Driver's license required in Lake Forest to ride on a limited number of roads

http://www.cityoflakeforest.com/ps/pd/ps_pd2b4a.htm

Only a duly licensed motor vehicle operator with a valid motor vehicle operators license in their possession may operate a bicycle upon the streets in the central business district between 8:00 a.m. and 6:00 p.m.

No bicycle shall be operated upon the streets designated below, but shall be ridden upon the sidewalks where available, unless the operator of such bicycle is a duly licensed motor vehicle operator and has a valid motor vehicle operators license in their possession. Such streets include:

Waukegan Road
Route 41
Green Bay Road
Western Avenue from Westleigh Road north to business district. (a) Franklin to Thomas on east side.
Sheridan Road
Deerpath from Waukegan Road east to Oakwood Avenue
Deerpath east from Western Avenue to Lake Road
Westleigh Road from Route 41 east to Sheridan Road
McKinley Road
Old Elm Road from Route 41 to east limits
Route 60

I have a question for those attorneys that might be familiar with Illinois bicycle law.

Is it legal for a community to require that a cyclist must be a licensed driver in order to operate a bicycle on the roadway?

Looking at it another way, should a cyclist lose their permitted right to the road because they do not have a valid driver's license?

In October of 1998 in Boub v Township of Wayne, the Illinois Supreme Court decided that bicycles are permitted, not intended users of the road.

"In sum, there are no affirmative manifestations here that Wayne Township intended-rather than simply permitted-bicyclists to use the road and bridge where the accident occurred. We have no quarrel with the proposition that bicycle riders are permitted users of the road and bridge involved in this case; we do not believe, however, that they must also be considered intended users of those facilities, within the scope of section 3-102(a) of the Tort Immunity Act. There is no question of fact on this record, and summary judgment was appropriately entered in favor of the defendants."

Intended versus permitted status is a big deal in the State of Illinois. If bicycles were intended uses, then the government entity would be liable for maintaining the roads in a condition that made cycling safe. Since bicycles have been deemed permitted, it's ride at your own risk.

The attorneys here can tell me if I misinterpreted the supreme court decision.

By raising the bar for use of this very specific set of roads by cyclists, does the City of Lake Forest ordinance inadvertently give a restricted class of cyclists status as intended users of the road?

Would the city then be held to a higher standard with regard to maintaining the roads in a safe condition for this restricted class of users?

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Replies to This Discussion

Permalink Reply by Jennifer on the lake on June 7, 2012 at 2:28pm

The North Shore communities are among the oldest, most established suburbs in Chicagoland precisely because of Metra's predecessors. It could be why they feel so entitled to do whatever they want.

James BlackHeron said:

I guess I won't be visiting Lake Forest any time soon -unless it is "en mass." I'll continue to spend my money in the City of Chicago.

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Permalink Reply by Chris C on June 7, 2012 at 2:46pm

Kevin C said:

Put me down for "I don't give a rat's ass what Lake Forest does with its roads."

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Permalink Reply by Chuckchuck on June 7, 2012 at 3:56pm

They want you to have your license so they can ticket you period.

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Permalink Reply by Mike Fiasco on June 7, 2012 at 4:09pm

I guess the requirement for having a drivers licence is for the cops to issue tickets.

This bums me out though. I have a friend who does not have a drivers license due to a medical condition. He's a responsible adult who bikes all the time. The Lake Forest city council won't allow him on certain roads at certain times?

Also, this assumes teens under 16 on bicycles are not welcome on these roads.

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Permalink Reply by Mike Schwab on June 7, 2012 at 6:22pm

No motor, no license required.

   (625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101)
    Sec. 6-101. Drivers must have licenses or permits.
    (a) No person, except those expressly exempted by Section 6-102 [out of state], shall drive any ***motor*** vehicle upon a highway in this State unless such person has a valid license or permit, or a restricted driving permit, issued under the provisions of this Act.

(625 ILCS 5/11-1516)
Sec. 11-1516. Low-speed bicycles.

(d) Except as otherwise provided in this Section, the provisions of this Article XV that apply to bicycles also apply to low-speed electric bicycles and low-speed gas bicycles.
(Source: P.A. 96-125, eff. 1-1-10.)

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Permalink Reply by James BlackHeron on June 7, 2012 at 9:08pm

Ah, I've been on that trail many times and have rode through Lake Forrest without even knowing it.

Now that I know about it I'll be sure not to ever stop or spend any money there.

John S. said:

James,

It is on a nice trail that goes right through the parking lot of the Metra station in LF. This trail connects to other trails that take you as far north as the Wisconsin state line or as far south as the Metra station in Wilmette.

Lake Forest is a beautiful suburb, with low speed limits (25 mph) a low population density (fewer cars), and many shaded, tree lined streets.

There are two paved trails that run right through LF. The metra station trail mentioned above is number one. The other runs parallel to hwy 41 and runs from 176 to Lake Cook rd. This trail will also connect to the trail above via a trail that runs along 176. The 176 route trail will take you east to Lake Bluff/Lake Forest or west to the Des Plaines River trail.

Based on your requirements, this bohonk exurb exists very nicely :)

James BlackHeron said:

Unless it on a nice trail, or nearby a Metra station these bohonk exurbs don't even exist IMHO.

Screw 'em.

The black squiggly lines on the map below are all bike trails. The blue line just shows some of the bike paths and connecting paths going through LF.

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Permalink Reply by ilter on June 7, 2012 at 10:29pm

I have not read all the posts, sorry if this is irrelevant, but i have a quick note..

Would not it be nice if part of the driving test, for able candidates, was to bike a quarter mile or so on somewhere like Milwaukee Ave. ? Following the same logic, cab drivers could try manoeuvring CTA buses during rush hour in downtown while fellow cab drivers zig & zag :)