HB5503 102ND GENERAL ASSEMBLY

LRB102 26080 RJT 35547 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5503

Introduced 1/31/2022, by Rep. Daniel Swanson

SYNOPSIS AS INTRODUCED:

625 ILCS 5/1-101.8	from Ch. 95 1/2, par. 1-102.02
625 ILCS 5/11-1426.1
625 ILCS 5/11-1426.3 new

Amends the Illinois Vehicle Code. Changes the definition of "all-terrain vehicle" to mean certain vehicles that are 74 (instead of 50) inches or less in width. Permits the operation of all-terrain vehicles meeting certain criteria on any street, roadway, or highway in this State, unless the highway is an interstate system, is near a grade-separated portion of the highway, or has a posted speed limit higher than 55 miles per hour. Provides that an all-terrain vehicle may be registered in the same manner as provided for snowmobiles and shall comply with the registration, fees, insurance, and other requirements for snowmobiles under the Snowmobile Registration and Safety Act. Outlines the vehicle equipment requirements for the operation of an all-terrain vehicle on a roadway.

A BILL FOR

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 Sections 1-101.8 and 11-1426.1 and by adding Section 11-1426.3 as follows:

(625 ILCS 5/1-101.8) (from Ch. 95 1/2, par. 1-102.02)

Sec. 1-101.8. All-terrain vehicle. Any motorized off-highway device designed to travel primarily off-highway, 74 50 inches or less in width, having a manufacturer's dry weight of 1,500 pounds or less, traveling on 3 or more non-highway tires, designed with a seat or saddle for operator use, and handlebars or steering wheel for steering control, except equipment such as lawnmowers.

(Source: P.A. 96-428, eff. 8-13-09.)

(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) (blank); 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 person operating a non-highway vehicle shall make a direct crossing upon or across any 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).

(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. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.)

(625 ILCS 5/11-1426.3 new)

Sec. 11-1426.3. Operation of an all-terrain vehicle on streets, roads, and highways.

(a) Except as provided in subsection (b), an individual may operate an all-terrain vehicle, as defined by Section 1-101.8 of this Code, on a street, roadway, or highway if the all-terrain vehicle has a combustion engine with a piston or rotor displacement of 400 cubic centimeters or greater and is capable of maintaining speeds of 40 miles per hour or greater.

(b) An individual may not operate an all-terrain vehicle on a highway if:

(1) the highway is an interstate system; or

(2) the highway is near a grade-separated portion of the highway; or

(3) the highway has a posted speed limit higher than 55 miles per hour.

Nothing in this Section authorizes the operation of an all-terrain vehicle in an area that is not open to motor vehicle use.

(c) An all-terrain vehicle may be registered in the same manner as provided for snowmobiles and shall comply with the registration, fees, insurance, and other requirements for snowmobiles pursuant to the Snowmobile Registration and Safety Act.

(d) The owner of an all-terrain vehicle shall ensure that the vehicle is equipped with:

(1) 2 headlamps;

(2) 2 tail lamps;

(3) 2 brake lamps;

(4) a tail lamp or other lamp constructed and placed to illuminate the registration plate with a white light;

(5) one or more red reflectors on the rear;

(6) amber or red flashing electric turn signals, one on each side of the front and rear;

(7) a braking system, other than a parking brake;

(8) a horn or other warning device;

(9) a muffler and, if required by an applicable federal statute or rule, an emission control system;

(10) rearview mirrors on the right and left side of the driver;

(11) a windshield, unless the operator wears eye protection while operating the vehicle;

(12) a speedometer, illuminated for nighttime operation;

(13) for vehicles designed by the manufacturer for carrying one or more passengers, a bench seat or side-by-side seat equipped with a seat safety belt for each passenger;

(14) four wheels in contact with the ground, with tires that have at least 2/32 inches or greater tire tread; and

(15) a roll cage.