Bill Text: IL HB0791 | 2017-2018 | 100th General Assembly | Chaptered
Bill Title: Amends the Illinois Vehicle Code. Provides that a unit of local government, including a home rule unit, may not enact an ordinance prohibiting the use of autonomous vehicles on its roadways. Limits the concurrent exercise of home rule powers. Defines "autonomous vehicle".
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0352 [HB0791 Detail]
Download: Illinois-2017-HB0791-Chaptered.html
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Public Act 100-0352 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Section 11-208 as follows:
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(625 ILCS 5/11-208)
(from Ch. 95 1/2, par. 11-208)
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Sec. 11-208. Powers of local authorities.
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(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:
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1. Regulating the standing or parking of vehicles, | ||||
except as
limited by Sections 11-1306 and 11-1307 of this | ||||
Act;
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2. Regulating traffic by means of police officers or | ||||
traffic control
signals;
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3. Regulating or prohibiting processions or | ||||
assemblages on the highways; and certifying persons to | ||||
control traffic for processions or assemblages;
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4. Designating particular highways as one-way highways | ||||
and requiring that
all vehicles thereon be moved in one | ||||
specific direction;
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5. Regulating the speed of vehicles in public parks |
subject to the
limitations set forth in Section 11-604;
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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 | ||
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;
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7. Restricting the use of highways as authorized in | ||
Chapter 15;
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8. Regulating the operation of bicycles and requiring | ||
the
registration and licensing of same, including the | ||
requirement of a
registration fee;
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9. Regulating or prohibiting the turning of vehicles or | ||
specified
types of vehicles at intersections;
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10. Altering the speed limits as authorized in Section | ||
11-604;
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11. Prohibiting U-turns;
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12. Prohibiting pedestrian crossings at other than | ||
designated and marked
crosswalks or at intersections;
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13. Prohibiting parking during snow removal operation;
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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 disabilities or | ||
a veteran with a disability;
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15. Adopting such other traffic regulations as are | ||
specifically
authorized by this Code; or
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16. Enforcing the provisions of subsection (f) of | ||
Section 3-413 of this
Code or a similar local ordinance.
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(b) No ordinance or regulation enacted under subsections 1, | ||
4, 5, 6, 7,
9, 10, 11 or 13 of paragraph (a) shall be effective | ||
until signs giving
reasonable notice of such local traffic | ||
regulations are posted.
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(c) The provisions of this Code shall not prevent any
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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.
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(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.
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(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 | ||
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
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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.
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(e-5) 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-5) shall affect the authority 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-5), "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-5) 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.
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(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.
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(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. 98-396, eff. 1-1-14; 98-556, eff. 1-1-14; 98-756, | ||
eff. 7-16-14; 99-143, eff. 7-27-15.)
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