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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Sections 1-148.3m and 11-1426.1 as follows: | ||||||
6 | (625 ILCS 5/1-148.3m) | ||||||
7 | Sec. 1-148.3m. Neighborhood vehicle. A self-propelled, | ||||||
8 | electric-powered, four-wheeled motor vehicle (or a | ||||||
9 | self-propelled, gasoline-powered, four-wheeled motor vehicle | ||||||
10 | with an engine displacement under 1,200 cubic centimeters) that | ||||||
11 | is capable of attaining in one mile a speed of more than 20 | ||||||
12 | miles per hour, but not more than 25 miles per hour, and which | ||||||
13 | does not conform conforms to federal regulations under Title 49 | ||||||
14 | C.F.R. Part 571.500.
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15 | (Source: P.A. 96-279, eff. 1-1-10.) | ||||||
16 | (625 ILCS 5/11-1426.1) | ||||||
17 | Sec. 11-1426.1. Operation of non-highway vehicles on | ||||||
18 | streets, roads, and highways. | ||||||
19 | (a) As used in this Section, "non-highway vehicle" means a | ||||||
20 | motor vehicle not specifically designed to be used on a public | ||||||
21 | highway, including: | ||||||
22 | (1) an all-terrain vehicle, as defined by Section |
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1 | 1-101.8 of this Code; | ||||||
2 | (2) a golf cart, as defined by Section 1-123.9; | ||||||
3 | (3) a neighborhood vehicle, as defined by Section | ||||||
4 | 1-148.3m; and | ||||||
5 | (4) an off-highway motorcycle, as defined by Section | ||||||
6 | 1-153.1. | ||||||
7 | (b) Except as otherwise provided in this Section, it is | ||||||
8 | unlawful
for any person to drive or operate a non-highway | ||||||
9 | vehicle
upon any street, highway, or roadway in this State. If | ||||||
10 | the operation of a non-highway vehicle is authorized under | ||||||
11 | subsection (d), the non-highway vehicle may be operated only on | ||||||
12 | streets where the posted speed limit is 35 miles per hour or | ||||||
13 | less. This subsection (b) does not prohibit a non-highway | ||||||
14 | vehicle from crossing a road or street at an intersection where | ||||||
15 | the road or street has a posted speed limit of more than 35 | ||||||
16 | miles per hour. | ||||||
17 | (b-5) A person may not operate a non-highway vehicle upon | ||||||
18 | any street, highway, or roadway in this State unless he or she | ||||||
19 | has a valid Illinois driver's license issued in his or her name | ||||||
20 | by the Secretary of State. | ||||||
21 | (c) Except as otherwise provided in subsection (c-5), no | ||||||
22 | person operating a non-highway vehicle shall make a direct | ||||||
23 | crossing upon or across any highway under the jurisdiction of | ||||||
24 | the State, tollroad,
interstate highway, or controlled access | ||||||
25 | highway in this State. | ||||||
26 | (c-5) A person may make a direct crossing at an |
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1 | intersection controlled by a traffic light or 4-way stop sign | ||||||
2 | upon or across a highway under the jurisdiction of the State if | ||||||
3 | the speed limit on the highway is 35 miles per hour or less at | ||||||
4 | the place of crossing. | ||||||
5 | (d) A municipality, township, county, or other unit of | ||||||
6 | local government may authorize, by ordinance or resolution, the | ||||||
7 | operation of non-highway vehicles on roadways under its | ||||||
8 | jurisdiction if the unit of local government determines that | ||||||
9 | the public safety will not be jeopardized. The Department may | ||||||
10 | authorize
the operation of non-highway vehicles on the roadways | ||||||
11 | under its jurisdiction if the Department determines that the | ||||||
12 | public safety will not be jeopardized. | ||||||
13 | Before permitting the operation of non-highway vehicles on | ||||||
14 | its roadways,
a municipality, township, county, other unit of | ||||||
15 | local government, or the Department must consider the volume, | ||||||
16 | speed, and character of traffic on the roadway and determine | ||||||
17 | whether non-highway vehicles may safely travel on or cross the | ||||||
18 | roadway. Upon determining that non-highway vehicles may safely | ||||||
19 | operate on a roadway and the adoption of an ordinance or | ||||||
20 | resolution by a municipality, township, county, or other unit | ||||||
21 | of local government, or authorization by the Department, | ||||||
22 | appropriate signs shall be posted. | ||||||
23 | If a roadway is under the jurisdiction of more than one | ||||||
24 | unit of government, non-highway vehicles may not be operated on | ||||||
25 | the roadway unless each
unit of government agrees and takes | ||||||
26 | action as provided in this subsection. |
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1 | (e) No non-highway vehicle may be operated on a roadway | ||||||
2 | unless, at a minimum, it has
the following: brakes, a steering | ||||||
3 | apparatus, tires, a rearview mirror, red reflectorized warning | ||||||
4 | devices in the front and rear, a slow moving emblem (as | ||||||
5 | required of other vehicles in Section 12-709 of this Code) on | ||||||
6 | the rear of the non-highway vehicle, a headlight that emits a | ||||||
7 | white light visible from a distance of 500 feet to the front, a | ||||||
8 | tail lamp that emits a
red light visible from at least 100 feet | ||||||
9 | from the rear, brake lights, and turn signals. When operated on | ||||||
10 | a roadway, a non-highway vehicle shall have its headlight and | ||||||
11 | tail lamps lighted as required by Section 12-201 of this Code. | ||||||
12 | (f) A person who drives or is in actual physical control of | ||||||
13 | a non-highway vehicle on a roadway while under the influence is | ||||||
14 | subject to Sections 11-500 through 11-502 of this Code.
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15 | (g) Any person who operates a non-highway vehicle on a | ||||||
16 | street, highway, or roadway shall be subject to the mandatory | ||||||
17 | insurance requirements under Article VI of Chapter 7 of this | ||||||
18 | Code. | ||||||
19 | (h) It shall not be unlawful for any person to drive or | ||||||
20 | operate a non-highway vehicle, as defined in subsections (a)(1) | ||||||
21 | of this Section, or a recreational off-highway vehicle, as | ||||||
22 | defined in Section 1-168.8 of this Code, on a county roadway or | ||||||
23 | township roadway for the purpose of conducting farming | ||||||
24 | operations to and from the home, farm, farm buildings, and any | ||||||
25 | adjacent or nearby farm land. | ||||||
26 | Non-highway or recreational off-highway vehicles, as used |
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1 | in this subsection (h), shall not be subject to subsections (e) | ||||||
2 | and (g) of this Section. However, if the non-highway vehicle or | ||||||
3 | recreational off-highway vehicle, as used in this Section, is | ||||||
4 | not covered under a motor vehicle insurance policy pursuant to | ||||||
5 | subsection (g) of this Section, the vehicle must be covered | ||||||
6 | under a farm, home, or non-highway vehicle insurance policy | ||||||
7 | issued with coverage amounts no less than the minimum amounts | ||||||
8 | set for bodily injury or death and for destruction of property | ||||||
9 | under Section 7-203 of this Code. Non-highway or recreational | ||||||
10 | off-highway vehicles operated on a county or township roadway | ||||||
11 | at any time between one-half hour before sunset and one-half | ||||||
12 | hour after sunrise must be equipped with head lamps and tail | ||||||
13 | lamps, and the head lamps and tail lamps must be lighted. | ||||||
14 | Non-highway or recreational off-highway vehicles, as used | ||||||
15 | in this subsection (h), shall not make a direct crossing upon | ||||||
16 | or across any tollroad, interstate highway, or controlled | ||||||
17 | access highway in this State. | ||||||
18 | Non-highway or recreational off-highway vehicles, as used | ||||||
19 | in this subsection (h), shall be allowed to cross a State | ||||||
20 | highway, municipal street, county highway, or road district | ||||||
21 | highway if the operator of the non-highway vehicle makes a | ||||||
22 | 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; |
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1 | (2) the non-highway or recreational off-highway | ||||||
2 | vehicle is brought to a complete stop before attempting a | ||||||
3 | crossing; | ||||||
4 | (3) the operator of the non-highway or recreational | ||||||
5 | off-highway vehicle yields the right of way to all | ||||||
6 | pedestrian and vehicular traffic which constitutes a | ||||||
7 | hazard; and | ||||||
8 | (4) that when crossing a divided highway, the crossing | ||||||
9 | is made only at an intersection of the highway with another | ||||||
10 | public street, road, or highway. | ||||||
11 | (Source: P.A. 95-150, 8-14-07; 95-414, eff. 8-24-07; 95-575, | ||||||
12 | eff. 8-31-07; 95-876, eff. 8-21-08; 96-279, eff. 1-1-10.)
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13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.
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