Bill Amendment: IL HB2902 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: PERSONAL DELIVERY DEVICES

Status: 2023-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB2902 Detail]

Download: Illinois-2023-HB2902-House_Amendment_001.html

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Rep. Jaime M. Andrade, Jr.

Filed: 3/6/2023

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AMENDMENT TO HOUSE BILL 2902
AMENDMENT NO. ______. Amend House Bill 2902 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Vehicle Code is amended by
changing Sections 1-146, 1-188, and 1-217 and adding Sections
1-159.15, 1-159.16, 11-1005.2, and 11-1412.4 as follows:
(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, personal delivery devices, motorized wheelchairs,
low-speed electric bicycles, and low-speed gas bicycles. For
this 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.

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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 5/1-159.15 new)
Sec. 1-159.15. Personal delivery device. A powered device
that is:
(1) intended to be operated primarily on sidewalks,
crosswalks, and other pedestrian areas to transport cargo;
(2) not intended to carry passengers; and
(3) capable of navigating with the active control or
monitoring of a natural person.
(625 ILCS 5/1-159.16 new)
Sec. 1-159.16. Personal delivery device operator. A person
or an agent of a person who exercises control or monitoring
over the operation of a personal delivery device. A person or
an agent of a person shall not be considered a personal
delivery operator solely because the person or agent:
(1) requests or receives the delivery or services of a
personal delivery device;

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(2) arranges for or dispatches the requested services
of a personal delivery device; or
(3) stores, charges, or maintains a personal delivery
device.
(625 ILCS 5/1-188) (from Ch. 95 1/2, par. 1-188)
Sec. 1-188. Sidewalk. That portion of a street between the
curb lines, or the lateral lines of a roadway, and the adjacent
property lines, primarily intended for use of pedestrians.
(Source: P.A. 76-1586.)
(625 ILCS 5/1-217) (from Ch. 95 1/2, par. 1-217)
(Text of Section before amendment by P.A. 102-1130)
Sec. 1-217. Vehicle. Every device, in, upon or by which
any person or property is or may be transported or drawn upon a
highway or requiring a certificate of title under Section
3-101(d) of this Code, except devices moved by human power,
devices used exclusively upon stationary rails or tracks and
snowmobiles as defined in the Snowmobile Registration and
Safety Act.
For the purposes of this Code, unless otherwise
prescribed, a device shall be considered to be a vehicle until
such time it either comes within the definition of a junk
vehicle, as defined under this Code, or a junking certificate
is issued for it.
For this Code, vehicles are divided into 2 divisions:

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First Division: Those motor vehicles which are designed
for the carrying of not more than 10 persons.
Second Division: Those vehicles which are designed for
carrying more than 10 persons, those designed or used for
living quarters and those vehicles which are designed for
pulling or carrying property, freight or cargo, those motor
vehicles of the First Division remodelled for use and used as
motor vehicles of the Second Division, and those motor
vehicles of the First Division used and registered as school
buses.
(Source: P.A. 92-812, eff. 8-21-02.)
(Text of Section after amendment by P.A. 102-1130)
Sec. 1-217. Vehicle. Every device, in, upon or by which
any person or property is or may be transported or drawn upon a
highway or requiring a certificate of title under Section
3-101(d) of this Code, except devices moved by human power,
personal delivery devices, devices used exclusively upon
stationary rails or tracks, and snowmobiles as defined in the
Snowmobile Registration and Safety Act.
For the purposes of this Code, unless otherwise
prescribed, a device shall be considered to be a vehicle until
such time it either comes within the definition of a junk
vehicle, as defined under this Code, or a junking certificate
is issued for it.
For this Code, vehicles are divided into 2 divisions:

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First Division: Those motor vehicles which are designed
for the carrying of not more than 10 persons.
Second Division: Those vehicles which are designed for
carrying more than 10 persons, those designed or used for
living quarters and those vehicles which are designed for
pulling or carrying property, freight, or cargo and those
motor vehicles of the First Division remodelled for use and
used as motor vehicles of the Second Division.
(Source: P.A. 102-1130, eff. 7-1-23.)
(625 ILCS 5/11-1005.2 new)
Sec. 11-1005.2. Personal delivery devices. A business
entity may operate a personal delivery device in pedestrian
areas with all the rights and duties applicable to a
pedestrian under this Chapter, except that a personal delivery
device shall not unreasonably interfere with any pedestrian or
traffic and shall yield the right-of-way to a pedestrian on
the sidewalk or crosswalk.
(625 ILCS 5/11-1412.4 new)
Sec. 11-1412.4. Personal delivery devices.
(a) Notwithstanding any other provision of law, a personal
delivery device shall be authorized to operate in pedestrian
areas in the State if the personal delivery device:
(1) is equipped with a system that enables the
personal delivery device to come to a controlled stop;

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(2) has the capability of operating in a manner that
complies with the pedestrians' rights and duties under
Article X of Chapter 11, unless the provision cannot by
its nature apply to the personal delivery device;
(3) does not unreasonably interfere with motor
vehicles or traffic or otherwise block any right-of-way
under the jurisdiction and control of the State or any
local authority;
(4) operates at a speed not exceeding 10 miles per
hour on a sidewalk or crosswalk;
(5) is not used to transport hazardous materials:
(A) in a type and quantity for which placards are
required in accordance with the Hazardous Materials
Regulations prescribed by the United States Department
of Transportation, Title 49 CFR Part 172, Subpart F,
or compatible rules adopted by the Department of
Transportation; or
(B) that may pose an unreasonable risk to health,
safety, or performance when transported in commerce;
(6) includes a unique identifying number and a means
of identifying the personal delivery device operator; and
(7) weighs 300 pounds or less.
(b) A personal delivery device shall have all the rights
and duties applicable to a pedestrian under the same
circumstances.
A personal delivery device shall not be deemed a motor

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vehicle or a vehicle under this Code or any other law, rule, or
regulation of the State or any local authority.
A personal delivery device shall be exempt from all
vehicle or motor vehicle registration requirements under this
Code or any other law, rule, or regulation of the State or any
local authority.
(c) A personal delivery device operator shall maintain an
insurance policy that provides general liability coverage of
at least $500,000 for damages arising from the combined
operations of any personal delivery devices under the personal
delivery device operator's control.
(d) Except as expressly provided in this Section, local
authorities shall not enact or enforce a rule, regulation,
ordinance, or resolution relating to the following:
(1) design, manufacture, or maintenance of a personal
delivery device;
(2) licensing, registration, or certification of a
personal delivery device;
(3) taxation of or the imposition of any assessment of
any fees or other charges upon a personal delivery device
or personal delivery device operator;
(4) insuring a personal delivery device;
(5) types of cargo that may be transported by a
personal delivery device; or
(6) operations of personal delivery devices.
A local authority may not prohibit the operation of a

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personal delivery device but may reasonably restrict the
operation of a personal delivery device on a roadway or in a
pedestrian area in a manner consistent with this Section, as
long as the local authority gives interested stakeholders an
opportunity to be heard on matters pertaining to the
restrictions being implemented.
This Section shall not apply to counties with a population
of 3,000,000 or more.
A home rule unit may not regulate personal delivery
devices in a manner inconsistent with this Section. This
subsection 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.
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.".