Full Text of HB1986 97th General Assembly
HB1986eng 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 11-1426.1 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 | | (b) Except as otherwise provided in this Section, it is | 20 | | unlawful
for any person to drive or operate a non-highway | 21 | | vehicle
upon any street, highway, or roadway in this State. If | 22 | | the operation of a non-highway vehicle is authorized under | 23 | | subsection (d), the non-highway vehicle may be operated only on |
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| 1 | | streets where the posted speed limit is 35 miles per hour or | 2 | | less. This subsection (b) does not prohibit a non-highway | 3 | | vehicle from crossing a road or street at an intersection where | 4 | | the road or street has a posted speed limit of more than 35 | 5 | | miles per hour. | 6 | | (b-5) A person may not operate a non-highway vehicle upon | 7 | | any street, highway, or roadway in this State unless he or she | 8 | | has a valid driver's license issued in his or her name by the | 9 | | Secretary of State or by a foreign jurisdiction. | 10 | | (c) Except as otherwise provided in subsection (c-5), no | 11 | | person operating a non-highway vehicle shall make a direct | 12 | | crossing upon or across any highway under the jurisdiction of | 13 | | the State, tollroad,
interstate highway, or controlled access | 14 | | highway in this State. | 15 | | (c-5) A person may make a direct crossing at an | 16 | | intersection controlled by a traffic light or 4-way stop sign | 17 | | upon or across a highway under the jurisdiction of the State if | 18 | | the speed limit on the highway is 35 miles per hour or less at | 19 | | the place of crossing , except an all-terrain vehicle or a | 20 | | recreational off-highway vehicle authorized under subsection | 21 | | (d-5) may make a direct crossing at an intersection controlled | 22 | | by a traffic light or 4-way stop sign upon or across a highway | 23 | | under the jurisdiction of the State if the highway is a rural | 24 | | road . | 25 | | (d) A municipality, township, county, or other unit of | 26 | | local government may authorize, by ordinance or resolution, the |
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| 1 | | 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 roadways | 5 | | under its jurisdiction if the Department determines that the | 6 | | public safety will not be jeopardized. The unit of local | 7 | | 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 on | 22 | | the roadway unless each
unit of government agrees and takes | 23 | | action as provided in this subsection. | 24 | | (d-5) A unit of local government, including a home rule | 25 | | unit, shall authorize, by ordinance or resolution, the | 26 | | operation of all-terrain vehicles or recreational off-highway |
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| 1 | | vehicles or both on rural roads under its jurisdiction if the | 2 | | unit of local government determines that the public safety will | 3 | | not be jeopardized. The Department shall authorize
the | 4 | | operation of all-terrain vehicles or recreational off-highway | 5 | | vehicles or both on the rural roads under its jurisdiction if | 6 | | the Department determines that the public safety will not be | 7 | | jeopardized. | 8 | | Before permitting the operation of all-terrain vehicles or | 9 | | recreational off-highway vehicles or both on its rural roads,
a | 10 | | unit of local government or the Department must consider the | 11 | | volume, speed, and character of traffic on the roadway and | 12 | | determine whether all-terrain vehicles or recreational | 13 | | off-highway vehicles may safely travel on or cross the roadway. | 14 | | Upon determining that all-terrain vehicles or recreational | 15 | | off-highway vehicles or both may safely operate on a roadway | 16 | | and the adoption of an ordinance or resolution by a unit of | 17 | | local government or authorization by the Department, | 18 | | appropriate signs shall be posted. | 19 | | If a roadway is under the jurisdiction of more than one | 20 | | unit of government, all-terrain vehicles and recreational | 21 | | off-highway vehicles may not be operated on the roadway unless | 22 | | each
unit of government agrees and takes action as provided in | 23 | | this subsection. | 24 | | A home rule unit of government may not
regulate the | 25 | | operation of all-terrain vehicles or recreational off-highway | 26 | | vehicles on rural roads in a manner
more restrictive than the |
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| 1 | | regulation by the State of
the operation of all-terrain | 2 | | vehicles or recreational off-highway vehicles on rural roads | 3 | | under this Act. This
subsection (d-5) is a limitation under | 4 | | subsection (i) of
Section 6 of Article VII of the Illinois
| 5 | | Constitution on the concurrent exercise by home rule
units of | 6 | | powers and functions exercised by the
State. | 7 | | (e) No non-highway vehicle may be operated on a roadway | 8 | | unless, at a minimum, it has
the following: brakes, a steering | 9 | | apparatus, tires, a rearview mirror, red reflectorized warning | 10 | | devices in the front and rear, a slow moving emblem (as | 11 | | required of other vehicles in Section 12-709 of this Code) on | 12 | | the rear of the non-highway vehicle, a headlight that emits a | 13 | | white light visible from a distance of 500 feet to the front, a | 14 | | tail lamp that emits a
red light visible from at least 100 feet | 15 | | from the rear, brake lights, and turn signals. When operated on | 16 | | a roadway, a non-highway vehicle shall have its headlight and | 17 | | tail lamps lighted as required by Section 12-201 of this Code. | 18 | | (f) A person who drives or is in actual physical control of | 19 | | a non-highway vehicle on a roadway while under the influence is | 20 | | subject to Sections 11-500 through 11-502 of this Code. | 21 | | (g) Any person who operates a non-highway vehicle on a | 22 | | street, highway, or roadway shall be subject to the mandatory | 23 | | insurance requirements under Article VI of Chapter 7 of this | 24 | | Code. | 25 | | (h) It shall not be unlawful for any person to drive or | 26 | | operate a non-highway vehicle, as defined in paragraphs (1) and |
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| 1 | | (4) of subsection (a) of this Section, on a county roadway or | 2 | | township roadway for the purpose of conducting farming | 3 | | operations to and from the home, farm, farm buildings, and any | 4 | | adjacent or nearby farm land. | 5 | | Non-highway vehicles, as used in this subsection (h), shall | 6 | | not be subject to subsections (e) and (g) of this Section. | 7 | | However, if the non-highway vehicle, as used in this Section, | 8 | | is not covered under a motor vehicle insurance policy pursuant | 9 | | to subsection (g) of this Section, the vehicle must be covered | 10 | | under a farm, home, or non-highway vehicle insurance policy | 11 | | issued with coverage amounts no less than the minimum amounts | 12 | | set for bodily injury or death and for destruction of property | 13 | | under Section 7-203 of this Code. Non-highway vehicles operated | 14 | | on a county or township roadway at any time between one-half | 15 | | hour before sunset and one-half hour after sunrise must be | 16 | | equipped with head lamps and tail lamps, and the head lamps and | 17 | | tail lamps must be lighted. | 18 | | Non-highway vehicles, as used in this subsection (h), shall | 19 | | not make a direct crossing upon or across any tollroad, | 20 | | interstate highway, or controlled access highway in this State. | 21 | | Non-highway vehicles, as used in this subsection (h), shall | 22 | | be allowed to cross a State highway, municipal street, county | 23 | | highway, or road district highway if the operator of the | 24 | | non-highway vehicle makes a direct crossing provided: | 25 | | (1) the crossing is made at an angle of approximately | 26 | | 90 degrees to the direction of the street, road or highway |
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| 1 | | and at a place where no obstruction prevents a quick and | 2 | | safe crossing; | 3 | | (2) the non-highway vehicle is brought to a complete | 4 | | stop before attempting a crossing; | 5 | | (3) the operator of the non-highway vehicle yields the | 6 | | right of way to all pedestrian and vehicular traffic which | 7 | | constitutes a hazard; and | 8 | | (4) that when crossing a divided highway, the crossing | 9 | | is made only at an intersection of the highway with another | 10 | | public street, road, or highway. | 11 | | (i) No action taken by a unit of local government under | 12 | | this Section designates the operation of a non-highway vehicle | 13 | | as an intended or permitted use of property with respect to | 14 | | Section 3-102 of the Local Governmental and Governmental | 15 | | Employees Tort Immunity Act. | 16 | | (Source: P.A. 96-279, eff. 1-1-10; 96-1434, eff. 8-11-10; | 17 | | 97-144, eff. 7-14-11.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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