Public Act 098-0567
 
SB1530 EnrolledLRB098 04216 MLW 34241 b


  
    AN ACT concerning transportation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  

  
 
    Section 5. The Illinois Vehicle Code is amended  by changing 
Section 11-1426.1 as follows:
 
    (625 ILCS 5/11-1426.1)
    Sec. 11-1426.1. Operation of non-highway vehicles on 
streets, roads, and highways.
    (a) As used in this Section, "non-highway vehicle" means a 
motor vehicle not specifically designed to be used on a public 
highway, including:
        (1) an all-terrain vehicle, as defined by Section 
    1-101.8 of this Code;
        (2) a golf cart, as defined by Section 1-123.9;
        (3) an off-highway motorcycle, as defined by Section 
    1-153.1; and
        (4) a recreational off-highway vehicle, as defined by 
    Section 1-168.8. 
    (b) Except as otherwise provided in this Section, it is 
unlawful
for any person to drive or operate a non-highway 
vehicle
upon any street, highway, or roadway in this State.  If 
the operation of a non-highway vehicle is authorized under 
subsection (d), the non-highway vehicle may be operated only on 
streets where the posted speed limit is 35 miles per hour or 
less.  This subsection (b) does not prohibit a non-highway 
vehicle from crossing a road or street at an intersection where 
the road or street has a posted speed limit of more than 35 
miles per hour.
    (b-5) A person may not operate a non-highway vehicle upon 
any street, highway, or roadway in this State unless he or she 
has a valid driver's license issued in his or her name by the 
Secretary of State or by a foreign jurisdiction.
    (c) No Except as otherwise provided in subsection (c-5), no 
person operating a non-highway vehicle shall make a direct 
crossing upon or across any highway under the jurisdiction of 
the State, tollroad,
interstate highway, or controlled access 
highway in this State. No person operating a non-highway 
vehicle shall make a direct crossing upon or across any other 
highway under the jurisdiction of the State except at an 
intersection of the highway with another public street, road, 
or highway. 
    (c-5) (Blank). A person may make a direct crossing at an 
intersection controlled by a traffic light or 4-way stop sign 
upon or across a highway under the jurisdiction of the State if 
the speed limit on the highway is 35 miles per hour or less at 
the place of crossing.
    (d) A municipality, township, county, or other unit of 
local government may authorize, by ordinance or resolution, the 
operation of non-highway vehicles on roadways under its 
jurisdiction if the unit of local government determines that 
the public safety will not be jeopardized.  The Department may 
authorize
the operation of non-highway vehicles on the roadways 
under its jurisdiction if the Department determines that the 
public safety will not be jeopardized. The unit of local 
government or the Department may restrict the types of 
non-highway vehicles that are authorized to be used on its 
streets.
    Before permitting the operation of non-highway vehicles on 
its roadways,
a municipality, township, county, other unit of 
local government, or the Department must consider the volume, 
speed, and character of traffic on the roadway and determine 
whether non-highway vehicles may safely travel on or cross the 
roadway.  Upon determining that non-highway vehicles may safely 
operate on a roadway and the adoption of an ordinance or 
resolution by a municipality, township, county, or other unit 
of local government, or authorization by the Department, 
appropriate signs shall be posted.
    If a roadway is under the jurisdiction of more than one 
unit of government, non-highway vehicles may not be operated on 
the roadway unless each
unit of government agrees and takes 
action as provided in this subsection.
    (e) No non-highway vehicle may be operated on a roadway 
unless, at a minimum, it has
the following: brakes, a steering 
apparatus, tires, a rearview mirror, red reflectorized warning 
devices in the front and rear, a slow moving emblem (as 
required of other vehicles in Section 12-709 of this Code) on 
the rear of the non-highway vehicle, a headlight that emits a 
white light visible from a distance of 500 feet to the front, a 
tail lamp that emits a
red light visible from at least 100 feet 
from the rear, brake lights, and turn signals.  When operated on 
a roadway, a non-highway vehicle shall have its headlight and 
tail lamps lighted as required by Section 12-201 of this Code.
    (f) A person who drives or is in actual physical control of 
a non-highway vehicle on a roadway while under the influence is 
subject to Sections 11-500 through 11-502 of this Code.
    (g) Any person who operates a non-highway vehicle on a 
street, highway, or roadway shall be subject to the mandatory 
insurance requirements under Article VI of Chapter 7 of this 
Code. 
    (h)  It shall not be unlawful for any person to drive or 
operate a non-highway vehicle, as defined in paragraphs (1) and 
(4) of subsection (a) of this Section, on a county roadway or 
township roadway for the purpose of conducting farming 
operations to and from the home, farm, farm buildings, and any 
adjacent or nearby farm land.
    Non-highway vehicles, as used in this subsection (h), shall 
not be subject to subsections (e) and (g) of this Section. 
However, if the non-highway vehicle, as used in this Section, 
is not covered under a motor vehicle insurance policy pursuant 
to subsection (g) of this Section, the vehicle   must be covered 
under a farm, home, or non-highway vehicle insurance policy 
issued with coverage amounts no less than the minimum amounts 
set for bodily injury or death and for destruction of property 
under Section 7-203 of this Code. Non-highway vehicles operated 
on a county or township roadway at any time between one-half 
hour before sunset and one-half hour after sunrise must be 
equipped with head lamps and tail lamps, and the head lamps and 
tail lamps must be lighted.
    Non-highway vehicles, as used in this subsection (h), shall 
not make a direct crossing upon or across any tollroad, 
interstate highway, or controlled access highway in this State. 
    Non-highway vehicles, as used in this subsection (h), shall 
be allowed to cross a State highway, municipal street, county 
highway, or road district highway if the operator of the 
non-highway vehicle makes a direct crossing provided:
        (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. 
    (i) No action taken by a unit of local government under 
this Section designates the operation of a non-highway vehicle 
as an intended or permitted use of property with respect to 
Section 3-102 of the Local Governmental and Governmental 
Employees Tort Immunity Act. 
(Source: P.A. 96-279, eff. 1-1-10; 96-1434, eff. 8-11-10; 
97-144, eff. 7-14-11.)
 
    Section 10. The Boat Registration and Safety Act is amended  
by changing Section 4-1 as follows:
 



    (625 ILCS 45/4-1)  (from Ch. 95 1/2, par. 314-1)



    Sec. 4-1. Personal flotation devices. 

    A.  No person may operate a watercraft
unless at least one 
U.S. Coast Guard approved PFD of the following types or
their 
equivalent is on board for each person:  Type I, Type II or Type 
III.

    B.  No person may operate a personal watercraft or specialty 
prop-craft
unless each person aboard is wearing a Type I, Type 
II, Type III or Type V
PFD approved by the United States Coast 
Guard.

    C.  No person may operate a watercraft 16 feet or more in 
length,
except a canoe or kayak, unless at least one Type IV 
U.S. Coast Guard
approved PFD or its equivalent is on board in 
addition to the PFD's
required in paragraph A of this Section.

    D.  A U.S. Coast Guard approved Type V personal flotation 
device may be
carried in lieu of the Type I, II, III or IV 
personal flotation device
required in this Section, if the Type 
V personal flotation device is
approved for the activity in 
which it is being used.

    E. When assisting a person on waterskis, aquaplane or 
similar
device, there must be one U.S. Coast Guard approved PFD 
on
board the watercraft for each person being assisted or towed 
or worn
by the person being assisted or towed.

    F. No person may operate a watercraft unless each device 
required by
this Section is:


        1. Readily accessible;


        2. In serviceable condition;


        3. Of the appropriate size for the person for whom it 
    is intended;
and


        4. Legibly marked with the U.S. Coast Guard approval 
    number.

    G. Approved personal flotation devices are defined as 
follows:


        Type I - A Type I personal flotation device is an 
    approved device
designed to turn an unconscious person in 
    the water from a face downward
position to a vertical or 
    slightly backward position and to have more
than 20 pounds 
    of buoyancy.


        Type II - A Type II personal flotation device is an 
    approved device
designed to turn an unconscious person in 
    the water from a face downward
position to a vertical or 
    slightly backward position and to have at
least 15 1/2 
    pounds of buoyancy.


        Type III - A Type III personal flotation device is an 
    approved device
designed to keep a conscious person in a 
    vertical or slightly backward
position and to have at least 
    15 1/2 pounds of buoyancy.


        Type IV - A Type IV personal flotation device is an 
    approved device
designed to be thrown to a person in the 
    water and not worn.  It is
designed to have at least 16 1/2 
    pounds of buoyancy.


        Type V - A Type V personal flotation device is an 
    approved device for
restricted use and is acceptable only 
    when used in the activity for which
it is approved.

    H. The provisions of subsections A through G of
this 
Section shall not apply to sailboards.

    I. No person may operate a watercraft under 26 feet in 
length unless a
Type I, Type II, Type III,
or Type V personal 
flotation device is being properly worn by each person
under

the age of 13 on board the watercraft at all times in which the 
watercraft is
underway; however, this requirement shall not 
apply to persons who are below
decks or in totally enclosed 
cabin spaces.
 The provisions of this subsection I shall not 
apply to a person operating a
watercraft on private property.

    J. Racing shells, rowing sculls, racing canoes, and racing 
kayaks are exempt from the PFD, of any type, carriage 
requirements under this Section provided that the racing shell, 
racing scull, racing canoe, or racing kayak is participating in 
an event sanctioned by the Department as a PFD optional event. 
The Department may adopt rules to implement this subsection. 
(Source: P.A. 97-801, eff. 1-1-13.)