(625 ILCS 5/11-1435) (This Section may contain text from a Public Act with a delayed effective date) Sec. 11-1435. Operation of electric micromobility devices. (a) Except as otherwise provided in this Section, a person may operate an electric micromobility device upon any highway, street, roadway, bicycle lane, or bicycle path in this State. A person operating an electric micromobility device upon a highway, street, or roadway may not otherwise impede or obstruct other vehicular traffic. (b) An electric micromobility device shall not be operated on: (1) a sidewalk; (2) a highway with a speed limit in excess of 35 miles per hour, unless there is a designated bicycle lane on such highway; or (3) an interstate highway. Additionally, any such electric micromobility device capable of and operating in excess of 28 miles per hour shall be prohibited from operating on any public highway, regardless of speed limit, and shall further be prohibited from bicycle lanes and bicycle paths. (c) The Department of Transportation and the Department of Natural Resources may adopt administrative rules prohibiting the use of electric micromobility devices upon any highway, street, roadway, bicycle lane, or bicycle path under its jurisdiction. Notwithstanding subsection (o), park districts, forest preserve districts, conservation districts, and transit districts may, by ordinance or resolution, regulate the use of electric micromobility devices upon any bicycle path under its jurisdiction. (d) A person may not operate an electric micromobility device unless the person is 16 years of age or older. (e) Every electric micromobility device shall be equipped with a functioning brake or mechanism that allows for the deceleration of the device when in use that will adequately control movement of the device and allow the device to be stopped. Every electric micromobility device, when in use at nighttime, shall also be equipped with a lamp on the front that emits a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear that is visible from all distances from 100 feet to 600 feet to the rear when directly in front of lawful lower beams of headlamps on a motor vehicle, except that a lamp emitting a steady or flashing red light visible from a distance of 500 feet to the rear may be used in addition to or instead of the red reflector. A person operating an electric micromobility device at nighttime may also use a headlamp equipped with lighting sufficient to meet the visibility requirements of this subsection. (f) An electric micromobility device may be parked in the same manner and at the same locations as a bicycle may be parked; however, such device must not obstruct any sidewalk or pedestrian right-of-way. (g) A person may not use an electric micromobility device to carry a passenger unless the device was originally designed to carry more than one person at a time. (h) No person riding upon any electric micromobility device shall attach the device or the person to any vehicle upon a roadway. (i) No person shall knowingly tamper with or modify the speed capability or engagement of an electric micromobility device beyond the original speed capability of the device. (j) A person may not operate an electric micromobility device while under the influence of alcohol or any drug. (k) Every electric micromobility device shall be well-maintained and in good operating condition. (l) An electric micromobility device shall not be equipped with a siren nor shall any person use any siren upon an electric micromobility device. This subsection does not apply to an electric micromobility device used by a police or fire department. (m) Any electric micromobility device operated in violation of or 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 a properly impounded vehicle 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. (n) Every person operating an electric micromobility device upon a highway shall be granted all of the rights allowed by 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. (o) Except as specifically authorized in this Section, no unit of local government, including a home rule unit, may regulate electric micromobility devices. This subsection (o) 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. (p) The Secretary may adopt any rules necessary to implement this Section.
(Source: P.A. 104-854, eff. 1-1-27.)