Full Text of SB3168 100th General Assembly
SB3168 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB3168 Introduced 2/15/2018, by Sen. Steve Stadelman SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Vehicle Code. Defines "streets, roads, and highways". Provides that non-highway vehicles may be operated on roads and highways (in addition to streets) where the posted speed limit is 35 miles per hour or less within a municipality or 55 miles per hour or less outside of a municipality.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 11-1426.1 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) 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 | | (a-5) As used in this Section, "streets, roads, and | 20 | | highways" shall be defined as in the Highway Code. | 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 , roads, and highways where the posted speed limit is 35 | 4 | | miles per hour or less within a municipality or 55 miles per | 5 | | hour or less outside of a municipality . This subsection (b) | 6 | | does not prohibit a non-highway vehicle from crossing a road or | 7 | | street at an intersection where the road or street has a posted | 8 | | speed limit of more than 35 miles per hour. | 9 | | (b-5) A person may not operate a non-highway vehicle upon | 10 | | any street, highway, or roadway in this State unless he or she | 11 | | has a valid driver's license issued in his or her name by the | 12 | | Secretary of State or by a foreign jurisdiction. | 13 | | (c) No person operating a non-highway vehicle shall make a | 14 | | direct crossing upon or across any tollroad,
interstate | 15 | | highway, or controlled access highway in this State. No person | 16 | | operating a non-highway vehicle shall make a direct crossing | 17 | | upon or across any other highway under the jurisdiction of the | 18 | | State except at an intersection of the highway with another | 19 | | public street, road, or highway. | 20 | | (c-5) (Blank). | 21 | | (d) A municipality, township, county, or other unit of | 22 | | local government may authorize, by ordinance or resolution, the | 23 | | operation of non-highway vehicles on roadways under its | 24 | | jurisdiction if the unit of local government determines that | 25 | | the public safety will not be jeopardized. The Department may | 26 | | authorize
the operation of non-highway vehicles on the roadways |
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| 1 | | under its jurisdiction if the Department determines that the | 2 | | public safety will not be jeopardized. The unit of local | 3 | | government or the Department may restrict the types of | 4 | | non-highway vehicles that are authorized to be used on its | 5 | | streets. | 6 | | Before permitting the operation of non-highway vehicles on | 7 | | its roadways,
a municipality, township, county, other unit of | 8 | | local government, or the Department must consider the volume, | 9 | | speed, and character of traffic on the roadway and determine | 10 | | whether non-highway vehicles may safely travel on or cross the | 11 | | roadway. Upon determining that non-highway vehicles may safely | 12 | | operate on a roadway and the adoption of an ordinance or | 13 | | resolution by a municipality, township, county, or other unit | 14 | | of local government, or authorization by the Department, | 15 | | appropriate signs shall be posted. | 16 | | If a roadway is under the jurisdiction of more than one | 17 | | unit of government, non-highway vehicles may not be operated on | 18 | | the roadway unless each
unit of government agrees and takes | 19 | | action as provided in this subsection. | 20 | | (e) No non-highway vehicle may be operated on a roadway | 21 | | unless, at a minimum, it has
the following: brakes, a steering | 22 | | apparatus, tires, a rearview mirror, red reflectorized warning | 23 | | devices in the front and rear, a slow moving emblem (as | 24 | | required of other vehicles in Section 12-709 of this Code) on | 25 | | the rear of the non-highway vehicle, a headlight that emits a | 26 | | white light visible from a distance of 500 feet to the front, a |
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| 1 | | tail lamp that emits a
red light visible from at least 100 feet | 2 | | from the rear, brake lights, and turn signals. When operated on | 3 | | a roadway, a non-highway vehicle shall have its headlight and | 4 | | tail lamps lighted as required by Section 12-201 of this Code. | 5 | | (f) A person who drives or is in actual physical control of | 6 | | a non-highway vehicle on a roadway while under the influence is | 7 | | subject to Sections 11-500 through 11-502 of this Code. | 8 | | (g) Any person who operates a non-highway vehicle on a | 9 | | street, highway, or roadway shall be subject to the mandatory | 10 | | insurance requirements under Article VI of Chapter 7 of this | 11 | | Code. | 12 | | (h) It shall not be unlawful for any person to drive or | 13 | | operate a non-highway vehicle, as defined in paragraphs (1) and | 14 | | (4) of subsection (a) of this Section, on a county roadway or | 15 | | township roadway for the purpose of conducting farming | 16 | | operations to and from the home, farm, farm buildings, and any | 17 | | adjacent or nearby farm land. | 18 | | Non-highway vehicles, as used in this subsection (h), shall | 19 | | not be subject to subsections (e) and (g) of this Section. | 20 | | However, if the non-highway vehicle, as used in this Section, | 21 | | is not covered under a motor vehicle insurance policy pursuant | 22 | | to subsection (g) of this Section, the vehicle must be covered | 23 | | under a farm, home, or non-highway vehicle insurance policy | 24 | | issued with coverage amounts no less than the minimum amounts | 25 | | set for bodily injury or death and for destruction of property | 26 | | under Section 7-203 of this Code. Non-highway vehicles operated |
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| 1 | | on a county or township roadway at any time between one-half | 2 | | hour before sunset and one-half hour after sunrise must be | 3 | | equipped with head lamps and tail lamps, and the head lamps and | 4 | | tail lamps must be lighted. | 5 | | Non-highway vehicles, as used in this subsection (h), shall | 6 | | not make a direct crossing upon or across any tollroad, | 7 | | interstate highway, or controlled access highway in this State. | 8 | | Non-highway vehicles, as used in this subsection (h), shall | 9 | | be allowed to cross a State highway, municipal street, county | 10 | | highway, or road district highway if the operator of the | 11 | | non-highway vehicle makes a direct crossing provided: | 12 | | (1) the crossing is made at an angle of approximately | 13 | | 90 degrees to the direction of the street, road or highway | 14 | | and at a place where no obstruction prevents a quick and | 15 | | safe crossing; | 16 | | (2) the non-highway vehicle is brought to a complete | 17 | | stop before attempting a crossing; | 18 | | (3) the operator of the non-highway vehicle yields the | 19 | | right of way to all pedestrian and vehicular traffic which | 20 | | constitutes a hazard; and | 21 | | (4) that when crossing a divided highway, the crossing | 22 | | is made only at an intersection of the highway with another | 23 | | public street, road, or highway. | 24 | | (i) No action taken by a unit of local government under | 25 | | this Section designates the operation of a non-highway vehicle | 26 | | as an intended or permitted use of property with respect to |
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| 1 | | Section 3-102 of the Local Governmental and Governmental | 2 | | Employees Tort Immunity Act. | 3 | | (Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.)
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