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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 | |||||||||||||||||||||
5 | changing Section 11-1426.1 and by adding Section 11-1426.3 as | |||||||||||||||||||||
6 | follows: | |||||||||||||||||||||
7 | (625 ILCS 5/11-1426.1) | |||||||||||||||||||||
8 | Sec. 11-1426.1. Operation of non-highway vehicles on | |||||||||||||||||||||
9 | streets, roads, and highways. | |||||||||||||||||||||
10 | (a) As used in this Section, "non-highway vehicle" means a | |||||||||||||||||||||
11 | motor vehicle not specifically designed to be used on a public | |||||||||||||||||||||
12 | highway, including: | |||||||||||||||||||||
13 | (1) an all-terrain vehicle, as defined by Section | |||||||||||||||||||||
14 | 1-101.8 of this Code; | |||||||||||||||||||||
15 | (2) a golf cart, as defined by Section 1-123.9; | |||||||||||||||||||||
16 | (3) an off-highway motorcycle, as defined by Section | |||||||||||||||||||||
17 | 1-153.1; and | |||||||||||||||||||||
18 | (4) (blank). a recreational off-highway vehicle, as | |||||||||||||||||||||
19 | defined by Section 1-168.8. | |||||||||||||||||||||
20 | (b) Except as otherwise provided in this Section, it is | |||||||||||||||||||||
21 | unlawful
for any person to drive or operate a non-highway | |||||||||||||||||||||
22 | vehicle
upon any street, highway, or roadway in this State. If | |||||||||||||||||||||
23 | the operation of a non-highway vehicle is authorized under |
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1 | subsection (d), the non-highway vehicle may be operated only | ||||||
2 | on streets where the posted speed limit is 35 miles per hour or | ||||||
3 | less. This subsection (b) does not prohibit a non-highway | ||||||
4 | vehicle from crossing a road or street at an intersection | ||||||
5 | where the road or street has a posted speed limit of more than | ||||||
6 | 35 miles per hour. | ||||||
7 | (b-5) A person may not operate a non-highway vehicle upon | ||||||
8 | any street, highway, or roadway in this State unless he or she | ||||||
9 | has a valid driver's license issued in his or her name by the | ||||||
10 | Secretary of State or by a foreign jurisdiction. | ||||||
11 | (c) No person operating a non-highway vehicle shall make a | ||||||
12 | direct crossing upon or across any tollroad,
interstate | ||||||
13 | highway, or controlled access highway in this State. No person | ||||||
14 | operating a non-highway vehicle shall make a direct crossing | ||||||
15 | upon or across any other highway under the jurisdiction of the | ||||||
16 | State except at an intersection of the highway with another | ||||||
17 | public street, road, or highway. | ||||||
18 | (c-5) (Blank). | ||||||
19 | (d) A municipality, township, county, or other unit of | ||||||
20 | local government may authorize, by ordinance or resolution, | ||||||
21 | the operation of non-highway vehicles on roadways under its | ||||||
22 | jurisdiction if the unit of local government determines that | ||||||
23 | the public safety will not be jeopardized. The Department may | ||||||
24 | authorize
the operation of non-highway vehicles on the | ||||||
25 | roadways under its jurisdiction if the Department determines | ||||||
26 | that the public safety will not be jeopardized. The unit of |
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1 | local government or the Department may restrict the types of | ||||||
2 | non-highway vehicles that are authorized to be used on its | ||||||
3 | streets. | ||||||
4 | Before permitting the operation of non-highway vehicles on | ||||||
5 | its roadways,
a municipality, township, county, other unit of | ||||||
6 | local government, or the Department must consider the volume, | ||||||
7 | speed, and character of traffic on the roadway and determine | ||||||
8 | whether non-highway vehicles may safely travel on or cross the | ||||||
9 | roadway. Upon determining that non-highway vehicles may safely | ||||||
10 | operate on a roadway and the adoption of an ordinance or | ||||||
11 | resolution by a municipality, township, county, or other unit | ||||||
12 | of local government, or authorization by the Department, | ||||||
13 | appropriate signs shall be posted. | ||||||
14 | If a roadway is under the jurisdiction of more than one | ||||||
15 | unit of government, non-highway vehicles may not be operated | ||||||
16 | on the roadway unless each
unit of government agrees and takes | ||||||
17 | action as provided in this subsection. | ||||||
18 | (e) No non-highway vehicle may be operated on a roadway | ||||||
19 | unless, at a minimum, it has
the following: brakes, a steering | ||||||
20 | apparatus, tires, a rearview mirror, red reflectorized warning | ||||||
21 | devices in the front and rear, a slow moving emblem (as | ||||||
22 | required of other vehicles in Section 12-709 of this Code) on | ||||||
23 | the rear of the non-highway vehicle, a headlight that emits a | ||||||
24 | white light visible from a distance of 500 feet to the front, a | ||||||
25 | tail lamp that emits a
red light visible from at least 100 feet | ||||||
26 | from the rear, brake lights, and turn signals. When operated |
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1 | on a roadway, a non-highway vehicle shall have its headlight | ||||||
2 | and tail lamps lighted as required by Section 12-201 of this | ||||||
3 | Code. | ||||||
4 | (f) A person who drives or is in actual physical control of | ||||||
5 | a non-highway vehicle on a roadway while under the influence | ||||||
6 | is subject to Sections 11-500 through 11-502 of this Code. | ||||||
7 | (g) Any person who operates a non-highway vehicle on a | ||||||
8 | street, highway, or roadway shall be subject to the mandatory | ||||||
9 | insurance requirements under Article VI of Chapter 7 of this | ||||||
10 | Code. | ||||||
11 | (h) It shall not be unlawful for any person to drive or | ||||||
12 | operate a non-highway vehicle, as defined in paragraph | ||||||
13 | paragraphs (1) and (4) of subsection (a) of this Section, on a | ||||||
14 | county roadway or township roadway for the purpose of | ||||||
15 | conducting farming operations to and from the home, farm, farm | ||||||
16 | buildings, and any adjacent or nearby farm land. | ||||||
17 | Non-highway vehicles, as used in this subsection (h), | ||||||
18 | shall not be subject to subsections (e) and (g) of this | ||||||
19 | Section. However, if the non-highway vehicle, as used in this | ||||||
20 | Section, is not covered under a motor vehicle insurance policy | ||||||
21 | pursuant to subsection (g) of this Section, the vehicle must | ||||||
22 | be covered under a farm, home, or non-highway vehicle | ||||||
23 | insurance policy issued with coverage amounts no less than the | ||||||
24 | minimum amounts set for bodily injury or death and for | ||||||
25 | destruction of property under Section 7-203 of this Code. | ||||||
26 | Non-highway vehicles operated on a county or township roadway |
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1 | at any time between one-half hour before sunset and one-half | ||||||
2 | hour after sunrise must be equipped with head lamps and tail | ||||||
3 | lamps, and the head lamps and tail lamps must be lighted. | ||||||
4 | Non-highway vehicles, as used in this subsection (h), | ||||||
5 | shall not make a direct crossing upon or across any tollroad, | ||||||
6 | interstate highway, or controlled access highway in this | ||||||
7 | State. | ||||||
8 | Non-highway vehicles, as used in this subsection (h), | ||||||
9 | shall be allowed to cross a State highway, municipal street, | ||||||
10 | county highway, or road district highway if the operator of | ||||||
11 | the non-highway vehicle makes a direct crossing provided: | ||||||
12 | (1) the crossing is made at an angle of approximately | ||||||
13 | 90 degrees to the direction of the street, road or highway | ||||||
14 | and at a place where no obstruction prevents a quick and | ||||||
15 | safe crossing; | ||||||
16 | (2) the non-highway vehicle is brought to a complete | ||||||
17 | stop before attempting a crossing; | ||||||
18 | (3) the operator of the non-highway vehicle yields the | ||||||
19 | right of way to all pedestrian and vehicular traffic which | ||||||
20 | constitutes a hazard; and | ||||||
21 | (4) that when crossing a divided highway, the crossing | ||||||
22 | is made only at an intersection of the highway with | ||||||
23 | another public street, road, or highway. | ||||||
24 | (i) No action taken by a unit of local government under | ||||||
25 | this Section designates the operation of a non-highway vehicle | ||||||
26 | as an intended or permitted use of property with respect to |
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1 | Section 3-102 of the Local Governmental and Governmental | ||||||
2 | Employees Tort Immunity Act. | ||||||
3 | (Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.) | ||||||
4 | (625 ILCS 5/11-1426.3 new) | ||||||
5 | Sec. 11-1426.3. Operation of a recreational off-highway | ||||||
6 | vehicle on streets, roads, and highways. | ||||||
7 | (a) Except as provided in subsection (b), an individual | ||||||
8 | may operate a recreational off-highway vehicle, as defined by | ||||||
9 | Section 1-101.8, on a street, roadway, or highway if the | ||||||
10 | recreational off-highway vehicle has a combustion engine with | ||||||
11 | a piston or rotor displacement of 400 cubic centimeters or | ||||||
12 | greater and is capable of maintaining speeds of 40 miles per | ||||||
13 | hour or greater. | ||||||
14 | (b) An individual may not operate a recreational | ||||||
15 | off-highway vehicle on a highway if: | ||||||
16 | (1) the highway is an interstate system; | ||||||
17 | (2) the highway is near a grade-separated portion of | ||||||
18 | the highway; | ||||||
19 | (3) the highway is within a municipality; or | ||||||
20 | (4) the highway has a posted speed limit higher than | ||||||
21 | 55 miles per hour. | ||||||
22 | Nothing in this Section authorizes the operation of a | ||||||
23 | recreational off-highway vehicle in an area that is not open | ||||||
24 | to motor vehicle use. | ||||||
25 | (c) A recreational off-highway vehicle may be registered |
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1 | in the same manner as provided for snowmobiles and shall | ||||||
2 | comply with the registration, fees, insurance, and other | ||||||
3 | requirements for snowmobiles under the Snowmobile Registration | ||||||
4 | and Safety Act. | ||||||
5 | Of the $45 registration fee, $35 shall be distributed to | ||||||
6 | the Department of Natural Resource programs as follows: (i) | ||||||
7 | $10 to Kids for Conservation; (ii) $10 to the Mud to Parks | ||||||
8 | Program; (iii) $5 to Deer Management; and (iv) $5 to the | ||||||
9 | Partners for Conservation Program. The remaining $15 shall be | ||||||
10 | used to implement and administer this Section. | ||||||
11 | (d) The owner of a recreational off-highway vehicle shall | ||||||
12 | ensure that the vehicle is equipped with: | ||||||
13 | (1) 2 headlamps; | ||||||
14 | (2) 2 tail lamps; | ||||||
15 | (3) 2 brake lamps; | ||||||
16 | (4) a tail lamp or other lamp constructed and placed | ||||||
17 | to illuminate the registration plate with a white light; | ||||||
18 | (5) one or more red reflectors on the rear; | ||||||
19 | (6) amber or red flashing electric turn signals, one | ||||||
20 | on each side of the front and rear; | ||||||
21 | (7) a braking system, other than a parking brake; | ||||||
22 | (8) a horn or other warning device; | ||||||
23 | (9) a muffler and, if required by an applicable | ||||||
24 | federal statute or regulation, an emission control system; | ||||||
25 | (10) rearview mirrors on the right and left side of | ||||||
26 | the driver; |
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1 | (11) a windshield, unless the operator wears eye | ||||||
2 | protection while operating the vehicle; | ||||||
3 | (12) a speedometer, illuminated for nighttime | ||||||
4 | operation; | ||||||
5 | (13) for vehicles designed by the manufacturer for | ||||||
6 | carrying one or more passengers, a bench seat or | ||||||
7 | side-by-side seat equipped with a seat safety belt for | ||||||
8 | each passenger; | ||||||
9 | (14) 4 wheels in contact with the ground, with tires | ||||||
10 | that have at least 2/32 inches or greater tire tread; and | ||||||
11 | (15) a roll cage. | ||||||
12 | (e) It shall not be unlawful for any person to drive or | ||||||
13 | operate a recreational off-highway vehicle on a county roadway | ||||||
14 | or township roadway for the purpose of conducting farming | ||||||
15 | operations to and from the home, farm, farm buildings, and any | ||||||
16 | adjacent or nearby farm land.
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