Se habla Español | Wir sprechen Deutsch | Mówimy po polsku
Spanish Translation German Translation Polish Translation
Contact us for your initial consultation
847.577.8700
posted on 9/4/16

For better or worse, bicyclists in Chicagoland now have the same rights as motorcyclists, truck drivers, and all other motor vehicle operators, thanks to House Bill 5192.

Rep. Anna Moeller (D-Elgin) sponsored the measure, and a local attorney helped draft it. In its final form, H.B. 5192 is much more of a clarification of existing law as opposed to something new because the Vehicle Code already says that bicyclists have the same rights as motorists. Calls for change came after the legal controversy surrounding the death of 68-year-old bicyclist and Vietnam veteran Dennis Jurs in Kane County. In this incident, a motorist who had a stop sign struck Mr. Jurs and killed him, even though he did not have a stop sign. State Circuit Judge Donald Tegeler Jr. eventually threw out the motorist’s citation for failure to yield the right of way, citing conflicting authority on the subject.

Rep. Moeller introduced H.B. 5192 shortly thereafter, and after some of its language was narrowed to assuage the fears of the Illinois State Police, the measure drew only one dissenting vote as it breezed through both houses.

Right of Way and Bicycles

The good news about H.B. 5192 is that it puts to rest any arguments that bicyclists should be treated differently from motorists. Although there are designated bicycle lanes in many parts of Chicago and other large cities, that is certainly not always the case. So, when there is no designated lane, H.B. 5192 codifies the “share the road” slogan in terms of:

  • Right of Way: In the fatal crash described above, the driver apparently stopped at the stop sign and then proceeded into the intersection without waiting for Mr. Jurs to safely pass, and such actions are now clearly illegal.
  • Rules of the Road: Rightly or wrongly, bicyclists have the reputation of treating “stop” signs as “yield” signs, and traffic enforcement officers will now have no tolerance for this behavior.
  • Helmets: Barrington, Chicago, Libertyville, and a few other Illinois municipalities have bicycle helmet laws, and they will probably be enforced like the seat belt law.

Bicyclists must also signal before turning or stopping and must have state-mandated safety equipment, like front and rear reflectors.

DUI and Bicycles

The bad news about H.B. 5192 is that it puts to rest any arguments that bicyclists should be treated differently from motorists. Under the state’s DUI law, sitting on a non-moving bicycle while intoxicated is every bit as illegal as driving a pickup truck on Lake Shore Drive while intoxicated.

11-501(a) states that “A person shall not drive or be in actual physical control of any vehicle within this State” (emphasis added) while under the influence or having a BAC above .08. To be in actual physical control of a vehicle means to be behind the wheel, or behind the handlebars, with the intent and/or ability to put the vehicle in motion. Furthermore, a “vehicle” is basically defined as anything artificial that moves, including cars, trucks, bicycles, mopeds, motorcycles, boats, Little Red Wagons, and almost anything else.

Reach Out to Aggressive Lawyers

Bicyclists have the same rights and responsibilities as motor vehicle drivers. For a free consultation with an assertive criminal defense lawyer in Schaumburg, contact Glasgow & Olsson. Convenient payment plans are available.

(image courtesy of Jessica Gale)