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90_HB0144
625 ILCS 5/11-1412.2 new
625 ILCS 40/5-1 from Ch. 95 1/2, par. 605-1
625 ILCS 40/10-1 from Ch. 95 1/2, par. 610-1
Amends the Illinois Vehicle Code and the Snowmobile
Registration and Safety Act by providing that operation of a
motor vehicle or snowmobile on a levee, except for levee
roadways designed specifically for vehicular traffic, shall
be unlawful. Provides that violation of these provisions is
a Class C misdemeanor, punishable by a fine of at least $250
in addition to any other penalty that may be imposed.
LRB9000507NTsb
LRB9000507NTsb
1 AN ACT concerning motor vehicles, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by
5 adding Section 11-1412.2 as follows:
6 (625 ILCS 5/11-1412.2 new)
7 Sec. 11-1412.2. Driving upon levee.
8 (a) No person shall drive a motor vehicle on any part of
9 a levee in this State, except for levee roadways designed
10 specifically for vehicular traffic.
11 (b) For purposes of this Section, "levee" means any
12 manmade or natural embankment designed or intended to prevent
13 flooding.
14 (c) Any person who is convicted of a violation of this
15 Section shall be guilty of a Class C misdemeanor, punishable
16 by a fine of at least $250 in addition to any other penalty
17 that may be imposed.
18 Section 10. The Snowmobile Registration and Safety Act
19 is amended by changing Sections 5-1 and 10-1 as follows:
20 (625 ILCS 40/5-1) (from Ch. 95 1/2, par. 605-1)
21 Sec. 5-1. Operation Generally. It is unlawful for any
22 person to drive or operate any snowmobile in the following
23 ways:
24 A. At a rate of speed too fast for conditions and the
25 fact that the speed of the snowmobile does not exceed the
26 applicable maximum speed limit allowed does not relieve the
27 driver from the duty to decrease speed as may be necessary to
28 avoid colliding with any person or vehicle or object within
29 legal requirements and the duty of all persons to use due
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1 care.
2 B. In a careless, reckless, or negligent manner.
3 C. (Blank)
4 D. At any time without at least one lighted headlamp and
5 one lighted tail lamp on the snowmobile.
6 E. Within any nature preserve.
7 F. On the tracks or right of way of an operating
8 railroad.
9 G. In any tree nursery or planting in a manner which
10 damages or destroys growing stock, or creates a substantial
11 risk thereto.
12 H. On private property, without the written or verbal
13 consent of the owner or lessee thereof. Any person operating
14 a snowmobile upon lands of another shall stop and identify
15 himself upon the request of the landowner or his duly
16 authorized representative, and, if requested to do so by the
17 landowner shall promptly remove the snowmobile from the
18 premises.
19 I. Notwithstanding any other law to the contrary, an
20 owner, lessee, or occupant of premises owes no duty of care
21 to keep the premises safe for entry or use by others for
22 snowmobiling, or to give warning of any condition, use,
23 structure or activity on such premises. This subsection does
24 not apply where permission to snowmobile is given for a
25 valuable consideration other than to this State, any
26 political subdivision or municipality thereof, or any
27 landowner who is paid with funds from the Snowmobile Trail
28 Establishment Fund. In the case of land leased to the State
29 or a subdivision thereof, any consideration received is not
30 valuable consideration within the meaning of this section.
31 Nothing in this section limits in any way liability which
32 otherwise exists for willful or malicious failure to guard or
33 warn against a dangerous condition, use, structure, or
34 activity.
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1 J. Notwithstanding any other law to the contrary, an
2 owner, lessee or occupant of premises who gives permission to
3 another to snowmobile upon such premises does not thereby
4 extend any assurance that the premises are safe for such
5 purpose, or assume responsibility for or incur liability for
6 any injury to person or property caused by any act or
7 omission of persons to whom the permission to snowmobile is
8 granted. This subsection shall not apply where permission to
9 snowmobile is given for a valuable consideration other than
10 to this State, any political subdivision or municipality
11 thereof, or any landowner who is paid with funds from the
12 Snowmobile Trail Establishment Fund. In the case of land
13 leased to the State or a subdivision thereof, any
14 consideration received is not valuable consideration within
15 the meaning of this section. Nothing in this section limits
16 in any way liability which otherwise exists for willful or
17 malicious failure to guard or warn against a dangerous
18 condition, use, structure, or activity.
19 K. On the frozen surface of public waters of this State
20 within 100 feet of a person, including a skater not in or
21 upon a snowmobile; within 100 feet of a person engaged in
22 fishing, except at the minimum speed required to maintain
23 forward movement of the snowmobile; on an area which has been
24 cleared of snow for skating purposes unless the area is
25 necessary for access to the frozen waters of this State.
26 L. Within 100 feet of a dwelling between midnight and 6
27 a.m. at a speed greater than the minimum required to maintain
28 forward movement of the snowmobile. This provision would not
29 apply on private property where verbal or written consent of
30 the owner or lessee has been granted to snowmobile upon such
31 private property or frozen waters of this State.
32 M. Notwithstanding any other law to the contrary, any
33 owner, lessee or occupant of premises or any person or
34 association who, with the permission of the owner of the
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1 premises, places, maintains or displays a sign, signal,
2 marking or device to give warning of any unsafe condition on
3 the premises for snowmobiling shall not be liable for any
4 personal injuries allegedly caused by his or her acts or
5 omissions in providing such warning unless the alleged
6 misconduct was willful or malicious. This subsection shall
7 not apply where the owner, occupant or lessee of the premises
8 grants express permission for snowmobiling in exchange for
9 valuable consideration. However, this subsection will apply
10 where such consideration is given to such owner, occupant or
11 lessee by the State or one of its political subdivisions.
12 N. Notwithstanding any other law or Section of this Act
13 to the contrary, the State and any political subdivision or
14 municipality thereof owes no duty of care to keep the
15 premises safe for entry or use by others for snowmobiling or
16 to guard against or give warnings of any condition, use,
17 structure or activity on property in which the State and any
18 political subdivision or municipality thereof has any
19 interest.
20 O. On any part of a levee in this State, except for
21 levee roadways designed specifically for vehicular traffic.
22 For purposes of this Section, levee means any manmade or
23 natural embankment designed or intended to prevent flooding.
24 (Source: P.A. 89-55, eff. 1-1-96.)
25 (625 ILCS 40/10-1) (from Ch. 95 1/2, par. 610-1)
26 Sec. 10-1. Violations.
27 (a) Except as otherwise provided in this Act, a person
28 who violates any of the provisions of this Act is guilty of a
29 Class C misdemeanor.
30 (b) A person who violates subsection (B) of Section 5-1
31 of this Act is guilty of a Class B misdemeanor.
32 (c) A person who violates Section 2-4 or Section 5-7.3
33 of this Act is guilty of a Class A misdemeanor.
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1 (d) A person who violates subdivision O of Section 5-1
2 of this Act is guilty of a Class C misdemeanor and shall be
3 fined at least $250 in addition to any other penalty that may
4 be imposed.
5 (Source: P.A. 89-55, eff. 1-1-96.)