SB 3336 — LOW-SPEED ELECTRIC BICYCLE

A bicycle with operable pedals and an electric motor.

(625 ILCS 5/1-125.11 new) Sec.

1-125.11.

High-speed electric scooter.

A device with 2 or 3 wheels, handlebars, and a floorboard that can be stood upon while riding, that is solely powered by an electric motor and human power, and whose maximum speed, with or without human propulsion, is more than 15 miles per hour.

"High-speed electric scooter" does not include a moped or motor driven cycle.

(625 ILCS 5/1-140.10) Sec.

1-140.10.

Low-speed electric bicycle.

A bicycle equipped with fully operable pedals and an electric motor of SB3336 Engrossed - 4 - LRB104 20522 LNS 33996 b less than 750 watts that meets the requirements of one of the following classes:

(a) "Class 1 low-speed electric bicycle" means a low-speed electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour.

(b) "Class 2 low-speed electric bicycle" means a low-speed electric bicycle equipped with a motor that may be used exclusively to propel the bicycle and that is not capable of providing assistance when the bicycle reaches a speed of 20 miles per hour.

(c) "Class 3 low-speed electric bicycle" means a low-speed electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of 28 miles per hour.

A "low-speed electric bicycle" is not a moped or a motor driven cycle.

Any electric bicycle that is not a low-speed electric bicycle shall be considered a motor driven cycle for purposes of this Code.

(Source:

P.A.

100-209, eff.

1-1-18.) (625 ILCS 5/1-140.11) Sec.

1-140.11.

Low-speed electric scooter.

A device weighing less than 100 pounds, with 2 or 3 wheels, handlebars, SB3336 Engrossed - 5 - LRB104 20522 LNS 33996 b and a floorboard that can be stood upon while riding, that is solely powered by an electric motor and human power, and whose maximum speed, with or without human propulsion, is no more than 15 10 miles per hour.

"Low-speed electric scooter" does not include a moped or motor-driven cycle.

(Source:

P.A.

103-899, eff.

8-9-24.) (625 ILCS 5/1-140.15) Sec.

1-140.15.

Low-speed gas bicycle.

A 2-wheeled or 3-wheeled device with fully operable pedals and a gasoline motor of less than one horsepower or 15 cubic centimeter displacement that is operated at speeds of less than 28 20 miles per hour.

Any gas-powered bicycle that is not a low-speed gas bicycle shall be considered a motor driven cycle for purposes of this Code.

(Source:

P.A.

103-706, eff.

1-1-25.) (625 ILCS 5/1-145.001) (from Ch.

95 1/2, par.

1-148) Sec.

1-145.001.

Motor driven cycle.

Every motorcycle, moped, and every motor scooter with an internal combustion engine of less than 150 cubic centimeter piston displacement, or an electric motor with a nominal power rating of greater than 750 watts but less than or equal to 8,000 watts, including motorized pedalcycles and every electric bicycle or gas-powered bicycle that is not a low-speed electric bicycle or low-speed gas bicycle.

SB3336 Engrossed - 6 - LRB104 20522 LNS 33996 b (Source:

P.A.

90-89, eff.

1-1-98.) (625 ILCS 5/1-146) (from Ch.

95 1/2, par.

1-146) Sec.

1-146.

Motor vehicle.

Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except for vehicles moved solely by human power, motorized wheelchairs, low-speed electric bicycles, and low-speed gas bicycles.

For this Code Act, motor vehicles are divided into two divisions:

First Division:

Those motor vehicles which are designed for the carrying of not more than 10 persons.

Second Division:

Those motor vehicles which are designed for carrying more than 10 persons, those motor vehicles designed or used for living quarters, those motor vehicles which are designed for pulling or carrying freight, cargo or implements of husbandry, and those motor vehicles of the First Division remodelled for use and used as motor vehicles of the Second Division.

(Source:

P.A.

96-125, eff.

1-1-10.) (625 ILCS 5/1-158) (from Ch.

95 1/2, par.

1-158) Sec.

1-158.

Pedestrian.

Any person afoot or wearing in-line speed skates or riding a non-motorized skateboard or operating a toy vehicle, including a person with a physical, hearing, or visual disability.

SB3336 Engrossed - 7 - LRB104 20522 LNS 33996 b (Source:

P.A.

103-706, eff.

1-1-25.) (625 ILCS 5/1-205.5 new) Sec.

1-205.5.

Toy vehicle.

Any battery powered ride-on toy that (i) is designed to not exceed 10 miles per hour, (ii) includes any number of wheels or handlebars or a steering wheel, and a seat or platform, and (iii) is designed for children under 8 years of age, including, but not limited to, products marketed under the brand names of "Razor" or "Power Wheels" and other similar products.

(625 ILCS 5/1-213.7 new) Sec.

1-213.7.

Unicycle.

Every human-powered device with one wheel and operable pedals and a designated seat for the transportation of one person.

Except as may otherwise be provided in this Code and to the extent practicable, the provisions of Article XV of Chapter 11 that apply to bicycles shall also apply to unicycles.

(625 ILCS 5/3-101) (from Ch.

95 1/2, par.

3-101) Sec.

3-101.

Certificate of title required.

(a) Except as provided in Section 3-102, every owner of a vehicle which is in this State and for which no Illinois certificate of title has been issued by the Secretary of State shall make application to the Secretary of State for an Illinois certificate of title of the vehicle.

Except as SB3336 Engrossed - 8 - LRB104 20522 LNS 33996 b provided in Section 3-102, every owner of a vehicle, excluding vehicles acquired by insurance companies through a settlement of an insurance claim or by lienholders taking title through repossession, that is in this State for which no Illinois certificate of title has been issued by the Secretary of State and every owner of a vehicle that is in the State applying for a duplicate certificate of title or a corrected certificate of title, including a dealer lien release certificate of title, must make application to the Secretary of State for an Illinois duplicate certificate of title or corrected certificate of title.

A certificate of title issued to any owner of a vehicle, excluding vehicles acquired by insurance companies through a settlement of an insurance claim or by lienholders taking title through repossession, in this State showing an Illinois address for the owner that has been issued by an entity other than the Secretary of State must be converted to an Illinois title before the owner can transfer ownership of the vehicle.

Under no circumstances shall a dealer required to obtain an Illinois certificate of title pursuant to this Code be allowed to obtain an out-of-state certificate of title for purposes of a vehicle held for sale in this State by the dealer.

Under no circumstances shall a dealer be allowed to obtain an out-of-state certificate of title in lieu of an Illinois-issued dealer lien release certificate of title when a dealer may have need of such title issuance.

Nothing in this SB3336 Engrossed - 9 - LRB104 20522 LNS 33996 b Section shall be construed so as to allow a dealer to acquire an out-of-state certificate of title in lieu of acquiring an Illinois certificate of title for purposes of a vehicle held for sale in this State by the dealer.

(b) Every owner of a motorcycle or motor driven cycle purchased new on and after January 1, 1980 shall make application to the Secretary of State for a certificate of title.

However, if such cycle is not properly manufactured or equipped for general highway use pursuant to the provisions of this Act, it shall not be eligible for license registration, but shall be issued a distinctive certificate of title except as provided in Sections 3-102 and 3-110 of this Act.

(b-5) Every owner of (i) a motor driven cycle that is powered by an electric motor with a nominal power rating of greater than 750 watts but less than or equal to 8,000 watts or (ii) a gas-powered bicycle capable of operating at speeds greater than 28 miles per hour, purchased new on and after January 1, 2027, shall make application to the Secretary of State for a certificate of title, as long as such motor driven cycle or gas-powered bicycle has a vehicle identification number with which it is associated before a certificate of title may be issued.

However, if such motor driven cycle or gas-powered bicycle is not properly manufactured or equipped for general highway use under this Code, it shall not be eligible for registration, but shall be issued a distinctive certificate of title except as provided in Sections 3-102 and SB3336 Engrossed - 10 - LRB104 20522 LNS 33996 b 3-110.

(c) The Secretary of State shall not register or renew the registration of a vehicle unless a certificate of title has been issued by the Secretary of State to the owner or an application therefor has been delivered by the owner to the Secretary of State.

(d) Every owner of an all-terrain vehicle or off-highway motorcycle purchased on or after January 1, 1998 shall make application to the Secretary of State for a certificate of title.

(e) Every owner of a low-speed vehicle manufactured after January 1, 2010 shall make application to the Secretary of State for a certificate of title.

(Source:

P.A.

103-891, eff.

8-9-24.) (625 ILCS 5/3-102) (from Ch.

95 1/2, par.

3-102) Sec.

3-102.

Exclusions.

No certificate of title need be obtained for:

1.

a vehicle owned by the State of Illinois;

or a vehicle owned by the United States unless it is registered in this State;

2.

a vehicle owned by a manufacturer or dealer and held for sale, even though incidentally moved on the highway or used for purposes of testing or demonstration, provided a dealer reassignment area is still available on the manufacturer's certificate of origin or the Illinois SB3336 Engrossed - 11 - LRB104 20522 LNS 33996 b title;

or a vehicle used by a manufacturer solely for testing;

3.

a vehicle owned by a non-resident of this State and not required by law to be registered in this State;

4.

a motor vehicle regularly engaged in the interstate transportation of persons or property for which a currently effective certificate of title has been issued in another State;

5.

a vehicle moved solely by animal power;

6.

an implement of husbandry;

7.

special mobile equipment;

8.

an apportionable trailer or an apportionable semitrailer registered in the State prior to April 1, 1998;

9.

a manufactured home for which an affidavit of affixation has been recorded pursuant to the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act unless with respect to the same manufactured home there has been recorded an affidavit of severance pursuant to that Act;

10.

(blank);

low-speed electric scooters.

11.

electric micromobility devices.

(Source:

P.A.

103-899, eff.

8-9-24.) (625 ILCS 5/3-402) (from Ch.

95 1/2, par.

3-402) Sec.

3-402.

Vehicles subject to registration;

exceptions.

SB3336 Engrossed - 12 - LRB104 20522 LNS 33996 b A.

Exemptions and Policy.

Every motor vehicle, trailer, semitrailer and pole trailer when driven or moved upon a highway shall be subject to the registration and certificate of title provisions of this Chapter except:

(1) Any such vehicle driven or moved upon a highway in conformance with the provisions of this Chapter relating to manufacturers, transporters, dealers, lienholders or nonresidents or under a temporary registration permit issued by the Secretary of State;

(2) Any implement of husbandry whether of a type otherwise subject to registration hereunder or not which is only incidentally operated or moved upon a highway, which shall include a not-for-hire movement for the purpose of delivering farm commodities to a place of first processing or sale, or to a place of storage;

(3) Any special mobile equipment as herein defined;

(4) Any vehicle which is propelled exclusively by electric power obtained from overhead trolley wires though not operated upon rails;

(5) Any vehicle which is equipped and used exclusively as a pumper, ladder truck, rescue vehicle, searchlight truck, or other fire apparatus, but not a vehicle of a type which would otherwise be subject to registration as a vehicle of the first division;

(6) Any vehicle which is owned and operated by the federal government and externally displays evidence of SB3336 Engrossed - 13 - LRB104 20522 LNS 33996 b federal ownership.

It is the policy of the State of Illinois to promote and encourage the fullest use of its highways and to enhance the flow of commerce thus contributing to the economic, agricultural, industrial and social growth and development of this State, by authorizing the Secretary of State to negotiate and enter into reciprocal or proportional agreements or arrangements with other States, or to issue declarations setting forth reciprocal exemptions, benefits and privileges with respect to vehicles operated interstate which are properly registered in this and other States, assuring nevertheless proper registration of vehicles in Illinois as may be required by this Code;

(7) Any converter dolly or tow dolly which merely serves as substitute wheels for another legally licensed vehicle.

A title may be issued on a voluntary basis to a tow dolly upon receipt of the manufacturer's certificate of origin or the bill of sale;

(8) Any house trailer found to be an abandoned mobile home under the Abandoned Mobile Home Act;

(9) Any vehicle that is not properly registered or does not have registration plates or digital registration plates issued to the owner or operator affixed thereto, or that does have registration plates or digital registration plates issued to the owner or operator affixed thereto but the plates are not appropriate for the weight of the SB3336 Engrossed - 14 - LRB104 20522 LNS 33996 b vehicle, provided that this exemption shall apply only while the vehicle is being transported or operated by a towing service and has a third tow plate affixed to it;

(10) (blank);

Low-speed electric scooters.

(11) electric micromobility devices.

B.

Reciprocity.

Any motor vehicle, trailer, semitrailer or pole trailer need not be registered under this Code provided the same is operated interstate and in accordance with the following provisions and any rules and regulations promulgated pursuant thereto:

(1) A nonresident owner, except as otherwise provided in this Section, owning any foreign registered vehicle of a type otherwise subject to registration hereunder, may operate or permit the operation of such vehicle within this State in interstate commerce without registering such vehicle in, or paying any fees to, this State subject to the condition that such vehicle at all times when operated in this State is operated pursuant to a reciprocity agreement, arrangement or declaration by this State, and further subject to the condition that such vehicle at all times when operated in this State is duly registered in, and displays upon it, a valid registration card and registration plate or plates or digital registration plate or plates issued for such vehicle in the place of residence of such owner and is issued and maintains in such vehicle a valid Illinois reciprocity permit as SB3336 Engrossed - 15 - LRB104 20522 LNS 33996 b required by the Secretary of State, and provided like privileges are afforded to residents of this State by the State of residence of such owner.

Every nonresident including any foreign corporation carrying on business within this State and owning and regularly operating in such business any motor vehicle, trailer or semitrailer within this State in intrastate commerce, shall be required to register each such vehicle and pay the same fees therefor as is required with reference to like vehicles owned by residents of this State.

(2) Any motor vehicle, trailer, semitrailer and pole trailer operated interstate need not be registered in this State, provided:

(a) that the vehicle is properly registered in another State pursuant to law or to a reciprocity agreement, arrangement or declaration;

or (b) that such vehicle is part of a fleet of vehicles owned or operated by the same person who registers such fleet of vehicles pro rata among the various States in which such fleet operates;

or (c) that such vehicle is part of a fleet of vehicles, a portion of which are registered with the Secretary of State of Illinois in accordance with an agreement or arrangement concurred in by the Secretary of State of Illinois based on one or more of the SB3336 Engrossed - 16 - LRB104 20522 LNS 33996 b following factors:

ratio of miles in Illinois as against total miles in all jurisdictions;

situs or base of a vehicle, or where it is principally garaged, or from whence it is principally dispatched or where the movements of such vehicle usually originate;

situs of the residence of the owner or operator thereof, or of his principal office or offices, or of his places of business;

the routes traversed and whether regular or irregular routes are traversed, and the jurisdictions traversed and served;

and such other factors as may be deemed material by the Secretary and the motor vehicle administrators of the other jurisdictions involved in such apportionment.

Such vehicles shall maintain therein any reciprocity permit which may be required by the Secretary of State pursuant to rules and regulations which the Secretary of State may promulgate in the administration of this Code, in the public interest.

(3)(a) In order to effectuate the purposes of this Code, the Secretary of State of Illinois is empowered to negotiate and execute written reciprocal agreements or arrangements with the duly authorized representatives of other jurisdictions, including States, districts, territories and possessions of the United States, and foreign states, provinces, or countries, granting to owners or operators of vehicles duly registered or SB3336 Engrossed - 17 - LRB104 20522 LNS 33996 b licensed in such other jurisdictions and for which evidence of compliance is supplied, benefits, privileges and exemption from the payment, wholly or partially, of any taxes, fees or other charges imposed with respect to the ownership or operation of such vehicles by the laws of this State except the tax imposed by the Motor Fuel Tax Law, approved March 25, 1929, as amended, and the tax imposed by the Use Tax Act, approved July 14, 1955, as amended.

The Secretary of State may negotiate agreements or arrangements as are in the best interests of this State and the residents of this State pursuant to the policies expressed in this Section taking into consideration the reciprocal exemptions, benefits and privileges available and accruing to residents of this State and vehicles registered in this State.

(b) Such reciprocal agreements or arrangements shall provide that vehicles duly registered or licensed in this State when operated upon the highways of such other jurisdictions, shall receive exemptions, benefits and privileges of a similar kind or to a similar degree as extended to vehicles from such jurisdictions in this State.

(c) Such agreements or arrangements may also authorize the apportionment of registration or licensing of fleets of vehicles operated interstate, based on any or all of SB3336 Engrossed - 18 - LRB104 20522 LNS 33996 b the following factors:

ratio of miles in Illinois as against total miles in all jurisdictions;

situs or base of a vehicle, or where it is principally garaged or from whence it is principally dispatched or where the movements of such vehicle usually originate;

situs of the residence of the owner or operator thereof, or of his principal office or offices, or of his places of business;

the routes traversed and whether regular or irregular routes are traversed, and the jurisdictions traversed and served;

and such other factors as may be deemed material by the Secretary and the motor vehicle administrators of the other jurisdictions involved in such apportionment, and such vehicles shall likewise be entitled to reciprocal exemptions, benefits and privileges.

(d) Such agreements or arrangements shall also provide that vehicles being operated in intrastate commerce in Illinois shall comply with the registration and licensing laws of this State, except that vehicles which are part of an apportioned fleet may conduct an intrastate operation incidental to their interstate operations.

Any motor vehicle properly registered and qualified under any reciprocal agreement or arrangement under this Code and not having a situs or base within Illinois may complete the inbound movement of a trailer or semitrailer to an Illinois destination that was brought into Illinois by a motor vehicle also properly registered and qualified under SB3336 Engrossed - 19 - LRB104 20522 LNS 33996 b this Code and not having a situs or base within Illinois, or may complete an outbound movement of a trailer or semitrailer to an out-of-state destination that was originated in Illinois by a motor vehicle also properly registered and qualified under this Code and not having a situs or base in Illinois, only if the operator thereof did not break bulk of the cargo laden in such inbound or outbound trailer or semitrailer.

Adding or unloading intrastate cargo on such inbound or outbound trailer or semitrailer shall be deemed as breaking bulk.

(e) Such agreements or arrangements may also provide for the determination of the proper State in which leased vehicles shall be registered based on the factors set out in subsection (c) above and for apportionment of registration of fleets of leased vehicles by the lessee or by the lessor who leases such vehicles to persons who are not fleet operators.

(f) Such agreements or arrangements may also include reciprocal exemptions, benefits or privileges accruing under The Illinois Driver Licensing Law or The Driver License Compact.

(4) The Secretary of State is further authorized to examine the laws and requirements of other jurisdictions, and, in the absence of a written agreement or arrangement, to issue a written declaration of the extent and nature of the exemptions, benefits and privileges accorded to SB3336 Engrossed - 20 - LRB104 20522 LNS 33996 b vehicles of this State by such other jurisdictions, and the extent and nature of reciprocal exemptions, benefits and privileges thereby accorded by this State to the vehicles of such other jurisdictions.

A declaration by the Secretary of State may include any, part or all reciprocal exemptions, benefits and privileges or provisions as may be included within an agreement or arrangement.

(5) All agreements, arrangements, declarations and amendments thereto, shall be in writing and become effective when signed by the Secretary of State, and copies of all such documents shall be available to the public upon request.

(6) The Secretary of State is further authorized to require the display by foreign registered trucks, truck-tractors and buses, entitled to reciprocal benefits, exemptions or privileges hereunder, a reciprocity permit for external display before any such reciprocal benefits, exemptions or privileges are granted.

The Secretary of State shall provide suitable application forms for such permit and shall promulgate and publish reasonable rules and regulations for the administration and enforcement of the provisions of this Code including a provision for revocation of such permit as to any vehicle operated wilfully in violation of the terms of any reciprocal agreement, arrangement or declaration or in violation of the Illinois Motor Carrier of Property Law, as amended.

SB3336 Engrossed - 21 - LRB104 20522 LNS 33996 b (7)(a) Upon the suspension, revocation or denial of one or more of all reciprocal benefits, privileges and exemptions existing pursuant to the terms and provisions of this Code or by virtue of a reciprocal agreement or arrangement or declaration thereunder;

or, upon the suspension, revocation or denial of a reciprocity permit;

or, upon any action or inaction of the Secretary in the administration and enforcement of the provisions of this Code, any person, resident or nonresident, so aggrieved, may serve upon the Secretary, a petition in writing and under oath, setting forth the grievance of the petitioner, the grounds and basis for the relief sought, and all necessary facts and particulars, and request an administrative hearing thereon.

Within 20 days, the Secretary shall set a hearing date as early as practical.

The Secretary may, in his discretion, supply forms for such a petition.

The Secretary may require the payment of a fee of not more than $50 for the filing of any petition, motion, or request for hearing conducted pursuant to this Section.

These fees must be deposited into the Secretary of State DUI Administration Fund, a special fund that is hereby created in the State treasury, and, subject to appropriation and as directed by the Secretary of State, shall be used to fund the operation of the hearings department of the Office of the Secretary of State and for no other purpose.

The Secretary shall establish by rule SB3336 Engrossed - 22 - LRB104 20522 LNS 33996 b the amount and the procedures, terms, and conditions relating to these fees.

(b) The Secretary may likewise, in his discretion and upon his own petition, order a hearing, when in his best judgment, any person is not entitled to the reciprocal benefits, privileges and exemptions existing pursuant to the terms and provisions of this Code or under a reciprocal agreement or arrangement or declaration thereunder or that a vehicle owned or operated by such person is improperly registered or licensed, or that an Illinois resident has improperly registered or licensed a vehicle in another jurisdiction for the purposes of violating or avoiding the registration laws of this State.

(c) The Secretary shall notify a petitioner or any other person involved of such a hearing, by giving at least 10 days notice, in writing, by U.S.

Mail, Registered or Certified, or by personal service, at the last known address of such petitioner or person, specifying the time and place of such hearing.

Such hearing shall be held before the Secretary, or any person as he may designate, and unless the parties mutually agree to some other county in Illinois, the hearing shall be held in the County of Sangamon or the County of Cook.

Appropriate records of the hearing shall be kept, and the Secretary shall issue or cause to be issued, his decision on the case, within 30 days after the close of such hearing or within 30 days SB3336 Engrossed - 23 - LRB104 20522 LNS 33996 b after receipt of the transcript thereof, and a copy shall likewise be served or mailed to the petitioner or person involved.

(d) The actions or inactions or determinations, or findings and decisions upon an administrative hearing, of the Secretary, shall be subject to judicial review in the Circuit Court of the County of Sangamon or the County of Cook, and the provisions of the Administrative Review Law, and all amendments and modifications thereof and rules adopted pursuant thereto, apply to and govern all such reviewable matters.

Any reciprocal agreements or arrangements entered into by the Secretary of State or any declarations issued by the Secretary of State pursuant to any law in effect prior to the effective date of this Code are not hereby abrogated, and such shall continue in force and effect until amended pursuant to the provisions of this Code or expire pursuant to the terms or provisions thereof.

C.

Vehicles purchased out-of-state.

A resident of this State who purchases a vehicle in another state and transports the vehicle to Illinois shall apply for registration and certificate of title as soon as practicable, but in no event more than 45 days after the purchase of the vehicle.

If an Illinois motorist who purchased a vehicle from an out-of-state licensed dealer is unable to meet the 45-day deadline due to a delay in paperwork from the seller, that motorist may obtain SB3336 Engrossed - 24 - LRB104 20522 LNS 33996 b an Illinois temporary registration plate with:

(i) proof of purchase;

(ii) proof of meeting the Illinois driver's license or identification card requirement;

and (iii) proof that Illinois title and registration fees have been paid.

If fees have not been paid, the motorist may pay the fees in order to obtain the temporary registration plate.

The owner of such a vehicle shall display any temporary permit or registration issued in accordance with Section 3-407.

(Source:

P.A.

103-209, eff.

1-1-24;

103-899, eff.

8-9-24;

104-417, eff.

8-15-25.) (625 ILCS 5/6-102) (from Ch.

95 1/2, par.

6-102) Sec.

6-102.

What persons are exempt.

The following persons are exempt from the requirements of Section 6-101 and are not required to have an Illinois drivers license or permit if one or more of the following qualifying exemptions are met and apply:

1.

Any employee of the United States Government or any member of the Armed Forces of the United States, while operating a motor vehicle owned by or leased to the United States Government and being operated on official business need not be licensed;

2.

A nonresident who has in his immediate possession a valid license issued to him in his home state or country may operate a motor vehicle for which he is licensed for the period during which he is in this State;

SB3336 Engrossed - 25 - LRB104 20522 LNS 33996 b 3.

A nonresident and his spouse and children living with him who is a student at a college or university in Illinois who have a valid license issued by their home State.

4.

A person operating a road machine temporarily upon a highway or operating a farm tractor between the home farm buildings and any adjacent or nearby farm land for the exclusive purpose of conducting farm operations need not be licensed as a driver.

5.

A resident of this State who has been serving as a member or as a civilian employee of the Armed Forces of the United States, or as a civilian employee of the United States Department of Defense, outside the Continental limits of the United States, for a period of 120 days following his return to the continental limits of the United States.

6.

A nonresident on active duty in the Armed Forces of the United States who has a valid license issued by his home state and such nonresident's spouse, and dependent children and living with parents, who have a valid license issued by their home state.

7.

A nonresident who becomes a resident of this State, may for a period of the first 90 days of residence in Illinois operate any motor vehicle which he was qualified or licensed to drive by his home state or country so long as he has in his possession, a valid and current license SB3336 Engrossed - 26 - LRB104 20522 LNS 33996 b issued to him by his home state or country.

Upon expiration of such 90 day period, such new resident must comply with the provisions of this Act and apply for an Illinois license or permit.

8.

An engineer, conductor, brakeman, or any other member of the crew of a locomotive or train being operated upon rails, including operation on a railroad crossing over a public street, road or highway.

Such person is not required to display a driver's license to any law enforcement officer in connection with the operation of a locomotive or train within this State.

9.

(Blank).

Persons operating low-speed electric scooters in accordance with Section 11-1518.

10.

Persons operating an electric micromobility device.

The provisions of this Section granting exemption to any nonresident shall be operative to the same extent that the laws of the State or country of such nonresident grant like exemption to residents of this State.

The Secretary of State may implement the exemption provisions of this Section by inclusion thereof in a reciprocity agreement, arrangement or declaration issued pursuant to this Act.

(Source:

P.A.

103-899, eff.

8-9-24.) (625 ILCS 5/7-601) (from Ch.

95 1/2, par.

7-601) SB3336 Engrossed - 27 - LRB104 20522 LNS 33996 b Sec.

7-601.

Required liability insurance policy.

(a) No person shall operate, register or maintain registration of, and no owner shall permit another person to operate, register or maintain registration of, a motor vehicle designed to be used on a public highway in this State unless the motor vehicle is covered by a liability insurance policy.

The insurance policy shall be issued in amounts no less than the minimum amounts set for bodily injury or death and for destruction of property under Section 7-203 of this Code, and shall be issued in accordance with the requirements of Sections 143a and 143a-2 of the Illinois Insurance Code, as amended.

No insurer other than an insurer authorized to do business in this State shall issue a policy pursuant to this Section for any vehicle subject to registration under this Code.

Nothing herein shall deprive an insurer of any policy defense available at common law.

(b) The following vehicles are exempt from the requirements of this Section:

(1) vehicles subject to the provisions of Chapters 8 or 18a, Article III or Section 7-609 of Chapter 7, or Sections 12-606 or 12-707.01 of Chapter 12 of this Code;

(2) vehicles required to file proof of liability insurance with the Illinois Commerce Commission;

(3) vehicles covered by a certificate of self-insurance under Section 7-502 of this Code;

(4) vehicles owned by the United States, the State of SB3336 Engrossed - 28 - LRB104 20522 LNS 33996 b Illinois, or any political subdivision, municipality or local mass transit district;

(5) implements of husbandry;

(6) other vehicles complying with laws which require them to be insured in amounts meeting or exceeding the minimum amounts required under this Section;

and (7) inoperable or stored vehicles that are not operated, as defined by rules and regulations of the Secretary;

and .

(8) electric micromobility devices.

(c) Every employee of a State agency, as that term is defined in the Illinois State Auditing Act, who is assigned a specific vehicle owned or leased by the State on an ongoing basis shall provide the certification described in this Section annually to the director or chief executive officer of his or her agency.

The certification shall affirm that the employee is duly licensed to drive the assigned vehicle and that (i) the employee has liability insurance coverage extending to the employee when the assigned vehicle is used for other than official State business, or (ii) the employee has filed a bond with the Secretary of State as proof of financial responsibility, in an amount equal to, or in excess of the requirements stated within this Section.

Upon request of the agency director or chief executive officer, the employee shall present evidence to support the certification.

SB3336 Engrossed - 29 - LRB104 20522 LNS 33996 b The certification shall be provided during the period July 1 through July 31 of each calendar year, or within 30 days of any new assignment of a vehicle on an ongoing basis, whichever is later.

The employee's authorization to use the assigned vehicle shall automatically be rescinded upon:

(1) the revocation or suspension of the license required to drive the assigned vehicle;

(2) the cancellation or termination for any reason of the automobile liability insurance coverage as required in item (c)(i);

or (3) the termination of the bond filed with the Secretary of State.

All State employees providing the required certification shall immediately notify the agency director or chief executive officer in the event any of these actions occur.

All peace officers employed by a State agency who are primarily responsible for prevention and detection of crime and the enforcement of the criminal, traffic, or highway laws of this State, and prohibited by agency rule or policy to use an assigned vehicle owned or leased by the State for regular personal or off-duty use, are exempt from the requirements of this Section.

(d) No person shall operate a motor vehicle registered in another state upon the highways of this State unless the vehicle is covered by a liability insurance policy.

The SB3336 Engrossed - 30 - LRB104 20522 LNS 33996 b operator of the vehicle shall carry within the vehicle evidence of the insurance.

(Source:

P.A.

100-202, eff.

1-1-18;

100-828, eff.

1-1-19.) (625 ILCS 5/11-208) (from Ch.

95 1/2, par.

11-208) Sec.

11-208.

Powers of local authorities.

(a) The provisions of this Code shall not be deemed to prevent local authorities with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power from:

1.

Regulating the standing or parking of vehicles, except as limited by Sections 11-1306 and 11-1307 of this Act;

2.

Regulating traffic by means of police officers or traffic control signals;

3.

Regulating or prohibiting processions or assemblages on the highways;

and certifying persons to control traffic for processions or assemblages;

4.

Designating particular highways as one-way highways and requiring that all vehicles thereon be moved in one specific direction;

5.

Regulating the speed of vehicles in public parks subject to the limitations set forth in Section 11-604;

6.

Designating any highway as a through highway, as authorized in Section 11-302, and requiring that all vehicles stop before entering or crossing the same or SB3336 Engrossed - 31 - LRB104 20522 LNS 33996 b designating any intersection as a stop intersection or a yield right-of-way intersection and requiring all vehicles to stop or yield the right-of-way at one or more entrances to such intersections;

7.

Restricting the use of highways as authorized in Chapter 15;

8.

Regulating the operation of mobile carrying devices and , bicycles, low-speed electric bicycles, and low-speed gas bicycles, and requiring the registration and licensing of same, including the requirement of a registration fee;

9.

Regulating or prohibiting the turning of vehicles or specified types of vehicles at intersections;

10.

Altering the speed limits as authorized in Section 11-604;

11.

Prohibiting U-turns;

12.

Prohibiting pedestrian crossings at other than designated and marked crosswalks or at intersections;

13.

Prohibiting parking during snow removal operation;

14.

Imposing fines in accordance with Section 11-1301.3 as penalties for use of any parking place reserved for persons with disabilities, as defined by Section 1-159.1, or veterans with disabilities by any person using a motor vehicle not bearing registration plates specified in Section 11-1301.1 or a special decal or device as defined in Section 11-1301.2 as evidence that the vehicle is operated by or for a person with SB3336 Engrossed - 32 - LRB104 20522 LNS 33996 b disabilities or a veteran with a disability;

15.

Adopting such other traffic regulations as are specifically authorized by this Code;

or 16.

Enforcing the provisions of subsection (f) of Section 3-413 of this Code or a similar local ordinance.

(b) No ordinance or regulation enacted under paragraph 1, 4, 5, 6, 7, 9, 10, 11 or 13 of subsection (a) shall be effective until signs giving reasonable notice of such local traffic regulations are posted.

(c) The provisions of this Code shall not prevent any municipality having a population of 500,000 or more inhabitants from prohibiting any person from driving or operating any motor vehicle upon the roadways of such municipality with headlamps on high beam or bright.

(d) The provisions of this Code shall not be deemed to prevent local authorities within the reasonable exercise of their police power from prohibiting, on private property, the unauthorized use of parking spaces reserved for persons with disabilities.

(e) No unit of local government, including a home rule unit, may enact or enforce an ordinance that applies only to motorcycles if the principal purpose for that ordinance is to restrict the access of motorcycles to any highway or portion of a highway for which federal or State funds have been used for the planning, design, construction, or maintenance of that highway.

No unit of local government, including a home rule SB3336 Engrossed - 33 - LRB104 20522 LNS 33996 b unit, may enact an ordinance requiring motorcycle users to wear protective headgear.

Nothing in this subsection (e) shall affect the authority of a unit of local government to regulate motorcycles for traffic control purposes or in accordance with Section 12-602 of this Code.

No unit of local government, including a home rule unit, may regulate motorcycles in a manner inconsistent with this Code.

This subsection (e) is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(e-5) The City of Chicago may enact an ordinance providing for a noise monitoring system upon any portion of the roadway known as Lake Shore Drive.

Twelve months after the installation of the noise monitoring system, and any time after the first report as the City deems necessary, the City of Chicago shall prepare a noise monitoring report with the data collected from the system and shall, upon request, make the report available to the public.

For purposes of this subsection (e-5), "noise monitoring system" means an automated noise monitor capable of recording noise levels 24 hours per day and 365 days per year with computer equipment sufficient to process the data.

(e-10) A unit of local government, including a home rule unit, may not enact an ordinance prohibiting the use of Automated Driving System equipped vehicles on its roadways.

Nothing in this subsection (e-10) shall affect the authority SB3336 Engrossed - 34 - LRB104 20522 LNS 33996 b of a unit of local government to regulate Automated Driving System equipped vehicles for traffic control purposes.

No unit of local government, including a home rule unit, may regulate Automated Driving System equipped vehicles in a manner inconsistent with this Code.

For purposes of this subsection (e-10), "Automated Driving System equipped vehicle" means any vehicle equipped with an Automated Driving System of hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether it is limited to a specific operational domain.

This subsection (e-10) is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(f) A municipality or county designated in Section 11-208.6 may enact an ordinance providing for an automated traffic law enforcement system to enforce violations of this Code or a similar provision of a local ordinance and imposing liability on a registered owner or lessee of a vehicle used in such a violation.

(g) A municipality or county, as provided in Section 11-1201.1, may enact an ordinance providing for an automated traffic law enforcement system to enforce violations of Section 11-1201 of this Code or a similar provision of a local ordinance and imposing liability on a registered owner of a vehicle used in such a violation.

SB3336 Engrossed - 35 - LRB104 20522 LNS 33996 b (h) A municipality designated in Section 11-208.8 may enact an ordinance providing for an automated speed enforcement system to enforce violations of Article VI of Chapter 11 of this Code or a similar provision of a local ordinance.

(i) A municipality or county designated in Section 11-208.9 may enact an ordinance providing for an automated traffic law enforcement system to enforce violations of Section 11-1414 of this Code or a similar provision of a local ordinance and imposing liability on a registered owner or lessee of a vehicle used in such a violation.

(Source:

P.A.

100-209, eff.

1-1-18;

100-257, eff.

8-22-17;

100-352, eff.

6-1-18;

100-863, eff.

8-14-18;

101-123, eff.

7-26-19.) (625 ILCS 5/11-317 new) Sec.

11-317.

Motor driven cycle prohibition signage.

On any highway, bicycle lane, bicycle path, shared-use path, off-road bicycle trail or natural surface trail designated for bicycle use, or any other bicycle-specific facility established under State or local law for which use of motor driven cycles has been prohibited under Section 11-1403.4, the State or local government entity having jurisdiction shall erect permanent signage that notifies users that operation of motor driven cycles is strictly prohibited.

SB3336 Engrossed - 36 - LRB104 20522 LNS 33996 b (625 ILCS 5/11-501) (from Ch.

95 1/2, par.

11-501) Sec.

11-501.

Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof.

(a) A person shall not drive or be in actual physical control of any vehicle within this State while:

(1) the alcohol concentration in the person's blood, other bodily substance, or breath is 0.08 or more based on the definition of blood and breath units in Section 11-501.2;

(2) under the influence of alcohol;

(3) under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of driving safely;

(4) under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving;

(5) under the combined influence of alcohol, other drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving;

(6) there is any amount of a drug, substance, or compound in the person's breath, blood, other bodily substance, or urine resulting from the unlawful use or consumption of a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating SB3336 Engrossed - 37 - LRB104 20522 LNS 33996 b compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act;

or (7) the person has, within 2 hours of driving or being in actual physical control of a vehicle, a tetrahydrocannabinol concentration in the person's whole blood or other bodily substance as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code.

Subject to all other requirements and provisions under this Section, this paragraph (7) does not apply to the lawful consumption of cannabis by a qualifying patient licensed under the Compassionate Use of Medical Cannabis Program Act who is in possession of a valid registry card issued under that Act, unless that person is impaired by the use of cannabis.

(a-5) The requirements of this Section also apply to low-speed electric bicycles and low-speed gas bicycles that are operated by a person who is under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof.

(b) The fact that any person charged with violating this Section is or has been legally entitled to use alcohol, cannabis under the Compassionate Use of Medical Cannabis Program Act, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, shall not constitute a defense against any charge of violating this Section.

SB3336 Engrossed - 38 - LRB104 20522 LNS 33996 b (c) Penalties.

(1) Except as otherwise provided in this Section, any person convicted of violating subsection (a) of this Section is guilty of a Class A misdemeanor.

(2) A person who violates subsection (a) or a similar provision a second time shall be sentenced to a mandatory minimum term of either 5 days of imprisonment or 240 hours of community service in addition to any other criminal or administrative sanction.

(3) A person who violates subsection (a) is subject to 6 months of imprisonment, an additional mandatory minimum fine of $1,000, and 25 days of community service in a program benefiting children if the person was transporting a person under the age of 16 at the time of the violation.

(4) A person who violates subsection (a) a first time, if the alcohol concentration in his or her blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in Section 11-501.2, shall be subject, in addition to any other penalty that may be imposed, to a mandatory minimum of 100 hours of community service and a mandatory minimum fine of $500.

(5) A person who violates subsection (a) a second time, if at the time of the second violation the alcohol concentration in his or her blood, breath, other bodily substance, or urine was 0.16 or more based on the SB3336 Engrossed - 39 - LRB104 20522 LNS 33996 b definition of blood, breath, other bodily substance, or urine units in Section 11-501.2, shall be subject, in addition to any other penalty that may be imposed, to a mandatory minimum of 2 days of imprisonment and a mandatory minimum fine of $1,250.

(d) Aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof.

(1) Every person convicted of committing a violation of this Section shall be guilty of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof if:

(A) the person committed a violation of subsection (a) or a similar provision for the third or subsequent time;

(B) the person committed a violation of subsection (a) while driving a school bus with one or more passengers on board;

(C) the person in committing a violation of subsection (a) was involved in a motor vehicle crash that resulted in great bodily harm or permanent disability or disfigurement to another, when the violation was a proximate cause of the injuries;

(D) the person committed a violation of subsection (a) and has been previously convicted of violating SB3336 Engrossed - 40 - LRB104 20522 LNS 33996 b Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 or a similar provision of a law of another state relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds as an element of the offense or the person has previously been convicted under subparagraph (C) or subparagraph (F) of this paragraph (1);

(E) the person, in committing a violation of subsection (a) while driving at any speed in a school speed zone at a time when a speed limit of 20 miles per hour was in effect under subsection (a) of Section 11-605 of this Code, was involved in a motor vehicle crash that resulted in bodily harm, other than great bodily harm or permanent disability or disfigurement, to another person, when the violation of subsection (a) was a proximate cause of the bodily harm;

(F) the person, in committing a violation of subsection (a), was involved in a motor vehicle crash or snowmobile, all-terrain vehicle, or watercraft accident that resulted in the death of another person, when the violation of subsection (a) was a proximate cause of the death;

(G) the person committed a violation of subsection (a) during a period in which the defendant's driving SB3336 Engrossed - 41 - LRB104 20522 LNS 33996 b privileges are revoked or suspended, where the revocation or suspension was for a violation of subsection (a) or a similar provision, Section 11-501.1, paragraph (b) of Section 11-401, or for reckless homicide as defined in Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012;

(H) the person committed the violation while he or she did not possess a driver's license or permit or a restricted driving permit or a judicial driving permit or a monitoring device driving permit;

(I) the person committed the violation while he or she knew or should have known that the vehicle he or she was driving was not covered by a liability insurance policy;

(J) the person in committing a violation of subsection (a) was involved in a motor vehicle crash that resulted in bodily harm, but not great bodily harm, to the child under the age of 16 being transported by the person, if the violation was the proximate cause of the injury;

(K) the person in committing a second violation of subsection (a) or a similar provision was transporting a person under the age of 16;

or (L) the person committed a violation of subsection (a) of this Section while transporting one or more passengers in a vehicle for-hire.

SB3336 Engrossed - 42 - LRB104 20522 LNS 33996 b (2)(A) Except as provided otherwise, a person convicted of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof is guilty of a Class 4 felony.

(B) A third violation of this Section or a similar provision is a Class 2 felony.

If at the time of the third violation the alcohol concentration in his or her blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in Section 11-501.2, a mandatory minimum of 90 days of imprisonment and a mandatory minimum fine of $2,500 shall be imposed in addition to any other criminal or administrative sanction.

If at the time of the third violation, the defendant was transporting a person under the age of 16, a mandatory fine of $25,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.

(C) A fourth violation of this Section or a similar provision is a Class 2 felony, for which a sentence of probation or conditional discharge may not be imposed.

If at the time of the violation, the alcohol concentration in the defendant's blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in Section SB3336 Engrossed - 43 - LRB104 20522 LNS 33996 b 11-501.2, a mandatory minimum fine of $5,000 shall be imposed in addition to any other criminal or administrative sanction.

If at the time of the fourth violation, the defendant was transporting a person under the age of 16 a mandatory fine of $25,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.

(D) A fifth violation of this Section or a similar provision is a Class 1 felony, for which a sentence of probation or conditional discharge may not be imposed.

If at the time of the violation, the alcohol concentration in the defendant's blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in Section 11-501.2, a mandatory minimum fine of $5,000 shall be imposed in addition to any other criminal or administrative sanction.

If at the time of the fifth violation, the defendant was transporting a person under the age of 16, a mandatory fine of $25,000, and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.

(E) A sixth or subsequent violation of this Section or similar provision is a Class X felony.

If at the time of the violation, the alcohol concentration in the SB3336 Engrossed - 44 - LRB104 20522 LNS 33996 b defendant's blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in Section 11-501.2, a mandatory minimum fine of $5,000 shall be imposed in addition to any other criminal or administrative sanction.

If at the time of the violation, the defendant was transporting a person under the age of 16, a mandatory fine of $25,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.

(F) For a violation of subparagraph (C) of paragraph (1) of this subsection (d), the defendant, if sentenced to a term of imprisonment, shall be sentenced to not less than one year nor more than 12 years.

(G) A violation of subparagraph (F) of paragraph (1) of this subsection (d) is a Class 2 felony, for which the defendant, unless the court determines that extraordinary circumstances exist and require probation, shall be sentenced to:

(i) a term of imprisonment of not less than 3 years and not more than 14 years if the violation resulted in the death of one person;

or (ii) a term of imprisonment of not less than 6 years and not more than 28 years if the violation resulted in the deaths of 2 or more persons.

(H) For a violation of subparagraph (J) of paragraph (1) of this subsection (d), a mandatory fine of $2,500, SB3336 Engrossed - 45 - LRB104 20522 LNS 33996 b and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.

(I) A violation of subparagraph (K) of paragraph (1) of this subsection (d), is a Class 2 felony and a mandatory fine of $2,500, and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.

If the child being transported suffered bodily harm, but not great bodily harm, in a motor vehicle crash, and the violation was the proximate cause of that injury, a mandatory fine of $5,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.

(J) A violation of subparagraph (D) of paragraph (1) of this subsection (d) is a Class 3 felony, for which a sentence of probation or conditional discharge may not be imposed.

(3) Any person sentenced under this subsection (d) who receives a term of probation or conditional discharge must serve a minimum term of either 480 hours of community service or 10 days of imprisonment as a condition of the probation or conditional discharge in addition to any other criminal or administrative sanction.

(e) Any reference to a prior violation of subsection (a) or a similar provision includes any violation of a provision SB3336 Engrossed - 46 - LRB104 20522 LNS 33996 b of a local ordinance or a provision of a law of another state or an offense committed on a military installation that is similar to a violation of subsection (a) of this Section.

(f) The imposition of a mandatory term of imprisonment or assignment of community service for a violation of this Section shall not be suspended or reduced by the court.

(g) Any penalty imposed for driving with a license that has been revoked for a previous violation of subsection (a) of this Section shall be in addition to the penalty imposed for any subsequent violation of subsection (a).

(h) For any prosecution under this Section, a certified copy of the driving abstract of the defendant shall be admitted as proof of any prior conviction.

(Source:

P.A.

101-363, eff.

8-9-19;

102-982, eff.

7-1-23.) (625 ILCS 5/11-1008.5 new) Sec.

11-1008.5.

Toy vehicles.

Toy vehicles shall only be operated on sidewalks and paths designated for bicycles.

Every person operating a toy vehicle upon a sidewalk or bicycle path shall be granted all the rights and shall be subject to all the duties applicable to a pedestrian.

The driver of a vehicle shall yield the right-of-way to any person operating a toy vehicle.

The use of toy vehicles on property owned, managed, or leased by any municipality, park district, forest preserve district, or conservation district is allowed, unless specifically prohibited in an ordinance or resolution adopted SB3336 Engrossed - 47 - LRB104 20522 LNS 33996 b by the municipality, park district, forest preserve district, or conservation district.

The Department of Natural Resources is authorized to adopt administrative rules for the regulation of toy vehicles on any and all properties owned, managed, or leased by the Department of Natural Resources.

No person shall knowingly tamper with or modify the speed capability or engagement of a toy vehicle beyond the original speed capabilities of the device.

No unit of local government, including a home rule unit, may regulate toy vehicles in a manner that is less restrictive than this Section.

This paragraph is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(625 ILCS 5/11-1403.4 new) Sec.

11-1403.4.

Operation of motor driven cycles.

(a) Except as otherwise provided in this Section, a person may operate a motor driven cycle upon any public highway, street, or roadway in this State.

(b) Motor driven cycles shall not be operated on any sidewalk, bicycle lane, bicycle path, shared-use path, off-road bicycle trail or natural surface trail designated for bicycle use, or any other bicycle-specific facility established under State or local law.

For purposes of this subsection, "shared-use path" means any paved, off-street SB3336 Engrossed - 48 - LRB104 20522 LNS 33996 b travel way designed to serve non-motorized vehicles and travelers.

(c) Motor driven cycles shall not be operated upon interstate highways or upon public highways divided by a grass or concrete median or highways with speed limits in excess of 55 miles per hour or upon any public land where expressly prohibited by the State governing body, department, or agency having jurisdiction thereof.

(d) No person shall operate a motor driven cycle unless that person is in possession of a valid driver's license.

Pursuant to Section 6-107.1, the Secretary may issue an instruction permit to a person 16 or 17 years of age that entitles the holder to drive upon the highways during daylight under direct supervision of a licensed motor driven cycle operator 21 years of age or older who has a license classification to operate such motor driven cycle and at least one year of driving experience.

(e) A person may not operate a motor driven cycle while carrying a passenger unless that motor driven cycle was manufactured to carry a passenger.

(f) A motor driven cycle manufactured to accommodate passengers may not be operated by a person under the age of 18 while transporting a passenger unless the passenger is a sibling, stepsibling, child, or stepchild of the operator.

(g) Each motor driven cycle shall be equipped with a speedometer that displays the speed of travel in miles per SB3336 Engrossed - 49 - LRB104 20522 LNS 33996 b hour.

Each motor driven cycle shall also be equipped with or display a vehicle identification number and conform with all federal vehicle safety standards as well as meet all applicable equipment requirements specified in this Article and Chapter 12.

No person shall knowingly tamper with or modify the speed capability or engagement of a motor driven cycle beyond its originally intended capability.

(h) Except as otherwise provided in this Section, every person operating a motor driven cycle upon a highway shall be granted all of the rights allowed under this Chapter, and shall be subject to all of the duties applicable to the driver of a vehicle by this Code, except as to any applicable special rules and those provisions of this Code which by their nature can have no application.

(i) No retailer, wholesaler, distributor, or manufacturer shall market, advertise, label, or otherwise offer for sale a motor driven cycle in any manner that would reasonably cause a consumer to believe that the vehicle is a device that is not subject to the requirements of this Section.

Any violation of this subsection constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act, and is enforceable by the Attorney General or State's Attorneys under the Consumer Fraud and Deceptive Business Practices Act.

Law enforcement officers are authorized to seize or impound vehicles marketed or sold in violation of this subsection, pending resolution of proceedings initiated pursuant to the SB3336 Engrossed - 50 - LRB104 20522 LNS 33996 b Consumer Fraud and Deceptive Business Practices Act.

In addition to any penalty authorized under this subsection, the law enforcement agency may provide for the release of properly impounded vehicles and for the imposition of a reasonable administrative fee related to its confiscation and impounding.

A retailer, wholesaler, distributor, or manufacturer that violates this subsection is subject to a civil penalty not exceeding $10,000 for each violation.