100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5275

 

Introduced , by Rep. Christine Winger

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-1426.1

    Amends the Illinois Vehicle Code. Provides that non-highway vehicles may make a direct crossing upon any street, highway, or road if: (1) the crossing is made at an angle of approximately 90 degrees to the direction of the street, road, or highway and at a place where no obstruction prevents a quick and safe crossing; (2) the non-highway vehicle is brought to a complete stop before attempting a crossing; (3) the operator of the non-highway vehicle yields the right of way to all pedestrian and vehicular traffic which constitutes a hazard; and (4) that when crossing a divided highway, the crossing is made only at an intersection of the highway with another public street, road, or highway.


LRB100 18046 LNS 33235 b

 

 

A BILL FOR

 

HB5275LRB100 18046 LNS 33235 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 11-1426.1 as follows:
 
6    (625 ILCS 5/11-1426.1)
7    Sec. 11-1426.1. Operation of non-highway vehicles on
8streets, roads, and highways.
9    (a) As used in this Section, "non-highway vehicle" means a
10motor vehicle not specifically designed to be used on a public
11highway, including:
12        (1) an all-terrain vehicle, as defined by Section
13    1-101.8 of this Code;
14        (2) a golf cart, as defined by Section 1-123.9;
15        (3) an off-highway motorcycle, as defined by Section
16    1-153.1; and
17        (4) a recreational off-highway vehicle, as defined by
18    Section 1-168.8.
19    (b) Except as otherwise provided in this Section, it is
20unlawful for any person to drive or operate a non-highway
21vehicle upon any street, highway, or roadway in this State. If
22the operation of a non-highway vehicle is authorized under
23subsection (d), the non-highway vehicle may be operated only on

 

 

HB5275- 2 -LRB100 18046 LNS 33235 b

1streets where the posted speed limit is 35 miles per hour or
2less. This subsection (b) does not prohibit a non-highway
3vehicle from crossing a road or street at an intersection where
4the road or street has a posted speed limit of more than 35
5miles per hour.
6    (b-3) Except as provided under subsection (c), non-highway
7vehicles may make a direct crossing if:
8        (1) the crossing is made at an angle of approximately
9    90 degrees to the direction of the street, road, or highway
10    and at a place where no obstruction prevents a quick and
11    safe crossing;
12        (2) the non-highway vehicle is brought to a complete
13    stop before attempting a crossing;
14        (3) the operator of the non-highway vehicle yields the
15    right of way to all pedestrian and vehicular traffic which
16    constitutes a hazard; and
17        (4) that when crossing a divided highway, the crossing
18    is made only at an intersection of the highway with another
19    public street, road, or highway.
20    (b-5) A person may not operate a non-highway vehicle upon
21any street, highway, or roadway in this State unless he or she
22has a valid driver's license issued in his or her name by the
23Secretary of State or by a foreign jurisdiction.
24    (c) No person operating a non-highway vehicle shall make a
25direct crossing upon or across any tollroad, interstate
26highway, or controlled access highway in this State. No person

 

 

HB5275- 3 -LRB100 18046 LNS 33235 b

1operating a non-highway vehicle shall make a direct crossing
2upon or across any other highway under the jurisdiction of the
3State except at an intersection of the highway with another
4public street, road, or highway.
5    (c-5) (Blank).
6    (d) A municipality, township, county, or other unit of
7local government may authorize, by ordinance or resolution, the
8operation of non-highway vehicles on roadways under its
9jurisdiction if the unit of local government determines that
10the public safety will not be jeopardized. The Department may
11authorize the operation of non-highway vehicles on the roadways
12under its jurisdiction if the Department determines that the
13public safety will not be jeopardized. The unit of local
14government or the Department may restrict the types of
15non-highway vehicles that are authorized to be used on its
16streets.
17    Before permitting the operation of non-highway vehicles on
18its roadways, a municipality, township, county, other unit of
19local government, or the Department must consider the volume,
20speed, and character of traffic on the roadway and determine
21whether non-highway vehicles may safely travel on or cross the
22roadway. Upon determining that non-highway vehicles may safely
23operate on a roadway and the adoption of an ordinance or
24resolution by a municipality, township, county, or other unit
25of local government, or authorization by the Department,
26appropriate signs shall be posted.

 

 

HB5275- 4 -LRB100 18046 LNS 33235 b

1    If a roadway is under the jurisdiction of more than one
2unit of government, non-highway vehicles may not be operated on
3the roadway unless each unit of government agrees and takes
4action as provided in this subsection.
5    (e) No non-highway vehicle may be operated on a roadway
6unless, at a minimum, it has the following: brakes, a steering
7apparatus, tires, a rearview mirror, red reflectorized warning
8devices in the front and rear, a slow moving emblem (as
9required of other vehicles in Section 12-709 of this Code) on
10the rear of the non-highway vehicle, a headlight that emits a
11white light visible from a distance of 500 feet to the front, a
12tail lamp that emits a red light visible from at least 100 feet
13from the rear, brake lights, and turn signals. When operated on
14a roadway, a non-highway vehicle shall have its headlight and
15tail lamps lighted as required by Section 12-201 of this Code.
16    (f) A person who drives or is in actual physical control of
17a non-highway vehicle on a roadway while under the influence is
18subject to Sections 11-500 through 11-502 of this Code.
19    (g) Any person who operates a non-highway vehicle on a
20street, highway, or roadway shall be subject to the mandatory
21insurance requirements under Article VI of Chapter 7 of this
22Code.
23    (h) It shall not be unlawful for any person to drive or
24operate a non-highway vehicle, as defined in paragraphs (1) and
25(4) of subsection (a) of this Section, on a county roadway or
26township roadway for the purpose of conducting farming

 

 

HB5275- 5 -LRB100 18046 LNS 33235 b

1operations to and from the home, farm, farm buildings, and any
2adjacent or nearby farm land.
3    Non-highway vehicles, as used in this subsection (h), shall
4not be subject to subsections (e) and (g) of this Section.
5However, if the non-highway vehicle, as used in this Section,
6is not covered under a motor vehicle insurance policy pursuant
7to subsection (g) of this Section, the vehicle must be covered
8under a farm, home, or non-highway vehicle insurance policy
9issued with coverage amounts no less than the minimum amounts
10set for bodily injury or death and for destruction of property
11under Section 7-203 of this Code. Non-highway vehicles operated
12on a county or township roadway at any time between one-half
13hour before sunset and one-half hour after sunrise must be
14equipped with head lamps and tail lamps, and the head lamps and
15tail lamps must be lighted.
16    Non-highway vehicles, as used in this subsection (h), shall
17not make a direct crossing upon or across any tollroad,
18interstate highway, or controlled access highway in this State.
19    Non-highway vehicles, as used in this subsection (h), shall
20be allowed to cross a State highway, municipal street, county
21highway, or road district highway if the operator of the
22non-highway vehicle makes a direct crossing provided:
23        (1) the crossing is made at an angle of approximately
24    90 degrees to the direction of the street, road or highway
25    and at a place where no obstruction prevents a quick and
26    safe crossing;

 

 

HB5275- 6 -LRB100 18046 LNS 33235 b

1        (2) the non-highway vehicle is brought to a complete
2    stop before attempting a crossing;
3        (3) the operator of the non-highway vehicle yields the
4    right of way to all pedestrian and vehicular traffic which
5    constitutes a hazard; and
6        (4) that when crossing a divided highway, the crossing
7    is made only at an intersection of the highway with another
8    public street, road, or highway.
9    (i) No action taken by a unit of local government under
10this Section designates the operation of a non-highway vehicle
11as an intended or permitted use of property with respect to
12Section 3-102 of the Local Governmental and Governmental
13Employees Tort Immunity Act.
14(Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.)