(625 ILCS 5/11-1403.4) (This Section may contain text from a Public Act with a delayed effective date) 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 travel way designed to serve non-motorized vehicles and travelers. (c) Motor driven cycles shall not be operated upon interstate highways 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 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 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. Each mislabeled or falsely marketed vehicle constitutes a separate violation. (j) Any motor driven cycle found to be in violation of this Section may, in the discretion of the law enforcement agency having jurisdiction, be subject to confiscation and impoundment. 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. The administrative fee shall be waived upon verifiable proof that the vehicle was stolen or hijacked at the time the vehicle was impounded. (k) No unit of local government, including a home rule unit, may regulate motor driven cycles. This subsection (k) is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution, and is an exercise of exclusive State power which may not be exercised concurrently by a home rule unit. (l) Every owner of a motor driven cycle is subject to the mandatory insurance requirements specified in Article VI of Chapter 7 of this Code. (m) The Secretary may adopt any rules necessary to implement this Section.
(Source: P.A. 104-854, eff. 1-1-27.)