external display before any such
3
reciprocal benefits, exemptions
,
or privileges are
4
granted. The Secretary of State shall provide suitable
5
application forms for such permit and shall promulgate and
6
publish reasonable rules and regulations for the
7
administration and enforcement of the provisions of this
8
Code including a provision for revocation of such permit
9
as to any vehicle operated wilfully in violation of the
10
terms of any reciprocal agreement, arrangement
,
or
11
declaration or in violation of the Illinois Motor Carrier
12
of Property Law, as amended.
13
(7)(a) Upon the suspension, revocation
,
or denial of
14
one or more of all reciprocal benefits, privileges
,
and
15
exemptions existing pursuant to the terms and provisions
16
of this Code or by virtue of a reciprocal agreement or
17
arrangement or declaration thereunder; or, upon the
18
suspension, revocation
,
or denial of a reciprocity permit;
19
or, upon any action or inaction of the Secretary in the
20
administration and enforcement of the provisions of this
21
Code, any person, resident or nonresident, so aggrieved,
22
may serve upon the Secretary, a petition in writing and
23
under oath, setting forth the grievance of the petitioner,
24
the grounds and basis for the relief sought, and all
25
necessary facts and particulars, and request an
26
administrative hearing thereon. Within 20 days, the
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LRB104 20544 LNS 34021 b
1
Secretary shall set a hearing date as early as practical.
2
The Secretary may, in
the Secretary's
his
discretion,
3
supply forms for such a petition. The Secretary may
4
require the payment of a fee of not more than $50 for the
5
filing of any petition, motion, or request for hearing
6
conducted pursuant to this Section. These fees must be
7
deposited into the Secretary of State DUI Administration
8
Fund, a special fund that is hereby created in the State
9
treasury, and, subject to appropriation and as directed by
10
the Secretary of State, shall be used to fund the
11
operation of the hearings department of the Office of the
12
Secretary of State and for no other purpose. The Secretary
13
shall establish by rule the amount and the procedures,
14
terms, and conditions relating to these fees.
15
(b) The Secretary may likewise, in
the Secretary's
his
16
discretion and upon
the Secretary's
his
own petition,
17
order a hearing, when in
the Secretary's
his
best
18
judgment, any person is not entitled to the reciprocal
19
benefits, privileges
,
and exemptions existing pursuant to
20
the terms and provisions of this Code or under a
21
reciprocal agreement or arrangement or declaration
22
thereunder or that a vehicle owned or operated by such
23
person is improperly registered or licensed, or that an
24
Illinois resident has improperly registered or licensed a
25
vehicle in another jurisdiction for the purposes of
26
violating or avoiding the registration laws of this State.
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1
(c) The Secretary shall notify a petitioner or any
2
other person involved of such a hearing, by giving at
3
least 10 days notice, in writing, by U.S. Mail, Registered
4
or Certified, or by personal service, at the last known
5
address of such petitioner or person, specifying the time
6
and place of such hearing. Such hearing shall be held
7
before the Secretary, or any person as
the Secretary
he
8
may designate, and unless the parties mutually agree to
9
some other county in Illinois, the hearing shall be held
10
in the County of Sangamon or the County of Cook.
11
Appropriate records of the hearing shall be kept, and the
12
Secretary shall issue or cause to be issued,
the
13
Secretary's
his
decision on the case, within 30 days after
14
the close of such hearing or within 30 days after receipt
15
of the transcript thereof, and a copy shall likewise be
16
served or mailed to the petitioner or person involved.
17
(d) The actions or inactions or determinations, or
18
findings and decisions upon an administrative hearing, of
19
the Secretary, shall be subject to judicial review in the
20
Circuit Court of the County of Sangamon or the County of
21
Cook, and the provisions of the Administrative Review Law,
22
and all amendments and modifications thereof and rules
23
adopted pursuant thereto, apply to and govern all such
24
reviewable matters.
25
Any reciprocal agreements or arrangements entered into
26
by the Secretary of State or any declarations issued by
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LRB104 20544 LNS 34021 b
1
the Secretary of State pursuant to any law in effect prior
2
to the effective date of this Code are not hereby
3
abrogated, and such shall continue in force and effect
4
until amended pursuant to the provisions of this Code or
5
expire pursuant to the terms or provisions thereof.
6
C. Vehicles purchased out-of-state. A resident of this
7
State who purchases a vehicle in another state and transports
8
the vehicle to Illinois shall apply for registration and
9
certificate of title as soon as practicable, but in no event
10
more than 45 days after the purchase of the vehicle. If an
11
Illinois motorist who purchased a vehicle from an out-of-state
12
licensed dealer is unable to meet the 45-day deadline due to a
13
delay in paperwork from the seller, that motorist may obtain
14
an Illinois temporary registration plate with: (i) proof of
15
purchase; (ii) proof of meeting the Illinois driver's license
16
or identification card requirement; and (iii) proof that
17
Illinois title and registration fees have been paid. If fees
18
have not been paid, the motorist may pay the fees in order to
19
obtain the temporary registration plate. The owner of such a
20
vehicle shall display any temporary permit or registration
21
issued in accordance with Section 3-407.
22
(Source: P.A. 103-209, eff. 1-1-24; 103-899, eff. 8-9-24;
23
104-417, eff. 8-15-25.)
24
(625 ILCS 5/6-102)
(from Ch. 95 1/2, par. 6-102)
25
Sec. 6-102.
What persons are exempt.
The following persons
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1
are exempt from the requirements of Section 6-101 and are not
2
required to have an Illinois drivers license or permit if one
3
or more of the following qualifying exemptions are met and
4
apply:
5
1. Any employee of the United States Government or any
6
member of the Armed Forces of the United States, while
7
operating a motor vehicle owned by or leased to the United
8
States Government and being operated on official business
9
need not be licensed;
10
2. A nonresident who has in
the nonresident's
his
11
immediate possession a valid license issued to
the
12
nonresident
him
in
the nonresident's
his
home state or
13
country may operate a motor vehicle for which
the
14
nonresident
he
is licensed for the period during which
the
15
nonresident
he
is in this State;
16
3. A nonresident and
the nonresident's
his
spouse and
17
children living with
the nonresident
him
who is a student
18
at a college or university in Illinois who have a valid
19
license issued by their home State.
20
4. A person operating a road machine temporarily upon
21
a highway or operating a farm tractor between the home
22
farm buildings and any adjacent or nearby farm land for
23
the exclusive purpose of conducting farm operations need
24
not be licensed as a driver.
25
5. A resident of this State who has been serving as a
26
member or as a civilian employee of the Armed Forces of the
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LRB104 20544 LNS 34021 b
1
United States, or as a civilian employee of the United
2
States Department of Defense, outside the Continental
3
limits of the United States, for a period of 120 days
4
following
the resident's
his
return to the continental
5
limits of the United States.
6
6. A nonresident on active duty in the Armed Forces of
7
the United States who has a valid license issued by
the
8
nonresident's
his
home state and such nonresident's
9
spouse, and dependent children and living with parents,
10
who have a valid license issued by their home state.
11
7. A nonresident who becomes a resident of this State,
12
may for a period of the first 90 days of residence in
13
Illinois operate any motor vehicle which he was qualified
14
or licensed to drive by
the nonresident's
his
home state
15
or country so long as
the nonresident
he
has in
the
16
nonresident's
his
possession, a valid and current license
17
issued to
the nonresident
him
by
the nonresident's
his
18
home state or country. Upon expiration of such
90-day
90
19
day
period, such new resident must comply with the
20
provisions of this Act and apply for an Illinois license
21
or permit.
22
8. An engineer, conductor, brakeman, or any other
23
member of the crew of a locomotive or train being operated
24
upon rails, including operation on a railroad crossing
25
over a public street, road or highway. Such person is not
26
required to display a driver's license to any law
SB3484 Enrolled
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LRB104 20544 LNS 34021 b
1
enforcement officer in connection with the operation of a
2
locomotive or train within this State.
3
9.
(Blank).
Persons operating low-speed electric
4
scooters in accordance with Section 11-1518.
5
10. Persons operating an electric micromobility
6
device.
7
The provisions of this Section granting exemption to any
8
nonresident shall be operative to the same extent that the
9
laws of the State or country of such nonresident grant like
10
exemption to residents of this State.
11
The Secretary of State may implement the exemption
12
provisions of this Section by inclusion thereof in a
13
reciprocity agreement, arrangement or declaration issued
14
pursuant to this Act.
15
(Source: P.A. 103-899, eff. 8-9-24.)
16
(625 ILCS 5/7-601)
(from Ch. 95 1/2, par. 7-601)
17
Sec. 7-601.
Required liability insurance policy.
18
(a) No person shall operate, register or maintain
19
registration of, and no owner shall permit another person to
20
operate, register or maintain registration of, a motor vehicle
21
designed to be used on a public highway in this State unless
22
the motor vehicle is covered by a liability insurance policy.
23
The insurance policy shall be issued in amounts no less
24
than the minimum amounts set for bodily injury or death and for
25
destruction of property under Section 7-203 of this Code, and
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LRB104 20544 LNS 34021 b
1
shall be issued in accordance with the requirements of
2
Sections 143a and 143a-2 of the Illinois Insurance Code, as
3
amended. No insurer other than an insurer authorized to do
4
business in this State shall issue a policy pursuant to this
5
Section for any vehicle subject to registration under this
6
Code. Nothing herein shall deprive an insurer of any policy
7
defense available at common law.
8
(b) The following vehicles are exempt from the
9
requirements of this Section:
10
(1) vehicles subject to the provisions of Chapters 8
11
or 18a, Article III or Section 7-609 of Chapter 7, or
12
Sections 12-606 or 12-707.01 of Chapter 12 of this Code;
13
(2) vehicles required to file proof of liability
14
insurance with the Illinois Commerce Commission;
15
(3) vehicles covered by a certificate of
16
self-insurance under Section 7-502 of this Code;
17
(4) vehicles owned by the United States, the State of
18
Illinois, or any political subdivision, municipality or
19
local mass transit district;
20
(5) implements of husbandry;
21
(6) other vehicles complying with laws which require
22
them to be insured in amounts meeting or exceeding the
23
minimum amounts required under this Section;
and
24
(7) inoperable or stored vehicles that are not
25
operated, as defined by rules and regulations of the
26
Secretary
; and
.
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LRB104 20544 LNS 34021 b
1
(8) electric micromobility devices.
2
(c) Every employee of a State agency, as that term is
3
defined in the Illinois State Auditing Act, who is assigned a
4
specific vehicle owned or leased by the State on an ongoing
5
basis shall provide the certification described in this
6
Section annually to the director or chief executive officer of
7
the employee's
his or her
agency.
8
The certification shall affirm that the employee is duly
9
licensed to drive the assigned vehicle and that (i) the
10
employee has liability insurance coverage extending to the
11
employee when the assigned vehicle is used for other than
12
official State business, or (ii) the employee has filed a bond
13
with the Secretary of State as proof of financial
14
responsibility, in an amount equal to, or in excess of the
15
requirements stated within this Section. Upon request of the
16
agency director or chief executive officer, the employee shall
17
present evidence to support the certification.
18
The certification shall be provided during the period July
19
1 through July 31 of each calendar year, or within 30 days of
20
any new assignment of a vehicle on an ongoing basis, whichever
21
is later.
22
The employee's authorization to use the assigned vehicle
23
shall automatically be rescinded upon:
24
(1) the revocation or suspension of the license
25
required to drive the assigned vehicle;
26
(2) the cancellation or termination for any reason of
SB3484 Enrolled
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LRB104 20544 LNS 34021 b
1
the automobile liability insurance coverage as required in
2
item (c)(i); or
3
(3) the termination of the bond filed with the
4
Secretary of State.
5
All State employees providing the required certification
6
shall immediately notify the agency director or chief
7
executive officer in the event any of these actions occur.
8
All peace officers employed by a State agency who are
9
primarily responsible for prevention and detection of crime
10
and the enforcement of the criminal, traffic, or highway laws
11
of this State, and prohibited by agency rule or policy to use
12
an assigned vehicle owned or leased by the State for regular
13
personal or off-duty use, are exempt from the requirements of
14
this Section.
15
(d) No person shall operate a motor vehicle registered in
16
another state upon the highways of this State unless the
17
vehicle is covered by a liability insurance policy. The
18
operator of the vehicle shall carry within the vehicle
19
evidence of the insurance.
20
(Source: P.A. 100-202, eff. 1-1-18; 100-828, eff. 1-1-19
.)
21
(625 ILCS 5/11-208)
(from Ch. 95 1/2, par. 11-208)
22
Sec. 11-208.
Powers of local authorities.
23
(a) The provisions of this Code shall not be deemed to
24
prevent local authorities with respect to streets and highways
25
under their jurisdiction and within the reasonable exercise of
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LRB104 20544 LNS 34021 b
1
the police power from:
2
1. Regulating the standing or parking of vehicles,
3
except as limited by Sections 11-1306 and 11-1307 of this
4
Act;
5
2. Regulating traffic by means of police officers or
6
traffic control signals;
7
3. Regulating or prohibiting processions or
8
assemblages on the highways; and certifying persons to
9
control traffic for processions or assemblages;
10
4. Designating particular highways as one-way highways
11
and requiring that all vehicles thereon be moved in one
12
specific direction;
13
5. Regulating the speed of vehicles in public parks
14
subject to the limitations set forth in Section 11-604;
15
6. Designating any highway as a through highway, as
16
authorized in Section 11-302, and requiring that all
17
vehicles stop before entering or crossing the same or
18
designating any intersection as a stop intersection or a
19
yield right-of-way intersection and requiring all vehicles
20
to stop or yield the right-of-way at one or more entrances
21
to such intersections;
22
7. Restricting the use of highways as authorized in
23
Chapter 15;
24
8. Regulating the operation of mobile carrying devices
25
and
,
bicycles
, low-speed electric bicycles, and low-speed
26
gas bicycles,
and requiring the registration and licensing
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LRB104 20544 LNS 34021 b
1
of same, including the requirement of a registration fee;
2
9. Regulating or prohibiting the turning of vehicles
3
or specified types of vehicles at intersections;
4
10. Altering the speed limits as authorized in Section
5
11-604;
6
11. Prohibiting U-turns;
7
12. Prohibiting pedestrian crossings at other than
8
designated and marked crosswalks or at intersections;
9
13. Prohibiting parking during snow removal operation;
10
14. Imposing fines in accordance with Section
11
11-1301.3 as penalties for use of any parking place
12
reserved for persons with disabilities, as defined by
13
Section 1-159.1, or veterans with disabilities by any
14
person using a motor vehicle not bearing registration
15
plates specified in Section 11-1301.1 or a special decal
16
or device as defined in Section 11-1301.2 as evidence that
17
the vehicle is operated by or for a person with
18
disabilities or a veteran with a disability;
19
15. Adopting such other traffic regulations as are
20
specifically authorized by this Code; or
21
16. Enforcing the provisions of subsection (f) of
22
Section 3-413 of this Code or a similar local ordinance.
23
(b) No ordinance or regulation enacted under paragraph 1,
24
4, 5, 6, 7, 9, 10, 11
,
or 13 of subsection (a) shall be
25
effective until signs giving reasonable notice of such local
26
traffic regulations are posted.
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LRB104 20544 LNS 34021 b
1
(c) The provisions of this Code shall not prevent any
2
municipality having a population of 500,000 or more
3
inhabitants from prohibiting any person from driving or
4
operating any motor vehicle upon the roadways of such
5
municipality with headlamps on high beam or bright.
6
(d) The provisions of this Code shall not be deemed to
7
prevent local authorities within the reasonable exercise of
8
their police power from prohibiting, on private property, the
9
unauthorized use of parking spaces reserved for persons with
10
disabilities.
11
(e) No unit of local government, including a home rule
12
unit, may enact or enforce an ordinance that applies only to
13
motorcycles if the principal purpose for that ordinance is to
14
restrict the access of motorcycles to any highway or portion
15
of a highway for which federal or State funds have been used
16
for the planning, design, construction, or maintenance of that
17
highway. No unit of local government, including a home rule
18
unit, may enact an ordinance requiring motorcycle users to
19
wear protective headgear. Nothing in this subsection (e) shall
20
affect the authority of a unit of local government to regulate
21
motorcycles for traffic control purposes or in accordance with
22
Section 12-602 of this Code. No unit of local government,
23
including a home rule unit, may regulate motorcycles in a
24
manner inconsistent with this Code. This subsection (e) is a
25
limitation under subsection (i) of Section 6 of Article VII of
26
the Illinois Constitution on the concurrent exercise by home
SB3484 Enrolled
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LRB104 20544 LNS 34021 b
1
rule units of powers and functions exercised by the State.
2
(e-5) The City of Chicago may enact an ordinance providing
3
for a noise monitoring system upon any portion of the roadway
4
known as Lake Shore Drive. Twelve months after the
5
installation of the noise monitoring system, and any time
6
after the first report as the City deems necessary, the City of
7
Chicago shall prepare a noise monitoring report with the data
8
collected from the system and shall, upon request, make the
9
report available to the public. For purposes of this
10
subsection (e-5), "noise monitoring system" means an automated
11
noise monitor capable of recording noise levels 24 hours per
12
day and 365 days per year with computer equipment sufficient
13
to process the data.
14
(e-10) A unit of local government, including a home rule
15
unit, may not enact an ordinance prohibiting the use of
16
Automated Driving System equipped vehicles on its roadways.
17
Nothing in this subsection (e-10) shall affect the authority
18
of a unit of local government to regulate Automated Driving
19
System equipped vehicles for traffic control purposes. No unit
20
of local government, including a home rule unit, may regulate
21
Automated Driving System equipped vehicles in a manner
22
inconsistent with this Code. For purposes of this subsection
23
(e-10), "Automated Driving System equipped vehicle" means any
24
vehicle equipped with an Automated Driving System of hardware
25
and software that are collectively capable of performing the
26
entire dynamic driving task on a sustained basis, regardless
SB3484 Enrolled
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LRB104 20544 LNS 34021 b
1
of whether it is limited to a specific operational domain.
2
This subsection (e-10) is a limitation under subsection (i) of
3
Section 6 of Article VII of the Illinois Constitution on the
4
concurrent exercise by home rule units of powers and functions
5
exercised by the State.
6
(f) A municipality or county designated in Section
7
11-208.6 may enact an ordinance providing for an automated
8
traffic law enforcement system to enforce violations of this
9
Code or a similar provision of a local ordinance and imposing
10
liability on a registered owner or lessee of a vehicle used in
11
such a violation.
12
(g) A municipality or county, as provided in Section
13
11-1201.1, may enact an ordinance providing for an automated
14
traffic law enforcement system to enforce violations of
15
Section 11-1201 of this Code or a similar provision of a local
16
ordinance and imposing liability on a registered owner of a
17
vehicle used in such a violation.
18
(h) A municipality designated in Section 11-208.8 may
19
enact an ordinance providing for an automated speed
20
enforcement system to enforce violations of Article VI of
21
Chapter 11 of this Code or a similar provision of a local
22
ordinance.
23
(i) A municipality or county designated in Section
24
11-208.9 may enact an ordinance providing for an automated
25
traffic law enforcement system to enforce violations of
26
Section 11-1414 of this Code or a similar provision of a local
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ordinance and imposing liability on a registered owner or
2
lessee of a vehicle used in such a violation.
3
(Source: P.A. 100-209, eff. 1-1-18; 100-257, eff. 8-22-17;
4
100-352, eff. 6-1-18; 100-863, eff. 8-14-18; 101-123, eff.
5
7-26-19.)
6
(625 ILCS 5/11-317 new)
7
Sec. 11-317.
Motor driven cycle prohibition signage.
On
8
any highway, bicycle lane, bicycle path, shared-use path,
9
off-road bicycle trail or natural surface trail designated for
10
bicycle use, or any other bicycle-specific facility
11
established under State or local law for which use of motor
12
driven cycles has been prohibited under Section 11-1403.4, the
13
State or local government entity having jurisdiction shall
14
place permanent signage or pavement markings that notify users
15
that operation of motor driven cycles is strictly prohibited.
16
(625 ILCS 5/11-1008.5 new)
17
Sec. 11-1008.5.
Toy vehicles.
18
(a) Toy vehicles shall only be operated on sidewalks and
19
bicycle paths. Every person operating a toy vehicle upon a
20
sidewalk or bicycle path shall be granted all the rights and
21
shall be subject to all the duties applicable to a pedestrian.
22
The driver of a vehicle shall yield the right-of-way to any
23
person operating a toy vehicle. The parent of any child and the
24
guardian of any ward shall not authorize or knowingly permit
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1
any such child or ward who is operating a toy vehicle to
2
violate any of the provisions of this Code.
3
(b) The use of toy vehicles on property owned, managed, or
4
leased by any municipality, park district, forest preserve
5
district, conservation district, or transit district is
6
allowed, unless specifically prohibited in an ordinance or
7
resolution adopted by the municipality, park district, forest
8
preserve district, conservation district, or transit district.
9
The Department of Natural Resources is authorized to adopt
10
administrative rules for the regulation of toy vehicles on any
11
and all properties owned, managed, or leased by the Department
12
of Natural Resources.
13
(c) No person shall knowingly tamper with or modify the
14
speed capability or engagement of a toy vehicle beyond the
15
original speed capabilities of the device.
16
(d) No unit of local government, including a home rule
17
unit, may regulate toy vehicles in a manner that is less
18
restrictive than this Section. This paragraph is a limitation
19
under subsection (i) of Section 6 of Article VII of the
20
Illinois Constitution on the concurrent exercise by home rule
21
units of powers and functions exercised by the State.
22
(625 ILCS 5/11-1403.4 new)
23
Sec. 11-1403.4.
Operation of motor driven cycles.
24
(a) Except as otherwise provided in this Section, a person
25
may operate a motor driven cycle upon any public highway,
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street, or roadway in this State.
2
(b) Motor driven cycles shall not be operated on any
3
sidewalk, bicycle lane, bicycle path, shared-use path,
4
off-road bicycle trail or natural surface trail designated for
5
bicycle use, or any other bicycle-specific facility
6
established under State or local law. For purposes of this
7
subsection, "shared-use path" means any paved, off-street
8
travel way designed to serve non-motorized vehicles and
9
travelers.
10
(c) Motor driven cycles shall not be operated upon
11
interstate highways or upon any public land where expressly
12
prohibited by the State governing body, department, or agency
13
having jurisdiction thereof.
14
(d) No person shall operate a motor driven cycle unless
15
that person is in possession of a valid driver's license.
16
Pursuant to Section 6-107.1, the Secretary may issue an
17
instruction permit to a person 16 or 17 years of age that
18
entitles the holder to drive upon the highways during daylight
19
under direct supervision of a licensed motor driven cycle
20
operator 21 years of age or older who has a license
21
classification to operate such motor driven cycle and at least
22
one year of driving experience.
23
(e) A person may not operate a motor driven cycle while
24
carrying a passenger unless that motor driven cycle was
25
manufactured to carry a passenger.
26
(f) A motor driven cycle manufactured to accommodate
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passengers may not be operated by a person under the age of 18
2
while transporting a passenger unless the passenger is a
3
sibling, stepsibling, child, or stepchild of the operator.
4
(g) Each motor driven cycle shall be equipped with a
5
speedometer that displays the speed of travel in miles per
6
hour. Each motor driven cycle shall also be equipped with or
7
display a vehicle identification number and conform with all
8
federal vehicle safety standards as well as meet all
9
applicable equipment requirements specified in this Article
10
and Chapter 12. No person shall knowingly tamper with or
11
modify the speed capability or engagement of a motor driven
12
cycle beyond its originally intended capability.
13
(h) Except as otherwise provided in this Section, every
14
person operating a motor driven cycle upon a highway shall be
15
granted all of the rights allowed under this Chapter, and
16
shall be subject to all of the duties applicable to the driver
17
of a vehicle by this Code, except as to any applicable special
18
rules and those provisions of this Code which by their nature
19
can have no application.
20
(i) No retailer, wholesaler, distributor, or manufacturer
21
shall market, advertise, label, or otherwise offer for sale a
22
motor driven cycle in any manner that would reasonably cause a
23
consumer to believe that the vehicle is a device that is not
24
subject to the requirements of this Section. Any violation of
25
this subsection constitutes an unlawful practice under the
26
Consumer Fraud and Deceptive Business Practices Act, and is
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enforceable by the Attorney General or State's Attorneys under
2
the Consumer Fraud and Deceptive Business Practices Act. Law
3
enforcement officers are authorized to seize or impound
4
vehicles marketed or sold in violation of this subsection,
5
pending resolution of proceedings initiated pursuant to the
6
Consumer Fraud and Deceptive Business Practices Act. In
7
addition to any penalty authorized under this subsection, the
8
law enforcement agency may provide for the release of properly
9
impounded vehicles and for the imposition of a reasonable
10
administrative fee related to its confiscation and impounding.
11
A retailer, wholesaler, distributor, or manufacturer that
12
violates this subsection is subject to a civil penalty not
13
exceeding $10,000 for each violation. Each mislabeled or
14
falsely marketed vehicle constitutes a separate violation.
15
(j) Any motor driven cycle found to be in violation of this
16
Section may, in the discretion of the law enforcement agency
17
having jurisdiction, be subject to confiscation and
18
impoundment. The law enforcement agency may provide for the
19
release of properly impounded vehicles and for the imposition
20
of a reasonable administrative fee related to its confiscation
21
and impounding. The administrative fee shall be waived upon
22
verifiable proof that the vehicle was stolen or hijacked at
23
the time the vehicle was impounded.
24
(k) No unit of local government, including a home rule
25
unit, may regulate motor driven cycles. This subsection (k) is
26
a denial and limitation of home rule powers and functions
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1
under subsection (h) of Section 6 of Article VII of the
2
Illinois Constitution, and is an exercise of exclusive State
3
power which may not be exercised concurrently by a home rule
4
unit.
5
(l) Every owner of a motor driven cycle is subject to the
6
mandatory insurance requirements specified in Article VI of
7
Chapter 7 of this Code.
8
(m) The Secretary may adopt any rules necessary to
9
implement this Section.
10
(625 ILCS 5/11-1435 new)
11
Sec. 11-1435.
Operation of electric micromobility devices.
12
(a) Except as otherwise provided in this Section, a person
13
may operate an electric micromobility device upon any highway,
14
street, roadway, bicycle lane, or bicycle path in this State.
15
A person operating an electric micromobility device upon a
16
highway, street, or roadway may not otherwise impede or
17
obstruct other vehicular traffic.
18
(b) An electric micromobility device shall not be operated
19
on:
20
(1) a sidewalk;
21
(2) a highway with a speed limit in excess of 35 miles
22
per hour, unless there is a designated bicycle lane on
23
such highway; or
24
(3) an interstate highway.
25
Additionally, any such electric micromobility device
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1
capable of and operating in excess of 28 miles per hour shall
2
be prohibited from operating on any public highway, regardless
3
of speed limit, and shall further be prohibited from bicycle
4
lanes and bicycle paths.
5
(c) The Department of Transportation and the Department of
6
Natural Resources may adopt administrative rules prohibiting
7
the use of electric micromobility devices upon any highway,
8
street, roadway, bicycle lane, or bicycle path under its
9
jurisdiction.
10
Notwithstanding subsection (o), park districts, forest
11
preserve districts, conservation districts, and transit
12
districts may, by ordinance or resolution, regulate the use of
13
electric micromobility devices upon any bicycle path under its
14
jurisdiction.
15
(d) A person may not operate an electric micromobility
16
device unless the person is 16 years of age or older.
17
(e) Every electric micromobility device shall be equipped
18
with a functioning brake or mechanism that allows for the
19
deceleration of the device when in use that will adequately
20
control movement of the device and allow the device to be
21
stopped. Every electric micromobility device, when in use at
22
nighttime, shall also be equipped with a lamp on the front that
23
emits a white light visible from a distance of at least 500
24
feet to the front and with a red reflector on the rear that is
25
visible from all distances from 100 feet to 600 feet to the
26
rear when directly in front of lawful lower beams of headlamps
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1
on a motor vehicle, except that a lamp emitting a steady or
2
flashing red light visible from a distance of 500 feet to the
3
rear may be used in addition to or instead of the red
4
reflector. A person operating an electric micromobility device
5
at nighttime may also use a headlamp equipped with lighting
6
sufficient to meet the visibility requirements of this
7
subsection.
8
(f) An electric micromobility device may be parked in the
9
same manner and at the same locations as a bicycle may be
10
parked; however, such device must not obstruct any sidewalk or
11
pedestrian right-of-way.
12
(g) A person may not use an electric micromobility device
13
to carry a passenger unless the device was originally designed
14
to carry more than one person at a time.
15
(h) No person riding upon any electric micromobility
16
device shall attach the device or the person to any vehicle
17
upon a roadway.
18
(i) No person shall knowingly tamper with or modify the
19
speed capability or engagement of an electric micromobility
20
device beyond the original speed capability of the device.
21
(j) A person may not operate an electric micromobility
22
device while under the influence of alcohol or any drug.
23
(k) Every electric micromobility device shall be
24
well-maintained and in good operating condition.
25
(l) An electric micromobility device shall not be equipped
26
with a siren nor shall any person use any siren upon an
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1
electric micromobility device. This subsection does not apply
2
to an electric micromobility device used by a police or fire
3
department.
4
(m) Any electric micromobility device operated in
5
violation of or found to be in violation of this Section may,
6
in the discretion of the law enforcement agency having
7
jurisdiction, be subject to confiscation and impoundment. The
8
law enforcement agency may provide for the release of a
9
properly impounded vehicle and for the imposition of a
10
reasonable administrative fee related to its confiscation and
11
impounding. The administrative fee shall be waived upon
12
verifiable proof that the vehicle was stolen or hijacked at
13
the time the vehicle was impounded.
14
(n) Every person operating an electric micromobility
15
device upon a highway shall be granted all of the rights
16
allowed by this Chapter, and shall be subject to all of the
17
duties applicable to the driver of a vehicle by this Code,
18
except as to any applicable special rules and those provisions
19
of this Code which by their nature can have no application.
20
(o) Except as specifically authorized in this Section, no
21
unit of local government, including a home rule unit, may
22
regulate electric micromobility devices. This subsection (o)
23
is a denial and limitation of home rule powers and functions
24
under subsection (h) of Section 6 of Article VII of the
25
Illinois Constitution, and is an exercise of exclusive State
26
power which may not be exercised concurrently by a home rule
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1
unit.
2
(p) The Secretary may adopt any rules necessary to
3
implement this Section.
4
(625 ILCS 5/11-1435.5 new)
5
Sec. 11-1435.5.
Personal mobility device accommodation.
6
Nothing in this Code shall be construed to prohibit the use of
7
or reasonable accommodation for personal mobility devices as
8
defined under and meeting the requirements of the Americans
9
with Disabilities Act of 1990, including federal regulations
10
adopted therefor, when operated by persons with a mobility
11
disability.
12
(625 ILCS 5/11-1501)
(from Ch. 95 1/2, par. 11-1501)
13
Sec. 11-1501.
Application of rules.
14
(a) It is unlawful for any person to do any act forbidden
15
or fail to perform any act required in Article XV of Chapter 11
16
of this Code.
17
(b) The parent of any child and the guardian of any ward
18
shall not authorize or knowingly permit any such child or ward
19
to violate any of the provisions of this Code.
20
(c) The provisions of this Article XV that apply to
21
bicycles also apply to adaptive electric bicycles when
22
operated by a person with a mobility disability.
23
(d) Except as may otherwise be provided in this Code and to
24
the extent practicable, the provisions of Article XV of
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1
Chapter 11 that apply to bicycles shall also apply to electric
2
unicycles.
3
(e) Except as may otherwise be provided in this Code and to
4
the extent practicable, the provisions of Article XV of
5
Chapter 11 that apply to bicycles shall also apply to
6
unicycles.
7
(Source: P.A. 82-132.)
8
(625 ILCS 5/11-1516)
9
Sec. 11-1516.
Low-speed gas bicycles.
10
(a) A person may operate a low-speed gas bicycle only if
11
the person is at least 16 years of age.
A low-speed gas bicycle
12
that is manufactured to accommodate passengers may not be
13
operated by a person under the age of 18 with a passenger
14
unless the passenger is a sibling, stepsibling, child, or
15
stepchild of the operator.
16
(a-5) A person may operate a low-speed gas bicycle upon
17
any highway, street, or roadway authorized for use by
18
bicycles, including, but not limited to, bicycle lanes.
19
(a-10) A person may operate a low-speed gas bicycle upon
20
any bicycle path unless the State agency with jurisdiction
21
prohibits the use of low-speed gas bicycles or a specific
22
class of low-speed gas bicycles on that path. The Department
23
of Natural Resources is authorized to adopt administrative
24
rules for the regulation of low-speed gas bicycles on any and
25
all properties owned, managed, or leased by the Department of
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Natural Resources.
2
Notwithstanding subsection (e), park districts, forest
3
preserve districts, conservation districts, and transit
4
districts may, by ordinance or resolution, regulate the use of
5
low-speed gas bicycles upon any bicycle path under its
6
jurisdiction.
7
(b) A person may not operate a low-speed gas bicycle at a
8
speed greater than
28
20
miles per hour upon any highway,
9
street, or roadway.
10
(c) A person may not operate a low-speed gas bicycle on a
11
sidewalk.
12
(d) Except as otherwise provided in this Section, the
13
provisions of this Article XV that apply to bicycles also
14
apply to low-speed gas bicycles.
15
(e) Except as specifically authorized in this Section, no
16
unit of local government, including a home rule unit, may
17
regulate low-speed gas bicycles. This subsection (e) is a
18
denial and limitation of home rule powers and functions under
19
subsection (h) of Section 6 of Article VII of the Illinois
20
Constitution, and is an exercise of exclusive State power
21
which may not be exercised concurrently by a home rule unit.
22
(Source: P.A. 100-209, eff. 1-1-18
.)
23
(625 ILCS 5/11-1517)
24
Sec. 11-1517.
Low-speed electric bicycles.
25
(a) Except as otherwise provided in this Section, the
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1
provisions of this Chapter that apply to bicycles also apply
2
to low-speed electric bicycles.
3
(b) Each low-speed electric bicycle operating in this
4
State shall comply with equipment and manufacturing
5
requirements adopted by the United States Consumer Product
6
Safety Commission under 16 CFR 1512. Each Class 3 low-speed
7
electric bicycle shall be equipped with a speedometer that
8
displays the speed the bicycle is traveling in miles per hour.
9
(c) Beginning on or after January 1, 2018, every
10
manufacturer and distributor of low-speed electric bicycles
11
shall apply a label that is permanently affixed to the bicycle
12
in a prominent location. The label shall contain, in Arial
13
font in at least 9-point type:
14
(1) a classification number for the bicycle that
15
corresponds with a class under Section 1-140.10 of this
16
Code;
17
(2) the bicycle's top assisted speed; and
18
(3) the bicycle's motor wattage.
19
No person shall knowingly tamper or modify the speed
20
capability or engagement of a low-speed electric bicycle
21
without replacing the label required under this subsection
22
(c).
23
(d) A Class 2 low-speed electric bicycle shall operate in
24
a manner so that the electric motor is disengaged or ceases to
25
function when the brakes are applied. A Class 1 low-speed
26
electric bicycle and a Class 3 low-speed electric bicycle
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1
shall operate in a manner so that the electric motor is
2
disengaged or ceases to function when the rider stops
3
pedaling.
4
(e) A person may operate a low-speed electric bicycle upon
5
any highway, street, or roadway authorized for use by
6
bicycles, including, but not limited to, bicycle lanes.
7
(f) A person may operate a low-speed electric bicycle upon
8
any bicycle path unless the
State agency
municipality, county,
9
or local authority
with jurisdiction prohibits the use of
10
low-speed electric bicycles or a specific class of low-speed
11
electric bicycles on that path.
The Department of Natural
12
Resources is authorized to adopt administrative rules for the
13
regulation of low-speed electric bicycles on any and all
14
properties owned, managed, or leased by the Department of
15
Natural Resources.
16
Notwithstanding subsection (i), park districts, forest
17
preserve districts, conservation districts, and transit
18
districts may, by ordinance or resolution, regulate the use of
19
low-speed electric bicycles upon any bicycle path under its
20
jurisdiction.
21
(g) A person may not operate a low-speed electric bicycle
22
on a sidewalk.
23
(h)
A person may operate a Class 1 or Class 2 low-speed
24
electric bicycle only if the person is 15 years of age or
25
older.
A person may operate a Class 3 low-speed electric
26
bicycle only if
the person
he or she
is 16 years of age or
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1
older. A person who is less than 16 years of age may ride as a
2
passenger on a Class 3 low-speed electric bicycle that is
3
designed to accommodate passengers.
A low-speed electric
4
bicycle that is manufactured to accommodate passengers may not
5
be operated by a person under the age of 18 with a passenger
6
unless the passenger is a sibling, stepsibling, child, or
7
stepchild of the operator.
8
(i) Except as specifically authorized in this Section, no
9
unit of local government, including a home rule unit, may
10
regulate low-speed electric bicycles. This subsection (i) is a
11
denial and limitation of home rule powers and functions under
12
subsection (h) of Section 6 of Article VII of the Illinois
13
Constitution, and is an exercise of exclusive State power
14
which may not be exercised concurrently by a home rule unit.
15
(Source: P.A. 100-209, eff. 1-1-18
.)
16
(625 ILCS 5/11-1518 rep.)
17
Section 10.
The Illinois Vehicle Code is amended by
18
repealing Section 11-1518.
19
Section 15.
The Micromobility Fire Safety Act is amended
20
by changing Section 10 as follows:
21
(815 ILCS 361/10)
22
Sec. 10.
Definitions.
As used in this Act:
23
"Accredited testing laboratory" means an independent
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1
third-party organization providing certification and testing
2
for micromobility products, including low-speed electric
3
bicycles and personal e-mobility devices, that has received
4
ISO/IEC 17065 or ISO/IEC 17025 accreditation from an
5
independent accreditation body that is a member of the
6
International Accreditation Forum.
7
"Electric micromobility device" has the meaning set forth
8
in Section 1-117.6 of the Illinois Vehicle Code.
9
"Electric personal assistive mobility device" has the
10
meaning set forth in Section 1-117.7 of the Illinois Vehicle
11
Code.
12
"Lithium-ion battery" or "cell" means a rechargeable
13
electrochemical cell or battery in which the positive and
14
negative electrodes are both lithium compounds constructed
15
with no metallic lithium in either electrode. "Lithium-ion
16
battery" or "cell" includes a lithium-ion polymer battery or
17
cell that uses lithium-ion chemistries.
18
"Low-speed electric scooter" has the meaning set forth in
19
Section 1-140.11 of the Illinois Vehicle Code.
20
"Moped" has the meaning set forth in Section 1-148.2 of
21
the Illinois Vehicle Code.
22
"
Motor driven
Motor-driven
cycle" has the meaning set forth
23
in Section 1-145.001 of the Illinois Vehicle Code.
24
"Off-highway motorcycle" has the meaning set forth in
25
Section 1-153.1 of the Illinois Vehicle Code.
26
"Personal e-mobility device" means a consumer mobility
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1
device, other than a low-speed electric bicycle, intended for
2
a single rider with a traction battery and electric motor or
3
drive train that propels the device, which may be
4
self-balancing and may be provided with a handle for grasping
5
while riding, a seat for the rider, or operable pedals.
6
"Personal e-mobility device" includes an electric personal
7
assistive mobility device and
electric micromobility device
8
low-speed electric scooter
. "Personal e-mobility device" also
9
includes a skateboard,
motor driven
motor-driven
cycle, moped,
10
and off-highway motorcycle, if those vehicles are propelled by
11
an electric motor.
12
"Recycling" means any process by which materials that
13
would otherwise become waste are collected, separated, or
14
processed for the purpose of returning the materials to the
15
economic mainstream in the form of raw materials for new
16
products.
17
"Traction battery" means a rechargeable lithium-ion
18
battery used to power the electric drive motor of a low-speed
19
electric
bicycle
bicycles
or personal e-mobility
device
20
devices
.
21
(Source: P.A. 104-414, eff. 1-1-26
.)
22
Section 20.
The Consumer Fraud and Deceptive Business
23
Practices Act is amended by changing Section 2Z as follows:
24
(815 ILCS 505/2Z)
(from Ch. 121 1/2, par. 262Z)
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1
Sec. 2Z.
Violations of other Acts.
Any person who
2
knowingly violates the Automotive Repair Act, the Automotive
3
Collision Repair Act, the Home Repair and Remodeling Act, the
4
Dance Studio Act, the Physical Fitness Services Act, the
5
Hearing Instrument Consumer Protection Act, the Illinois Union
6
Label Act, the Installment Sales Contract Act, the Job
7
Referral and Job Listing Services Consumer Protection Act, the
8
Travel Promotion Consumer Protection Act, the Credit Services
9
Organizations Act, the Automatic Telephone Dialers Act, the
10
Pay-Per-Call Services Consumer Protection Act, the Telephone
11
Solicitations Act, the Illinois Funeral or Burial Funds Act,
12
the Cemetery Oversight Act, the Cemetery Care Act, the Safe
13
and Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales
14
Act, the High Risk Home Loan Act, the Payday Loan Reform Act,
15
the Predatory Loan Prevention Act, the Mortgage Rescue Fraud
16
Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax
17
Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use
18
Tax Act, the Electronic Mail Act, the Internet Caller
19
Identification Act, paragraph (6) of subsection (k) of Section
20
6-305 of the Illinois Vehicle Code, Section 11-1431, 18d-115,
21
18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois
22
Vehicle Code,
subsection (i) of Section 11-1403.4 of the
23
Illinois Vehicle Code,
Article 3 of the Residential Real
24
Property Disclosure Act, the Automatic Contract Renewal Act,
25
the Reverse Mortgage Act, Section 25 of the Youth Mental
26
Health Protection Act, the Personal Information Protection
SB3484 Enrolled
- 54 -
LRB104 20544 LNS 34021 b
1
Act, or the Student Online Personal Protection Act commits an
2
unlawful practice within the meaning of this Act.
3
(Source: P.A. 100-315, eff. 8-24-17; 100-416, eff. 1-1-18;
4
100-863, eff. 8-14-18; 101-658, eff. 3-23-21.)
5
Section 99.
Effective date.
This Act takes effect January
6
1, 2027.
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