Full Text of HB6094 096th General Assembly
HB6094enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 1-148.3m, 11-1426.1, and 11-1426.2 as follows: | 6 |
| (625 ILCS 5/1-148.3m) | 7 |
| Sec. 1-148.3m. Neighborhood vehicle. A self-propelled, | 8 |
| electric-powered, four-wheeled motor vehicle (or a | 9 |
| self-propelled, gasoline-powered, four-wheeled motor vehicle | 10 |
| with an engine displacement under 1,200 cubic centimeters) that | 11 |
| is capable of attaining in one mile a speed of more than 20 | 12 |
| miles per hour, but not more than 25 miles per hour, and which | 13 |
| does not conform conforms to federal regulations under Title 49 | 14 |
| C.F.R. Part 571.500.
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| (Source: P.A. 96-279, eff. 1-1-10.) | 16 |
| (625 ILCS 5/11-1426.1) | 17 |
| Sec. 11-1426.1. Operation of non-highway vehicles on | 18 |
| streets, roads, and highways. | 19 |
| (a) As used in this Section, "non-highway vehicle" means a | 20 |
| motor vehicle not specifically designed to be used on a public | 21 |
| highway, including: | 22 |
| (1) an all-terrain vehicle, as defined by Section |
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| 1-101.8 of this Code; | 2 |
| (2) a golf cart, as defined by Section 1-123.9; | 3 |
| (3) a neighborhood vehicle, as defined by Section | 4 |
| 1-148.3m; and | 5 |
| (4) an off-highway motorcycle, as defined by Section | 6 |
| 1-153.1 ; and . | 7 |
| (5) a recreational off-highway vehicle, as defined by | 8 |
| Section 1-168.8. | 9 |
| (b) Except as otherwise provided in this Section, it is | 10 |
| unlawful
for any person to drive or operate a non-highway | 11 |
| vehicle
upon any street, highway, or roadway in this State. If | 12 |
| the operation of a non-highway vehicle is authorized under | 13 |
| subsection (d), the non-highway vehicle may be operated only on | 14 |
| streets where the posted speed limit is 35 miles per hour or | 15 |
| less. This subsection (b) does not prohibit a non-highway | 16 |
| vehicle from crossing a road or street at an intersection where | 17 |
| the road or street has a posted speed limit of more than 35 | 18 |
| miles per hour. | 19 |
| (b-5) A person may not operate a non-highway vehicle upon | 20 |
| any street, highway, or roadway in this State unless he or she | 21 |
| has a valid Illinois driver's license issued in his or her name | 22 |
| by the Secretary of State or by a foreign jurisdiction . | 23 |
| (c) Except as otherwise provided in subsection (c-5), no | 24 |
| person operating a non-highway vehicle shall make a direct | 25 |
| crossing upon or across any highway under the jurisdiction of | 26 |
| the State, tollroad,
interstate highway, or controlled access |
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| highway in this State. | 2 |
| (c-5) A person may make a direct crossing at an | 3 |
| intersection controlled by a traffic light or 4-way stop sign | 4 |
| upon or across a highway under the jurisdiction of the State if | 5 |
| the speed limit on the highway is 35 miles per hour or less at | 6 |
| the place of crossing. | 7 |
| (d) A municipality, township, county, or other unit of | 8 |
| local government may authorize, by ordinance or resolution, the | 9 |
| operation of non-highway vehicles on roadways under its | 10 |
| jurisdiction if the unit of local government determines that | 11 |
| the public safety will not be jeopardized. The Department may | 12 |
| authorize
the operation of non-highway vehicles on the roadways | 13 |
| under its jurisdiction if the Department determines that the | 14 |
| public safety will not be jeopardized. The unit of local | 15 |
| government or the Department may restrict the types of | 16 |
| non-highway vehicles that are authorized to be used on its | 17 |
| streets. | 18 |
| Before permitting the operation of non-highway vehicles on | 19 |
| its roadways,
a municipality, township, county, other unit of | 20 |
| local government, or the Department must consider the volume, | 21 |
| speed, and character of traffic on the roadway and determine | 22 |
| whether non-highway vehicles may safely travel on or cross the | 23 |
| roadway. Upon determining that non-highway vehicles may safely | 24 |
| operate on a roadway and the adoption of an ordinance or | 25 |
| resolution by a municipality, township, county, or other unit | 26 |
| of local government, or authorization by the Department, |
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| appropriate signs shall be posted. | 2 |
| If a roadway is under the jurisdiction of more than one | 3 |
| unit of government, non-highway vehicles may not be operated on | 4 |
| the roadway unless each
unit of government agrees and takes | 5 |
| action as provided in this subsection. | 6 |
| (e) No non-highway vehicle may be operated on a roadway | 7 |
| unless, at a minimum, it has
the following: brakes, a steering | 8 |
| apparatus, tires, a rearview mirror, red reflectorized warning | 9 |
| devices in the front and rear, a slow moving emblem (as | 10 |
| required of other vehicles in Section 12-709 of this Code) on | 11 |
| the rear of the non-highway vehicle, a headlight that emits a | 12 |
| white light visible from a distance of 500 feet to the front, a | 13 |
| tail lamp that emits a
red light visible from at least 100 feet | 14 |
| from the rear, brake lights, and turn signals. When operated on | 15 |
| a roadway, a non-highway vehicle shall have its headlight and | 16 |
| tail lamps lighted as required by Section 12-201 of this Code. | 17 |
| (f) A person who drives or is in actual physical control of | 18 |
| a non-highway vehicle on a roadway while under the influence is | 19 |
| subject to Sections 11-500 through 11-502 of this Code. | 20 |
| (g) Any person who operates a non-highway vehicle on a | 21 |
| street, highway, or roadway shall be subject to the mandatory | 22 |
| insurance requirements under Article VI of Chapter 7 of this | 23 |
| Code. | 24 |
| (h) It shall not be unlawful for any person to drive or | 25 |
| operate a non-highway vehicle, as defined in paragraphs (1) and | 26 |
| (5) of subsection (a) of this Section, on a county roadway or |
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| township roadway for the purpose of conducting farming | 2 |
| operations to and from the home, farm, farm buildings, and any | 3 |
| adjacent or nearby farm land. | 4 |
| Non-highway vehicles, as used in this subsection (h), shall | 5 |
| not be subject to subsections (e) and (g) of this Section. | 6 |
| However, if the non-highway vehicle, as used in this Section, | 7 |
| is not covered under a motor vehicle insurance policy pursuant | 8 |
| to subsection (g) of this Section, the vehicle must be covered | 9 |
| under a farm, home, or non-highway vehicle insurance policy | 10 |
| issued with coverage amounts no less than the minimum amounts | 11 |
| set for bodily injury or death and for destruction of property | 12 |
| under Section 7-203 of this Code. Non-highway vehicles operated | 13 |
| on a county or township roadway at any time between one-half | 14 |
| hour before sunset and one-half hour after sunrise must be | 15 |
| equipped with head lamps and tail lamps, and the head lamps and | 16 |
| tail lamps must be lighted. | 17 |
| Non-highway vehicles, as used in this subsection (h), shall | 18 |
| not make a direct crossing upon or across any tollroad, | 19 |
| interstate highway, or controlled access highway in this State. | 20 |
| Non-highway vehicles, as used in this subsection (h), shall | 21 |
| be allowed to cross a State highway, municipal street, county | 22 |
| highway, or road district highway if the operator of the | 23 |
| 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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| 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 another | 9 |
| 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. 95-150, 8-14-07; 95-414, eff. 8-24-07; 95-575, | 16 |
| eff. 8-31-07; 95-876, eff. 8-21-08; 96-279, eff. 1-1-10.) | 17 |
| (625 ILCS 5/11-1426.2) | 18 |
| Sec. 11-1426.2. Operation of low-speed vehicles on | 19 |
| streets. | 20 |
| (a) Except as otherwise provided in this Section, it is | 21 |
| lawful for any person to drive or operate a low-speed vehicle | 22 |
| upon any street in this State where the posted speed limit is | 23 |
| 30 miles per hour or less. | 24 |
| (b) Low-speed vehicles may cross a street at an | 25 |
| intersection where the street being crossed has a posted speed |
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| limit of not more than 45 miles per hour. Low-speed vehicles | 2 |
| may not cross a street with a speed limit in excess of 45 miles | 3 |
| per hour unless the crossing is at an intersection controlled | 4 |
| by a traffic light or 4-way stop sign. | 5 |
| (c) The Department of Transportation or a municipality, | 6 |
| township, county, or other unit of local government may | 7 |
| prohibit, by regulation, ordinance, or resolution, the | 8 |
| operation of low-speed vehicles on streets under its | 9 |
| jurisdiction where the posted speed limit is 30 miles per hour | 10 |
| or less if the Department of Transportation or unit of local | 11 |
| government determines that the public safety would be | 12 |
| jeopardized. | 13 |
| (d) Before prohibiting the operation of low-speed vehicles | 14 |
| on a street, the Department of Transportation or unit of local | 15 |
| government must consider the volume, speed, and character of | 16 |
| traffic on the street and determine whether allowing low-speed | 17 |
| vehicles to operate on that street would jeopardize public | 18 |
| safety. Upon determining that low-speed vehicles may not safely | 19 |
| operate on a street, and upon the adoption of an ordinance or | 20 |
| resolution by a unit of local government, or regulation by the | 21 |
| Department of Transportation, the operation of low-speed | 22 |
| vehicles may be prohibited. The unit of local government or the | 23 |
| Department of Transportation may prohibit the operation of | 24 |
| low-speed vehicles on any and all streets under its | 25 |
| jurisdiction. Appropriate appropriate signs shall be posted in | 26 |
| conformance with the State Manual on Uniform Traffic Control |
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| Devices adopted pursuant to Section 11-301 of this Code. | 2 |
| (e) If a street is under the jurisdiction of more than one | 3 |
| unit of local government, or under the jurisdiction of the | 4 |
| Department of Transportation and one or more units of local | 5 |
| government, low-speed vehicles may be operated on the street | 6 |
| unless each unit of local government and the Department of | 7 |
| Transportation agree and take action to prohibit such operation | 8 |
| as provided in this Section. | 9 |
| (f) No low-speed vehicle may be operated on any street | 10 |
| unless, at a minimum, it has the following: brakes, a steering | 11 |
| apparatus, tires, a rearview mirror, red reflectorized warning | 12 |
| devices in the front and rear, a headlight that emits a white | 13 |
| light visible from a distance of 500 feet to the front, a tail | 14 |
| lamp that emits a red light visible from at least 100 feet from | 15 |
| the rear, brake lights, and turn signals. When operated on a | 16 |
| street, a low-speed vehicle shall have its headlight and tail | 17 |
| lamps lighted as required by Section 12-201 of this Code. The | 18 |
| low-speed vehicle shall also have signs or decals permanently | 19 |
| and conspicuously affixed to the rear of the vehicle and the | 20 |
| dashboard of the vehicle stating "This Vehicle May Not Be | 21 |
| Operated on Streets With Speed Limits in Excess of 30 m.p.h." | 22 |
| The lettering of the sign or decal on the rear of the vehicle | 23 |
| shall be not less than 2 inches in height. The lettering on the | 24 |
| sign or decal on the dashboard shall be not less than one-half | 25 |
| inch in height. | 26 |
| (g) A person may not operate a low-speed vehicle upon any |
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| street in this State unless he or she has a valid driver's | 2 |
| license issued in his or her name by the Secretary of State or | 3 |
| a foreign jurisdiction. | 4 |
| (h) The operation of a low-speed vehicle upon any street is | 5 |
| subject to the provisions of Chapter 11 of this Code concerning | 6 |
| the Rules of the Road, and applicable local ordinances. | 7 |
| (i) Every owner of a low-speed vehicle is subject to the | 8 |
| mandatory insurance requirements specified in Article VI of | 9 |
| Chapter 7 of this Code. | 10 |
| (j) Any person engaged in the retail sale of low-speed | 11 |
| vehicles are required to comply with the motor vehicle dealer | 12 |
| licensing, registration, and bonding laws of this State, as | 13 |
| specified in Sections 5-101 and 5-102 of this Code. | 14 |
| (k) No action taken by a unit of local government under | 15 |
| this Section designates the operation of a low-speed vehicle as | 16 |
| an intended or permitted use of property with respect to | 17 |
| Section 3-102 of the Local Governmental and Governmental | 18 |
| Employees Tort Immunity Act. | 19 |
| (Source: P.A. 96-653, eff. 1-1-10.)
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| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.
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