Full Text of HB5436 103rd General Assembly
HB5436 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB5436 Introduced 2/9/2024, by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED: | | 625 ILCS 5/3-412 | from Ch. 95 1/2, par. 3-412 | 625 ILCS 5/3-805.6 new | | 625 ILCS 5/11-1426.1 | | 625 ILCS 5/11-1426.3 new | |
| Amends the Illinois Vehicle Code. Permits the operation of an all-terrain vehicle that meets certain criteria on any street, roadway, or highway in the State, unless the highway is an interstate system, is near a grade-separated portion of the highway, is within a municipality, or has a posted speed limit higher than 45 miles per hour. Provides that an all-terrain vehicle must be registered with the Secretary of State if the all-terrain vehicle is operated on roads within the State. Provides for the distribution of registration fees. Outlines the vehicle equipment requirements for the operation of an all-terrain vehicle on a roadway. Establishes that a township, county, or other unit of local government may authorize, by ordinance or resolution, the operation of all-terrain vehicles on roadways under its jurisdiction if the unit of local government determines that the public safety will not be jeopardized. Requires a non-highway vehicle that is manufactured not to exceed 40 miles per hour to have a slow moving emblem on the rear of the non-highway vehicle. Provides that the Department of Transportation may authorize the operation of all-terrain vehicles on the roadways under its jurisdiction if the Department determines that the public safety will not be jeopardized. Allows a unit of local government or the Department to restrict the types of all-terrain vehicles that are authorized to be used on its streets. Provides that a unit of local government that permits the use of an all-terrain vehicle on its roadways shall not be deemed liable for crashes involving the use of an all-terrain vehicle on its roadways. Makes other changes. |
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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 | 5 | | changing Sections 3-412 and 11-1426.1 and by adding Sections | 6 | | 3-805.6 and 11-1426.3 as follows: | 7 | | (625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412) | 8 | | Sec. 3-412. Registration plates or digital registration | 9 | | plates and registration stickers or digital registration | 10 | | stickers to be furnished by the Secretary of State. | 11 | | (a) The Secretary of State upon registering a vehicle | 12 | | subject to annual registration for the first time shall issue | 13 | | or shall cause to be issued to the owner one registration plate | 14 | | or digital registration plate for a motorcycle, trailer, | 15 | | semitrailer, moped, all-terrain vehicle, autocycle, or | 16 | | truck-tractor, 2 registration plates, or a digital | 17 | | registration plate and metal plate as set forth in Section | 18 | | 3-401.5, for other motor vehicles and, where applicable, | 19 | | current registration stickers or digital registration stickers | 20 | | for motor vehicles of the first division. The provisions of | 21 | | this Section may be made applicable to such vehicles of the | 22 | | second division, as the Secretary of State may, from time to | 23 | | time, in his discretion designate. On subsequent annual |
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| 1 | | registrations during the term of the registration plate or | 2 | | digital registration plate as provided in Section 3-414.1, the | 3 | | Secretary shall issue or cause to be issued registration | 4 | | stickers or digital registration stickers as evidence of | 5 | | current registration. However, the issuance of annual | 6 | | registration stickers or digital registration stickers to | 7 | | vehicles registered under the provisions of Sections 3-402.1 | 8 | | and 3-405.3 of this Code may not be required if the Secretary | 9 | | deems the issuance unnecessary. | 10 | | (b) Every registration plate or digital registration plate | 11 | | shall have displayed upon it the registration number assigned | 12 | | to the vehicle for which it is issued, the name of this State, | 13 | | which may be abbreviated, the year number for which it was | 14 | | issued, which may be abbreviated, the phrase "Land of Lincoln" | 15 | | (except as otherwise provided in this Code), and such other | 16 | | letters or numbers as the Secretary may prescribe. However, | 17 | | for apportionment plates issued to vehicles registered under | 18 | | Section 3-402.1 and fleet plates issued to vehicles registered | 19 | | under Section 3-405.3, the phrase "Land of Lincoln" may be | 20 | | omitted to allow for the word "apportioned", the word "fleet", | 21 | | or other similar language to be displayed. Registration plates | 22 | | or digital registration plates issued to a vehicle registered | 23 | | as a fleet vehicle may display a designation determined by the | 24 | | Secretary. | 25 | | The Secretary may in his discretion prescribe that letters | 26 | | be used as prefixes only on registration plates or digital |
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| 1 | | registration plates issued to vehicles of the first division | 2 | | which are registered under this Code and only as suffixes on | 3 | | registration plates or digital registration plates issued to | 4 | | other vehicles. Every registration sticker or digital | 5 | | registration sticker issued as evidence of current | 6 | | registration shall designate the year number for which it is | 7 | | issued and such other letters or numbers as the Secretary may | 8 | | prescribe and shall be of a contrasting color with the | 9 | | registration plates or digital registration plates and | 10 | | registration stickers or digital registration stickers of the | 11 | | previous year. | 12 | | (c) Each registration plate or digital registration plate | 13 | | and the required letters and numerals thereon, except the year | 14 | | number for which issued, shall be of sufficient size to be | 15 | | plainly readable from a distance of 100 feet during daylight, | 16 | | and shall be coated with reflectorizing material. The | 17 | | dimensions of the plate issued to vehicles of the first | 18 | | division shall be 6 by 12 inches. | 19 | | (d) The Secretary of State shall issue for every passenger | 20 | | motor vehicle rented without a driver the same type of | 21 | | registration plates or digital registration plates as the type | 22 | | of plates issued for a private passenger vehicle. | 23 | | (e) The Secretary of State shall issue for every passenger | 24 | | car used as a taxicab or livery, distinctive registration | 25 | | plates or digital registration plates. | 26 | | (f) The Secretary of State shall issue for every |
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| 1 | | motorcycle distinctive registration plates or digital | 2 | | registration plates distinguishing between motorcycles having | 3 | | 150 or more cubic centimeters piston displacement, or having | 4 | | less than 150 cubic centimeter piston displacement. | 5 | | (g) Registration plates or digital registration plates | 6 | | issued to vehicles for-hire may display a designation as | 7 | | determined by the Secretary that such vehicles are for-hire. | 8 | | (h) (Blank). | 9 | | (i) The Secretary of State shall issue for every public | 10 | | and private ambulance registration plates or digital | 11 | | registration plates identifying the vehicle as an ambulance. | 12 | | The Secretary shall forward to the Department of Healthcare | 13 | | and Family Services registration information for the purpose | 14 | | of verification of claims filed with the Department by | 15 | | ambulance owners for payment for services to public assistance | 16 | | recipients. | 17 | | (j) The Secretary of State shall issue for every public | 18 | | and private medical carrier or rescue vehicle livery | 19 | | registration plates or digital registration plates displaying | 20 | | numbers within ranges of numbers reserved respectively for | 21 | | medical carriers and rescue vehicles. The Secretary shall | 22 | | forward to the Department of Healthcare and Family Services | 23 | | registration information for the purpose of verification of | 24 | | claims filed with the Department by owners of medical carriers | 25 | | or rescue vehicles for payment for services to public | 26 | | assistance recipients. |
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| 1 | | (k) The Secretary of State shall issue distinctive license | 2 | | plates or digital registration plates or distinctive license | 3 | | plate stickers or digital registration stickers for every | 4 | | vehicle exempted from subsections (a) and (a-5) of Section | 5 | | 12-503 by subsection (g) of that Section, and by subsection | 6 | | (g-5) of that Section before its deletion by this amendatory | 7 | | Act of the 95th General Assembly. The Secretary shall issue | 8 | | these plates or stickers immediately upon receiving the | 9 | | physician's certification required under subsection (g) of | 10 | | Section 12-503. New plates or stickers shall also be issued | 11 | | when the certification is renewed as provided in that | 12 | | subsection. | 13 | | (l) The Secretary of State shall issue distinctive | 14 | | registration plates or digital registration plates for | 15 | | low-speed vehicles. | 16 | | (m) The Secretary of State shall issue distinctive | 17 | | registration plates or digital registration plates for | 18 | | autocycles. The dimensions of the plate issued to autocycles | 19 | | shall be 4 by 7 inches. | 20 | | (Source: P.A. 101-395, eff. 8-16-19.) | 21 | | (625 ILCS 5/3-805.6 new) | 22 | | Sec. 3-805.6. All-terrain vehicles. Every owner of an | 23 | | all-terrain vehicle shall make application to the Secretary of | 24 | | State for registration, or renewal of registration, at the fee | 25 | | of $30 if the all-terrain vehicle is operated on any roads |
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| 1 | | within this State. The registration shall remain valid for a | 2 | | period of 2 years. However, an owner of an all-terrain vehicle | 3 | | that is primarily used for agricultural purposes shall be | 4 | | subject to a one-time registration fee of $15, and the | 5 | | registration shall remain valid until ownership is | 6 | | transferred. | 7 | | Of the fees collected for all-terrain vehicles, $2 of the | 8 | | fees shall be deposited into the State Police Vehicle Fund, $1 | 9 | | of the fees shall be deposited into the Park and Conservation | 10 | | Fund for the Department of Natural Resources to use for | 11 | | conservation efforts, and the remainder of the fees shall be | 12 | | deposited into the Road Fund. Counties authorizing the use of | 13 | | all-terrain vehicles on its roadway may assess a fee. | 14 | | (625 ILCS 5/11-1426.1) | 15 | | Sec. 11-1426.1. Operation of non-highway vehicles on | 16 | | streets, roads, and highways. | 17 | | (a) As used in this Section, "non-highway vehicle" means a | 18 | | motor vehicle not specifically designed to be used on a public | 19 | | highway, including: | 20 | | (1) (blank); an all-terrain vehicle, as defined by | 21 | | Section 1-101.8 of this Code; | 22 | | (2) a golf cart, as defined by Section 1-123.9; | 23 | | (3) an off-highway motorcycle, as defined by Section | 24 | | 1-153.1; and | 25 | | (4) a recreational off-highway vehicle, as defined by |
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| 1 | | Section 1-168.8 ; and . | 2 | | (5) a large non-highway vehicle, as defined by Section | 3 | | 10 of the Recreational Trails of Illinois Act. | 4 | | (b) Except as otherwise provided in this Section, it is | 5 | | unlawful for any person to drive or operate a non-highway | 6 | | vehicle upon any street, highway, or roadway in this State. If | 7 | | the operation of a non-highway vehicle is authorized under | 8 | | subsection (d), the non-highway vehicle may be operated only | 9 | | on streets where the posted speed limit is 35 miles per hour or | 10 | | less. This subsection (b) does not prohibit a non-highway | 11 | | vehicle from crossing a road or street at an intersection | 12 | | where the road or street has a posted speed limit of more than | 13 | | 35 miles per hour. | 14 | | (b-5) A person may not operate a non-highway vehicle upon | 15 | | any street, highway, or roadway in this State unless he or she | 16 | | has a valid driver's license issued in his or her name by the | 17 | | Secretary of State or by a foreign jurisdiction. | 18 | | (c) No person operating a non-highway vehicle shall make a | 19 | | direct crossing upon or across any tollroad, interstate | 20 | | highway, or controlled access highway in this State. No person | 21 | | operating a non-highway vehicle shall make a direct crossing | 22 | | upon or across any other highway under the jurisdiction of the | 23 | | State except at an intersection of the highway with another | 24 | | public street, road, or highway. | 25 | | (c-5) (Blank). | 26 | | (d) A municipality, township, county, or other unit of |
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| 1 | | local government may authorize, by ordinance or resolution, | 2 | | the operation of non-highway vehicles on roadways under its | 3 | | jurisdiction if the unit of local government determines that | 4 | | the public safety will not be jeopardized. The Department may | 5 | | authorize the operation of non-highway vehicles on the | 6 | | roadways under its jurisdiction if the Department determines | 7 | | that the public safety will not be jeopardized. The unit of | 8 | | local government or the Department may restrict the types of | 9 | | non-highway vehicles that are authorized to be used on its | 10 | | streets. | 11 | | Before permitting the operation of non-highway vehicles on | 12 | | its roadways, a municipality, township, county, other unit of | 13 | | local government, or the Department must consider the volume, | 14 | | speed, and character of traffic on the roadway and determine | 15 | | whether non-highway vehicles may safely travel on or cross the | 16 | | roadway. Upon determining that non-highway vehicles may safely | 17 | | operate on a roadway and the adoption of an ordinance or | 18 | | resolution by a municipality, township, county, or other unit | 19 | | of local government, or authorization by the Department, | 20 | | appropriate signs shall be posted. | 21 | | If a roadway is under the jurisdiction of more than one | 22 | | unit of government, non-highway vehicles may not be operated | 23 | | on the roadway unless each unit of government agrees and takes | 24 | | action as provided in this subsection. | 25 | | (e) No non-highway vehicle may be operated on a roadway | 26 | | unless, at a minimum, it has the following: brakes, a steering |
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| 1 | | apparatus, tires, a rearview mirror, red reflectorized warning | 2 | | devices in the front and rear, a slow moving emblem (as | 3 | | required of other vehicles in Section 12-709 of this Code) on | 4 | | the rear of the non-highway vehicle, a headlight that emits a | 5 | | white light visible from a distance of 500 feet to the front, a | 6 | | tail lamp that emits a red light visible from at least 100 feet | 7 | | from the rear, brake lights, and turn signals. When operated | 8 | | on a roadway, a non-highway vehicle shall have its headlight | 9 | | and tail lamps lighted as required by Section 12-201 of this | 10 | | Code. A non-highway vehicle that is manufactured not to exceed | 11 | | 40 miles per hour shall have a slow moving emblem (as required | 12 | | of other vehicles in Section 12-709 of this Code) on the rear | 13 | | of the non-highway vehicle. A slow moving emblem shall not be | 14 | | affixed to any non-highway vehicle that is manufactured to | 15 | | exceed 40 miles per hour. | 16 | | (f) A person who drives or is in actual physical control of | 17 | | a non-highway vehicle on a roadway while under the influence | 18 | | is subject to Sections 11-500 through 11-502 of this Code. | 19 | | (g) Any person who operates a non-highway vehicle on a | 20 | | street, highway, or roadway shall be subject to the mandatory | 21 | | insurance requirements under Article VI of Chapter 7 of this | 22 | | Code. | 23 | | (h) It shall not be unlawful for any person to drive or | 24 | | operate a non-highway vehicle, as defined in paragraph | 25 | | paragraphs (1) and (4) of subsection (a) of this Section, on a | 26 | | county roadway or township roadway for the purpose of |
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| 1 | | conducting farming operations to and from the home, farm, farm | 2 | | buildings, and any adjacent or nearby farm land. | 3 | | Non-highway vehicles, as used in this subsection (h), | 4 | | shall not be subject to subsections (e) and (g) of this | 5 | | Section. However, if the non-highway vehicle, as used in this | 6 | | Section, is not covered under a motor vehicle insurance policy | 7 | | pursuant to subsection (g) of this Section, the vehicle must | 8 | | be covered under a farm, home, or non-highway vehicle | 9 | | insurance policy issued with coverage amounts no less than the | 10 | | minimum amounts set for bodily injury or death and for | 11 | | destruction of property under Section 7-203 of this Code. | 12 | | Non-highway vehicles operated on a county or township roadway | 13 | | at any time between one-half hour before sunset and one-half | 14 | | hour after sunrise must be equipped with head lamps and tail | 15 | | lamps, and the head lamps and tail lamps must be lighted. | 16 | | Non-highway vehicles, as used in this subsection (h), | 17 | | shall not make a direct crossing upon or across any tollroad, | 18 | | interstate highway, or controlled access highway in this | 19 | | State. | 20 | | Non-highway vehicles, as used in this subsection (h), | 21 | | shall be allowed to cross a State highway, municipal street, | 22 | | county highway, or road district highway if the operator of | 23 | | the non-highway vehicle makes a direct crossing provided: | 24 | | (1) the crossing is made at an angle of approximately | 25 | | 90 degrees to the direction of the street, road or highway | 26 | | and at a place where no obstruction prevents a quick and |
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| 1 | | safe crossing; | 2 | | (2) the non-highway vehicle is brought to a complete | 3 | | stop before attempting a crossing; | 4 | | (3) the operator of the non-highway vehicle yields the | 5 | | right of way to all pedestrian and vehicular traffic which | 6 | | constitutes a hazard; and | 7 | | (4) that when crossing a divided highway, the crossing | 8 | | is made only at an intersection of the highway with | 9 | | another public street, road, or highway. | 10 | | (i) No action taken by a unit of local government under | 11 | | this Section designates the operation of a non-highway vehicle | 12 | | as an intended or permitted use of property with respect to | 13 | | Section 3-102 of the Local Governmental and Governmental | 14 | | Employees Tort Immunity Act. | 15 | | (Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.) | 16 | | (625 ILCS 5/11-1426.3 new) | 17 | | Sec. 11-1426.3. Operation of an all-terrain vehicle on | 18 | | streets, roads, and highways. | 19 | | (a) A township, county, or other unit of local government | 20 | | may authorize, by ordinance or resolution, the operation of | 21 | | all-terrain vehicles on roadways under its jurisdiction if the | 22 | | unit of local government determines that the public safety | 23 | | will not be jeopardized. The Department may authorize the | 24 | | operation of all-terrain vehicles on the roadways under its | 25 | | jurisdiction if the Department determines that the public |
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| 1 | | safety will not be jeopardized. The unit of local government | 2 | | or the Department may restrict the types of all-terrain | 3 | | vehicles that are authorized to be used on its streets. | 4 | | (b) Except as provided in subsection (b), an individual | 5 | | may operate an all-terrain vehicle, as defined by Section | 6 | | 1-101.8, on a street, roadway, or highway if the all-terrain | 7 | | vehicle has a combustion engine with a piston or rotor | 8 | | displacement of 400 cubic centimeters or greater and is | 9 | | capable of maintaining speeds of 40 miles per hour or greater. | 10 | | (c) An individual may not operate an all-terrain vehicle | 11 | | on a highway if: | 12 | | (1) the highway is an interstate system; | 13 | | (2) the highway is near a grade-separated portion of | 14 | | the highway; | 15 | | (3) the highway is within a municipality; or | 16 | | (4) the highway has a posted speed limit higher than | 17 | | 45 miles per hour. | 18 | | Nothing in this Section authorizes the operation of an | 19 | | all-terrain vehicle in an area that is not open to motor | 20 | | vehicle use. | 21 | | (d) A person who operates an all-terrain 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 | | (e) An all-terrain vehicle that operates on a roadway must | 26 | | be registered in the manner provided under Section 3-805.6 |
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| 1 | | (f) The owner of an all-terrain vehicle shall ensure that | 2 | | the vehicle is equipped with: | 3 | | (1) 2 headlamps; | 4 | | (2) 2 tail lamps; | 5 | | (3) 2 brake lamps; | 6 | | (4) a tail lamp or other lamp constructed and placed | 7 | | to illuminate the registration plate with a white light; | 8 | | (5) one or more red reflectors on the rear; | 9 | | (6) amber or red flashing electric turn signals, one | 10 | | on each side of the front and rear; | 11 | | (7) a braking system, other than a parking brake; | 12 | | (8) a horn or other warning device; | 13 | | (9) a muffler and, if required by an applicable | 14 | | federal statute or regulation, an emission control system; | 15 | | (10) rearview mirrors on the right and left side of | 16 | | the driver; | 17 | | (11) a windshield, unless the operator wears eye | 18 | | protection while operating the vehicle; | 19 | | (12) a speedometer, illuminated for nighttime | 20 | | operation; | 21 | | (13) for vehicles designed by the manufacturer for | 22 | | carrying one or more passengers, a bench seat or | 23 | | side-by-side seat equipped with a seat safety belt for | 24 | | each passenger; and | 25 | | (14) 4 wheels in contact with the ground, with tires | 26 | | that have at least 2/32 inches or greater tire tread. |
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| 1 | | (g) A unit of local government that permits the use of an | 2 | | all-terrain vehicle on its roadways shall not be deemed liable | 3 | | for crashes involving the use of an all-terrain vehicle on its | 4 | | roadways. |
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