Full Text of HB1162 97th General Assembly
HB1162eng 97TH GENERAL ASSEMBLY |
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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 11-1427 as follows:
| 6 | | (625 ILCS 5/11-1427)
| 7 | | Sec. 11-1427.
Illegal operation of an all-terrain vehicle
| 8 | | or off-highway motorcycle. It is unlawful for any person to | 9 | | drive
or operate any all-terrain vehicle or off-highway | 10 | | motorcycle in the following
ways:
| 11 | | (a) Careless Operation. No person shall operate any | 12 | | all-terrain vehicle
or off-highway motorcycle in a careless or | 13 | | heedless manner so as to be
grossly indifferent to the person | 14 | | or property of other persons, or at a
rate of speed greater | 15 | | than will permit him in the exercise of reasonable
care to | 16 | | bring the all-terrain vehicle or off-highway motorcycle to a | 17 | | stop
within the assured clear distance ahead.
| 18 | | (b) Reckless Operation. No person shall operate any | 19 | | all-terrain vehicle
or off-highway motorcycle in such a manner | 20 | | as to endanger the life, limb or
property of any person.
| 21 | | (c) Within any nature preserve as defined in Section 3.11 | 22 | | of the
Illinois Natural Areas Preservation Act.
| 23 | | (d) On the tracks or right of way of an operating railroad.
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| 1 | | (e) In any tree nursery or planting in a manner which | 2 | | damages or
destroys growing stock, or creates a substantial | 3 | | risk thereto.
| 4 | | (f) On private property, without the written or verbal | 5 | | consent of the
owner or lessee thereof. Any person operating an | 6 | | all-terrain vehicle or off-highway
motorcycle upon lands of
| 7 | | another shall stop and identify himself upon the request of the
| 8 | | landowner or his duly authorized representative, and, if | 9 | | requested to do
so by the landowner shall promptly remove the | 10 | | all-terrain vehicle or
off-highway motorcycle from the | 11 | | premises.
| 12 | | (g) Notwithstanding any other law to the contrary, an | 13 | | owner, lessee,
or occupant of premises owes no duty of care to | 14 | | keep
the premises safe for entry or use by others for use by an | 15 | | all-terrain
vehicle or off-highway motorcycle, or to
give | 16 | | warning of any condition, use, structure or activity
on such | 17 | | premises.
This subsection does not apply where permission to | 18 | | drive or operate an
all-terrain vehicle or off-highway | 19 | | motorcycle
is given for a valuable consideration other than to | 20 | | this
State, any political subdivision or municipality of this | 21 | | State, or any
landowner
who is paid with funds from the | 22 | | Off-Highway Vehicle Trails Fund. In
the case of land leased to | 23 | | the State or a subdivision of the State, any
consideration | 24 | | received is not valuable consideration within the meaning of
| 25 | | this Section.
| 26 | | Nothing in this subsection limits in any way liability |
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| 1 | | which
otherwise exists for willful or malicious failure to | 2 | | guard or warn against
a dangerous condition, use, structure, or | 3 | | activity.
| 4 | | (h) On publicly owned lands unless such lands are | 5 | | designated for use by
all-terrain vehicles or off-highway | 6 | | motorcycles.
For publicly owned lands to be designated for use | 7 | | by all-terrain vehicles
or off-highway motorcycles a public | 8 | | hearing shall be conducted by the
governmental entity that has | 9 | | jurisdiction over the proposed land
prior to the designation.
| 10 | | Nothing in this subsection limits in any way liability | 11 | | which
otherwise exists for willful or malicious failure to | 12 | | guard or warn against
a dangerous condition, use, structure, or | 13 | | activity.
| 14 | | (h-1) At a rate of speed too fast for conditions, and the | 15 | | fact that the
speed of the all-terrain vehicle or off-highway | 16 | | motorcycle does not exceed the
applicable maximum speed
limit | 17 | | allowed does not relieve the driver from the duty to decrease
| 18 | | speed as may be necessary to avoid colliding with any person, | 19 | | vehicle,
or object within legal requirements and the duty of | 20 | | all persons to use
due care.
| 21 | | (h-2) On the frozen surface of public waters of this State | 22 | | within 100
feet of a person, including a skater, not in or upon | 23 | | an
all-terrain vehicle or off-highway motorcycle; within
100 | 24 | | feet of a person engaged in fishing, except at the minimum | 25 | | speed
required to maintain forward movement of the all-terrain | 26 | | vehicle or off-highway
motorcycle; on an area
which has been |
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| 1 | | cleared of snow for skating purposes unless the area is
| 2 | | necessary for access to the frozen waters of this State.
| 3 | | (h-3) Within 100 feet of a dwelling between midnight and 6 | 4 | | a.m. at a
speed greater than the minimum required to maintain | 5 | | forward movement of
the all-terrain vehicle or off-highway | 6 | | motorcycle. This subdivision (h-5) does
not
apply on private | 7 | | property
where verbal or written consent of the owner or lessee | 8 | | has been granted
to drive or operate an all-terrain vehicle or | 9 | | off-highway motorcycle upon the
private property or frozen | 10 | | waters of this State.
| 11 | | (i) Other Prohibitions.
| 12 | | (1) No person, except persons permitted by
law, shall | 13 | | operate or ride any all-terrain vehicle or off-highway
| 14 | | motorcycle with any firearm in his or her possession unless | 15 | | he or she is
in compliance with Sections 24-1, 24-1.6, and | 16 | | 24-2 of the Criminal Code of 1961 Section 2.33 of the | 17 | | Wildlife Code .
| 18 | | (2) No person shall operate any all-terrain vehicle or | 19 | | off-highway
motorcycle emitting pollutants in violation of | 20 | | standards established
pursuant to the Environmental | 21 | | Protection Act.
| 22 | | (3) No person shall deposit from an all-terrain vehicle | 23 | | or off-highway
motorcycle on the snow, ice or ground | 24 | | surface, trash, glass, garbage,
insoluble material, or | 25 | | other offensive matter.
| 26 | | (Source: P.A. 90-14, eff. 9-1-97; 90-287, eff. 1-1-98.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
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