The Law Offices of James M. Freeman, P.C.

The price of gas is driving a wedge between Chicagoans and their beloved cars. A lot of people are choosing alternative forms of transportation. Among other things, this means that we're starting to see a lot more mopeds and motorcycles on the roads.

Moped owners seem to be under the illusion that all sorts of laws for bicycles apply to mopeds. This may be partly due to the fact that they do share some requirements with respect to riding positions on Illinois Roadways, and certain provisions of the Illinois Vehicle Code that apply to mopeds, or motorized pedalcycles with less than 50cc of displacement. Motor Driven Cycles must ride as close to the right side of the road as practicable and safe when they can't keep up with the speed of traffic, just like bicycle. Some moped users think this gives them the right to use bicycle lanes in the City of Chicago, which it does not.

The misinformation may also have something to do with overzealous moped salesmen. I had a friend who purchased a moped a couple years ago, and the sales guy told him a bunch of stuff that just wasn't true. For instance, he told my friend that mopeds are allowed to operate in bicycle lanes.

Although there are certain provisions of Illinois law that apply to mopeds with less than 50cc of displacement, Chicago makes no such distinction. There are vehicles (not human power) and bicycles (human power). Chicago Municipal Code specifically prohibits any "vehicles" from using designated bike lanes. Chicago Municipal Code further defines a vehicle as, "every device in, upon or by which any person or property is or may be transported or drawn upon a street or highway, except motorized wheelchairs, devices moved solely by human power, devices used exclusively upon stationary rails or tracks and snowmobiles, as defined in the Snowmobile Registration and Safety Act of Illinois." Clearly, mopeds and motorcycles fall under the definition of a "vehicle," and are therefore prohibited from using bicycle lanes within the City of Chicago.

It's dangerous for mopeds and motorcycles to operate in bike lanes as well. If you are involved in an accident, or caused to wreck because someone was operating their moped or motorcycle in a bike lane, you should treat it as any other accident. Call the police, exchange information, take some pictures and get medical treatment.

See relevant provision of the Chicago Municipal Code:

9-40-060 Driving, standing or parking on bicycle paths or lanes prohibited [as of March 2008]
The driver of a vehicle shall not drive, unless entering or exiting a legal parking space, or stand, or park the vehicle upon any on street path or lane designated by official signs or markings for the use of bicycles, or otherwise drive or place the vehicle in such a manner as to impede bicycle traffic on such path or lane. The driver of a vehicle shall not stand or park the vehicle upon any lane designated by pavement markings for the shared use of motor vehicles and bicycles, or place the vehicle in such a manner as to impede bicycle traffic on such lane. In addition to the fine provided in Section 9-4-025 of this Code, any vehicle parked in violation of this section shall be subject to an immediate tow and removal to a city vehicle pound or authorized garage.

Amended Coun. J. 3-12-08, p. 22783

9-4-025 Bicycle safety violation–Penalty [as of March 2008]
(a) Any person who violates subsection (e) or (f) of section 9-16-020, subsection (c) of section 9-36-010, or section 9-40-060, of this Code, shall be subject to (i) a penalty of $150.00 or, (ii) if such violation causes a collision between a motor vehicle and a bicycle, a penalty of $500.00, for each offense.

(b) Any person who violates sections 9-40-160 or 9-80-035 of this Code, when such violation interferes with the movement of a bicycle, shall be subject to (i) a penalty of $150.00 or, (ii) if such violation causes a collision between a motor vehicle and a bicycle, a penalty of $500.00,
for each offense.

Added Coun. J. 3-12-08, p. 22786

9-4-010 Definitions.
"Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a street or highway, except motorized wheelchairs, devices moved solely by human power, devices used exclusively upon stationary rails or tracks and snowmobiles, as defined in the Snowmobile Registration and Safety Act of Illinois.
"Bicycle" means every device propelled solely by human power upon which any person may ride, having two tandem wheels and including any device generally recognized as a bicycle though equipped with two front or two rear wheels.

See relevant portions of the Illinois Vehicle Code:

Sec. 11-1505. Position of bicycles and motorized pedal cycles on roadways - Riding on roadways and bicycle paths.
(a) Any person operating a bicycle or motorized pedal cycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable and safe to the right-hand curb or edge of the roadway except under the following situations:
1. When overtaking and passing another bicycle, motorized pedal cycle or vehicle proceeding in the same direction; or
2. When preparing for a left turn at an intersection or into a private road or driveway; or
3. When reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, motorized pedal cycles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to continue along the right-hand curb or edge. For purposes of this subsection, a "substandard width lane" means a lane that is too narrow for a bicycle or motorized pedal cycle and a vehicle to travel safely side by side within the lane.
4. When approaching a place where a right turn is authorized.
(b) Any person operating a bicycle or motorized pedal cycle upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable.
(Source: P.A. 95-231, eff. 1-1-08.)