Illinois General Assembly - Full Text of HB1162
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Full Text of HB1162  97th General Assembly




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1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 11-1427 as follows:
6    (625 ILCS 5/11-1427)
7    Sec. 11-1427. Illegal operation of an all-terrain vehicle
8or off-highway motorcycle. It is unlawful for any person to
9drive or operate any all-terrain vehicle or off-highway
10motorcycle in the following ways:
11    (a) Careless Operation. No person shall operate any
12all-terrain vehicle or off-highway motorcycle in a careless or
13heedless manner so as to be grossly indifferent to the person
14or property of other persons, or at a rate of speed greater
15than will permit him in the exercise of reasonable care to
16bring the all-terrain vehicle or off-highway motorcycle to a
17stop within the assured clear distance ahead.
18    (b) Reckless Operation. No person shall operate any
19all-terrain vehicle or off-highway motorcycle in such a manner
20as to endanger the life, limb or property of any person.
21    (c) Within any nature preserve as defined in Section 3.11
22of the Illinois Natural Areas Preservation Act.
23    (d) On the tracks or right of way of an operating railroad.



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1    (e) In any tree nursery or planting in a manner which
2damages or destroys growing stock, or creates a substantial
3risk thereto.
4    (f) On private property, without the written or verbal
5consent of the owner or lessee thereof. Any person operating an
6all-terrain vehicle or off-highway motorcycle upon lands of
7another shall stop and identify himself upon the request of the
8landowner or his duly authorized representative, and, if
9requested to do so by the landowner shall promptly remove the
10all-terrain vehicle or off-highway motorcycle from the
12    (g) Notwithstanding any other law to the contrary, an
13owner, lessee, or occupant of premises owes no duty of care to
14keep the premises safe for entry or use by others for use by an
15all-terrain vehicle or off-highway motorcycle, or to give
16warning of any condition, use, structure or activity on such
17premises. This subsection does not apply where permission to
18drive or operate an all-terrain vehicle or off-highway
19motorcycle is given for a valuable consideration other than to
20this State, any political subdivision or municipality of this
21State, or any landowner who is paid with funds from the
22Off-Highway Vehicle Trails Fund. In the case of land leased to
23the State or a subdivision of the State, any consideration
24received is not valuable consideration within the meaning of
25this Section.
26    Nothing in this subsection limits in any way liability



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1which otherwise exists for willful or malicious failure to
2guard or warn against a dangerous condition, use, structure, or
4    (h) On publicly owned lands unless such lands are
5designated for use by all-terrain vehicles or off-highway
6motorcycles. For publicly owned lands to be designated for use
7by all-terrain vehicles or off-highway motorcycles a public
8hearing shall be conducted by the governmental entity that has
9jurisdiction over the proposed land prior to the designation.
10    Nothing in this subsection limits in any way liability
11which otherwise exists for willful or malicious failure to
12guard or warn against a dangerous condition, use, structure, or
14    (h-1) At a rate of speed too fast for conditions, and the
15fact that the speed of the all-terrain vehicle or off-highway
16motorcycle does not exceed the applicable maximum speed limit
17allowed does not relieve the driver from the duty to decrease
18speed as may be necessary to avoid colliding with any person,
19vehicle, or object within legal requirements and the duty of
20all persons to use due care.
21    (h-2) On the frozen surface of public waters of this State
22within 100 feet of a person, including a skater, not in or upon
23an all-terrain vehicle or off-highway motorcycle; within 100
24feet of a person engaged in fishing, except at the minimum
25speed required to maintain forward movement of the all-terrain
26vehicle or off-highway motorcycle; on an area which has been



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1cleared of snow for skating purposes unless the area is
2necessary for access to the frozen waters of this State.
3    (h-3) Within 100 feet of a dwelling between midnight and 6
4a.m. at a speed greater than the minimum required to maintain
5forward movement of the all-terrain vehicle or off-highway
6motorcycle. This subdivision (h-5) does not apply on private
7property where verbal or written consent of the owner or lessee
8has been granted to drive or operate an all-terrain vehicle or
9off-highway motorcycle upon the private property or frozen
10waters of this State.
11    (i) Other Prohibitions.
12        (1) No person, except persons permitted by law, shall
13    operate or ride any all-terrain vehicle or off-highway
14    motorcycle with any firearm in his or her possession unless
15    he or she is in compliance with Sections 24-1, 24-1.6, and
16    24-2 of the Criminal Code of 1961 Section 2.33 of the
17    Wildlife Code.
18        (2) No person shall operate any all-terrain vehicle or
19    off-highway motorcycle emitting pollutants in violation of
20    standards established pursuant to the Environmental
21    Protection Act.
22        (3) No person shall deposit from an all-terrain vehicle
23    or off-highway motorcycle on the snow, ice or ground
24    surface, trash, glass, garbage, insoluble material, or
25    other offensive matter.
26(Source: P.A. 90-14, eff. 9-1-97; 90-287, eff. 1-1-98.)



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.