Full Text of HB6094 96th General Assembly
HB6094ham001 96TH GENERAL ASSEMBLY
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Rep. Emily McAsey
Filed: 3/12/2010
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LRB096 20767 AJT 38676 a |
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| AMENDMENT TO HOUSE BILL 6094
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| AMENDMENT NO. ______. Amend House Bill 6094 by replacing | 3 |
| everything after the enacting clause with the following:
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| "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.
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| (Source: P.A. 96-279, eff. 1-1-10.) |
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| (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 |
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| 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 |
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| 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.
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| (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 |
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| 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 |
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| 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.)
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| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.".
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