HB5006ham002 95TH GENERAL ASSEMBLY

Rep. Mike Boland

Filed: 4/1/2008

09500HB5006ham002 LRB095 17760 WGH 48518 a

AMENDMENT TO HOUSE BILL 5006

AMENDMENT NO. ______. Amend House Bill 5006, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Vehicle Code is amended by changing Section 11-1426.1 as follows:

(625 ILCS 5/11-1426.1)

Sec. 11-1426.1. Operation of neighborhood vehicles on streets, roads, and highways, and roadways.

(a) As used in this Section, "neighborhood vehicle" means a self-propelled, electronically powered four-wheeled motor vehicle (or a self-propelled, gasoline-powered four-wheeled motor vehicle with an engine displacement under 1,200 cubic centimeters) which is capable of attaining in one mile a speed of more than 20 miles per hour, but not more than 25 miles per hour, and which conforms to federal regulations under Title 49 C.F.R. Part 571.500.

(b) Except as otherwise provided in this Section, it is unlawful for any person to drive or operate a neighborhood vehicle upon any street, highway, or roadway in this State. If the operation of a neighborhood vehicle is authorized under subsection (d), the neighborhood vehicle may be operated only on streets, highways, or roadways where the posted speed limit is 35 miles per hour or less. This subsection (b) does not prohibit a neighborhood vehicle from crossing a road or street, highway, or roadway at an intersection where the road or street, highway, or roadway has a posted speed limit of more than 35 miles per hour.

(b-5) A person may not operate a neighborhood vehicle upon any street, highway, or roadway in this State unless he or she has a valid Illinois driver's license issued in his or her name by the Secretary of State.

(c) No Except as otherwise provided in subsection (c-5), no person operating a neighborhood vehicle shall make a direct crossing upon or across any freeway highway under the jurisdiction of the State, tollroad, or interstate highway, or controlled access highway in this State.

(c-5) (Blank) A person may make a direct crossing at an intersection controlled by a traffic light or 4-way stop sign upon or across a highway under the jurisdiction of the State if the speed limit on the highway is 35 miles per hour or less at the place of crossing.

(d) A municipality, township, county, or other unit of local government may authorize, by ordinance or resolution, the operation of neighborhood vehicles on streets, highways, or roadways under its jurisdiction if the unit of local government determines that the public safety will not be jeopardized. The Department may authorize the operation of neighborhood vehicles on the streets, highways, or roadways under its jurisdiction if the Department determines that the public safety will not be jeopardized.

Before permitting the operation of neighborhood vehicles on its streets, highways, or roadways, a municipality, township, county, other unit of local government, or the Department must consider the volume, speed, and character of traffic on the street, highway, or roadway and determine whether neighborhood vehicles may safely travel on or cross the street, highway, or roadway. Upon determining that neighborhood vehicles may safely operate on a street, highway, or roadway and the adoption of an ordinance or resolution by a municipality, township, county, or other unit of local government, or authorization by the Department, appropriate signs shall be posted.

If a street, highway, or roadway is under the jurisdiction of more than one unit of government, neighborhood vehicles may not be operated on the street, highway, or roadway unless each unit of government agrees and takes action as provided in this subsection.

(e) No neighborhood vehicle may be operated on a street, highway, or roadway unless, at a minimum, it has the following: brakes, a steering apparatus, tires, a rearview mirror, red reflectorized warning devices in the front and rear, a slow moving emblem (as required of other vehicles in Section 12-709 of this Code) on the rear of the neighborhood vehicle, a headlight that emits a white light visible from a distance of 500 feet to the front, a tail lamp that emits a red light visible from at least 100 feet from the rear, brake lights, and turn signals. When operated on a street, highway, or roadway, a neighborhood vehicle shall have its headlight and tail lamps lighted as required by Section 12-201 of this Code.

(f) A person who drives or is in actual physical control of a neighborhood vehicle on a street, highway, or roadway while under the influence is subject to Sections 11-500 through 11-502 of this Code.

(Source: P.A. 94-298, eff. 1-1-06; 95-150, 8-14-07; 95-414, eff. 8-24-07; 95-575, eff. 8-31-07; revised 11-19-07.)".