Full Text of HB4767 101st General Assembly
HB4767 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4767 Introduced 2/18/2020, by Rep. Patrick Windhorst - Tom Demmer SYNOPSIS AS INTRODUCED: |
| |
Amends the Illinois Vehicle Code. Provides that a person may operate a non-highway vehicle on a roadway with a speed limit of 55 miles per hour or less (rather than 35 miles per hour or less) if the roadway is not a State highway, federal highway, or within the boundaries of an incorporated area. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | HB4767 | | LRB101 17285 HEP 69617 b |
|
| 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 |
| | | HB4767 | - 2 - | LRB101 17285 HEP 69617 b |
|
| 1 | | streets where the posted speed limit is 35 miles per hour or | 2 | | less or on a roadway with a speed limit of 55 miles per hour or | 3 | | less if the roadway is not a State highway, federal highway, or | 4 | | within the boundaries of an incorporated area . This subsection | 5 | | (b) does not prohibit a non-highway vehicle from crossing a | 6 | | road or street at an intersection where the road or street has | 7 | | a posted speed limit of more than 35 miles per hour. | 8 | | (b-5) A person may not operate a non-highway vehicle upon | 9 | | any street, highway, or roadway in this State unless he or she | 10 | | has a valid driver's license issued in his or her name by the | 11 | | Secretary of State or by a foreign jurisdiction. | 12 | | (c) No person operating a non-highway vehicle shall make a | 13 | | direct crossing upon or across any tollroad,
interstate | 14 | | highway, or controlled access highway in this State. No person | 15 | | operating a non-highway vehicle shall make a direct crossing | 16 | | upon or across any other highway under the jurisdiction of the | 17 | | State except at an intersection of the highway with another | 18 | | public street, road, or highway. | 19 | | (c-5) (Blank). | 20 | | (d) A municipality, township, county, or other unit of | 21 | | local government may authorize, by ordinance or resolution, the | 22 | | operation of non-highway vehicles on roadways under its | 23 | | jurisdiction if the unit of local government determines that | 24 | | the public safety will not be jeopardized. The Department may | 25 | | authorize
the operation of non-highway vehicles on the roadways | 26 | | under its jurisdiction if the Department determines that the |
| | | HB4767 | - 3 - | LRB101 17285 HEP 69617 b |
|
| 1 | | public safety will not be jeopardized. The unit of local | 2 | | government or the Department may restrict the types of | 3 | | non-highway vehicles that are authorized to be used on its | 4 | | streets. | 5 | | Before permitting the operation of non-highway vehicles on | 6 | | its roadways,
a municipality, township, county, other unit of | 7 | | local government, or the Department must consider the volume, | 8 | | speed, and character of traffic on the roadway and determine | 9 | | whether non-highway vehicles may safely travel on or cross the | 10 | | roadway. Upon determining that non-highway vehicles may safely | 11 | | operate on a roadway and the adoption of an ordinance or | 12 | | resolution by a municipality, township, county, or other unit | 13 | | of local government, or authorization by the Department, | 14 | | appropriate signs shall be posted. | 15 | | If a roadway is under the jurisdiction of more than one | 16 | | unit of government, non-highway vehicles may not be operated on | 17 | | the roadway unless each
unit of government agrees and takes | 18 | | action as provided in this subsection. | 19 | | (e) No non-highway vehicle may be operated on a roadway | 20 | | unless, at a minimum, it has
the following: brakes, a steering | 21 | | apparatus, tires, a rearview mirror, red reflectorized warning | 22 | | devices in the front and rear, a slow moving emblem (as | 23 | | required of other vehicles in Section 12-709 of this Code) on | 24 | | the rear of the non-highway vehicle, a headlight that emits a | 25 | | white light visible from a distance of 500 feet to the front, a | 26 | | tail lamp that emits a
red light visible from at least 100 feet |
| | | HB4767 | - 4 - | LRB101 17285 HEP 69617 b |
|
| 1 | | from the rear, brake lights, and turn signals. When operated on | 2 | | a roadway, a non-highway vehicle shall have its headlight and | 3 | | tail lamps lighted as required by Section 12-201 of this Code. | 4 | | (f) A person who drives or is in actual physical control of | 5 | | a non-highway vehicle on a roadway while under the influence is | 6 | | subject to Sections 11-500 through 11-502 of this Code. | 7 | | (g) Any person who operates a non-highway vehicle on a | 8 | | street, highway, or roadway shall be subject to the mandatory | 9 | | insurance requirements under Article VI of Chapter 7 of this | 10 | | Code. | 11 | | (h) It shall not be unlawful for any person to drive or | 12 | | operate a non-highway vehicle, as defined in paragraphs (1) and | 13 | | (4) of subsection (a) of this Section, on a county roadway or | 14 | | township roadway for the purpose of conducting farming | 15 | | operations to and from the home, farm, farm buildings, and any | 16 | | adjacent or nearby farm land. | 17 | | Non-highway vehicles, as used in this subsection (h), shall | 18 | | not be subject to subsections (e) and (g) of this Section. | 19 | | However, if the non-highway vehicle, as used in this Section, | 20 | | is not covered under a motor vehicle insurance policy pursuant | 21 | | to subsection (g) of this Section, the vehicle must be covered | 22 | | under a farm, home, or non-highway vehicle insurance policy | 23 | | issued with coverage amounts no less than the minimum amounts | 24 | | set for bodily injury or death and for destruction of property | 25 | | under Section 7-203 of this Code. Non-highway vehicles operated | 26 | | on a county or township roadway at any time between one-half |
| | | HB4767 | - 5 - | LRB101 17285 HEP 69617 b |
|
| 1 | | hour before sunset and one-half hour after sunrise must be | 2 | | equipped with head lamps and tail lamps, and the head lamps and | 3 | | tail lamps must be lighted. | 4 | | Non-highway vehicles, as used in this subsection (h), shall | 5 | | not make a direct crossing upon or across any tollroad, | 6 | | interstate highway, or controlled access highway in this State. | 7 | | Non-highway vehicles, as used in this subsection (h), shall | 8 | | be allowed to cross a State highway, municipal street, county | 9 | | highway, or road district highway if the operator of the | 10 | | non-highway vehicle makes a direct crossing provided: | 11 | | (1) the crossing is made at an angle of approximately | 12 | | 90 degrees to the direction of the street, road or highway | 13 | | and at a place where no obstruction prevents a quick and | 14 | | safe crossing; | 15 | | (2) the non-highway vehicle is brought to a complete | 16 | | stop before attempting a crossing; | 17 | | (3) the operator of the non-highway vehicle yields the | 18 | | right of way to all pedestrian and vehicular traffic which | 19 | | constitutes a hazard; and | 20 | | (4) that when crossing a divided highway, the crossing | 21 | | is made only at an intersection of the highway with another | 22 | | public street, road, or highway. | 23 | | (i) No action taken by a unit of local government under | 24 | | this Section designates the operation of a non-highway vehicle | 25 | | as an intended or permitted use of property with respect to | 26 | | Section 3-102 of the Local Governmental and Governmental |
| | | HB4767 | - 6 - | LRB101 17285 HEP 69617 b |
|
| 1 | | Employees Tort Immunity Act. | 2 | | (Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.
|
|