(625 ILCS 40/Art. I heading) ARTICLE I.
DEFINITIONS
APPLICATION - JURISDICTION
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(625 ILCS 40/1-1) (from Ch. 95 1/2, par. 601-1)
Sec. 1-1.
Title and declaration of intent.
This Act shall be known and may be cited as the "Snowmobile Registration
and Safety Act". It is the policy of this State to promote safety for
persons and property in and connected with the use, operation and equipment
of snowmobiles and to promote uniformity of laws relating thereto.
(Source: P.A. 77-1312.)
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(625 ILCS 40/1-2) (from Ch. 95 1/2, par. 601-2)
Sec. 1-2. Definitions. As used in this Act, the terms specified in the Sections following this Section and preceding Section 1-3 have the meanings ascribed to them in those Sections unless the
context clearly requires a different meaning.
(Source: P.A. 100-201, eff. 8-18-17.)
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(625 ILCS 40/1-2.01) (from Ch. 95 1/2, par. 601-2.01)
Sec. 1-2.01.
"Cowling" means the forward portions of a snowmobile surrounding the
motor and clutch assembly.
(Source: P.A. 78-856.)
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(625 ILCS 40/1-2.02) (from Ch. 95 1/2, par. 601-2.02)
Sec. 1-2.02.
"Dealer" means any person who engages in the business of manufacturing, selling, or dealing in, on consignment or otherwise, any number of new snowmobiles, or 5 or more used snowmobiles of any make during the year, including any watercraft or off-highway vehicle dealer or a person licensed as a new or used vehicle dealer who also sells or deals in, on consignment or otherwise, any number of snowmobiles as defined by this Act.
(Source: P.A. 97-1136, eff. 1-1-13.)
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(625 ILCS 40/1-2.03) (from Ch. 95 1/2, par. 601-2.03)
Sec. 1-2.03.
"Dangerous drug" means any drug defined as a depressant or stimulant
substance in the "Illinois Controlled Substances Act" and cannabis as
defined in the "Cannabis Control Act".
(Source: P.A. 78-856.)
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(625 ILCS 40/1-2.04) (from Ch. 95 1/2, par. 601-2.04)
Sec. 1-2.04.
"Department" means the Department of Natural Resources.
(Source: P.A. 89-445, eff. 2-7-96.)
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(625 ILCS 40/1-2.05) (from Ch. 95 1/2, par. 601-2.05)
Sec. 1-2.05.
(a) "Highway" means the entire width between the boundary lines of every
way publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
(b) "State highway" means State highways as defined in the Illinois Highway Code.
(c) "Interstate highway" means any highway which now is, or shall hereafter
be a part of the national system of interstate and defense highways within this State.
(d) "Controlled access highway" means every highway, street or roadway
in respect to which owners or occupants of abutting lands and other persons
have no legal right of access to or from the same except at such points
only and in such manner as may be determined by the public authority having
jurisdiction over such highway, street or roadway.
(e) "Tollroad" means all highways under the jurisdiction of the Illinois
State Toll Highway Authority.
(Source: P.A. 83-789.)
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(625 ILCS 40/1-2.06) (from Ch. 95 1/2, par. 601-2.06)
Sec. 1-2.06.
"Intoxicating Beverage" means any beverage enumerated in the "Liquor
Control Act of 1934".
(Source: P.A. 98-756, eff. 7-16-14.)
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(625 ILCS 40/1-2.07) (from Ch. 95 1/2, par. 601-2.07)
Sec. 1-2.07.
"Local authority" means every county, municipal, and other local board
or body having authority to adopt local police regulations under the
Constitution and laws of this State.
(Source: P.A. 78-856.)
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(625 ILCS 40/1-2.08) (from Ch. 95 1/2, par. 601-2.08)
Sec. 1-2.08.
"Narcotic drug" means any substance defined as a narcotic drug in the
"Illinois Controlled Substances Act".
(Source: P.A. 78-856.)
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(625 ILCS 40/1-2.09) (from Ch. 95 1/2, par. 601-2.09)
Sec. 1-2.09.
"Operate" means to ride in or on, other than as a passenger, use or
control the operation of a snowmobile in any manner, whether or not the
snowmobile is under way.
(Source: P.A. 78-856.)
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(625 ILCS 40/1-2.10) (from Ch. 95 1/2, par. 601-2.10)
Sec. 1-2.10.
"Operator" means every person who operates or is in actual physical
control of a snowmobile.
(Source: P.A. 78-856.)
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(625 ILCS 40/1-2.11) (from Ch. 95 1/2, par. 601-2.11)
Sec. 1-2.11.
"Owner" means a person, other than a lien holder, having title to a
snowmobile. The term includes a person entitled to the use or possession of
a snowmobile subject to an interest in another person, reserved or created
by agreement and securing payment or performance of an obligation, but the
term excludes a lessee under a lease not intended as security.
(Source: P.A. 78-856.)
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(625 ILCS 40/1-2.12) (from Ch. 95 1/2, par. 601-2.12)
Sec. 1-2.12.
"Person" means an individual, partnership, firm, corporation,
association, or other entity.
(Source: P.A. 78-856.)
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(625 ILCS 40/1-2.13) (from Ch. 95 1/2, par. 601-2.13)
Sec. 1-2.13.
"Register" means the act of assigning a registration number to a
snowmobile.
(Source: P.A. 78-856.)
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(625 ILCS 40/1-2.14) (from Ch. 95 1/2, par. 601-2.14)
Sec. 1-2.14.
"Roadway" means that portion of a highway improved, designed or
ordinarily used for vehicular travel, exclusive of the berm or shoulder. In
the event a highway includes 2 or more separate roadways the term "roadway"
as used in this Act refers to any such roadway separately but not to all
such roadways collectively.
(Source: P.A. 79-885.)
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(625 ILCS 40/1-2.15) (from Ch. 95 1/2, par. 601-2.15)
Sec. 1-2.15.
"Snowmobile" means a self-propelled device designed for travel on snow
or ice or natural terrain steered by skis or runners, and supported in part
by skis, belts, or cleats.
(Source: P.A. 78-856.)
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(625 ILCS 40/1-3) (from Ch. 95 1/2, par. 601-3)
Sec. 1-3.
Application and jurisdiction.
The Department shall, for purposes of this Act, have the power, duty,
and authority to administer and enforce all statutes, rules and
regulations, except as otherwise provided by statute, relating to the
operation and use of snowmobiles within the State.
(Source: P.A. 77-1312.)
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(625 ILCS 40/Art. II heading) ARTICLE II.
ENFORCEMENT
INSPECTION - PROSECUTIONS
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(625 ILCS 40/2-1) (from Ch. 95 1/2, par. 602-1)
Sec. 2-1. Enforcement.
It is the duty of all Conservation Police Officers and
all sheriffs, deputy sheriffs, and other police officers to arrest any
person detected in violation of any of the provisions of this Act. It is
further the duty of all such officers to make prompt investigation of any
violation of the provisions of this Act reported by any other person, and
to cause a complaint to be filed before the circuit court if there seems
just ground for such complaint and evidence procurable to support the same.
(Source: P.A. 100-201, eff. 8-18-17.)
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(625 ILCS 40/2-2) (from Ch. 95 1/2, par. 602-2)
Sec. 2-2.
Inspection; seizure; impoundment.
(a) Agents of the Department or other duly authorized police officers
may
stop and inspect any snowmobile at any time for the purpose of determining
if the provisions of this Act are being complied with. If the inspecting
officer or agent discovers any violation of the provisions of this Act, he
must issue a summons to the operator of such snowmobile requiring that the
operator appear before the circuit court for the county within which the
offense was committed.
(b) Every snowmobile subject to this Act, if under way and upon being
hailed
by a designated law enforcement officer, must stop immediately.
(c) Agents of the Department and other duly authorized police officers may
seize and impound, at the owner's expense, any snowmobile involved in an
accident or a violation of subsection B of Section 5-1 or of Section 5-7 of
this Act.
(d) If a snowmobile is causing a traffic hazard because of its position
in
relation to the highway or its physical appearance is causing the impeding
of traffic, its immediate removal from the highway or private property
adjacent to the highway by a towing service may be authorized by a law
enforcement agency having jurisdiction.
(e) Whenever a peace officer reasonably believes that a person under arrest
for a violation of subsection B of Section 5-1 or Section 5-7 of this Act or
similar provision of a local ordinance, is likely, upon release, to commit a
subsequent violation of subsection B of Section 5-1 or Section 5-7 or a similar
provision of a local ordinance, the arresting officer shall have the
snowmobile which the person was operating at the time of the arrest
impounded for a period of not more than 12 hours after the time of the
arrest. The snowmobile may be released by the arresting law enforcement
agency without impoundment, or may be released prior to the end of the
impoundment period, however, if:
(1) the snowmobile was not owned by the person under | ||
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(2) the snowmobile is owned by the person under | ||
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(Source: P.A. 93-156, eff. 1-1-04.)
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(625 ILCS 40/2-3) (from Ch. 95 1/2, par. 602-3)
Sec. 2-3.
Prosecutions.
All prosecutions under this Act shall be brought in the name and by the
authority of the People of the State of Illinois before the circuit court
having jurisdiction under the law relative to the enforcement of the
provisions hereof. It is the duty of all State's Attorneys to enforce this
Act in their respective counties and to prosecute all persons charged with
violating the provisions hereof.
(Source: P.A. 77-1312.)
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(625 ILCS 40/2-4) (from Ch. 95 1/2, par. 602-4)
Sec. 2-4.
Resistance to Officers.
It is unlawful for any person to resist or obstruct any officer or
employee of the Department in the discharge of his duties under this Act.
(Source: P.A. 77-1312.)
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(625 ILCS 40/2-5) (from Ch. 95 1/2, par. 602-5)
Sec. 2-5.
False Representation.
It is unlawful for any person to represent himself falsely to be an
officer or employee of the Department or to assume to act as such without
having been duly appointed and employed as such.
(Source: P.A. 77-1312.)
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(625 ILCS 40/Art. III heading) ARTICLE III.
REGISTRATION OF
SNOWMOBILES
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(625 ILCS 40/3-1) (from Ch. 95 1/2, par. 603-1)
Sec. 3-1. Operation of Unnumbered Snowmobiles. (a) Except as hereinafter provided, no person who is a resident of this State shall, after the effective
date of this Act, operate any snowmobile within this State unless such
snowmobile has been registered and numbered in accordance with the
provisions of this Article, and unless the certificate of number
awarded to such snowmobile is in full force and effect. A person who is not a resident of this State and who operates a snowmobile within this State may register that snowmobile in this State, but in the event that he or she does not, and he or she is not otherwise exempt under subsection (c) of Section 3-12 of this Article, he or she must obtain and display a trail use sticker in accordance with Section 3-12 of this Article.
(b) A person convicted of violating this Section is guilty of a petty offense. (Source: P.A. 96-1291, eff. 4-1-11; 97-333, eff. 8-12-11.)
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(625 ILCS 40/3-2) (from Ch. 95 1/2, par. 603-2)
Sec. 3-2. Identification Number Application. The owner of each snowmobile requiring numbering by this State shall
file an application for number with the Department on forms approved by
it. The application shall be signed by the owner of the snowmobile and
shall be accompanied by a fee of $30. When a snowmobile dealer
sells a snowmobile the dealer shall, at the time of sale, require the buyer
to complete an application for the registration certificate, collect the
required fee and mail the application and fee to the Department no later
than 15 days after the date of sale. Combination application-receipt forms
shall be provided by the Department and the dealer shall furnish the buyer
with the completed receipt showing that application for registration has
been made. This completed receipt shall be in the possession of the user
of the snowmobile until the registration certificate is received. No
snowmobile dealer may charge an additional fee to the buyer for performing
this service required under this subsection. However, no purchaser
exempted under Section 3-11 of this Act shall be charged any fee or be
subject to the other requirements of this Section. The application form
shall so state in clear language the requirements of this Section and the
penalty for violation near the place on the application form provided for
indicating the intention to register in another jurisdiction. Each dealer
shall maintain, for one year, a record in a form prescribed by the
Department for each snowmobile sold. These records shall be open to
inspection by the Department. Upon receipt of the application in
approved form the Department shall enter the same upon the records of
its office and issue to the applicant a certificate of number stating
the number awarded to the snowmobile and the name and address of the owner.
For the registration years beginning on or after January 1, 2017, the application shall be signed by the owner of the snowmobile and
shall be accompanied by a fee of $45. (Source: P.A. 96-1291, eff. 4-1-11; 97-1136, eff. 1-1-13.)
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(625 ILCS 40/3-3) (from Ch. 95 1/2, par. 603-3)
Sec. 3-3.
Identification Number Display.
The Department shall issue to
the snowmobile owner two registration expiration decals with the number
awarded to that snowmobile imprinted upon the decals. The owner shall apply
these decals on each side of the cowling of such snowmobile.
The certificate of number shall be pocket size and shall be available at
all times for inspection on the snowmobile for which issued, whenever such
snowmobile is in operation.
(Source: P.A. 81-1509.)
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(625 ILCS 40/3-4) (from Ch. 95 1/2, par. 603-4)
Sec. 3-4.
Destruction, Sale, Transfer or Abandonment.
The owner of any snowmobile shall within 15 days notify the Department
if such snowmobile is destroyed or abandoned, or is sold or transferred
either wholly or in part to another person or persons. In all such cases,
the notice shall be accompanied by a surrender of the certificate of
number. When the surrender of the certificate is by reason of the
snowmobile being destroyed or abandoned, the Department shall cancel the
certificate and enter such fact in its records. The Department shall be
notified in writing of any change of address. Should the owner desire a new
certificate of number, showing the new address, he shall surrender his old
certificate and notify the Department of the new address, remitting one
dollar to cover the issuance of a new certificate of number. If the
surrender is by reason of a sale or transfer either wholly or in part to
another person or persons, the owner surrendering the certificate shall
state to the Department, under oath, the name of the purchaser or
transferee.
(Source: P.A. 77-1312.)
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(625 ILCS 40/3-5) (from Ch. 95 1/2, par. 603-5)
Sec. 3-5. Transfer of Identification Number. The purchaser of a snowmobile
shall, within 15 days after acquiring same, make application to the Department
for the transfer to him of the certificate of number issued to the snowmobile,
giving his name, his address and the number of the snowmobile. The purchaser
shall apply for a transfer-renewal for a fee of $30 for
approximately 3 years.
All transfers will bear September 30 expiration dates in the calendar year of
expiration. Upon receipt of the application and fee, the Department shall
transfer the certificate of number issued to the snowmobile to the new
owner. Unless the application is made and fee paid within 30 days, the
snowmobile shall be deemed to be without certificate of number and it shall
be unlawful for any person to operate the snowmobile until the certificate
is issued. For the registration years beginning on or after January 1, 2017, the purchaser
shall apply for a transfer-renewal for a fee of $45 for
approximately 3 years.
(Source: P.A. 96-1291, eff. 4-1-11.)
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(625 ILCS 40/3-6) (from Ch. 95 1/2, par. 603-6)
Sec. 3-6. Loss of certificate. Should a certificate of number or registration expiration decal become
lost, destroyed, or mutilated beyond legibility, the owner of the
snowmobile shall make application to the Department for the replacement of
the certificate or decal, giving his name, address, and the number of his
snowmobile and shall at the same time pay to the Department a fee of $5.
(Source: P.A. 97-1136, eff. 1-1-13.)
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(625 ILCS 40/3-7) (from Ch. 95 1/2, par. 603-7)
Sec. 3-7.
Department Records.)
All records of the Department made or kept under this Article shall be
public records.
(Source: P.A. 79-885.)
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(625 ILCS 40/3-8) (from Ch. 95 1/2, par. 603-8)
Sec. 3-8. Certificate of Number. Every certificate of number awarded under this Act shall continue in
full force and effect for approximately 3 years unless sooner terminated or
discontinued in accordance with this Act. All new certificates issued will
bear September 30 expiration dates in the calendar year 3 years after the
issuing date. Provided however, that the Department may, for purposes of
implementing this Section, adopt rules for phasing in the issuance of new
certificates and provide for 1, 2 or 3 year expiration dates and pro-rated
payments or charges for each registration.
All certificates shall be renewed for 3 years from the nearest September
30 for a fee of $30. All certificates will be considered invalid
after
October 15 of the year of expiration. All certificates expiring in a given
year shall be renewed between April 1 and September 30 of that year, in
order to allow sufficient time for processing.
The Department shall issue "registration expiration decals" with all new
certificates of number, all certificates of number transferred and renewed,
and all certificates of number renewed. The decals issued for each year shall
be of a different and distinct color from the decals of each year currently
displayed. The decals shall be affixed to each side of the cowling of the
snowmobile in the manner prescribed by the rules and regulations of the
Department. The Department shall fix a day and month of the year on which
certificates of number due to expire shall lapse and no longer be of any
force and effect unless renewed pursuant to this Act.
No number or registration expiration decal, except a sticker or number
which may be required by a political subdivision, municipality,
or
state, other than the registration expiration decal issued to a snowmobile
or granted reciprocity pursuant to this Act, shall be painted, attached,
or
otherwise displayed on either side of the cowling of such snowmobile.
A dealer engaged in the manufacture, sale, or leasing of snowmobiles
required to be numbered hereunder, upon application to the Department upon
forms prescribed by it, may obtain certificates of number for use in the
testing or demonstrating of such snowmobiles upon payment of $30
for each
registration. Certificates of number so issued may be used by the applicant
in the testing or demonstrating of snowmobiles by temporary placement of
the registration expiration decals assigned by such certificates on the
snowmobile so tested or demonstrated.
For the registration years beginning on or after January 1, 2017, every certificate of number awarded under this Section shall be accompanied by a fee of $45. (Source: P.A. 96-1291, eff. 4-1-11.)
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(625 ILCS 40/3-9) (from Ch. 95 1/2, par. 603-9)
Sec. 3-9.
Registration List.
A snowmobile registration list may be furnished for official use at no
charge only to such federal, state, county and municipal enforcement
agencies as may require such data.
A snowmobile registration list may be furnished, at the cost of
reproduction, to statewide not-for-profit Illinois snowmobile organizations for
use only with educational programs.
(Source: P.A. 92-174, eff. 7-26-01.)
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(625 ILCS 40/3-10) (from Ch. 95 1/2, par. 603-10)
Sec. 3-10.
Penalty.
No person shall at any time falsely alter or change in any manner the
certificate of number issued under the provisions hereof, or falsify any
record required by this Act, or counterfeit any form of license provided
for by this Act.
(Source: P.A. 77-1312.)
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(625 ILCS 40/3-11) (from Ch. 95 1/2, par. 603-11)
Sec. 3-11. Exception from numbering provisions of this Act.) A snowmobile
shall not be required to be numbered under this Act if it is:
A. Owned and used by the United States, another state, or a political
subdivision thereof, but such snowmobiles shall display the name of the
owner on the cowling thereof.
B. (Blank).
C. Owned and operated on lands owned by the owner or operator or on lands
to which he has a contractual right other than as a member of a club or
association, provided the snowmobile is not operated elsewhere within the
state.
D. Used only on international or national competition circuits in events
for which written permission has been obtained by the sponsoring or sanctioning
body from the governmental unit having jurisdiction over the location of
any event held in this State.
E. Owned by persons domiciled in Illinois but used entirely in another
jurisdiction when such owner has complied with the provisions of Section
3-2 of this Act.
F. Designed for use by small children primarily as a toy and used only on
private property and not on any public use trail.
(Source: P.A. 96-1291, eff. 4-1-11.)
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(625 ILCS 40/3-12) Sec. 3-12. Trail use stickers. (a) Except as provided in subsection (c) of this Section, a person who is not a resident of this State shall not operate a snowmobile in this State unless a numbered trail use sticker issued under this Section is displayed on the snowmobile. (b) The fee for a trail use sticker issued for a snowmobile under subsection (a) of this Section is $25 per registration year. A trail use sticker issued for such a snowmobile may be issued only by the Department and persons appointed by the Department and expires on June 30 of each registration year. (c) A snowmobile that is registered and numbered in accordance with the provisions of this Article or that is exempt from registration under Section 3-11 of this Article is exempt from having a trail use sticker displayed under subsection (a) of this Section. (d)
The Department may appoint any person who is not an employee of the Department as the Department's agent to issue trail use stickers and collect the fees for the stickers. (e) The Department shall establish by rule procedures for issuing trail use stickers, and the Department may promulgate rules regulating the activities of persons who are authorized to be agents under this Section.
(Source: P.A. 96-1291, eff. 4-1-11.) |
(625 ILCS 40/3-13) Sec. 3-13. Mandatory liability insurance. (a) Other than a person operating a snowmobile on their own property that is not a posted snowmobile trail, and other than a person operating a snowmobile on property other than a posted snowmobile trail in which the owner of the property has given his or her written or oral consent to the person to operate a snowmobile on the property, no person shall operate, register, or maintain registration of, and no owner shall permit another person to operate, register or maintain registration of, a snowmobile in this State unless the snowmobile is covered by a liability insurance policy. The insurance policy shall be issued in amounts no less than the minimum amounts set for bodily injury or death and for destruction of property under Section 7-203 of the Illinois Vehicle Code, and shall be issued in accordance with the requirements of Sections 143a and 143a-2 of the Illinois Insurance Code, as amended. No insurer other than an insurer authorized to do business in this State shall issue a policy pursuant to this Section 3-13. Nothing herein shall deprive an insurer of any policy defense available at common law. (b) Proof of insurance as required by this Section shall be produced and displayed by the owner or operator of the snowmobile upon request to any law enforcement officer or to any person who has suffered or claims to have suffered either personal injury or property damage as a result of the operation of the snowmobile by the owner or operator. (c) Except as provided in subsection (d), any operator of a snowmobile subject to registration and numbering under this Act who is convicted of violating subsection (a) of this Section is guilty of a petty offense and shall be required to pay a fine in excess of $500, but not more than $1,000. However, no person charged with violating this Section shall be convicted if such person produces in court satisfactory evidence that at the time of the arrest the snowmobile was covered by a liability insurance policy in accordance with subsection (a) of this Section. The chief judge of each circuit may designate an officer of the court to review the documentation demonstrating that at the time of arrest the snowmobile was covered by a liability insurance policy in accordance with subsection (a) of this Section. (d) A person who (i) has not previously been convicted of or received a disposition of court supervision for violating subsection (a) of this Section and (ii) produces at his or her court appearance satisfactory evidence that the snowmobile is covered, as of the date of the court appearance, by a liability insurance policy in accordance with Section 7-601 of the Illinois Vehicle Code shall, for a violation of this Section, pay a fine of $100 and receive a disposition of court supervision. The person must, on the date that the period of court supervision is scheduled to terminate, produce satisfactory evidence that the snowmobile was covered by the required liability insurance policy during the entire period of court supervision. An officer of the court designated under subsection (c) may also review liability insurance documentation under this subsection (d) to determine if the snowmobile is, as of the date of the court appearance, covered by a liability insurance policy in accordance with Section 7-601 of the Illinois Vehicle Code. The officer of the court shall also determine, on the date the period of court supervision is scheduled to terminate, whether the snowmobile was covered by the required policy during the entire period of court supervision.
(Source: P.A. 96-1291, eff. 4-1-11.) |
(625 ILCS 40/Art. IV heading) ARTICLE IV.
SNOWMOBILE EQUIPMENT
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(625 ILCS 40/4-1) (from Ch. 95 1/2, par. 604-1)
Sec. 4-1.
Equipment.
All snowmobiles operating within the State of Illinois
shall be equipped with:
A. At least one white head-lamp having a minimum candlepower of sufficient
intensity to exhibit a white light plainly visible from a distance of at
least 500 feet ahead during hours of darkness under normal atmospheric conditions.
If a snowmobile is equipped with a single beam lamp, such lamp shall be
so aimed that when the vehicle is loaded none of the high intensity portion
of the light, at a distance of 25 feet in front of the vehicle, projects
higher than the level of the center of the lamp from which it originates.
B. At least one red tail lamp having a minimum candlepower of sufficient
intensity to exhibit a red light plainly visible from a distance of five
hundred feet to the rear during hours of darkness under normal atmospheric
conditions.
C. A brake system in good mechanical condition.
D. Reflective material of a minimum area of 16 square inches mounted on
each side of the cowling. Identifying numbers may be included in computing
the required 16 square inch area.
E. Adequate sound suppression equipment. No snowmobile manufactured
after June 1, 1972, shall be sold or offered for sale, unless it is
equipped with sound suppression devices that limit total machine noise in
accordance with noise pollution standards established pursuant to the
Environmental Protection Act.
(Source: P.A. 82-417.)
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(625 ILCS 40/4-2) (from Ch. 95 1/2, par. 604-2)
Sec. 4-2.
Inspection and Testing.
The Department may adopt rules and regulations with respect to the
inspection of snowmobiles and the testing of machine noise.
(Source: P.A. 77-1312.)
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(625 ILCS 40/4-3) (from Ch. 95 1/2, par. 604-3)
Sec. 4-3.
Sale Prohibited.
No person shall have for sale, sell, or offer for sale in this State any
snowmobile which fails to comply with Section 4-1, or which does not comply
with the specifications for such equipment required by the rules and
regulations of the Department after the effective date of such rules and
regulations.
(Source: P.A. 77-1312.)
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(625 ILCS 40/4-4) (from Ch. 95 1/2, par. 604-4)
Sec. 4-4.
Racing Machines.
Snowmobiles used only on international or national competition circuits
in events for which written permission has been obtained by the sponsoring
or sanctioning body from the governmental unit having jurisdiction over the
location of any event held in this State are exempt from the provisions of
this Article.
(Source: P.A. 78-856.)
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(625 ILCS 40/Art. V heading) ARTICLE V.
CONTROL PROVISIONS
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(625 ILCS 40/5-1) (from Ch. 95 1/2, par. 605-1)
Sec. 5-1.
Operation Generally.
It is unlawful for any person to drive
or operate any snowmobile in the following ways:
A. At a rate of speed too fast for conditions and the fact that the
speed of the snowmobile does not exceed the applicable maximum speed
limit allowed does not relieve the driver from the duty to decrease
speed as may be necessary to avoid colliding with any person or vehicle
or object within legal requirements and the duty of all persons to use
due care.
B. In a careless, reckless, or negligent manner.
C. (Blank)
D. At any time without at least one lighted headlamp and one lighted
tail lamp on the snowmobile.
E. Within any nature preserve.
F. On the tracks or right of way of an operating railroad.
G. In any tree nursery or planting in a manner which damages or
destroys growing stock, or creates a substantial risk thereto.
H. On private property, without the written or verbal consent of the
owner or lessee thereof. Any person operating a snowmobile upon lands of
another shall stop and identify himself upon the request of the
landowner or his duly authorized representative, and, if requested to do
so by the landowner shall promptly remove the snowmobile from the premises.
I. Notwithstanding any other law to the contrary, an owner, lessee,
or occupant of premises owes no duty of care to keep
the premises safe for entry or use by others for snowmobiling, or to
give warning of any condition, use, structure or activity
on such premises. This subsection does not apply where permission to
snowmobile is given for a valuable consideration other than to this
State, any political subdivision or municipality thereof, or any landowner
who is paid with funds from the Snowmobile Trail Establishment Fund. In
the case of land leased to the State or a subdivision thereof, any
consideration received is not valuable consideration within the meaning of
this section. Nothing in this section limits in any way liability which
otherwise exists for willful or malicious failure to guard or warn against
a dangerous condition, use, structure, or activity.
J. Notwithstanding any other law to the contrary, an owner, lessee
or occupant of premises who gives permission to
another to snowmobile upon such premises does not thereby extend any
assurance that the premises are safe for such purpose, or assume
responsibility for or incur liability for any injury to person or
property caused by any act or omission of persons to whom the
permission to snowmobile is granted.
This subsection shall not apply where permission to snowmobile is given
for a valuable consideration other than to this State, any political
subdivision or municipality thereof, or any landowner who is paid with funds
from the Snowmobile Trail Establishment Fund. In the case of land leased
to the State or a subdivision thereof, any consideration received is not
valuable consideration within the meaning of this section. Nothing in this
section limits in any way liability which otherwise exists for willful or
malicious failure to guard or warn against a dangerous condition, use,
structure, or activity.
K. On the frozen surface of public waters of this State within 100
feet of a person, including a skater not in or upon a
snowmobile; within
100 feet of a person engaged in fishing, except at the minimum speed
required to maintain forward movement of the snowmobile; on an area
which has been cleared of snow for skating purposes unless the area is
necessary for access to the frozen waters of this State.
L. Within 100 feet of a dwelling between midnight and 6 a.m. at a
speed greater than the minimum required to maintain forward movement of
the snowmobile. This provision would not apply on private property
where verbal or written consent of the owner or lessee has been granted
to snowmobile upon such private property or frozen waters of this State.
M. Notwithstanding any other law to the contrary, any owner, lessee
or occupant of premises or any person or association
who, with the permission of the owner of the premises, places, maintains
or displays a sign, signal, marking or device to give warning of any unsafe
condition on the premises for snowmobiling shall not be liable for any personal
injuries allegedly caused by his or her acts or omissions in providing such
warning unless the alleged misconduct was willful or malicious. This
subsection shall not apply where the owner, occupant or lessee of the
premises grants express permission for snowmobiling in exchange for
valuable consideration. However, this subsection will apply where such
consideration is given to such owner, occupant or lessee by the State or
one of its political subdivisions.
N. Notwithstanding any other law or Section of this Act to the
contrary, the State and any political subdivision or municipality thereof
owes no duty of care to keep the premises safe for entry or use by others
for snowmobiling or to guard against or give warnings of any condition,
use, structure or activity on property in which the State and any political
subdivision or municipality thereof has any interest.
(Source: P.A. 89-55, eff. 1-1-96.)
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(625 ILCS 40/5-2) (from Ch. 95 1/2, par. 605-2)
Sec. 5-2.
Operation on Highways.
It is unlawful for any person to
drive or operate any snowmobile on a highway in this State except as follows:
A. On highways other than tollways, interstate highways and fully or
limited access-controlled highways snowmobiles
may make a direct crossing provided:
(1) the crossing is made at an angle of approximately | ||
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(2) the snowmobile is brought to a complete stop | ||
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(3) the operator yields the right of way to all | ||
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B. On highways other than tollways, interstate
highways and fully or limited access-controlled
highways snowmobiles may be operated not
less than 10 feet from the roadway and in the same direction as traffic.
On such highways, other than State highways, the corporate authorities
of a city, village or incorporated town may adopt ordinances providing for
variance from the 10-foot separation requirement of this subsection,
including ordinances permitting the operation of snowmobiles upon the
roadways of such highways, other than State highways, within city, village
or town limits. In addition, the corporate authorities of any unit of
local government with jurisdiction over such highways may adopt ordinances
authorizing the operation of snowmobiles within 10 feet of the roadway to
avoid obstructions or hazardous terrain. Other than for State highways,
corporate authorities of a city, village or incorporated town may adopt
ordinances providing for trails, including the
designation of the roadways of highways referred to in this paragraph as
snowmobile trails, and regulating snowmobile operation within city, village
or town limits.
C. On highways other than tollways, interstate
highways and fully or limited access-controlled
highways snowmobiles may be operated on
roadways when it is necessary to cross a bridge or culvert or when it is
impracticable to gain immediate access to an area adjacent to a highway
where a snowmobile is to be operated.
D. Corporate authorities of a city, village or incorporated town may by
ordinance designate 1 or more specific public highways or streets within
their jurisdiction as egress and ingress routes for the use of snowmobiles.
In the event that such public highways or streets are under the jurisdiction
of the State of Illinois, express written consent of the
Illinois Department
of Transportation shall be required. Corporate authorities acting under
the authority of this paragraph D shall erect and maintain signs giving
proper notice thereof.
E. Snowmobiles may be lawfully driven or operated upon those highways where
posted with signs giving proper notice and erected and maintained by
the township road commissioner. A township or township road commissioner
shall not be liable for any personal injuries caused as a result of the
operation of a snowmobile on such highways. For purposes of this paragraph
E, "highways" are defined as township roads pursuant to Section 2-205 of
the Illinois Highway Code.
(Source: P.A. 91-357, eff. 7-29-99.)
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(625 ILCS 40/5-3) (from Ch. 95 1/2, par. 605-3)
Sec. 5-3.
Youthful Operators.
A. No person under 10 years of age may operate a snowmobile, other than
machines designed for use by small children primarily as a toy and
used only on private property and not on any public use trail.
B. Persons at least 10 and less than 12 years of age may operate a
snowmobile only if they are either accompanied on the snowmobile
by a parent or guardian or a person at least 18 years of age
designated by a parent or guardian.
C. Persons at least 12 and less than
16 years of age may operate a snowmobile only if they are either accompanied
on the snowmobile by a parent or guardian or a person at least 16 years of
age designated by a parent or guardian, or such operator is in possession of a
certificate issued by the Department authorizing the holder to operate
snowmobiles.
D. Any person who operates a snowmobile on a highway as provided in
Section 5-2 shall (1) possess a valid motor vehicle driver's license; or
(2) possess a safety certificate as provided for in this Section. Any such
person less than 16 years of age shall also be under the immediate
supervision of a parent or guardian or a person at least 18 years of age
designated by the parent or guardian.
E. Violations of this Section done with the knowledge of a
parent or guardian shall be deemed a violation by the parent
or guardian and punishable under Article X of this Act.
F. The department shall establish a program of instruction on
snowmobile laws, regulations, safety and related subjects.
It is unlawful for any person under 16 years of age to
operate a snowmobile on a public highway in this State. The program
shall be conducted by instructors certified by the department. The
department may procure liability insurance coverage for certified
instructors for work within the scope of their duties under this section.
Persons satisfactorily completing this program shall receive certification
from the department. The department may charge each person who enrolls
in the course an instruction fee of $2.50. If a fee is authorized by
the department, the department shall authorize instructors conducting such
courses meeting standards established by it to retain $1 of the fee to
defray expenses incurred locally to operate the program. The
remaining $1.50 of the fee shall be retained by the department to
defray a part of its expenses incurred to operate the safety and
accident reporting program. A person over the age of 12 years but
under the age of 16 years who holds a valid certificate issued by
another state or province of the Dominion of Canada need not obtain
a certificate from the department if the course content of the program
in such other state or province substantially meets that established
by the department under this section. A certificate issued by the
Department, or by another State or a province of the Dominion of Canada,
shall not constitute a valid motor vehicle operator's license for the
purpose of this Section.
(Source: P.A. 92-174, eff. 7-26-01.)
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(625 ILCS 40/5-4) (from Ch. 95 1/2, par. 605-4)
Sec. 5-4.
Operation on Ice.
Snowmobiles may be operated on the frozen waters of this State subject
to the provisions of Section 5-1 and the rules and regulations of the
Department.
(Source: P.A. 89-55, eff. 1-1-95.)
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(625 ILCS 40/5-5) (from Ch. 95 1/2, par. 605-5)
Sec. 5-5.
Special Events.
Nothing contained in this Article shall be construed to prohibit any
local authority of this State from designating a special snowmobile event.
In such case the provisions of this article shall not apply to areas or
highways under the jurisdiction of that local authority.
(Source: P.A. 77-1312.)
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(625 ILCS 40/5-6) (from Ch. 95 1/2, par. 605-6)
Sec. 5-6.
Other Prohibition.
A. No person, except persons permitted by law, shall operate or ride
any snowmobile with any firearm in his possession unless it is unloaded and
enclosed in a carrying case, or any bow unless it is unstrung in a carrying
case.
B. No person shall operate any snowmobile emitting pollutants in
accordance with standards established pursuant to the Environmental
Protection Act.
C. No person shall deposit from a snowmobile on the snow, ice, or ground
surface, trash, glass, garbage, insoluble material, or other offensive
matter.
D. No person shall use a snowmobile to take, pursue or intentionally
harass or disturb wildlife as defined in Section 1.2t of the Wildlife Code,
except such restriction shall not apply to any person acting to protect
livestock from predatory animals.
(Source: P.A. 82-629.)
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(625 ILCS 40/5-7)
Sec. 5-7. Operating a snowmobile while under the influence of alcohol or
other drug or drugs, intoxicating compound or compounds, or a combination of
them; criminal penalties; suspension of operating privileges. (a) A person may not operate or be in actual physical control of a
snowmobile within this State
while:
1. The alcohol concentration in that person's blood, | ||
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2. The person is under the influence of alcohol;
3. The person is under the influence of any other | ||
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3.1. The person is under the influence of any | ||
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4. The person is under the combined influence of | ||
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4.3. The person who is not a CDL holder has a | ||
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4.5. The person who is a CDL holder has any amount of | ||
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5. There is any amount of a drug, substance, or | ||
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(b) The fact that a person charged with violating this Section is or has
been legally entitled to use alcohol, other drug or drugs, any
intoxicating
compound or compounds, or any combination of them does not constitute a
defense against a charge of violating this Section.
(c) Every person convicted of violating this Section or a similar
provision of a local ordinance is guilty of a
Class A misdemeanor, except as otherwise provided in this Section.
(c-1) As used in this Section, "first time offender" means any person who has not had a previous conviction or been assigned supervision for violating this Section or a similar provision of a local ordinance, or any person who has not had a suspension imposed under subsection (e) of Section 5-7.1. (c-2) For purposes of this Section, the following are equivalent to a conviction: (1) an unvacated revocation of pretrial release; or (2) the failure of a defendant to appear for trial.
(d) Every person convicted of violating this Section is guilty of a
Class 4 felony if:
1. The person has a previous conviction under this | ||
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2. The offense results in personal injury where a | ||
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3. The offense occurred during a period in which the | ||
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(e) Every person convicted of violating this Section is guilty
of a
Class 2 felony if the offense results in the death of a person.
A person guilty of a Class 2 felony under this subsection (e), if sentenced
to
a term of imprisonment, shall be sentenced to a term of not less than 3 years
and not more than 14 years.
(e-1) Every person convicted of violating this Section or a similar
provision of a local ordinance who had a child under the age of 16 on board the
snowmobile at the time of offense shall be subject to a mandatory minimum fine
of $500 and shall be subject to a mandatory minimum of 5 days of community
service in a program benefiting children. The assignment under this subsection
shall not be subject to suspension nor shall the person be eligible for
probation in order to reduce the assignment.
(e-2) Every person found guilty of violating this Section, whose operation
of
a snowmobile while in violation of this Section proximately caused any incident
resulting in an appropriate emergency response, shall be liable for the expense
of an emergency response as provided in subsection (i) of Section 11-501.01 of the Illinois Vehicle Code.
(e-3) In addition to any other penalties and liabilities, a person who is
found guilty of violating this Section, including any person placed on court
supervision, shall be fined $100, payable to the circuit clerk, who shall
distribute the money to the law enforcement agency that made the arrest or as provided in subsection (c) of Section 10-5 of the Criminal and Traffic Assessment Act if the arresting agency is a State agency, unless more than one agency is responsible for the arrest, in which case the amount shall be remitted to each unit of government equally. Any moneys received by a law enforcement agency under
this subsection (e-3) shall be used to purchase law enforcement equipment or to
provide law enforcement training that will assist in the prevention of alcohol
related criminal violence throughout the State. Law enforcement equipment shall
include, but is not limited to, in-car video cameras, radar and laser speed
detection devices, and alcohol breath testers.
(f) In addition to any criminal penalties imposed, the
Department of Natural Resources shall suspend the
snowmobile operation privileges of
a person convicted or found guilty of a misdemeanor under this
Section for a period of one
year, except that first-time offenders are exempt from
this mandatory one-year suspension.
(g) In addition to any criminal penalties imposed, the Department of Natural
Resources shall suspend for a period of 5 years the snowmobile operation
privileges of any person convicted or found guilty of a felony under this
Section.
(Source: P.A. 101-652, eff. 1-1-23; 102-145, eff. 7-23-21; 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23.) |
(625 ILCS 40/5-7.1)
Sec. 5-7.1. Implied consent.
(a) A person who operates or is in actual physical control of a
snowmobile in this State is deemed to have
given consent to a chemical test or tests of blood, breath, other bodily substance, or urine for the
purpose of determining the content of alcohol, other drug or
drugs, intoxicating compound or compounds, or a combination of them in that person's blood or other bodily substance, if
arrested for a violation of Section 5-7. The chemical test or tests shall
be
administered at the direction of the arresting officer. The law enforcement
agency employing the officer shall designate which tests shall be
administered. Up to 2 additional tests of urine or other bodily substance may be administered even after a blood or breath
test or both has been administered.
(a-1) For the purposes of this Section, an Illinois law enforcement
officer of this State who is investigating the person for any offense defined
in Section 5-7 may travel into an adjoining state, where the person has been
transported for medical care to complete an investigation and to request that
the person submit to the test or tests set forth in this Section. The
requirements of this Section that the person be arrested are inapplicable, but
the officer shall issue the person a uniform citation for an offense as defined
in Section 5-7 or a similar provision of a local ordinance prior to requesting
that the person submit to the test or tests. The issuance of the uniform
citation shall not
constitute an arrest, but shall be for the purpose of notifying the person that
he or she is subject to the provisions of this Section and of the officer's
belief of the existence of probable cause to arrest. Upon returning to this
State, the officer shall file the uniform citation with the circuit clerk of
the county where the offense was committed and shall seek the issuance of an
arrest warrant or a summons for the person.
(a-2) Notwithstanding any ability to refuse under this Act to submit to
these
tests or any ability to revoke the implied consent to these tests, if a law
enforcement officer has probable cause to believe that a snowmobile operated by
or under actual physical control of a person under the influence of alcohol,
other drug or drugs, intoxicating
compound or compounds, or any combination of them has caused the death or
personal injury to another, that person shall submit, upon the request of a law
enforcement officer, to a chemical test or tests of his or her blood, breath,
other bodily substance, or
urine for the purpose of determining the alcohol content or the
presence of any other drug or combination of both. For the purposes of this
Section, a personal injury includes severe bleeding wounds, distorted
extremities, and injuries that require the injured party to be carried from the
scene for immediate professional attention in either a doctor's office or a
medical facility.
(b) A person who is dead, unconscious, or who is otherwise in a condition
rendering that person incapable of refusal, is deemed not to have
withdrawn the consent provided in subsection (a), and the test or tests may
be administered.
(c) A person requested to submit to a test as provided in this Section shall
be verbally advised by the law enforcement officer requesting the test that a
refusal to submit to the test will result in suspension of that person's
privilege to operate a snowmobile for a minimum of 2 years.
(d) Following this warning, if a person under arrest refuses upon the
request of a law enforcement officer to submit to a test designated by the
officer, no tests may be given, but the law enforcement officer
shall file with
the clerk of the circuit court for the county in which the arrest was made,
and with the Department of Natural Resources, a
sworn statement naming the person refusing to take and complete the
chemical test or
tests requested under the provisions of this Section. The sworn statement
shall identify the arrested person, the person's current residence address and
shall specify that a refusal by that person to take the chemical test or
tests was made.
The sworn statement shall include a statement
that the officer had reasonable cause to believe the person was operating or
was in actual physical control of the
snowmobile within this State while under the influence of alcohol,
other drug or drugs, an intoxicating compound or compound, or a combination
of them
and that a chemical test or tests were requested as an incident to and
following the
lawful
arrest for an offense as defined in Section 5-7 or a similar provision of a
local ordinance, and that the person, after being arrested for an offense
arising out of acts alleged to have been committed while operating a
snowmobile,
refused to submit to and complete a chemical test or tests as requested by
the law
enforcement officer.
(e) The law enforcement officer submitting the sworn statement shall serve
immediate written notice upon the person refusing the chemical test or tests
that the person's privilege to operate a snowmobile within this State will be
suspended for a period of 2 years unless, within
28 days from the date of the notice, the person requests in writing a hearing
on the suspension.
If the person desires a hearing, the person shall file a complaint in the
circuit court in the county where that person was arrested within 28 days from
the date of the notice.
The hearing shall proceed in the court in the same manner as other civil
proceedings. The hearing shall cover only the following issues: (1) whether
the person was placed under
arrest for an offense as defined in Section 5-7 or a similar provision of a
local
ordinance as evidenced by the issuance of a uniform citation; (2) whether the
arresting officer had reasonable grounds to believe that the person was
operating a snowmobile while under the influence of alcohol, other
drug or
drugs, an intoxicating compound or compounds, or a combination of them; and
(3) whether that person refused to submit to and complete the chemical
test or tests upon
the
request of the law enforcement officer. Whether the person was informed that
the person's privilege to operate a snowmobile would be suspended if that
person refused to submit to the chemical test or tests may not be an issue
in the hearing.
If the person fails to request a hearing in writing within 28 days of the
date of the notice, or if a hearing is held and the court finds against the
person on the issues before the court,
the clerk shall immediately notify the Department of Natural Resources, and the Department shall suspend the snowmobile operation
privileges of
that person for at least 2 years.
(f) (Blank).
(f-1) If the person is a CDL holder and submits to a test that discloses an alcohol
concentration of 0.08 or more, or any amount of a drug, substance, or
intoxicating compound in the person's breath, blood, other bodily substance, or urine resulting from
the unlawful use of cannabis listed in the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances Act, methamphetamine as listed in the Methamphetamine Control and Community Protection Act, or an intoxicating
compound listed in the Use of Intoxicating Compounds Act, the law enforcement
officer shall
immediately submit a sworn report to the circuit clerk of venue and the
Department of Natural
Resources, certifying that the test or tests was or were requested under
subsection (a-1) of this Section and the person submitted to testing that
disclosed an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or
intoxicating compound in the person's breath, blood, other bodily substance, or urine resulting from
the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances Act, methamphetamine as listed in the Methamphetamine Control and Community Protection Act, or an intoxicating
compound listed in the Use of Intoxicating Compounds Act. If the person is not a CDL holder and submits to a test that discloses
an alcohol concentration of 0.08 or more, a tetrahydrocannabinol concentration in the person's whole blood or other bodily substance as defined in paragraph 6 of subsection (a) of Section 11-501.2 of the Illinois Vehicle Code, or any amount of a drug,
substance,
or intoxicating compound in the person's blood, other bodily substance, or urine resulting from the
unlawful use or
consumption of a controlled
substance listed in the Illinois Controlled Substances Act, an
intoxicating
compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the law
enforcement officer shall immediately submit a sworn report to the circuit clerk of venue and the
Department of Natural
Resources, certifying that the test or tests
was or were requested under subsection (a-1) and the person submitted to testing that disclosed an alcohol concentration
of 0.08 or more, a tetrahydrocannabinol concentration in the person's whole blood or other bodily substance as defined in paragraph 6 of subsection (a) of Section 11-501.2 of the Illinois Vehicle Code, or any amount of a drug, substance, or intoxicating
compound
in such
person's blood, other bodily substance, or urine, resulting from the unlawful use or consumption of
a controlled substance
listed in
the Illinois Controlled Substances Act,
an intoxicating compound listed in
the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act.
In cases involving a person who is a CDL holder where the blood alcohol concentration of 0.08 or greater or any
amount of drug, substance, or compound resulting from the unlawful use of
cannabis, a controlled substance, methamphetamine, or an intoxicating compound is established by
a subsequent analysis of blood, other bodily substance, or urine collected at the time of arrest, the
arresting officer or arresting agency shall immediately submit a sworn report
to the circuit clerk of venue and the Department of Natural Resources upon
receipt of the test results. In cases involving a person who is not a CDL holder where the blood alcohol concentration of 0.08 or greater, a tetrahydrocannabinol concentration in the person's whole blood or other bodily substance as defined in paragraph 6 of subsection (a) of Section 11-501.2 of the Illinois Vehicle Code, or any
amount of drug, substance, or compound resulting from the unlawful use of
a controlled substance, methamphetamine, or an intoxicating compound is established by
a subsequent analysis of blood, other bodily substance, or urine collected at the time of arrest, the
arresting officer or arresting agency shall immediately submit a sworn report
to the circuit clerk of venue and the Department of Natural Resources upon
receipt of the test results.
(g) A person must submit to each chemical test offered by the law
enforcement officer
in order to comply with implied consent provisions of this Section.
(h) The provision of Section 11-501.2 of the Illinois Vehicle Code
concerning the certification and use of chemical tests applies to the use of
those tests under this Section.
(Source: P.A. 99-697, eff. 7-29-16.)
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(625 ILCS 40/5-7.2)
Sec. 5-7.2. Chemical and other tests.
(a) Upon the trial of a civil or criminal action or proceeding arising out
of
acts alleged to have been committed while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or a combination of
them, the
concentration of alcohol, drug, or compound in the person's blood, other bodily substance, or breath at the time alleged as
shown by analysis of the person's blood, urine, breath, or other bodily
substance gives rise to the presumptions specified in
subdivisions 1, 2, and 3 of subsection (b) and subsection (b-5) of Section 11-501.2 of the Illinois
Vehicle Code.
(b) The provisions of subsection (a) shall not be construed as limiting the
introduction of any other relevant evidence bearing upon the question whether
the person was under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or a combination of
them.
(c) If a person under arrest refuses to submit to a chemical test under the
provisions of Section 5-7.1, evidence of refusal is admissible in a
civil or criminal action or proceeding arising out of acts alleged to have been
committed while the person under the influence of alcohol, other
drug or drugs, an intoxicating compound or compounds, or a combination of
them was operating a snowmobile.
(Source: P.A. 99-697, eff. 7-29-16.)
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(625 ILCS 40/5-7.3)
Sec. 5-7.3.
Supervision of operator; notification; 6 hour operating
limitation.
(a) The owner of a snowmobile or person given supervisory authority over a
snowmobile, may not knowingly permit a snowmobile to be operated by a person
under the influence of alcohol, other drug or drugs, an intoxicating
compound or compounds, or a combination of them.
(b) Whenever a person is convicted or found guilty of a violation
of Section 5-7, including any person placed on court supervision, the
court shall notify the Office of Law Enforcement of the Department of Natural
Resources with the
records essential for the performance of the Department's duties to monitor and
enforce an order of suspension or revocation concerning the person's privilege
to operate a snowmobile.
(c) A person who has been arrested and charged with violating Section 5-7
may not operate a snowmobile within this State for a period of 24
hours after
that person's arrest.
(Source: P.A. 93-156, eff. 1-1-04.)
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(625 ILCS 40/5-7.4)
Sec. 5-7.4. Admissibility of chemical tests of blood, other bodily substance, or urine conducted in the
regular course of providing emergency medical treatment. (a) Notwithstanding any other provision of law, the results of
blood, other bodily substance, or urine tests performed for the purpose of determining the content of
alcohol, other drug or drugs, intoxicating compound or compounds, or any
combination of them in an individual's blood, other bodily substance, or urine conducted upon persons receiving
medical treatment in a
hospital
emergency room, are admissible in evidence as a business record exception
to the
hearsay rule only in prosecutions for a violation of Section 5-7 of this
Act or a similar provision of a local ordinance or in prosecutions for reckless
homicide brought under the Criminal Code of 1961 or the Criminal Code of 2012.
The results of the tests are admissible only when
each of the following criteria are met:
1. the chemical tests performed upon an individual's | ||
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2. the chemical tests performed upon an individual's | ||
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Results of chemical tests performed upon an individual's blood, other bodily substance, or urine
are
admissible into evidence regardless of the time that the records were
prepared.
(b) The confidentiality provisions of law pertaining to medical records and
medical treatment are not applicable with regard to chemical tests
performed upon a person's blood, other bodily substance, or urine under the provisions of this
Section in prosecutions as specified in
subsection (a) of this Section. No person
shall be liable for civil damages as
a result of the evidentiary use of the results of chemical testing of the
individual's blood, other bodily substance, or urine under this
Section or as a result of that person's testimony made available under this
Section.
(Source: P.A. 99-697, eff. 7-29-16; 100-201, eff. 8-18-17.)
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(625 ILCS 40/5-7.5)
Sec. 5-7.5.
Preliminary breath screening test.
If a law
enforcement officer has reasonable suspicion to believe
that a person is violating or
has violated Section 5-7 or a similar
provision of a local ordinance, the officer, before an arrest, may request the
person to provide a sample of his or her breath for a preliminary breath
screening test using a portable device approved by the Department of State
Police. The results of this preliminary breath screening test may be used by
the law enforcement officer for the purpose of assisting with the determination
of whether to require a chemical test, as authorized under Sections 5-7.1
and 5-7.2 and the appropriate type of test to request. Any chemical test
authorized under Sections 5-7.1 and 5-7.2 may be requested by the officer
regardless of the result of the preliminary breath screening test if probable
cause for an arrest exists. The result of a preliminary breath screening test
may be used by the defendant as evidence in an administrative or court
proceeding involving a violation of Section 5-7.
(Source: P.A. 93-156, eff. 1-1-04.)
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(625 ILCS 40/5-7.6)
Sec. 5-7.6. Reporting of test results of blood, other bodily substance, or urine conducted in the
regular course of providing emergency medical treatment.
(a) Notwithstanding any other provision of law, the results of blood, other bodily substance, or
urine tests performed for the purpose of determining the content of alcohol,
other drug or drugs, intoxicating compound or compounds, or any combination
of them in an individual's blood, other bodily substance, or
urine, conducted upon persons receiving medical treatment in a hospital
emergency room for injuries resulting from a snowmobile accident, shall be
disclosed to the Department of Natural Resources, or local law enforcement
agencies of jurisdiction, upon request. The blood, other bodily substance, or urine tests are
admissible in evidence as a business record exception to the hearsay rule only
in prosecutions for violations of Section 5-7 of this Code or a similar
provision of a local ordinance, or in prosecutions for reckless homicide
brought under the Criminal Code of
1961 or the Criminal Code of 2012.
(b) The confidentiality provisions of the law pertaining to medical records
and medical treatment shall not be applicable with regard to tests performed
upon an individual's blood, other bodily substance, or urine under the provisions of subsection (a) of
this Section. No person shall
be liable for civil damages or professional discipline as a result of
disclosure or reporting of the tests or the evidentiary use of an individual's
blood, other bodily substance, or urine test results under this Section or Section 5-7.4 or as a result
of that person's testimony made available under this Section or Section 5-7.4,
except for willful or wanton misconduct.
(Source: P.A. 99-697, eff. 7-29-16.)
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(625 ILCS 40/Art. VI heading) ARTICLE VI.
ACCIDENT REPORTS - OPERATOR'S
RESPONSIBILITY - TRANSMITTAL OF INFORMATION
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(625 ILCS 40/6-1) (from Ch. 95 1/2, par. 606-1)
Sec. 6-1.
Collisions, accidents, and casualties; reports.
A. The operator of a snowmobile involved in a collision, accident, or
other casualty, shall render to other persons affected by this collision,
accident, or other casualty such assistance as may be practicable and as
may be necessary in order to save them from or minimize any danger caused
by the collision, accident, or other casualty, and also shall give his
name, address, and identification of his snowmobile to any person injured
and to the owner of any property damaged in the collision, accident, or
other casualty.
B. In the case of collision, accident, or other casualty involving the
operation of a
snowmobile, the operator thereof, if the collision, accident, or other
casualty results in death or injury to a person or damage to property in
excess of $750, shall file with the Department a full description
of the
collision, accident, or other casualty, including such information as the
Department may, by regulation, require. Reports of such accidents must be
filed with the Department on a Department Accident Report form within 5
days.
C. Reports of accidents resulting in personal injury, wherein a person
is incapacitated for a period exceeding 72 hours, must be filed with the
Department on a Department Accident Report form within 5 days. Accidents
which result in loss of life shall be reported to the Department on a
Department form within 48 hours.
D. All required accident reports and supplemental reports are without
prejudice to the individual so reporting, and are for the confidential use
of the Department, except that the Department may disclose the identity of
a person involved in an accident when such identity is not otherwise known
or when such person denies his presence at such accident. No such report
may be used as evidence in any trial, civil or criminal, arising out of an
accident, except that the Department must furnish upon demand of any person
who has or claims to have made such a report, or upon demand of any court,
a certificate showing that a specified accident report has or has not been
made to the Department, solely to prove a compliance or a failure to comply
with the requirements that such a report be made to the Department.
(Source: P.A. 92-174, eff. 7-26-01.)
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(625 ILCS 40/6-2) (from Ch. 95 1/2, par. 606-2)
Sec. 6-2.
Owner's and Operator's Responsibility.
The owner and any operator of a snowmobile are jointly and severally
liable for any injury or damage occasioned by the operation of such
snowmobile.
(Source: P.A. 77-1312.)
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(625 ILCS 40/Art. VII heading) ARTICLE VII.
LOCAL
REGULATION
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(625 ILCS 40/7-1) (from Ch. 95 1/2, par. 607-1)
Sec. 7-1.
Local Ordinances.
This Act and other applicable laws of this State govern the operation,
equipment, numbering and all other matters relating thereto whenever any
snowmobile is operated within this State; but this Act does not prevent the
adoption of any ordinance or local law by any political subdivision of the
State relating to the operation and equipment of snowmobiles which is not
inconsistent with this Act, amendments hereto or regulations issued
hereunder. Such ordinances or local laws shall be operative only so long as
they continue to be not inconsistent with this Act, amendments hereto or
regulations issued hereunder. However, this Act is not a limit upon any
home rule unit.
(Source: P.A. 78-856.)
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(625 ILCS 40/Art. VIII heading) ARTICLE VIII.
FILING OF REGULATIONS
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(625 ILCS 40/8-1) (from Ch. 95 1/2, par. 608-1)
Sec. 8-1.
Rules and regulations, filing.
The implementation and
administration of the provisions of this Act shall be by rules and regulations
adopted by the Department of Natural Resources.
A copy of the rules and regulations adopted pursuant to this Act, and of
any amendments thereto, shall be filed in the office of the Department and
in the office of the Secretary of State. Rules and regulations shall be
published by the Department in a convenient form.
(Source: P.A. 89-445, eff. 2-7-96.)
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(625 ILCS 40/Art. IX heading) ARTICLE IX.
SNOWMOBILE REGISTRATION
AND SAFETY ACT REVENUES
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(625 ILCS 40/9-1) (from Ch. 95 1/2, par. 609-1)
Sec. 9-1. Special fund. Except as provided in Section 9-2, all revenues received under this
Act, including registration fees,
fines, bond forfeitures or other income of whatever kind or nature shall be
deposited in the State Treasury in "The State Boating Act Fund".
Except for the additional moneys deposited under Section 805-550 of the Department of Natural Resources (Conservation) Law of the
Civil Administrative Code of Illinois, appropriations of revenue received as a result of this Act from "The State
Boating Act Fund" shall be made only to the Department for administering
the registration of snowmobiles, snowmobile safety, snowmobile safety
education and enforcement provisions of this Act or for any purpose related
or connected thereto, including the construction, maintenance, and
rehabilitation of snowmobile recreation areas or any other facilities for
the use of snowmobiles, including plans and specifications, engineering
surveys and supervision and land acquisition where necessary, and including
the disbursement of funds to political subdivisions upon written
application to and subsequent approval by the Department for construction,
maintenance, and rehabilitation of snowmobile recreation areas or any other
facilities for the use of snowmobiles, including plans and specifications,
engineering surveys and supervision and land acquisition where necessary.
(Source: P.A. 96-1160, eff. 1-1-11.)
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(625 ILCS 40/9-2) (from Ch. 95 1/2, par. 609-2)
Sec. 9-2. Special fund. There is created a special fund in the State
Treasury
to be known as the Snowmobile Trail Establishment Fund. Fifty
percent of each
new, transfer-renewal, renewal registration, and trail use sticker fee collected under
Sections 3-2, 3-5, 3-8, and 3-12 of this Act shall be deposited in the
fund. The fund shall be administered by the Department and shall be used
for disbursement, upon written application to and subsequent
approval by the Department, to nonprofit snowmobile clubs and organizations
for construction, management, maintenance, and rehabilitation of snowmobile trails and
areas for the use of snowmobiles, including plans and specifications,
engineering
surveys and supervision where necessary. The Department
shall promulgate such rules or regulations as it deems necessary for the
administration of the fund. It is the intent that the fees collected herein shall be used only for the Snowmobile Trail Establishment Fund.
(Source: P.A. 96-1291, eff. 4-1-11.)
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(625 ILCS 40/Art. X heading) ARTICLE X.
PENALTIES
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(625 ILCS 40/10-1) (from Ch. 95 1/2, par. 610-1)
Sec. 10-1.
Violations.
(a) Except as otherwise provided in this Act, a person who
violates any of the provisions of this Act is guilty of a Class C
misdemeanor.
(b) A person who violates subsection (B) of Section 5-1 of this Act
is guilty of a Class B misdemeanor.
(c) A person who violates Section 2-4 or Section 5-7.3 of this Act
is guilty of a Class A misdemeanor.
(Source: P.A. 89-55, eff. 1-1-96.)
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(625 ILCS 40/10-2)
Sec. 10-2.
Denial of operating privilege.
A person who is convicted
of a violation
of subsection (B) of Section 5-1 or Section 5-7 of this Act, in addition to
other penalties authorized in this Act, may in the discretion of the court be
refused the privilege to operate a snowmobile in this State for a period of
one year or more.
(Source: P.A. 89-55, eff. 1-1-96.)
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(625 ILCS 40/10-3)
Sec. 10-3. Unlawful operation of a snowmobile. A person may not operate a snowmobile during any period when his or her privilege to operate a snowmobile is suspended or revoked in this State, by another state, by a federal agency, or by a province of Canada. A person who operates a
snowmobile during the period when he or she is denied the privilege to operate
a snowmobile is guilty of a Class A misdemeanor.
(Source: P.A. 94-214, eff. 1-1-06.)
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(625 ILCS 40/Art. XI heading) ARTICLE XI.
PARTIAL INVALIDITY
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(625 ILCS 40/11-1) (from Ch. 95 1/2, par. 611-1)
Sec. 11-1.
If any provision of this Act, or the application of such provision to
any persons, body or circumstances shall be held invalid, the remainder of
this Act, or the application of such provision to persons, bodies or
circumstances other than those as to which it shall have been held invalid,
shall not be affected thereby.
(Source: P.A. 77-1312.)
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