Why Elgin is giving state a chance to pass legislation before addressing e-bike, scooter laws

Elgin officials are waiting until the state’s spring legislation session is over to see if any proposed regulations regarding e-bikes and other micromobility devices pass before suggesting their own citywide ordinance.

Giovanni Jungo, the city’s senior management analyst, and police Cmdr. Scott Holmes updated the Elgin City Council last week about proposed state legislation that would regulate electric bikes, e-scooters, hoverboards and other small, personal transportation devices.

They also offered suggestions for city action if state lawmakers don’t approve comprehensive regulations.

Existing state legislation regulates low-speed electric bicycles (up to 28 mph) and scooters (10 to 20 mph). However, it does not address high-speed electric bikes, skateboards, unicycles, scooters or e-motor bikes. Many of those devices can reach speeds over 50 mph.

“Illinois has recognized that the current vehicle code has not fully kept pace with how quickly these devices have evolved,” Jungo said. “The state has been very clear that unclear rules put everyone at risk.”

Jungo said many of the devices could fall under motor vehicle laws. But they can’t be registered, don’t have VIN numbers, and lack the required safety equipment.

“Illinois law never clearly classified them, so they sit in the legal gray area,” he said.

Illinois Secretary of State Alexi Giannoulias has urged municipalities not to rush into local ordinances while the state works to create a uniform code.

Many communities started creating their own ordinances last fall, which Jungo said caused confusion as riders went from town to town.

“It would be the equivalent of driving your car and going from Elgin to South Elgin and having different rules and regulations,” he said.

Holmes said the city’s current code hasn’t changed in about a dozen years and doesn’t distinguish between the different types of devices that exist today. He said current enforcement efforts focus on safety and education, rather than citations.

Jungo said statewide legislation would help define devices and establish safety rules, including age limits, helmet requirements, and where the devices are allowed to operate. It would also clarify enforcement authority for police.

If the state fails to pass regulations, the city could model its ordinance on statutes recently passed in Rolling Meadows, St. Charles and Lombard. Jungo added that if state legislation is approved, the city could still add more restrictions.