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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 3-102, 3-402, and 6-102 and by adding
6 Sections 1-140.11 and 11-1518 as follows:
7 (625 ILCS 5/1-140.11 new)
8 Sec. 1-140.11. Low-speed electric scooter. A device
9 weighing less than 100 pounds, with 2 or 3 wheels, handlebars,
10 and a floorboard that can be stood upon while riding, that is
11 solely powered by an electric motor and human power, and whose
12 maximum speed, with or without human propulsion, is no more
13 than 10 miles per hour. "Low-speed electric scooter" does not
14 include a moped or motor-driven cycle.
15 (625 ILCS 5/3-102) (from Ch. 95 1/2, par. 3-102)
16 Sec. 3-102. Exclusions. No certificate of title need be
17 obtained for:
18 1. a vehicle owned by the State of Illinois; or a
19 vehicle owned by the United States unless it is registered
20 in this State;
21 2. a vehicle owned by a manufacturer or dealer and
22 held for sale, even though incidentally moved on the
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1 highway or used for purposes of testing or demonstration,
2 provided a dealer reassignment area is still available on
3 the manufacturer's certificate of origin or the Illinois
4 title; or a vehicle used by a manufacturer solely for
5 testing;
6 3. a vehicle owned by a non-resident of this State and
7 not required by law to be registered in this State;
8 4. a motor vehicle regularly engaged in the interstate
9 transportation of persons or property for which a
10 currently effective certificate of title has been issued
11 in another State;
12 5. a vehicle moved solely by animal power;
13 6. an implement of husbandry;
14 7. special mobile equipment;
15 8. an apportionable trailer or an apportionable
16 semitrailer registered in the State prior to April 1,
17 1998;
18 9. a manufactured home for which an affidavit of
19 affixation has been recorded pursuant to the Conveyance
20 and Encumbrance of Manufactured Homes as Real Property and
21 Severance Act unless with respect to the same manufactured
22 home there has been recorded an affidavit of severance
23 pursuant to that Act; .
24 10. low-speed electric scooters.
25 (Source: P.A. 98-749, eff. 7-16-14; 99-78, eff. 7-20-15.)
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1 (625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402)
2 Sec. 3-402. Vehicles subject to registration; exceptions.
3 A. Exemptions and Policy. Every motor vehicle, trailer,
4 semitrailer and pole trailer when driven or moved upon a
5 highway shall be subject to the registration and certificate
6 of title provisions of this Chapter except:
7 (1) Any such vehicle driven or moved upon a highway in
8 conformance with the provisions of this Chapter relating
9 to manufacturers, transporters, dealers, lienholders or
10 nonresidents or under a temporary registration permit
11 issued by the Secretary of State;
12 (2) Any implement of husbandry whether of a type
13 otherwise subject to registration hereunder or not which
14 is only incidentally operated or moved upon a highway,
15 which shall include a not-for-hire movement for the
16 purpose of delivering farm commodities to a place of first
17 processing or sale, or to a place of storage;
18 (3) Any special mobile equipment as herein defined;
19 (4) Any vehicle which is propelled exclusively by
20 electric power obtained from overhead trolley wires though
21 not operated upon rails;
22 (5) Any vehicle which is equipped and used exclusively
23 as a pumper, ladder truck, rescue vehicle, searchlight
24 truck, or other fire apparatus, but not a vehicle of a type
25 which would otherwise be subject to registration as a
26 vehicle of the first division;
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1 (6) Any vehicle which is owned and operated by the
2 federal government and externally displays evidence of
3 federal ownership. It is the policy of the State of
4 Illinois to promote and encourage the fullest use of its
5 highways and to enhance the flow of commerce thus
6 contributing to the economic, agricultural, industrial and
7 social growth and development of this State, by
8 authorizing the Secretary of State to negotiate and enter
9 into reciprocal or proportional agreements or arrangements
10 with other States, or to issue declarations setting forth
11 reciprocal exemptions, benefits and privileges with
12 respect to vehicles operated interstate which are properly
13 registered in this and other States, assuring nevertheless
14 proper registration of vehicles in Illinois as may be
15 required by this Code;
16 (7) Any converter dolly or tow dolly which merely
17 serves as substitute wheels for another legally licensed
18 vehicle. A title may be issued on a voluntary basis to a
19 tow dolly upon receipt of the manufacturer's certificate
20 of origin or the bill of sale;
21 (8) Any house trailer found to be an abandoned mobile
22 home under the Abandoned Mobile Home Act;
23 (9) Any vehicle that is not properly registered or
24 does not have registration plates or digital registration
25 plates issued to the owner or operator affixed thereto, or
26 that does have registration plates or digital registration
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1 plates issued to the owner or operator affixed thereto but
2 the plates are not appropriate for the weight of the
3 vehicle, provided that this exemption shall apply only
4 while the vehicle is being transported or operated by a
5 towing service and has a third tow plate affixed to it; .
6 (10) Low-speed electric scooters.
7 B. Reciprocity. Any motor vehicle, trailer, semitrailer or
8 pole trailer need not be registered under this Code provided
9 the same is operated interstate and in accordance with the
10 following provisions and any rules and regulations promulgated
11 pursuant thereto:
12 (1) A nonresident owner, except as otherwise provided
13 in this Section, owning any foreign registered vehicle of
14 a type otherwise subject to registration hereunder, may
15 operate or permit the operation of such vehicle within
16 this State in interstate commerce without registering such
17 vehicle in, or paying any fees to, this State subject to
18 the condition that such vehicle at all times when operated
19 in this State is operated pursuant to a reciprocity
20 agreement, arrangement or declaration by this State, and
21 further subject to the condition that such vehicle at all
22 times when operated in this State is duly registered in,
23 and displays upon it, a valid registration card and
24 registration plate or plates or digital registration plate
25 or plates issued for such vehicle in the place of
26 residence of such owner and is issued and maintains in
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1 such vehicle a valid Illinois reciprocity permit as
2 required by the Secretary of State, and provided like
3 privileges are afforded to residents of this State by the
4 State of residence of such owner.
5 Every nonresident including any foreign corporation
6 carrying on business within this State and owning and
7 regularly operating in such business any motor vehicle,
8 trailer or semitrailer within this State in intrastate
9 commerce, shall be required to register each such vehicle
10 and pay the same fees therefor as is required with
11 reference to like vehicles owned by residents of this
12 State.
13 (2) Any motor vehicle, trailer, semitrailer and pole
14 trailer operated interstate need not be registered in this
15 State, provided:
16 (a) that the vehicle is properly registered in
17 another State pursuant to law or to a reciprocity
18 agreement, arrangement or declaration; or
19 (b) that such vehicle is part of a fleet of
20 vehicles owned or operated by the same person who
21 registers such fleet of vehicles pro rata among the
22 various States in which such fleet operates; or
23 (c) that such vehicle is part of a fleet of
24 vehicles, a portion of which are registered with the
25 Secretary of State of Illinois in accordance with an
26 agreement or arrangement concurred in by the Secretary
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1 of State of Illinois based on one or more of the
2 following factors: ratio of miles in Illinois as
3 against total miles in all jurisdictions; situs or
4 base of a vehicle, or where it is principally garaged,
5 or from whence it is principally dispatched or where
6 the movements of such vehicle usually originate; situs
7 of the residence of the owner or operator thereof, or
8 of his principal office or offices, or of his places of
9 business; the routes traversed and whether regular or
10 irregular routes are traversed, and the jurisdictions
11 traversed and served; and such other factors as may be
12 deemed material by the Secretary and the motor vehicle
13 administrators of the other jurisdictions involved in
14 such apportionment. Such vehicles shall maintain
15 therein any reciprocity permit which may be required
16 by the Secretary of State pursuant to rules and
17 regulations which the Secretary of State may
18 promulgate in the administration of this Code, in the
19 public interest.
20 (3)(a) In order to effectuate the purposes of this
21 Code, the Secretary of State of Illinois is empowered to
22 negotiate and execute written reciprocal agreements or
23 arrangements with the duly authorized representatives of
24 other jurisdictions, including States, districts,
25 territories and possessions of the United States, and
26 foreign states, provinces, or countries, granting to
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1 owners or operators of vehicles duly registered or
2 licensed in such other jurisdictions and for which
3 evidence of compliance is supplied, benefits, privileges
4 and exemption from the payment, wholly or partially, of
5 any taxes, fees or other charges imposed with respect to
6 the ownership or operation of such vehicles by the laws of
7 this State except the tax imposed by the Motor Fuel Tax
8 Law, approved March 25, 1929, as amended, and the tax
9 imposed by the Use Tax Act, approved July 14, 1955, as
10 amended.
11 The Secretary of State may negotiate agreements or
12 arrangements as are in the best interests of this State
13 and the residents of this State pursuant to the policies
14 expressed in this Section taking into consideration the
15 reciprocal exemptions, benefits and privileges available
16 and accruing to residents of this State and vehicles
17 registered in this State.
18 (b) Such reciprocal agreements or arrangements shall
19 provide that vehicles duly registered or licensed in this
20 State when operated upon the highways of such other
21 jurisdictions, shall receive exemptions, benefits and
22 privileges of a similar kind or to a similar degree as
23 extended to vehicles from such jurisdictions in this
24 State.
25 (c) Such agreements or arrangements may also authorize
26 the apportionment of registration or licensing of fleets
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1 of vehicles operated interstate, based on any or all of
2 the following factors: ratio of miles in Illinois as
3 against total miles in all jurisdictions; situs or base of
4 a vehicle, or where it is principally garaged or from
5 whence it is principally dispatched or where the movements
6 of such vehicle usually originate; situs of the residence
7 of the owner or operator thereof, or of his principal
8 office or offices, or of his places of business; the
9 routes traversed and whether regular or irregular routes
10 are traversed, and the jurisdictions traversed and served;
11 and such other factors as may be deemed material by the
12 Secretary and the motor vehicle administrators of the
13 other jurisdictions involved in such apportionment, and
14 such vehicles shall likewise be entitled to reciprocal
15 exemptions, benefits and privileges.
16 (d) Such agreements or arrangements shall also provide
17 that vehicles being operated in intrastate commerce in
18 Illinois shall comply with the registration and licensing
19 laws of this State, except that vehicles which are part of
20 an apportioned fleet may conduct an intrastate operation
21 incidental to their interstate operations. Any motor
22 vehicle properly registered and qualified under any
23 reciprocal agreement or arrangement under this Code and
24 not having a situs or base within Illinois may complete
25 the inbound movement of a trailer or semitrailer to an
26 Illinois destination that was brought into Illinois by a
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1 motor vehicle also properly registered and qualified under
2 this Code and not having a situs or base within Illinois,
3 or may complete an outbound movement of a trailer or
4 semitrailer to an out-of-state destination that was
5 originated in Illinois by a motor vehicle also properly
6 registered and qualified under this Code and not having a
7 situs or base in Illinois, only if the operator thereof
8 did not break bulk of the cargo laden in such inbound or
9 outbound trailer or semitrailer. Adding or unloading
10 intrastate cargo on such inbound or outbound trailer or
11 semitrailer shall be deemed as breaking bulk.
12 (e) Such agreements or arrangements may also provide
13 for the determination of the proper State in which leased
14 vehicles shall be registered based on the factors set out
15 in subsection (c) above and for apportionment of
16 registration of fleets of leased vehicles by the lessee or
17 by the lessor who leases such vehicles to persons who are
18 not fleet operators.
19 (f) Such agreements or arrangements may also include
20 reciprocal exemptions, benefits or privileges accruing
21 under The Illinois Driver Licensing Law or The Driver
22 License Compact.
23 (4) The Secretary of State is further authorized to
24 examine the laws and requirements of other jurisdictions,
25 and, in the absence of a written agreement or arrangement,
26 to issue a written declaration of the extent and nature of
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1 the exemptions, benefits and privileges accorded to
2 vehicles of this State by such other jurisdictions, and
3 the extent and nature of reciprocal exemptions, benefits
4 and privileges thereby accorded by this State to the
5 vehicles of such other jurisdictions. A declaration by the
6 Secretary of State may include any, part or all reciprocal
7 exemptions, benefits and privileges or provisions as may
8 be included within an agreement or arrangement.
9 (5) All agreements, arrangements, declarations and
10 amendments thereto, shall be in writing and become
11 effective when signed by the Secretary of State, and
12 copies of all such documents shall be available to the
13 public upon request.
14 (6) The Secretary of State is further authorized to
15 require the display by foreign registered trucks,
16 truck-tractors and buses, entitled to reciprocal benefits,
17 exemptions or privileges hereunder, a reciprocity permit
18 for external display before any such reciprocal benefits,
19 exemptions or privileges are granted. The Secretary of
20 State shall provide suitable application forms for such
21 permit and shall promulgate and publish reasonable rules
22 and regulations for the administration and enforcement of
23 the provisions of this Code including a provision for
24 revocation of such permit as to any vehicle operated
25 wilfully in violation of the terms of any reciprocal
26 agreement, arrangement or declaration or in violation of
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1 the Illinois Motor Carrier of Property Law, as amended.
2 (7)(a) Upon the suspension, revocation or denial of
3 one or more of all reciprocal benefits, privileges and
4 exemptions existing pursuant to the terms and provisions
5 of this Code or by virtue of a reciprocal agreement or
6 arrangement or declaration thereunder; or, upon the
7 suspension, revocation or denial of a reciprocity permit;
8 or, upon any action or inaction of the Secretary in the
9 administration and enforcement of the provisions of this
10 Code, any person, resident or nonresident, so aggrieved,
11 may serve upon the Secretary, a petition in writing and
12 under oath, setting forth the grievance of the petitioner,
13 the grounds and basis for the relief sought, and all
14 necessary facts and particulars, and request an
15 administrative hearing thereon. Within 20 days, the
16 Secretary shall set a hearing date as early as practical.
17 The Secretary may, in his discretion, supply forms for
18 such a petition. The Secretary may require the payment of
19 a fee of not more than $50 for the filing of any petition,
20 motion, or request for hearing conducted pursuant to this
21 Section. These fees must be deposited into the Secretary
22 of State DUI Administration Fund, a special fund that is
23 hereby created in the State treasury, and, subject to
24 appropriation and as directed by the Secretary of State,
25 shall be used to fund the operation of the hearings
26 department of the Office of the Secretary of State and for
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1 no other purpose. The Secretary shall establish by rule
2 the amount and the procedures, terms, and conditions
3 relating to these fees.
4 (b) The Secretary may likewise, in his discretion and
5 upon his own petition, order a hearing, when in his best
6 judgment, any person is not entitled to the reciprocal
7 benefits, privileges and exemptions existing pursuant to
8 the terms and provisions of this Code or under a
9 reciprocal agreement or arrangement or declaration
10 thereunder or that a vehicle owned or operated by such
11 person is improperly registered or licensed, or that an
12 Illinois resident has improperly registered or licensed a
13 vehicle in another jurisdiction for the purposes of
14 violating or avoiding the registration laws of this State.
15 (c) The Secretary shall notify a petitioner or any
16 other person involved of such a hearing, by giving at
17 least 10 days notice, in writing, by U.S. Mail, Registered
18 or Certified, or by personal service, at the last known
19 address of such petitioner or person, specifying the time
20 and place of such hearing. Such hearing shall be held
21 before the Secretary, or any person as he may designate,
22 and unless the parties mutually agree to some other county
23 in Illinois, the hearing shall be held in the County of
24 Sangamon or the County of Cook. Appropriate records of the
25 hearing shall be kept, and the Secretary shall issue or
26 cause to be issued, his decision on the case, within 30
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1 days after the close of such hearing or within 30 days
2 after receipt of the transcript thereof, and a copy shall
3 likewise be served or mailed to the petitioner or person
4 involved.
5 (d) The actions or inactions or determinations, or
6 findings and decisions upon an administrative hearing, of
7 the Secretary, shall be subject to judicial review in the
8 Circuit Court of the County of Sangamon or the County of
9 Cook, and the provisions of the Administrative Review Law,
10 and all amendments and modifications thereof and rules
11 adopted pursuant thereto, apply to and govern all such
12 reviewable matters.
13 Any reciprocal agreements or arrangements entered into
14 by the Secretary of State or any declarations issued by
15 the Secretary of State pursuant to any law in effect prior
16 to the effective date of this Code are not hereby
17 abrogated, and such shall continue in force and effect
18 until amended pursuant to the provisions of this Code or
19 expire pursuant to the terms or provisions thereof.
20 (Source: P.A. 101-395, eff. 8-16-19.)
21 (625 ILCS 5/6-102) (from Ch. 95 1/2, par. 6-102)
22 Sec. 6-102. What persons are exempt. The following persons
23 are exempt from the requirements of Section 6-101 and are not
24 required to have an Illinois drivers license or permit if one
25 or more of the following qualifying exemptions are met and
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1 apply:
2 1. Any employee of the United States Government or any
3 member of the Armed Forces of the United States, while
4 operating a motor vehicle owned by or leased to the United
5 States Government and being operated on official business
6 need not be licensed;
7 2. A nonresident who has in his immediate possession a
8 valid license issued to him in his home state or country
9 may operate a motor vehicle for which he is licensed for
10 the period during which he is in this State;
11 3. A nonresident and his spouse and children living
12 with him who is a student at a college or university in
13 Illinois who have a valid license issued by their home
14 State.
15 4. A person operating a road machine temporarily upon
16 a highway or operating a farm tractor between the home
17 farm buildings and any adjacent or nearby farm land for
18 the exclusive purpose of conducting farm operations need
19 not be licensed as a driver.
20 5. A resident of this State who has been serving as a
21 member or as a civilian employee of the Armed Forces of the
22 United States, or as a civilian employee of the United
23 States Department of Defense, outside the Continental
24 limits of the United States, for a period of 120 days
25 following his return to the continental limits of the
26 United States.
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1 6. A nonresident on active duty in the Armed Forces of
2 the United States who has a valid license issued by his
3 home state and such nonresident's spouse, and dependent
4 children and living with parents, who have a valid license
5 issued by their home state.
6 7. A nonresident who becomes a resident of this State,
7 may for a period of the first 90 days of residence in
8 Illinois operate any motor vehicle which he was qualified
9 or licensed to drive by his home state or country so long
10 as he has in his possession, a valid and current license
11 issued to him by his home state or country. Upon
12 expiration of such 90 day period, such new resident must
13 comply with the provisions of this Act and apply for an
14 Illinois license or permit.
15 8. An engineer, conductor, brakeman, or any other
16 member of the crew of a locomotive or train being operated
17 upon rails, including operation on a railroad crossing
18 over a public street, road or highway. Such person is not
19 required to display a driver's license to any law
20 enforcement officer in connection with the operation of a
21 locomotive or train within this State.
22 9. Persons operating low-speed electric scooters in
23 accordance with Section 11-1518.
24 The provisions of this Section granting exemption to any
25 nonresident shall be operative to the same extent that the
26 laws of the State or country of such nonresident grant like
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1 exemption to residents of this State.
2 The Secretary of State may implement the exemption
3 provisions of this Section by inclusion thereof in a
4 reciprocity agreement, arrangement or declaration issued
5 pursuant to this Act.
6 (Source: P.A. 99-118, eff. 1-1-16.)
7 (625 ILCS 5/11-1518 new)
8 Sec. 11-1518. Low-speed electric scooters.
9 (a) Subject to the restrictions of this Section, a
10 municipality, park district, forest preserve district, or
11 conservation district may authorize and regulate the operation
12 of low-speed electric scooters within the unit of local
13 government on any or all highways under their respective
14 jurisdiction, sidewalks, trails, or other public right-of-way
15 where the operation of bicycles is permitted. The use of
16 low-speed electric scooters within any municipality, park
17 district, forest preserve district, or conservation district
18 is allowed only if authorized by the municipality, park
19 district, forest preserve district, or conservation district
20 under this Section. Any authorization or regulation by a park
21 district, forest preserve district, or conservation district
22 applies only on property owned, managed, or leased by the park
23 district, forest preserve district, or conservation district.
24 (a-5) Subject to the restrictions of this Section, the
25 Department of Natural Resources may authorize and regulate the
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1 operation of low-speed electric scooters on any or all
2 properties owned, managed, or leased by the Department of
3 Natural Resources including, but not limited to, sidewalks,
4 trails, or other public rights-of-way where the operation of
5 bicycles is permitted. The use of low-speed electric scooters
6 within any property that is owned, managed, or leased by the
7 Department of Natural Resources is allowed only if authorized
8 by the Department of Natural Resources. The Department of
9 Natural Resources is authorized to adopt administrative rules
10 for the regulation of low-speed electric scooters on any and
11 all properties owned, managed, or leased by the Department of
12 Natural Resources.
13 (b) A person may not operate a low-speed electric scooter
14 on a highway with a posted speed limit in excess of 35 mph.
15 (c) A person may not operate a low-speed electric scooter
16 unless he or she is 18 years of age or older.
17 (d) A low-speed electric scooter may be parked in the same
18 manner and at the same locations as a bicycle may be parked.
19 (e) Every low-speed electric scooter when in use at
20 nighttime shall be equipped with a lamp on the front that emits
21 a white light visible from a distance of at least 500 feet to
22 the front and with a red reflector on the rear that is visible
23 from all distances from 100 feet to 600 feet to the rear when
24 directly in front of lawful lower beams of headlamps on a motor
25 vehicle, except that a lamp emitting a steady or flashing red
26 light visible from a distance of 500 feet to the rear may be
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1 used in addition to or instead of the red reflector.
2 (f) A low-speed electric scooter shall not be equipped
3 with nor shall any person use upon a low-speed electric
4 scooter any siren. This subsection does not apply to a
5 low-speed electric scooter that is a police vehicle or fire
6 department vehicle.
7 (g) Every low-speed electric scooter shall be equipped
8 with a brake that will adequately control movement of and stop
9 and hold the low-speed electric scooter.
10 (h) A person may not operate a low-speed electric scooter
11 while carrying any package, bundle, or article that prevents
12 the operator from keeping at least one hand upon the
13 handlebars.
14 (i) A person may not use a low-speed electric scooter to
15 carry more than one person at a time. A person operating a
16 low-speed electric scooter may not attach himself or herself
17 or the scooter to any other vehicle being operated on the
18 public right-of-way.
19 (j) A person may not operate a low-speed electric scooter
20 upon any public highway in the State while under the influence
21 of alcohol or any drug.
22 (k) The use of low-speed electric scooters is not
23 permitted on State highways.
24 (l) Every low-speed electric scooter shall be
25 well-maintained and in good operating condition.
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1 Section 95. No acceleration or delay. Where this Act makes
2 changes in a statute that is represented in this Act by text
3 that is not yet or no longer in effect (for example, a Section
4 represented by multiple versions), the use of that text does
5 not accelerate or delay the taking effect of (i) the changes
6 made by this Act or (ii) provisions derived from any other
7 Public Act.
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