Illinois Bill Proposes Regulations for E-Bikes, E-Scooters, and Similar Devices
After Public Act 103-899 was signed into law in August 2024 (regulating low-speed electric bikes), some Illinois local governments adopted a patchwork of regulations governing the operation of low-speed electric bicycles and low-speed electric scooters in their communities. In an effort to promote statewide uniformity, the Illinois General Assembly is considering Senate Bill 3336, which, if passed in both houses, would enact sweeping changes to the authority and scope of local government regulations for these and other devices and vehicles.
This post analyzes some of most important changes proposed by the bill.
Electric Micromobility Devices (EMDs)
First, SB 3336 would repeal Section 11-1518 of the Illinois Vehicle Code (Code), and replace it with a new section regulating “electric micromobility devices.” The bill broadly defines an electric micromobility device (EMD) to mean a light-weight, low-speed, electric-powered device primarily used for personal transportation and operated at speeds up to 28 miles per hour (including low and high-speed electric scooters, electric skateboards, and electric unicycles).
If passed, SB 3336 would generally permit people at least 16 years of age to operate an EMD on any highway, roadway, or bicycle lane/path in Illinois in a manner that does not impede vehicular traffic—but would prohibit their operation on sidewalks, interstate highways, or on highways with a posted speed limit exceeding 35 mph (unless it has a designated bike lane). For EMD’s operating in excess of 28 miles per hour, SB 3336 would prohibit their operation on any public highway, bike path, or bike lane, regardless of speed limit. The bill expressly exempts operators of EMD’s from obtaining a drivers license (or permit), registration, certificate of title, or liability insurance. SB 3336 would also authorize local law enforcement agencies to confiscate and impound an EMD operated in violation of the Code, and release the EMD upon payment of a reasonable administrative fee related to its confiscation and impoundment. If passed, SB 3336 would expressly preempt local governments (including home rule units) from regulating EMDs in a manner inconsistent with the Code.
Motor Driven Cycles
Second, SB 3336 creates a new section regulating the operation of “motor driven cycles,” which are broadly defined to include (1) every motorcycle, moped, and every motor scooter with an internal combustion engine of less than 150 cubic centimeter piston displacement, (2) an electric motor with a nominal power rating of greater than 750 watts but less than or equal to 8,000 watts, (3) or motorized pedalcycles and every electric bicycle or gas-powered bicycle that is not a low-speed electric bicycle or low-speed gas bicycle.
If passed, SB 3336 would generally allow people possessing a drivers license (or an instruction permit in certain circumstances) to operate a motor driven cycle on public highways, streets, and roadways—but would prohibit their operation on sidewalks, bike paths, bike lanes, shared-use paths, off-road bike trails, natural surface trails designated for bike use, or any other bike-specific facility established by State or local law. In contrast to EMD’s, operators of motor driven cycles must have a drivers license (or permit), liability insurance, and must generally acquire a certificate of title. Similar to EMD restrictions, SB 3336 also authorizes local law enforcement agencies to confiscate and impound motor driven cycles operated in violation of the Code, and release them upon payment of a reasonable administrative fee related to its confiscation and impounding. If passed, SB 3336 would expressly preempt local governments (including home rule units) from regulating motor driven cycles in a manner inconsistent with the Code.
Low-Speed Electric Bicycles (E-Bikes and Gas-Bikes)
SB 3336 also proposes various changes to the Code provisions regarding low-speed electric bicycle (e-bikes) and low-speed gas bicycle regulations (gas-bikes). Currently, the Code has no minimum age requirement to operate Class 1 and 2 e-bikes. SB 3336, if passed, would require operators of Class 1 and 2 e-bikes to be at least 15 years old. Currently, the Code authorizes local governments to prohibit the operation of e-bikes on designated bike paths. SB 3336, if passed, would take that power away from local governments, and instead authorize the operation of e-bikes on any bike path unless “the State agency with jurisdiction” prohibits using e-bikes, or a specific class of e-bike, on designated bike paths. SB 3336, if passed, would also expressly preempt local governments (including home rule units) from regulating e-bikes or gas bikes in a manner inconsistent with the Code.
Toy Vehicles
SB 3336 also proposes a new definition for “toy vehicle,” which includes any battery powered ride-on toy that (i) is designed to not exceed 10 miles per hour, (ii) includes any number of wheels or handlebars or a steering wheel, and a seat or platform, and (iii) is designed for children under 8 years of age, including products like "Razor," "Power Wheels," and similar products.
If passed, SB 3336 would authorize the operation of toy vehicles on local government property, unless the local government adopts an ordinance or resolution specifically prohibiting their use. Toy vehicles would also be prohibited from operating on sidewalks and paths designated for bicycles. The bill, if passed, would preempt local governments (including home rule units) from regulating toy vehicles in a manner less restrictive than the Code.
Post Authored by Eugene Bolotnikov, Ancel Glink
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