Illinois General Assembly - Full Text of HB2925
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Full Text of HB2925  102nd General Assembly

HB2925 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2925

 

Introduced 2/19/2021, by Rep. Patrick Windhorst

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-1426.1

    Amends the Illinois Vehicle Code. Provides that a person may operate a non-highway vehicle on a roadway with a speed limit of 55 miles per hour or less (rather than 35 miles per hour or less) if the roadway is not a State highway, federal highway, or within the boundaries of an incorporated area. Effective immediately.


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A BILL FOR

 

HB2925LRB102 04251 HEP 14269 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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
17        (4) a recreational off-highway vehicle, as defined by
18    Section 1-168.8.
19    (b) Except as otherwise provided in this Section, it is
20unlawful for any person to drive or operate a non-highway
21vehicle upon any street, highway, or roadway in this State. If
22the operation of a non-highway vehicle is authorized under
23subsection (d), the non-highway vehicle may be operated only

 

 

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1on streets where the posted speed limit is 35 miles per hour or
2less or on a roadway with a speed limit of 55 miles per hour or
3less if the roadway is not a State highway, federal highway, or
4within the boundaries of an incorporated area. This subsection
5(b) does not prohibit a non-highway vehicle from crossing a
6road or street at an intersection where the road or street has
7a posted speed limit of more than 35 miles per hour.
8    (b-5) A person may not operate a non-highway vehicle upon
9any street, highway, or roadway in this State unless he or she
10has a valid driver's license issued in his or her name by the
11Secretary of State or by a foreign jurisdiction.
12    (c) No person operating a non-highway vehicle shall make a
13direct crossing upon or across any tollroad, interstate
14highway, or controlled access highway in this State. No person
15operating a non-highway vehicle shall make a direct crossing
16upon or across any other highway under the jurisdiction of the
17State except at an intersection of the highway with another
18public street, road, or highway.
19    (c-5) (Blank).
20    (d) A municipality, township, county, or other unit of
21local government may authorize, by ordinance or resolution,
22the operation of non-highway vehicles on roadways under its
23jurisdiction if the unit of local government determines that
24the public safety will not be jeopardized. The Department may
25authorize the operation of non-highway vehicles on the
26roadways under its jurisdiction if the Department determines

 

 

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1that the public safety will not be jeopardized. The unit of
2local government or the Department may restrict the types of
3non-highway vehicles that are authorized to be used on its
4streets.
5    Before permitting the operation of non-highway vehicles on
6its roadways, a municipality, township, county, other unit of
7local government, or the Department must consider the volume,
8speed, and character of traffic on the roadway and determine
9whether non-highway vehicles may safely travel on or cross the
10roadway. Upon determining that non-highway vehicles may safely
11operate on a roadway and the adoption of an ordinance or
12resolution by a municipality, township, county, or other unit
13of local government, or authorization by the Department,
14appropriate signs shall be posted.
15    If a roadway is under the jurisdiction of more than one
16unit of government, non-highway vehicles may not be operated
17on the roadway unless each unit of government agrees and takes
18action as provided in this subsection.
19    (e) No non-highway vehicle may be operated on a roadway
20unless, at a minimum, it has the following: brakes, a steering
21apparatus, tires, a rearview mirror, red reflectorized warning
22devices in the front and rear, a slow moving emblem (as
23required of other vehicles in Section 12-709 of this Code) on
24the rear of the non-highway vehicle, a headlight that emits a
25white light visible from a distance of 500 feet to the front, a
26tail lamp that emits a red light visible from at least 100 feet

 

 

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1from the rear, brake lights, and turn signals. When operated
2on a roadway, a non-highway vehicle shall have its headlight
3and tail lamps lighted as required by Section 12-201 of this
4Code.
5    (f) A person who drives or is in actual physical control of
6a non-highway vehicle on a roadway while under the influence
7is subject to Sections 11-500 through 11-502 of this Code.
8    (g) Any person who operates a non-highway vehicle on a
9street, highway, or roadway shall be subject to the mandatory
10insurance requirements under Article VI of Chapter 7 of this
11Code.
12    (h) It shall not be unlawful for any person to drive or
13operate a non-highway vehicle, as defined in paragraphs (1)
14and (4) of subsection (a) of this Section, on a county roadway
15or township roadway for the purpose of conducting farming
16operations to and from the home, farm, farm buildings, and any
17adjacent or nearby farm land.
18    Non-highway vehicles, as used in this subsection (h),
19shall not be subject to subsections (e) and (g) of this
20Section. However, if the non-highway vehicle, as used in this
21Section, is not covered under a motor vehicle insurance policy
22pursuant to subsection (g) of this Section, the vehicle must
23be covered under a farm, home, or non-highway vehicle
24insurance policy issued with coverage amounts no less than the
25minimum amounts set for bodily injury or death and for
26destruction of property under Section 7-203 of this Code.

 

 

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1Non-highway vehicles operated on a county or township roadway
2at any time between one-half hour before sunset and one-half
3hour after sunrise must be equipped with head lamps and tail
4lamps, and the head lamps and tail lamps must be lighted.
5    Non-highway vehicles, as used in this subsection (h),
6shall not make a direct crossing upon or across any tollroad,
7interstate highway, or controlled access highway in this
8State.
9    Non-highway vehicles, as used in this subsection (h),
10shall be allowed to cross a State highway, municipal street,
11county highway, or road district highway if the operator of
12the 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
24    another public street, road, or highway.
25    (i) No action taken by a unit of local government under
26this Section designates the operation of a non-highway vehicle

 

 

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1as an intended or permitted use of property with respect to
2Section 3-102 of the Local Governmental and Governmental
3Employees Tort Immunity Act.
4(Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.