Full Text of HB3548 103rd General Assembly
HB3548ham001 103RD GENERAL ASSEMBLY | Rep. Bradley Fritts Filed: 2/16/2024
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| 1 | | AMENDMENT TO HOUSE BILL 3548
| 2 | | AMENDMENT NO. ______. Amend House Bill 3548 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing 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 |
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| 1 | | (4) a recreational off-highway vehicle, as defined by | 2 | | Section 1-168.8. | 3 | | (b) Except as otherwise provided in this Section, it is | 4 | | unlawful
for any person to drive or operate a non-highway | 5 | | vehicle
upon any street, highway, or roadway in this State. If | 6 | | the operation of a non-highway vehicle is authorized under | 7 | | subsection (d), the non-highway vehicle may be operated only | 8 | | on streets where the posted speed limit is 55 35 miles per hour | 9 | | or less. This subsection (b) does not prohibit a non-highway | 10 | | vehicle from crossing a road or street at an intersection | 11 | | where the road or street has a posted speed limit of more than | 12 | | 55 35 miles per hour. | 13 | | (b-5) A person may not operate a non-highway vehicle upon | 14 | | any street, highway, or roadway in this State unless he or she | 15 | | has a valid driver's license issued in his or her name by the | 16 | | Secretary of State or by a foreign jurisdiction. | 17 | | (c) No person operating a non-highway vehicle shall make a | 18 | | direct crossing upon or across any tollroad,
interstate | 19 | | highway, or controlled access highway in this State. No person | 20 | | operating a non-highway vehicle shall make a direct crossing | 21 | | upon or across any other highway under the jurisdiction of the | 22 | | State except at an intersection of the highway with another | 23 | | public street, road, or highway. | 24 | | (c-5) (Blank). | 25 | | (d) A municipality, township, county, or other unit of | 26 | | local government may authorize, by ordinance or resolution, |
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| 1 | | the operation of non-highway vehicles on roadways under its | 2 | | jurisdiction if the unit of local government determines that | 3 | | the public safety will not be jeopardized. The Department may | 4 | | authorize
the operation of non-highway vehicles on the | 5 | | roadways under its jurisdiction if the Department determines | 6 | | that the public safety will not be jeopardized. The unit of | 7 | | local government or the Department may restrict the types of | 8 | | non-highway vehicles that are authorized to be used on its | 9 | | streets. | 10 | | Before permitting the operation of non-highway vehicles on | 11 | | its roadways,
a municipality, township, county, other unit of | 12 | | local government, or the Department must consider the volume, | 13 | | speed, and character of traffic on the roadway and determine | 14 | | whether non-highway vehicles may safely travel on or cross the | 15 | | roadway. Upon determining that non-highway vehicles may safely | 16 | | operate on a roadway and the adoption of an ordinance or | 17 | | resolution by a municipality, township, county, or other unit | 18 | | of local government, or authorization by the Department, | 19 | | appropriate signs shall be posted. | 20 | | If a roadway is under the jurisdiction of more than one | 21 | | unit of government, non-highway vehicles may not be operated | 22 | | on the roadway unless each
unit of government agrees and takes | 23 | | action as provided in this subsection. | 24 | | (e) No non-highway vehicle may be operated on a roadway | 25 | | unless, at a minimum, it has
the following: brakes, a steering | 26 | | apparatus, tires, a rearview mirror, red reflectorized warning |
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| 1 | | devices in the front and rear, a slow moving emblem (as | 2 | | required of other vehicles in Section 12-709 of this Code) on | 3 | | the rear of the non-highway vehicle, a headlight that emits a | 4 | | white light visible from a distance of 500 feet to the front, a | 5 | | tail lamp that emits a
red light visible from at least 100 feet | 6 | | from the rear, brake lights, and turn signals. When operated | 7 | | on a roadway, a non-highway vehicle shall have its headlight | 8 | | and tail lamps lighted as required by Section 12-201 of this | 9 | | Code. | 10 | | (f) A person who drives or is in actual physical control of | 11 | | a non-highway vehicle on a roadway while under the influence | 12 | | is subject to Sections 11-500 through 11-502 of this Code. | 13 | | (g) Any person who operates a non-highway vehicle on a | 14 | | street, highway, or roadway shall be subject to the mandatory | 15 | | insurance requirements under Article VI of Chapter 7 of this | 16 | | Code. | 17 | | (h) It shall not be unlawful for any person to drive or | 18 | | operate a non-highway vehicle, as defined in paragraphs (1) | 19 | | and (4) of subsection (a) of this Section, on a county roadway | 20 | | or township roadway for the purpose of conducting farming | 21 | | operations to and from the home, farm, farm buildings, and any | 22 | | adjacent or nearby farm land. | 23 | | Non-highway vehicles, as used in this subsection (h), | 24 | | shall not be subject to subsections (e) and (g) of this | 25 | | Section. However, if the non-highway vehicle, as used in this | 26 | | Section, is not covered under a motor vehicle insurance policy |
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| 1 | | pursuant to subsection (g) of this Section, the vehicle must | 2 | | be covered under a farm, home, or non-highway vehicle | 3 | | insurance policy issued with coverage amounts no less than the | 4 | | minimum amounts set for bodily injury or death and for | 5 | | destruction of property under Section 7-203 of this Code. | 6 | | Non-highway vehicles operated on a county or township roadway | 7 | | at any time between one-half hour before sunset and one-half | 8 | | hour after sunrise must be equipped with head lamps and tail | 9 | | lamps, and the head lamps and tail lamps must be lighted. | 10 | | Non-highway vehicles, as used in this subsection (h), | 11 | | shall not make a direct crossing upon or across any tollroad, | 12 | | interstate highway, or controlled access highway in this | 13 | | State. | 14 | | Non-highway vehicles, as used in this subsection (h), | 15 | | shall be allowed to cross a State highway, municipal street, | 16 | | county highway, or road district highway if the operator of | 17 | | the non-highway vehicle makes a direct crossing provided: | 18 | | (1) the crossing is made at an angle of approximately | 19 | | 90 degrees to the direction of the street, road or highway | 20 | | and at a place where no obstruction prevents a quick and | 21 | | safe crossing; | 22 | | (2) the non-highway vehicle is brought to a complete | 23 | | stop before attempting a crossing; | 24 | | (3) the operator of the non-highway vehicle yields the | 25 | | right of way to all pedestrian and vehicular traffic which | 26 | | constitutes a hazard; and |
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| 1 | | (4) that when crossing a divided highway, the crossing | 2 | | is made only at an intersection of the highway with | 3 | | another public street, road, or highway. | 4 | | (i) No action taken by a unit of local government under | 5 | | this Section designates the operation of a non-highway vehicle | 6 | | as an intended or permitted use of property with respect to | 7 | | Section 3-102 of the Local Governmental and Governmental | 8 | | Employees Tort Immunity Act. | 9 | | (j) A county board or township located in a county that | 10 | | permits the use of a non-highway vehicle on its roadways shall | 11 | | not be deemed liable for crashes involving the use of a | 12 | | non-highway vehicle on its roadways. | 13 | | (k) 2-wheeled non-highway vehicles shall be subject to the | 14 | | same safety requirements as motorcycles. | 15 | | (Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.)".
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