Full Text of HB5901 98th General Assembly
HB5901 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5901 Introduced , by Rep. Charles E. Meier SYNOPSIS AS INTRODUCED: |
| 20 ILCS 862/34 | | 625 ILCS 5/11-1426.1 | |
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Amends the Recreational Trails of Illinois Act. Provides that off-highway vehicles may be operated on any land owned by the off-highway vehicle's owner, regardless of whether the owner resides permanently on that land. Amends the Illinois Vehicle Code. Provides that all-terrain vehicles, off-highway motorcycles, and recreational off-highway vehicles may be operated on county or township roadways for any purpose provided that they meet certain insurance requirements, do not make a direct crossing upon or across any tollroad, interstate highway, or controlled access highway, and obey certain safety restrictions before attempting to cross a State highway, municipal street, county highway, or road district highway. Effective immediately.
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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 Recreational Trails of Illinois Act is | 5 | | amended by changing Section 34 as follows: | 6 | | (20 ILCS 862/34) | 7 | | Sec. 34. Exception from display of Off-Highway Vehicle | 8 | | Usage Stamps. The operator of an off-highway vehicle shall not | 9 | | be required to display an Off-Highway Vehicle Usage Stamp if | 10 | | the off-highway vehicle is: | 11 | | (1) owned and used by the United States, the State of | 12 | | Illinois, another state, or a political subdivision | 13 | | thereof, but these off-highway vehicles shall prominently | 14 | | display the name of the owner on the off-highway vehicle; | 15 | | (2) operated on lands owned by the off-highway vehicle | 16 | | owner or on lands where the owner permanently resides; this | 17 | | exception shall not apply to clubs, associations, lands | 18 | | leased for hunting or recreational purposes, or to | 19 | | off-highway vehicles being used by outfitters as defined in | 20 | | the Wildlife Code as part of their outfitting business; | 21 | | (3) used only on international or national competition | 22 | | circuits in events for which written permission has been | 23 | | obtained by the sponsoring or sanctioning body from the |
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| 1 | | governmental unit having jurisdiction over the location of | 2 | | any event held in this State; | 3 | | (4) while being used for activities associated with | 4 | | farming or livestock production operations; or | 5 | | (5) while being used on an off-highway vehicle grant | 6 | | assisted site and the off-highway vehicle displays a | 7 | | Off-Highway Vehicle Access decal.
| 8 | | (Source: P.A. 97-1136, eff. 1-1-13.) | 9 | | Section 10. The Illinois Vehicle Code is amended by | 10 | | changing Section 11-1426.1 as follows: | 11 | | (625 ILCS 5/11-1426.1) | 12 | | Sec. 11-1426.1. Operation of non-highway vehicles on | 13 | | streets, roads, and highways. | 14 | | (a) As used in this Section, "non-highway vehicle" means a | 15 | | motor vehicle not specifically designed to be used on a public | 16 | | highway, including: | 17 | | (1) an all-terrain vehicle, as defined by Section | 18 | | 1-101.8 of this Code; | 19 | | (2) a golf cart, as defined by Section 1-123.9; | 20 | | (3) an off-highway motorcycle, as defined by Section | 21 | | 1-153.1; and | 22 | | (4) a recreational off-highway vehicle, as defined by | 23 | | Section 1-168.8. | 24 | | (b) Except as otherwise provided in this Section, it is |
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| 1 | | unlawful
for any person to drive or operate a non-highway | 2 | | vehicle
upon any street, highway, or roadway in this State. If | 3 | | the operation of a non-highway vehicle is authorized under | 4 | | subsection (d), the non-highway vehicle may be operated only on | 5 | | streets where the posted speed limit is 35 miles per hour or | 6 | | less. This subsection (b) does not prohibit a non-highway | 7 | | vehicle from crossing a road or street at an intersection where | 8 | | the road or street has a posted speed limit of more than 35 | 9 | | miles per hour. | 10 | | (b-5) A person may not operate a non-highway vehicle upon | 11 | | any street, highway, or roadway in this State unless he or she | 12 | | has a valid driver's license issued in his or her name by the | 13 | | Secretary of State or by a foreign jurisdiction. | 14 | | (c) No person operating a non-highway vehicle shall make a | 15 | | direct crossing upon or across any tollroad,
interstate | 16 | | highway, or controlled access highway in this State. No person | 17 | | operating a non-highway vehicle shall make a direct crossing | 18 | | upon or across any other highway under the jurisdiction of the | 19 | | State except at an intersection of the highway with another | 20 | | public street, road, or highway. | 21 | | (c-5) (Blank). | 22 | | (d) A municipality, township, county, or other unit of | 23 | | local government may authorize, by ordinance or resolution, the | 24 | | operation of non-highway vehicles on roadways under its | 25 | | jurisdiction if the unit of local government determines that | 26 | | the public safety will not be jeopardized. The Department may |
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| 1 | | authorize
the operation of non-highway vehicles on the roadways | 2 | | under its jurisdiction if the Department determines that the | 3 | | public safety will not be jeopardized. The unit of local | 4 | | government or the Department may restrict the types of | 5 | | non-highway vehicles that are authorized to be used on its | 6 | | streets. | 7 | | Before permitting the operation of non-highway vehicles on | 8 | | its roadways,
a municipality, township, county, other unit of | 9 | | local government, or the Department must consider the volume, | 10 | | speed, and character of traffic on the roadway and determine | 11 | | whether non-highway vehicles may safely travel on or cross the | 12 | | roadway. Upon determining that non-highway vehicles may safely | 13 | | operate on a roadway and the adoption of an ordinance or | 14 | | resolution by a municipality, township, county, or other unit | 15 | | of local government, or authorization by the Department, | 16 | | appropriate signs shall be posted. | 17 | | If a roadway is under the jurisdiction of more than one | 18 | | unit of government, non-highway vehicles may not be operated on | 19 | | the roadway unless each
unit of government agrees and takes | 20 | | action as provided in this subsection. | 21 | | (e) No non-highway vehicle may be operated on a roadway | 22 | | unless, at a minimum, it has
the following: brakes, a steering | 23 | | apparatus, tires, a rearview mirror, red reflectorized warning | 24 | | devices in the front and rear, a slow moving emblem (as | 25 | | required of other vehicles in Section 12-709 of this Code) on | 26 | | the rear of the non-highway vehicle, a headlight that emits a |
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| 1 | | white light visible from a distance of 500 feet to the front, a | 2 | | tail lamp that emits a
red light visible from at least 100 feet | 3 | | from the rear, brake lights, and turn signals. When operated on | 4 | | a roadway, a non-highway vehicle shall have its headlight and | 5 | | tail lamps lighted as required by Section 12-201 of this Code. | 6 | | (f) A person who drives or is in actual physical control of | 7 | | a non-highway vehicle on a roadway while under the influence is | 8 | | subject to Sections 11-500 through 11-502 of this Code. | 9 | | (g) Any person who operates a non-highway vehicle on a | 10 | | street, highway, or roadway shall be subject to the mandatory | 11 | | insurance requirements under Article VI of Chapter 7 of this | 12 | | Code. | 13 | | (h) It shall not be unlawful for any person to drive or | 14 | | operate a non-highway vehicle, as defined in paragraphs (1) , | 15 | | (3), and (4) of subsection (a) of this Section, on a county | 16 | | roadway or township roadway for the purpose of conducting | 17 | | farming operations to and from the home, farm, farm buildings, | 18 | | and any adjacent or nearby farm land . | 19 | | Non-highway vehicles, as used in this subsection (h), shall | 20 | | not be subject to subsections (e) and (g) of this Section. | 21 | | However, if the non-highway vehicle, as used in this Section, | 22 | | is not covered under a motor vehicle insurance policy pursuant | 23 | | to subsection (g) of this Section, the vehicle must be covered | 24 | | under a farm, home, or non-highway vehicle insurance policy | 25 | | issued with coverage amounts no less than the minimum amounts | 26 | | set for bodily injury or death and for destruction of property |
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| 1 | | under Section 7-203 of this Code. Non-highway vehicles operated | 2 | | on a county or township roadway at any time between one-half | 3 | | hour before sunset and one-half hour after sunrise must be | 4 | | equipped with head lamps and tail lamps, and the head lamps and | 5 | | tail lamps must be lighted. | 6 | | Non-highway vehicles, as used in this subsection (h), shall | 7 | | not make a direct crossing upon or across any tollroad, | 8 | | interstate highway, or controlled access highway in this State. | 9 | | Non-highway vehicles, as used in this subsection (h), shall | 10 | | be allowed to cross a State highway, municipal street, county | 11 | | highway, or road district highway if the operator of the | 12 | | non-highway vehicle makes a direct crossing provided: | 13 | | (1) the crossing is made at an angle of approximately | 14 | | 90 degrees to the direction of the street, road or highway | 15 | | and at a place where no obstruction prevents a quick and | 16 | | safe crossing; | 17 | | (2) the non-highway vehicle is brought to a complete | 18 | | stop before attempting a crossing; | 19 | | (3) the operator of the non-highway vehicle yields the | 20 | | right of way to all pedestrian and vehicular traffic which | 21 | | constitutes a hazard; and | 22 | | (4) that when crossing a divided highway, the crossing | 23 | | is made only at an intersection of the highway with another | 24 | | public street, road, or highway. | 25 | | (i) No action taken by a unit of local government under | 26 | | this Section designates the operation of a non-highway vehicle |
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| 1 | | as an intended or permitted use of property with respect to | 2 | | Section 3-102 of the Local Governmental and Governmental | 3 | | Employees Tort Immunity Act. | 4 | | (Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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