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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 11-1426.1 and 11-1426.2 as follows: | ||||||
6 | (625 ILCS 5/11-1426.1) | ||||||
7 | Sec. 11-1426.1. Operation of non-highway vehicles on | ||||||
8 | streets, roads, and highways. | ||||||
9 | (a) As used in this Section, "non-highway vehicle" means a | ||||||
10 | motor vehicle not specifically designed to be used on a public | ||||||
11 | highway, 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) a neighborhood vehicle, as defined by Section | ||||||
16 | 1-148.3m; | ||||||
17 | (3) (4) an off-highway motorcycle, as defined by | ||||||
18 | Section 1-153.1; and | ||||||
19 | (4) (5) a recreational off-highway vehicle, as defined | ||||||
20 | by Section 1-168.8. | ||||||
21 | (b) Except as otherwise provided in this Section, it is | ||||||
22 | unlawful
for any person to drive or operate a non-highway | ||||||
23 | vehicle
upon any street, highway, or roadway in this State. If |
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1 | the operation of a non-highway vehicle is authorized under | ||||||
2 | subsection (d), the non-highway vehicle may be operated only on | ||||||
3 | streets where the posted speed limit is 35 miles per hour or | ||||||
4 | less. This subsection (b) does not prohibit a non-highway | ||||||
5 | vehicle from crossing a road or street at an intersection where | ||||||
6 | the road or street has a posted speed limit of more than 35 | ||||||
7 | miles per hour. | ||||||
8 | (b-5) A person may not operate a non-highway vehicle upon | ||||||
9 | any street, highway, or roadway in this State unless he or she | ||||||
10 | has a valid driver's license issued in his or her name by the | ||||||
11 | Secretary of State or by a foreign jurisdiction. | ||||||
12 | (c) Except as otherwise provided in subsection (c-5), no | ||||||
13 | person operating a non-highway vehicle shall make a direct | ||||||
14 | crossing upon or across any highway under the jurisdiction of | ||||||
15 | the State, tollroad,
interstate highway, or controlled access | ||||||
16 | highway in this State. | ||||||
17 | (c-5) A person may make a direct crossing at an | ||||||
18 | intersection controlled by a traffic light or 4-way stop sign | ||||||
19 | upon or across a highway under the jurisdiction of the State if | ||||||
20 | the speed limit on the highway is 35 miles per hour or less at | ||||||
21 | the place of crossing. | ||||||
22 | (d) A municipality, township, county, or other unit of | ||||||
23 | local government may authorize, by ordinance or resolution, the | ||||||
24 | operation of non-highway vehicles on roadways under its | ||||||
25 | jurisdiction if the unit of local government determines that | ||||||
26 | the public safety will not be jeopardized. The Department may |
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1 | authorize
the operation of non-highway vehicles on the roadways | ||||||
2 | under its jurisdiction if the Department determines that the | ||||||
3 | public safety will not be jeopardized. The unit of local | ||||||
4 | government or the Department may restrict the types of | ||||||
5 | non-highway vehicles that are authorized to be used on its | ||||||
6 | streets. | ||||||
7 | Before permitting the operation of non-highway vehicles on | ||||||
8 | its roadways,
a municipality, township, county, other unit of | ||||||
9 | local government, or the Department must consider the volume, | ||||||
10 | speed, and character of traffic on the roadway and determine | ||||||
11 | whether non-highway vehicles may safely travel on or cross the | ||||||
12 | roadway. Upon determining that non-highway vehicles may safely | ||||||
13 | operate on a roadway and the adoption of an ordinance or | ||||||
14 | resolution by a municipality, township, county, or other unit | ||||||
15 | of local government, or authorization by the Department, | ||||||
16 | appropriate signs shall be posted. | ||||||
17 | If a roadway is under the jurisdiction of more than one | ||||||
18 | unit of government, non-highway vehicles may not be operated on | ||||||
19 | the roadway unless each
unit of government agrees and takes | ||||||
20 | action as provided in this subsection. | ||||||
21 | (e) No non-highway vehicle may be operated on a roadway | ||||||
22 | unless, at a minimum, it has
the following: brakes, a steering | ||||||
23 | apparatus, tires, a rearview mirror, red reflectorized warning | ||||||
24 | devices in the front and rear, a slow moving emblem (as | ||||||
25 | required of other vehicles in Section 12-709 of this Code) on | ||||||
26 | the rear of the non-highway vehicle, a headlight that emits a |
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1 | white light visible from a distance of 500 feet to the front, a | ||||||
2 | tail lamp that emits a
red light visible from at least 100 feet | ||||||
3 | from the rear, brake lights, and turn signals. When operated on | ||||||
4 | a roadway, a non-highway vehicle shall have its headlight and | ||||||
5 | tail lamps lighted as required by Section 12-201 of this Code. | ||||||
6 | (f) A person who drives or is in actual physical control of | ||||||
7 | a non-highway vehicle on a roadway while under the influence is | ||||||
8 | subject to Sections 11-500 through 11-502 of this Code. | ||||||
9 | (g) Any person who operates a non-highway vehicle on a | ||||||
10 | street, highway, or roadway shall be subject to the mandatory | ||||||
11 | insurance requirements under Article VI of Chapter 7 of this | ||||||
12 | Code. | ||||||
13 | (h) It shall not be unlawful for any person to drive or | ||||||
14 | operate a non-highway vehicle, as defined in paragraphs (1) and | ||||||
15 | (4) (5) of subsection (a) of this Section, on a county roadway | ||||||
16 | or township roadway for the purpose of conducting farming | ||||||
17 | operations to and from the home, farm, farm buildings, and any | ||||||
18 | adjacent or nearby farm land. | ||||||
19 | Non-highway vehicles, as used in this subsection (h), shall | ||||||
20 | not be subject to subsections (e) and (g) of this Section. | ||||||
21 | However, if the non-highway vehicle, as used in this Section, | ||||||
22 | is not covered under a motor vehicle insurance policy pursuant | ||||||
23 | to subsection (g) of this Section, the vehicle must be covered | ||||||
24 | under a farm, home, or non-highway vehicle insurance policy | ||||||
25 | issued with coverage amounts no less than the minimum amounts | ||||||
26 | set for bodily injury or death and for destruction of property |
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1 | under Section 7-203 of this Code. Non-highway vehicles operated | ||||||
2 | on a county or township roadway at any time between one-half | ||||||
3 | hour before sunset and one-half hour after sunrise must be | ||||||
4 | equipped with head lamps and tail lamps, and the head lamps and | ||||||
5 | tail lamps must be lighted. | ||||||
6 | Non-highway vehicles, as used in this subsection (h), shall | ||||||
7 | not make a direct crossing upon or across any tollroad, | ||||||
8 | interstate highway, or controlled access highway in this State. | ||||||
9 | Non-highway vehicles, as used in this subsection (h), shall | ||||||
10 | be allowed to cross a State highway, municipal street, county | ||||||
11 | highway, or road district highway if the operator of the | ||||||
12 | non-highway vehicle makes a direct crossing provided: | ||||||
13 | (1) the crossing is made at an angle of approximately | ||||||
14 | 90 degrees to the direction of the street, road or highway | ||||||
15 | and at a place where no obstruction prevents a quick and | ||||||
16 | safe crossing; | ||||||
17 | (2) the non-highway vehicle is brought to a complete | ||||||
18 | stop before attempting a crossing; | ||||||
19 | (3) the operator of the non-highway vehicle yields the | ||||||
20 | right of way to all pedestrian and vehicular traffic which | ||||||
21 | constitutes a hazard; and | ||||||
22 | (4) that when crossing a divided highway, the crossing | ||||||
23 | is made only at an intersection of the highway with another | ||||||
24 | public street, road, or highway. | ||||||
25 | (i) No action taken by a unit of local government under | ||||||
26 | this Section designates the operation of a non-highway vehicle |
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1 | as an intended or permitted use of property with respect to | ||||||
2 | Section 3-102 of the Local Governmental and Governmental | ||||||
3 | Employees Tort Immunity Act. | ||||||
4 | (Source: P.A. 95-150, 8-14-07; 95-414, eff. 8-24-07; 95-575, | ||||||
5 | eff. 8-31-07; 95-876, eff. 8-21-08; 96-279, eff. 1-1-10; | ||||||
6 | 96-1434, eff. 8-11-10.) | ||||||
7 | (625 ILCS 5/11-1426.2) | ||||||
8 | Sec. 11-1426.2. Operation of low-speed vehicles on | ||||||
9 | streets. | ||||||
10 | (a) Except as otherwise provided in this Section, it is | ||||||
11 | lawful for any person to drive or operate a low-speed vehicle | ||||||
12 | upon any street in this State where the posted speed limit is | ||||||
13 | 30 miles per hour or less. | ||||||
14 | (b) Low-speed vehicles may cross a street at an | ||||||
15 | intersection where the street being crossed has a posted speed | ||||||
16 | limit of not more than 45 miles per hour. Low-speed vehicles | ||||||
17 | may not cross a street with a speed limit in excess of 45 miles | ||||||
18 | per hour unless the crossing is at an intersection controlled | ||||||
19 | by a traffic light or 4-way stop sign. | ||||||
20 | (c) The Department of Transportation or a municipality, | ||||||
21 | township, county, or other unit of local government may | ||||||
22 | prohibit, by regulation, ordinance, or resolution, the | ||||||
23 | operation of low-speed vehicles on streets under its | ||||||
24 | jurisdiction where the posted speed limit is 30 miles per hour | ||||||
25 | or less if the Department of Transportation or unit of local |
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1 | government determines that the public safety would be | ||||||
2 | jeopardized. | ||||||
3 | (d) Upon determining that low-speed vehicles may not safely | ||||||
4 | operate on a street, and upon the adoption of an ordinance or | ||||||
5 | resolution by a unit of local government, or regulation by the | ||||||
6 | Department of Transportation, the operation of low-speed | ||||||
7 | vehicles may be prohibited. The unit of local government or the | ||||||
8 | Department of Transportation may prohibit the operation of | ||||||
9 | low-speed vehicles on any and all streets under its | ||||||
10 | jurisdiction. Appropriate signs shall be posted in conformance | ||||||
11 | with the State Manual on Uniform Traffic Control Devices | ||||||
12 | adopted pursuant to Section 11-301 of this Code. | ||||||
13 | (e) If a street is under the jurisdiction of more than one | ||||||
14 | unit of local government, or under the jurisdiction of the | ||||||
15 | Department of Transportation and one or more units of local | ||||||
16 | government, low-speed vehicles may be operated on the street | ||||||
17 | unless each unit of local government and the Department of | ||||||
18 | Transportation agree and take action to prohibit such operation | ||||||
19 | as provided in this Section. | ||||||
20 | (e-5) A unit of local government may, by ordinance or | ||||||
21 | resolution, authorize the operation of low-speed vehicles on | ||||||
22 | one or more streets under its jurisdiction that have a speed | ||||||
23 | limit of more than 30 miles per hour but not greater than 35 | ||||||
24 | miles per hour. | ||||||
25 | Before authorizing the operation of low-speed vehicles on | ||||||
26 | any street under this subsection (e-5), the unit of local |
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1 | government must consider the volume, speed, and character of | ||||||
2 | traffic on the street and determine whether low-speed vehicles | ||||||
3 | may travel safely on that street. | ||||||
4 | If a street is under the jurisdiction of more than one unit | ||||||
5 | of government, low-speed vehicles may not be operated on the | ||||||
6 | street under this subsection (e-5) unless each unit of | ||||||
7 | government agrees and takes action as provided in this | ||||||
8 | subsection. | ||||||
9 | Upon the adoption of an ordinance authorizing low-speed | ||||||
10 | vehicles under this subsection (e-5), appropriate signs shall | ||||||
11 | be posted. | ||||||
12 | (f) No low-speed vehicle may be operated on any street | ||||||
13 | unless, at a minimum, it has the following: brakes, a steering | ||||||
14 | apparatus, tires, a rearview mirror, red reflectorized warning | ||||||
15 | devices in the front and rear, a headlight that emits a white | ||||||
16 | light visible from a distance of 500 feet to the front, a tail | ||||||
17 | lamp that emits a red light visible from at least 100 feet from | ||||||
18 | the rear, brake lights, and turn signals. When operated on a | ||||||
19 | street, a low-speed vehicle shall have its headlight and tail | ||||||
20 | lamps lighted as required by Section 12-201 of this Code. The | ||||||
21 | low-speed vehicle shall also have signs or decals permanently | ||||||
22 | and conspicuously affixed to the rear of the vehicle and the | ||||||
23 | dashboard of the vehicle stating "This Vehicle May Not Be | ||||||
24 | Operated on Streets With Speed Limits in Excess of 30 m.p.h." | ||||||
25 | The lettering of the sign or decal on the rear of the vehicle | ||||||
26 | shall be not less than 2 inches in height. The lettering on the |
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1 | sign or decal on the dashboard shall be not less than one-half | ||||||
2 | inch in height. | ||||||
3 | (g) A person may not operate a low-speed vehicle upon any | ||||||
4 | street in this State unless he or she has a valid driver's | ||||||
5 | license issued in his or her name by the Secretary of State or | ||||||
6 | a foreign jurisdiction. | ||||||
7 | (h) The operation of a low-speed vehicle upon any street is | ||||||
8 | subject to the provisions of Chapter 11 of this Code concerning | ||||||
9 | the Rules of the Road, and applicable local ordinances. | ||||||
10 | (i) Every owner of a low-speed vehicle is subject to the | ||||||
11 | mandatory insurance requirements specified in Article VI of | ||||||
12 | Chapter 7 of this Code. | ||||||
13 | (j) Any person engaged in the retail sale of low-speed | ||||||
14 | vehicles are required to comply with the motor vehicle dealer | ||||||
15 | licensing, registration, and bonding laws of this State, as | ||||||
16 | specified in Sections 5-101 and 5-102 of this Code. | ||||||
17 | (k) No action taken by a unit of local government under | ||||||
18 | this Section designates the operation of a low-speed vehicle as | ||||||
19 | an intended or permitted use of property with respect to | ||||||
20 | Section 3-102 of the Local Governmental and Governmental | ||||||
21 | Employees Tort Immunity Act. | ||||||
22 | (Source: P.A. 96-653, eff. 1-1-10; 96-1434, eff. 8-11-10.) | ||||||
23 | (625 ILCS 5/1-148.3m rep.) | ||||||
24 | Section 10. The Illinois Vehicle Code is amended by | ||||||
25 | repealing Section 1-148.3m.
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.
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