103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2902
 
Introduced , by Rep. Jaime M. Andrade, Jr.
 
SYNOPSIS AS INTRODUCED:



      
625 ILCS 5/1-146 from Ch. 95 1/2, par. 1-146
625 ILCS 5/1-159.15 new
625 ILCS 5/1-159.16 new
625 ILCS 5/1-188 from Ch. 95 1/2, par. 1-188
625 ILCS 5/1-217 from Ch. 95 1/2, par. 1-217
625 ILCS 5/11-1005.2 new
625 ILCS 5/11-1412.4 new

 Amends the Illinois Vehicle Code. Provides that a personal delivery device shall be authorized to operate on any sidewalk, crosswalk, or public roadway or highway in the State if the personal delivery device meets specified criteria. Specifies that a personal delivery device shall have all the rights and duties applicable to a pedestrian under the same circumstances. Provides that a personal delivery device shall not be deemed a motor vehicle or a vehicle. Provides that a personal delivery device shall be exempt from all vehicle or motor vehicle registration requirements. Requires a personal delivery device operator to maintain an insurance policy that provides general liability coverage of at least $100,000 for damages arising from the combined operations of any personal delivery devices under the personal delivery device operator's control. Prohibits local authorities from enacting or enforcing a rule, regulation, ordinance, or resolution relating to specified aspects of a personal delivery device. Limits home rule powers. Makes conforming changes.



LRB103 30879 MXP 57403 b


 
 
A BILL FOR
 


HB2902LRB103 30879 MXP 57403 b



1 AN ACT concerning transportation.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Illinois Vehicle Code is amended by 
5changing Sections 1-146, 1-188, and 1-217 and adding Sections 
61-159.15, 1-159.16, 11-1005.2, and 11-1412.4 as follows:




7 (625 ILCS 5/1-146) (from Ch. 95 1/2, par. 1-146)


8 Sec. 1-146. Motor vehicle. Every vehicle which is 
9self-propelled and
every vehicle which is
propelled by 
10electric power obtained from overhead trolley wires, but not

11operated upon rails, except for vehicles moved solely by human 
12power,
personal delivery devices, motorized wheelchairs, 
13low-speed electric bicycles, and low-speed gas bicycles. For 
14this Act, motor vehicles are divided into two
divisions:

15 First Division: Those motor vehicles which are designed 
16for the carrying
of not more than 10 persons.

17 Second Division: Those motor vehicles which are designed 
18for carrying
more than 10 persons, those motor vehicles 
19designed or used for living
quarters, those
motor vehicles 
20which are designed for pulling or carrying freight, cargo
or 
21implements of husbandry, and those motor vehicles of
the First 
22Division remodelled for use and used
as motor vehicles of the 
23Second Division.

 
 
HB2902- 2 -LRB103 30879 MXP 57403 b


1(Source: P.A. 96-125, eff. 1-1-10.)


2 (625 ILCS 5/1-159.15 new)
3 Sec. 1-159.15. Personal delivery device. A powered device 
4that is:
5  (1) intended to be operated primarily on sidewalks, 
6 crosswalks, and other pedestrian areas to transport cargo;
7  (2) not intended to carry passengers; and
8  (3) capable of navigating with the active control or 
9 monitoring of a natural person.

10 (625 ILCS 5/1-159.16 new)
11 Sec. 1-159.16. Personal delivery device operator. A person 
12or an agent of a person who exercises control or monitoring 
13over the operation of a personal delivery device. A person or 
14an agent of a person shall not be considered a personal 
15delivery operator solely because the person or agent:
16  (1) requests or receives the delivery or services of a 
17 personal delivery device;
18  (2) arranges for or dispatches the requested services 
19 of a personal delivery device; or
20  (3) stores, charges, or maintains a personal delivery 
21 device.




22 (625 ILCS 5/1-188) (from Ch. 95 1/2, par. 1-188)



23 Sec. 1-188. Sidewalk. That portion of a street between the 
 
 
HB2902- 3 -LRB103 30879 MXP 57403 b


1curb lines, or the lateral lines of
a roadway, and the adjacent 
2property lines, primarily intended for use of
pedestrians.

3(Source: P.A. 76-1586.)





4 (625 ILCS 5/1-217) (from Ch. 95 1/2, par. 1-217)



5 Sec. 1-217. Vehicle. Every device, in, upon or by which 
6any person or
property is or may be transported or drawn upon a 
7highway or requiring a
certificate of title under Section 
83-101(d) of this Code, except
devices
moved by human power, 
9personal delivery devices, devices used exclusively upon 
10stationary rails or
tracks, and snowmobiles as defined in the 
11Snowmobile Registration and
Safety Act.

12 For the purposes of this Code, unless otherwise 
13prescribed, a device
shall be considered to be a vehicle until 
14such time it either comes within
the definition of a junk 
15vehicle, as defined under this Code, or a junking
certificate 
16is issued for it.

17 For this Code, vehicles are divided into 2 divisions:

18 First Division: Those motor vehicles which are designed 
19for the carrying
of not more than 10 persons.

20 Second Division: Those vehicles which are designed for 
21carrying more than
10 persons, those designed or used for 
22living quarters and those vehicles
which are designed for 
23pulling or carrying property, freight or cargo,
those motor 
24vehicles of the First Division remodelled for use and used as

25motor vehicles of the Second Division, and those motor 
 
 
HB2902- 4 -LRB103 30879 MXP 57403 b


1vehicles of the
First Division used and registered as school 
2buses.

3(Source: P.A. 92-812, eff. 8-21-02.)


4 (625 ILCS 5/11-1005.2 new)
5 Sec. 11-1005.2. Personal delivery devices. A personal 
6delivery device upon a sidewalk or roadway has all the rights 
7and is subject to all the duties applicable to a pedestrian, 
8except that a personal delivery device shall not unreasonably 
9interfere with any pedestrian or traffic and shall yield the 
10right-of-way to a pedestrian on the sidewalk or crosswalk. 

11 (625 ILCS 5/11-1412.4 new)
12 Sec. 11-1412.4. Personal delivery devices.
13 (a) Notwithstanding any other provision of law, a personal 
14delivery device shall be authorized to operate on any 
15sidewalk, crosswalk, or public roadway or highway in the State 
16if the personal delivery device:
17  (1) is equipped with a system that enables the 
18 personal delivery device to come to a controlled stop;
19  (2) has the capability of operating in a manner that 
20 complies with the pedestrians' rights and duties under 
21 Article X of Chapter 11, unless the provision cannot by 
22 its nature apply to the personal delivery device;
23  (3) does not unreasonably interfere with motor 
24 vehicles or traffic or otherwise block any right-of-way 
 
 
HB2902- 5 -LRB103 30879 MXP 57403 b


1 under the jurisdiction and control of the State or any 
2 local authority;
3  (4) operates at a speed not exceeding 10 miles per 
4 hour on a sidewalk or crosswalk;
5  (5) is not used to transport hazardous materials:
6   (A) in a type and quantity for which placards are 
7 required in accordance with the Hazardous Materials 
8 Regulations prescribed by the United States Department 
9 of Transportation, Title 49 CFR Part 172, Subpart F, 
10 or compatible rules adopted by the Department of 
11 Transportation; or
12   (B) that may pose an unreasonable risk to health, 
13 safety, or performance when transported in commerce;
14  (6) includes a unique identifying number and a means 
15 of identifying the personal delivery device operator; and
16  (7) weighs 300 pounds or less. 
17 (b) A personal delivery device shall have all the rights 
18and duties applicable to a pedestrian under the same 
19circumstances.
20 A personal delivery device shall not be deemed a motor 
21vehicle or a vehicle under this Code or any other law, rule, or 
22regulation of the State or any local authority.
23 A personal delivery device shall be exempt from all 
24vehicle or motor vehicle registration requirements under this 
25Code or any other law, rule, or regulation of the State or any 
26local authority.
 
 
HB2902- 6 -LRB103 30879 MXP 57403 b


1 (c) A personal delivery device operator shall maintain an 
2insurance policy that provides general liability coverage of 
3at least $100,000 for damages arising from the combined 
4operations of any personal delivery devices under the personal 
5delivery device operator's control.
6 (d) Except as expressly provided in this Section, local 
7authorities shall not enact or enforce a rule, regulation, 
8ordinance, or resolution relating to the following:
9  (1) design, manufacture, or maintenance of a personal 
10 delivery device;
11  (2) licensing, registration, or certification of a 
12 personal delivery device;
13  (3) taxation of or the imposition of any assessment of 
14 any fees or other charges upon a personal delivery device 
15 or personal delivery device operator;
16  (4) insuring a personal delivery device;
17  (5) types of cargo that may be transported by a 
18 personal delivery device; or
19  (6) operations of personal delivery devices.
20 A local authority may not prohibit the operation of a 
21personal delivery device but may reasonably restrict the 
22operation of a personal delivery device on a roadway or in a 
23pedestrian area in a manner consistent with this Section, as 
24long as the local authority gives the interested stake holder 
25an opportunity to be heard on matters pertaining to the 
26restrictions being implemented. 
 
 
HB2902- 7 -LRB103 30879 MXP 57403 b


1 A home rule unit may not regulate personal delivery 
2devices in a manner inconsistent with this Section. This 
3subsection is a limitation under subsection (i) of Section 6 
4of Article VII of the Illinois Constitution on the concurrent 
5exercise by home rule units of powers and functions exercised 
6by the State.