Rep. Bradley Fritts

Filed: 4/1/2024

 

 


 

 


 
10300HB3548ham002LRB103 29679 RTM 71554 a

1
AMENDMENT TO HOUSE BILL 3548

2    AMENDMENT NO. ______. Amend House Bill 3548 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

 

 

10300HB3548ham002- 2 -LRB103 29679 RTM 71554 a

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 55 35 miles per hour
9or less. 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
1255 35 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,

 

 

10300HB3548ham002- 3 -LRB103 29679 RTM 71554 a

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 Department
7of Natural Resources may authorize the operation of
8non-highway vehicles on the roadways under its jurisdiction if
9the Department determines that the public safety will not be
10jeopardized. The unit of local government, or the Department,
11or the Department of Natural Resources may restrict the types
12of non-highway vehicles that are authorized to be used on its
13streets.
14    Before permitting the operation of non-highway vehicles on
15its roadways, a municipality, township, county, other unit of
16local government, or the Department, or the Department of
17Natural Resources must consider the volume, speed, and
18character of traffic on the roadway and determine whether
19non-highway vehicles may safely travel on or cross the
20roadway. Upon determining that non-highway vehicles may safely
21operate on a roadway and the adoption of an ordinance or
22resolution by a municipality, township, county, or other unit
23of local government, or authorization by the Department or the
24Department of Natural Resources, appropriate signs shall be
25posted.
26    If a roadway is under the jurisdiction of more than one

 

 

10300HB3548ham002- 4 -LRB103 29679 RTM 71554 a

1unit of government, non-highway vehicles may not be operated
2on the roadway unless each unit of government agrees and takes
3action as provided in this subsection.
4    (e) No non-highway vehicle may be operated on a roadway
5unless, at a minimum, it has the following: brakes, a steering
6apparatus, tires, a rearview mirror, red reflectorized warning
7devices in the front and rear, a slow moving emblem (as
8required of other vehicles in Section 12-709 of this Code) on
9the rear of the non-highway vehicle, a headlight that emits a
10white light visible from a distance of 500 feet to the front, a
11tail lamp that emits a red light visible from at least 100 feet
12from the rear, brake lights, and turn signals. When operated
13on a roadway, a non-highway vehicle shall have its headlight
14and tail lamps lighted as required by Section 12-201 of this
15Code.
16    (f) A person who drives or is in actual physical control of
17a non-highway vehicle on a roadway while under the influence
18is subject to Sections 11-500 through 11-502 of this Code.
19    (g) Any person who operates a non-highway vehicle on a
20street, highway, or roadway shall be subject to the mandatory
21insurance requirements under Article VI of Chapter 7 of this
22Code.
23    (h) It shall not be unlawful for any person to drive or
24operate a non-highway vehicle, as defined in paragraphs (1)
25and (4) of subsection (a) of this Section, on a county roadway
26or township roadway for the purpose of conducting farming

 

 

10300HB3548ham002- 5 -LRB103 29679 RTM 71554 a

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

 

 

10300HB3548ham002- 6 -LRB103 29679 RTM 71554 a

1    safe crossing;
2        (2) the non-highway vehicle is brought to a complete
3    stop before attempting a crossing;
4        (3) the operator of the non-highway vehicle yields the
5    right of way to all pedestrian and vehicular traffic which
6    constitutes a hazard; and
7        (4) that when crossing a divided highway, the crossing
8    is made only at an intersection of the highway with
9    another public street, road, or highway.
10    (i) No action taken by a unit of local government under
11this Section designates the operation of a non-highway vehicle
12as an intended or permitted use of property with respect to
13Section 3-102 of the Local Governmental and Governmental
14Employees Tort Immunity Act.
15    (j) A county board or township located in a county that
16permits the use of a non-highway vehicle on its roadways shall
17not be deemed liable for crashes involving the use of a
18non-highway vehicle on its roadways.
19    (k) 2-wheeled non-highway vehicles shall be subject to the
20same safety requirements as motorcycles.
21(Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.)".