Rep. Emily McAsey

Filed: 3/12/2010

 

 


 

 


 
09600HB6094ham001 LRB096 20767 AJT 38676 a

1
AMENDMENT TO HOUSE BILL 6094

2     AMENDMENT NO. ______. Amend House Bill 6094 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Illinois Vehicle Code is amended by
5 changing 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.
15 (Source: P.A. 96-279, eff. 1-1-10.)
 

 

 

09600HB6094ham001 - 2 - LRB096 20767 AJT 38676 a

1     (625 ILCS 5/11-1426.1)
2     Sec. 11-1426.1. Operation of non-highway vehicles on
3 streets, roads, and highways.
4     (a) As used in this Section, "non-highway vehicle" means a
5 motor vehicle not specifically designed to be used on a public
6 highway, including:
7         (1) an all-terrain vehicle, as defined by Section
8     1-101.8 of this Code;
9         (2) a golf cart, as defined by Section 1-123.9;
10         (3) a neighborhood vehicle, as defined by Section
11     1-148.3m; and
12         (4) an off-highway motorcycle, as defined by Section
13     1-153.1.
14     (b) Except as otherwise provided in this Section, it is
15 unlawful for any person to drive or operate a non-highway
16 vehicle upon any street, highway, or roadway in this State. If
17 the operation of a non-highway vehicle is authorized under
18 subsection (d), the non-highway vehicle may be operated only on
19 streets where the posted speed limit is 35 miles per hour or
20 less. This subsection (b) does not prohibit a non-highway
21 vehicle from crossing a road or street at an intersection where
22 the road or street has a posted speed limit of more than 35
23 miles per hour.
24     (b-5) A person may not operate a non-highway vehicle upon
25 any street, highway, or roadway in this State unless he or she
26 has a valid Illinois driver's license issued in his or her name

 

 

09600HB6094ham001 - 3 - LRB096 20767 AJT 38676 a

1 by the Secretary of State.
2     (c) Except as otherwise provided in subsection (c-5), no
3 person operating a non-highway vehicle shall make a direct
4 crossing upon or across any highway under the jurisdiction of
5 the State, tollroad, interstate highway, or controlled access
6 highway in this State.
7     (c-5) A person may make a direct crossing at an
8 intersection controlled by a traffic light or 4-way stop sign
9 upon or across a highway under the jurisdiction of the State if
10 the speed limit on the highway is 35 miles per hour or less at
11 the place of crossing.
12     (d) A municipality, township, county, or other unit of
13 local government may authorize, by ordinance or resolution, the
14 operation of non-highway vehicles on roadways under its
15 jurisdiction if the unit of local government determines that
16 the public safety will not be jeopardized. The Department may
17 authorize the operation of non-highway vehicles on the roadways
18 under its jurisdiction if the Department determines that the
19 public safety will not be jeopardized.
20     Before permitting the operation of non-highway vehicles on
21 its roadways, a municipality, township, county, other unit of
22 local government, or the Department must consider the volume,
23 speed, and character of traffic on the roadway and determine
24 whether non-highway vehicles may safely travel on or cross the
25 roadway. Upon determining that non-highway vehicles may safely
26 operate on a roadway and the adoption of an ordinance or

 

 

09600HB6094ham001 - 4 - LRB096 20767 AJT 38676 a

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

 

 

09600HB6094ham001 - 5 - LRB096 20767 AJT 38676 a

1 operate a non-highway vehicle, as defined in subsections (a)(1)
2 of this Section, or a recreational off-highway vehicle, as
3 defined in Section 1-168.8 of this Code, on a county roadway or
4 township roadway for the purpose of conducting farming
5 operations to and from the home, farm, farm buildings, and any
6 adjacent or nearby farm land.
7     Non-highway or recreational off-highway vehicles, as used
8 in this subsection (h), shall not be subject to subsections (e)
9 and (g) of this section. However, if the non-highway vehicle or
10 recreational off-highway vehicle, as used in this Section, is
11 not covered under a motor vehicle insurance policy pursuant to
12 subsection (g) of this Section, the vehicle must be covered
13 under a farm, home, or non-highway vehicle insurance policy
14 issued with coverage amounts no less than the minimum amounts
15 set for bodily injury or death and for destruction of property
16 under Section 7-203 of this Code. Non-highway or recreational
17 off-highway vehicles operated on a county or township roadway
18 at any time between one-half hour before sunset and one-half
19 hour after sunrise must be equipped with head lamps and tail
20 lamps, and the head lamps and tail lamps must be lighted.
21     Non-highway or recreational off-highway vehicles, as used
22 in this subsection (h), shall not make a direct crossing upon
23 or across any tollroad, interstate highway, or controlled
24 access highway in this State.
25     Non-highway or recreational off-highway vehicles, as used
26 in this subsection (h), shall be allowed to cross a State

 

 

09600HB6094ham001 - 6 - LRB096 20767 AJT 38676 a

1 highway, municipal street, county highway, or road district
2 highway if the operator of the non-highway vehicle makes a
3 direct crossing provided:
4         (1) the crossing is made at an angle of approximately
5     90 degrees to the direction of the street, road or highway
6     and at a place where no obstruction prevents a quick and
7     safe crossing;
8         (2) the non-highway or recreational off-highway
9     vehicle is brought to a complete stop before attempting a
10     crossing;
11         (3) the operator of the non-highway or recreational
12     off-highway vehicle yields the right of way to all
13     pedestrian and vehicular traffic which constitutes a
14     hazard; and
15         (4) that when crossing a divided highway, the crossing
16     is made only at an intersection of the highway with another
17     public street, road, or highway.
18 (Source: P.A. 95-150, 8-14-07; 95-414, eff. 8-24-07; 95-575,
19 eff. 8-31-07; 95-876, eff. 8-21-08; 96-279, eff. 1-1-10.)
 
20     Section 99. Effective date. This Act takes effect upon
21 becoming law.".