Public Act 104-0854: Changes to E-Bike and Micromobility Device Legislation

Effective January 1, 2027, Public Act 104-0854 (the “Act”) substantially revises the Illinois Vehicle Code. The Act responds to the growing use of electric bikes, scooters, and other personal mobility devices by establishing new statutory definitions and a statewide framework for their operation. The legislation also clarifies when units of local government may regulate these devices.

New Definitions, Classifications, and Regulations

Electric Mobility Devices. One of the most significant aspects of the legislation is the creation of the new category of “electric micromobility devices.” The Act defines an electric micromobility device as a lightweight, low-speed, electric-powered device primarily used for personal transportation and operated at speeds up to 28 miles per hour. 625 ILCS 5/1-117.6 The definition includes electric skateboards, electric unicycles, low-speed electric scooters, and high-speed electric scooters. Id. Electric micromobility devices may only be operated by individuals who are at least 16 years old. 625 ILCS 5/11-1435. Operation of such devices is prohibited on all sidewalks, interstate highways, and highways with speed limits exceeding 35 miles per hour and is allowed on highways with speed not exceeding 35 miles per hour, streets, roadways bicycle paths and bicycle lanes except as regulated by park districts, forest preserve districts, conservation districts, and transit districts as set forth below Id.

Low-Speed Electric Bikes.  While the new legislation does not alter the definition of low-speed electric bicycles, it clarifies that any electric cycle which is not a low-speed electric cycle is considered a motor drive cycle, and subject to applicable motor vehicle requirements as detailed below. 625 ILCS 5/1-140.10. A low-speed electric bicycle must have operable pedals, a motor of less than 750 watts, and fall within one of the three classes. Class 1 and 2 bicycles are limited to motor assistance up to 20 miles per hour, while Class 3 bicycles may provide pedal assistance up to 28 miles per hour. Id.  The new legislation also provides that Class 1 and 2 low-speed electric bicycles may only be operated by individuals who are at least 15 years old. 625 ILCS 5/11-1517. Class 3 low-speed electric bicycles may only be operated by individuals who are at least 16 years old. Id.  Operation of such devices is prohibited on all sidewalks and is allowed on highways, streets, roadways, bicycle paths and bicycle lanes as except as regulated by park districts, forest preserve districts, conservation districts and transit districts as set forth below. Id.  

Low-Speed Gas Bicycle: Similar to the low-speed electric bicycle, the new legislation does not change the definition of a low-speed gas bicycle but clarifies that any gas cycle which is not a low-speed gas cycle is considered a motor drive cycle, and subject to applicable motor vehicle requirements as detailed below.  A low-speed gas bicycle is defined as a two- or three-wheeled device with fully operable pedals and a gasoline motor of less than one horsepower or 15 cubic centimeter displacement that is operated at speeds of up to 28 miles per hour.  625 ILCS 5/1-140.15.  Low speed gas bicycles may only be operated by individuals who are at least 16 years old. 625 ILCS 5/11-1516. Operation of such devices is prohibited on all sidewalks and is allowed on highways, streets, roadways, bicycle paths and bicycle lanes except as regulated by park districts, forest preserve districts, conservation districts, and transit districts as set forth below.   Id.

Motor Drive Cycles. The Act also revised the definition of motor driven cycles. Any electric bicycle that exceeds the statutory low-speed electric bicycle classification, whether because it exceeds the 28 mile per hour limitation or because it exceeds the 750-watt motor limitation, is classified as a motor driven cycle. 625 ILCS 5/1-145.001.  Likewise, any gas bicycle that exceeds the low-speed gas bicycle classification is treated as a motor driven cycle. Id. Motor driven cycles are subject to much stricter regulations than low-speed bicycles. Beginning January 1, 2027, any newly purchased motor-driven cycle must be titled with the Secretary of State before it may be operated on a public highway. 625 ILCS 5/11-1403.4.  Operators must possess a valid driver’s license, and the vehicles are subject to the same insurance requirements applicable to motor vehicles. Id. Motor-driven cycles are prohibited on sidewalks, bicycle lanes, bicycle paths, other bicycle-specific facilities, or interstate highways. Id.

Toy Vehicles. The Act creates a new statutory definition of toy vehicles which includes any battery powered ride-on vehicles intended for children under eight years of age and designed not to exceed 10 miles per hour. 625 ILCS 5/1-205.5. Toy vehicles may be operated on sidewalks and bicycle paths and on any property owned, managed, operated or leased by any municipality, park district, forest preserve district, conservation district or transit district unless specifically prohibited by the municipality, park district, forest preserve district, conservation district or transit district by ordinance or resolution.  625 ILCS 5/11-1008.5

Specific Regulation Authority

Electric Mobility Devices, Low-Speed Electric Bicycles and Low-Speed Gas Bicycles. As indicated above, park districts, forest preserve districts, conservation districts, and transit districts are expressly authorized to regulate the use of electric mobility devices, low-speed bicycles and low-speed gas bicycles on bicycle paths under their jurisdiction through ordinance or resolution. This means that these districts retain discretion to determine whether electric mobility devices, low-speed bicycles and low-speed gas bicycles should be permitted, restricted, or prohibited on bicycle paths.  However, use of such devices on this property is permitted under the Vehicle Code UNLESS the district specifically states otherwise through an ordinance or resolution.

The Act expressly prohibits other units of local government, including home-rule municipalities, from regulating each of the above stated devices. The Act provides that regulation of electric micromobility devices, low-speed electric bicycles, and low-speed gas bicycles is an exclusive power of the State and may not be exercised concurrently by a home-rule unit of government. Accordingly, municipalities, including home-rule units, lack authority to impose their own regulatory requirements governing the operation of these devices.

Motor Driven Cycles.  These devices generally may not be regulated by any unit of local government because the State has reserved authority over these vehicles. Park districts and municipalities should be aware, however, of the new signage requirement related to motor driven cycles. On any bicycle lane, bicycle path, shared-use path, off-road bicycle trail, natural surface trail, or other bicycle-specific facility where motor driven cycles are prohibited, the governmental entity having jurisdiction must install permanent signage or pavement markings notifying users of the prohibition. 625 ILCS 5/11-317.  Local governments may therefore need to evaluate existing trail signage and budget for updates before the law’s effective date.

Toy Vehicles. The Act addresses toy vehicles by providing that they may generally be used on local government property unless specifically prohibited by ordinance or resolution. 625 ILCS 5/11-1008.5.  Accordingly, municipalities and park districts wishing to restrict toy vehicles on playgrounds, trails, parks, bike paths, or other public facilities will need to adopt an ordinance or resolution affirmatively prohibiting their use.

Contact your Robbins Schwartz attorney with any questions regarding potential impacts of this legislation on your institution.