HB5436 103RD GENERAL ASSEMBLY

LRB103 37381 MXP 67502 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5436

Introduced 2/9/2024, by Rep. Tony M. McCombie

SYNOPSIS AS INTRODUCED:

625 ILCS 5/3-412	from Ch. 95 1/2, par. 3-412
625 ILCS 5/3-805.6 new
625 ILCS 5/11-1426.1
625 ILCS 5/11-1426.3 new

Amends the Illinois Vehicle Code. Permits the operation of an all-terrain vehicle that meets certain criteria on any street, roadway, or highway in the State, unless the highway is an interstate system, is near a grade-separated portion of the highway, is within a municipality, or has a posted speed limit higher than 45 miles per hour. Provides that an all-terrain vehicle must be registered with the Secretary of State if the all-terrain vehicle is operated on roads within the State. Provides for the distribution of registration fees. Outlines the vehicle equipment requirements for the operation of an all-terrain vehicle on a roadway. Establishes that a township, county, or other unit of local government may authorize, by ordinance or resolution, the operation of all-terrain vehicles on roadways under its jurisdiction if the unit of local government determines that the public safety will not be jeopardized. Requires a non-highway vehicle that is manufactured not to exceed 40 miles per hour to have a slow moving emblem on the rear of the non-highway vehicle. Provides that the Department of Transportation may authorize the operation of all-terrain vehicles on the roadways under its jurisdiction if the Department determines that the public safety will not be jeopardized. Allows a unit of local government or the Department to restrict the types of all-terrain vehicles that are authorized to be used on its streets. Provides that a unit of local government that permits the use of an all-terrain vehicle on its roadways shall not be deemed liable for crashes involving the use of an all-terrain vehicle on its roadways. Makes other changes.

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 3-412 and 11-1426.1 and by adding Sections 3-805.6 and 11-1426.3 as follows:

(625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412)

Sec. 3-412. Registration plates or digital registration plates and registration stickers or digital registration stickers to be furnished by the Secretary of State.

(a) The Secretary of State upon registering a vehicle subject to annual registration for the first time shall issue or shall cause to be issued to the owner one registration plate or digital registration plate for a motorcycle, trailer, semitrailer, moped, all-terrain vehicle, autocycle, or truck-tractor, 2 registration plates, or a digital registration plate and metal plate as set forth in Section 3-401.5, for other motor vehicles and, where applicable, current registration stickers or digital registration stickers for motor vehicles of the first division. The provisions of this Section may be made applicable to such vehicles of the second division, as the Secretary of State may, from time to time, in his discretion designate. On subsequent annual registrations during the term of the registration plate or digital registration plate as provided in Section 3-414.1, the Secretary shall issue or cause to be issued registration stickers or digital registration stickers as evidence of current registration. However, the issuance of annual registration stickers or digital registration stickers to vehicles registered under the provisions of Sections 3-402.1 and 3-405.3 of this Code may not be required if the Secretary deems the issuance unnecessary.

(b) Every registration plate or digital registration plate shall have displayed upon it the registration number assigned to the vehicle for which it is issued, the name of this State, which may be abbreviated, the year number for which it was issued, which may be abbreviated, the phrase "Land of Lincoln" (except as otherwise provided in this Code), and such other letters or numbers as the Secretary may prescribe. However, for apportionment plates issued to vehicles registered under Section 3-402.1 and fleet plates issued to vehicles registered under Section 3-405.3, the phrase "Land of Lincoln" may be omitted to allow for the word "apportioned", the word "fleet", or other similar language to be displayed. Registration plates or digital registration plates issued to a vehicle registered as a fleet vehicle may display a designation determined by the Secretary.

The Secretary may in his discretion prescribe that letters be used as prefixes only on registration plates or digital registration plates issued to vehicles of the first division which are registered under this Code and only as suffixes on registration plates or digital registration plates issued to other vehicles. Every registration sticker or digital registration sticker issued as evidence of current registration shall designate the year number for which it is issued and such other letters or numbers as the Secretary may prescribe and shall be of a contrasting color with the registration plates or digital registration plates and registration stickers or digital registration stickers of the previous year.

(c) Each registration plate or digital registration plate and the required letters and numerals thereon, except the year number for which issued, shall be of sufficient size to be plainly readable from a distance of 100 feet during daylight, and shall be coated with reflectorizing material. The dimensions of the plate issued to vehicles of the first division shall be 6 by 12 inches.

(d) The Secretary of State shall issue for every passenger motor vehicle rented without a driver the same type of registration plates or digital registration plates as the type of plates issued for a private passenger vehicle.

(e) The Secretary of State shall issue for every passenger car used as a taxicab or livery, distinctive registration plates or digital registration plates.

(f) The Secretary of State shall issue for every motorcycle distinctive registration plates or digital registration plates distinguishing between motorcycles having 150 or more cubic centimeters piston displacement, or having less than 150 cubic centimeter piston displacement.

(g) Registration plates or digital registration plates issued to vehicles for-hire may display a designation as determined by the Secretary that such vehicles are for-hire.

(h) (Blank).

(i) The Secretary of State shall issue for every public and private ambulance registration plates or digital registration plates identifying the vehicle as an ambulance. The Secretary shall forward to the Department of Healthcare and Family Services registration information for the purpose of verification of claims filed with the Department by ambulance owners for payment for services to public assistance recipients.

(j) The Secretary of State shall issue for every public and private medical carrier or rescue vehicle livery registration plates or digital registration plates displaying numbers within ranges of numbers reserved respectively for medical carriers and rescue vehicles. The Secretary shall forward to the Department of Healthcare and Family Services registration information for the purpose of verification of claims filed with the Department by owners of medical carriers or rescue vehicles for payment for services to public assistance recipients.

(k) The Secretary of State shall issue distinctive license plates or digital registration plates or distinctive license plate stickers or digital registration stickers for every vehicle exempted from subsections (a) and (a-5) of Section 12-503 by subsection (g) of that Section, and by subsection (g-5) of that Section before its deletion by this amendatory Act of the 95th General Assembly. The Secretary shall issue these plates or stickers immediately upon receiving the physician's certification required under subsection (g) of Section 12-503. New plates or stickers shall also be issued when the certification is renewed as provided in that subsection.

(l) The Secretary of State shall issue distinctive registration plates or digital registration plates for low-speed vehicles.

(m) The Secretary of State shall issue distinctive registration plates or digital registration plates for autocycles. The dimensions of the plate issued to autocycles shall be 4 by 7 inches.

(Source: P.A. 101-395, eff. 8-16-19.)

(625 ILCS 5/3-805.6 new)

Sec. 3-805.6. All-terrain vehicles. Every owner of an all-terrain vehicle shall make application to the Secretary of State for registration, or renewal of registration, at the fee of $30 if the all-terrain vehicle is operated on any roads within this State. The registration shall remain valid for a period of 2 years. However, an owner of an all-terrain vehicle that is primarily used for agricultural purposes shall be subject to a one-time registration fee of $15, and the registration shall remain valid until ownership is transferred.

Of the fees collected for all-terrain vehicles, $2 of the fees shall be deposited into the State Police Vehicle Fund, $1 of the fees shall be deposited into the Park and Conservation Fund for the Department of Natural Resources to use for conservation efforts, and the remainder of the fees shall be deposited into the Road Fund. Counties authorizing the use of all-terrain vehicles on its roadway may assess a fee.

(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; and .

(5) a large non-highway vehicle, as defined by Section 10 of the Recreational Trails of Illinois Act.

(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. A non-highway vehicle that is manufactured not to exceed 40 miles per hour shall have 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 slow moving emblem shall not be affixed to any non-highway vehicle that is manufactured to exceed 40 miles per hour.

(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 paragraph 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) A township, county, or other unit of local government may authorize, by ordinance or resolution, the operation of all-terrain 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 all-terrain 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 all-terrain vehicles that are authorized to be used on its streets.

(b) Except as provided in subsection (b), an individual may operate an all-terrain vehicle, as defined by Section 1-101.8, 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.

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

(1) the highway is an interstate system;

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

(3) the highway is within a municipality; or

(4) the highway has a posted speed limit higher than 45 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.

(d) A person who operates an all-terrain vehicle on a street, highway, or roadway shall be subject to the mandatory insurance requirements under Article VI of Chapter 7 of this Code.

(e) An all-terrain vehicle that operates on a roadway must be registered in the manner provided under Section 3-805.6

(f) 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 regulation, 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; and

(14) 4 wheels in contact with the ground, with tires that have at least 2/32 inches or greater tire tread.

(g) A unit of local government that permits the use of an all-terrain vehicle on its roadways shall not be deemed liable for crashes involving the use of an all-terrain vehicle on its roadways.