Rep. Charles Meier

Filed: 3/1/2022

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4899

2    AMENDMENT NO. ______. Amend House Bill 4899 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 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

 

 

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1        (4) a recreational off-highway vehicle, as defined by
2    Section 1-168.8.
3    (b) Except as otherwise provided in this Section, it is
4unlawful for any person to drive or operate a non-highway
5vehicle upon any street, highway, or roadway in this State. If
6the operation of a non-highway vehicle is authorized under
7subsection (d), the non-highway vehicle may be operated only
8on streets where the posted speed limit is 35 miles per hour or
9less. This subsection (b) does not prohibit a non-highway
10vehicle from crossing a road or street at an intersection
11where the road or street has a posted speed limit of more than
1235 miles per hour.
13    (b-5) A person may not operate a non-highway vehicle upon
14any street, highway, or roadway in this State unless he or she
15has a valid driver's license issued in his or her name by the
16Secretary of State or by a foreign jurisdiction.
17    (c) No person operating a non-highway vehicle shall make a
18direct crossing upon or across any tollroad, interstate
19highway, or controlled access highway in this State. No person
20operating a non-highway vehicle shall make a direct crossing
21upon or across any other highway under the jurisdiction of the
22State except at an intersection of the highway with another
23public street, road, or highway.
24    (c-5) (Blank).
25    (d) A municipality, township, county, or other unit of
26local government may authorize, by ordinance or resolution,

 

 

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1the operation of non-highway vehicles on roadways under its
2jurisdiction if the unit of local government determines that
3the public safety will not be jeopardized. The Department may
4authorize the operation of non-highway vehicles on the
5roadways under its jurisdiction if the Department determines
6that the public safety will not be jeopardized. The unit of
7local government or the Department may restrict the types of
8non-highway vehicles that are authorized to be used on its
9streets.
10    Before permitting the operation of non-highway vehicles on
11its roadways, a municipality, township, county, other unit of
12local government, or the Department must consider the volume,
13speed, and character of traffic on the roadway and determine
14whether non-highway vehicles may safely travel on or cross the
15roadway. Upon determining that non-highway vehicles may safely
16operate on a roadway and the adoption of an ordinance or
17resolution by a municipality, township, county, or other unit
18of local government, or authorization by the Department,
19appropriate signs shall be posted.
20    If a roadway is under the jurisdiction of more than one
21unit of government, non-highway vehicles may not be operated
22on the roadway unless each unit of government agrees and takes
23action as provided in this subsection.
24    (e) No non-highway vehicle may be operated on a roadway
25unless, at a minimum, it has the following: brakes, a steering
26apparatus, tires, a rearview mirror, red reflectorized warning

 

 

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1devices in the front and rear, a slow moving emblem (as
2required of other vehicles in Section 12-709 of this Code) on
3the rear of the non-highway vehicle, a headlight that emits a
4white light visible from a distance of 500 feet to the front, a
5tail lamp that emits a red light visible from at least 100 feet
6from the rear, brake lights, and turn signals. When operated
7on a roadway, a non-highway vehicle shall have its headlight
8and tail lamps lighted as required by Section 12-201 of this
9Code.
10    (f) A person who drives or is in actual physical control of
11a non-highway vehicle on a roadway while under the influence
12is subject to Sections 11-500 through 11-502 of this Code.
13    (g) Any person who operates a non-highway vehicle on a
14street, highway, or roadway shall be subject to the mandatory
15insurance requirements under Article VI of Chapter 7 of this
16Code.
17    (h) It shall not be unlawful for any person to drive or
18operate a non-highway vehicle, as defined in paragraphs (1)
19and (4) of subsection (a) of this Section, on a county roadway
20or township roadway for the purpose of conducting farming
21operations to and from the home, farm, farm buildings, and any
22adjacent or nearby farm land.
23    Non-highway vehicles, as used in this subsection (h),
24shall not be subject to subsections (e) and (g) of this
25Section. However, if the non-highway vehicle, as used in this
26Section, is not covered under a motor vehicle insurance policy

 

 

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

 

 

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1        (4) that when crossing a divided highway, the crossing
2    is made only at an intersection of the highway with
3    another public street, road, or highway.
4    (i) No action taken by a unit of local government under
5this Section designates the operation of a non-highway vehicle
6as an intended or permitted use of property with respect to
7Section 3-102 of the Local Governmental and Governmental
8Employees Tort Immunity Act.
9    (j) Notwithstanding any other provision of this Section,
10it shall be permissible to operate a non-highway vehicle on
11all roadways within the boundaries of a municipality that: (i)
12has a total population that does not exceed 10,000 persons;
13(ii) has a population density of less than 750 persons per
14square mile, and (iii) has authorized the use of non-highway
15vehicles under subsection (d). A non-highway vehicle being
16operated within a municipality under this Section shall be
17operated only:
18        (1) by a disabled veteran who would be otherwise
19    eligible for a disabled veteran registration plate and who
20    has been issued a person with disabilities parking
21    placard;
22        (2) on the farthest outside lane or shoulder of a
23    roadway with a speed limit not in excess of 35 miles per
24    hour;
25        (3) for a distance of less than 5 miles per one-way
26    trip from the point of origin to the point of destination;

 

 

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1        (4) with the person with disabilities parking placard
2    displayed, and the vehicle meeting the requirements set
3    forth in subsections (e) and (g); and
4        (5) without crossing any toll roads or limited-access
5    highways.
6(Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".