Public Act 0575 95TH GENERAL ASSEMBLY

HB1499 Enrolled LRB095 09870 MJR 31872 b

Public Act 095-0575

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by changing Sections 11-1426 and 11-1426.1 as follows:

(625 ILCS 5/11-1426) (from Ch. 95 1/2, par. 11-1426)

Sec. 11-1426. Operation of all-terrain vehicles and off-highway motorcycles on streets, roads and highways.

(a) Except as provided under this Section, it shall be unlawful for any person to drive or operate any all-terrain vehicle or off-highway motorcycle upon any street, highway or roadway in this State.

(a-1) It shall not be unlawful for any person to drive or operate any all-terrain vehicle upon any county roadway or township roadway for the purpose of conducting farming operations to and from the home, farm, farm buildings, and any adjacent or nearby farm land. An all-terrain vehicle that is operated on a county or township roadway at any time between one-half hour before sunset and one-half hour after sunrise must be equipped with head lamps and tail lamps, and the head lamps and tail lamps must be lighted.

(b) Except as provided under subsection (c) of this Section, all-terrain vehicles and off-highway motorcycles may make a direct crossing provided:

(1) The crossing is made at an angle of approximately 90 degrees to the direction of the street, road or highway and at a place where no obstruction prevents a quick and safe crossing; and

(2) The all-terrain vehicle or off-highway motorcycle is brought to a complete stop before attempting a crossing; and

(3) The operator of the all-terrain vehicle or off-highway motorcycle yields the right of way to all pedestrian and vehicular traffic which constitutes a hazard; and

(4) That when crossing a divided highway, the crossing is made only at an intersection of the highway with another public street, road, or highway; and

(5) That when accessing township roadways in counties which contain a tract of the Shawnee National Forest, the accessing complies with rules promulgated by the Department of Natural Resources to govern the accessing.

(c) No person operating an all-terrain vehicle or off-highway motorcycle shall make a direct crossing upon or across any tollroad, interstate highway, or controlled access highway in this State.

(d) The corporate authorities of a county, road district, township, city, village, or incorporated town may adopt ordinances or resolutions allowing all-terrain vehicles and off-highway motorcycles to be operated on roadways under their jurisdiction, designated by signs as may be prescribed by the Department, 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 an all-terrain vehicle or off-highway motorcycle is to be operated. The crossing shall be made in the same direction as traffic.

(e) The corporate authorities of a county, road district, township, city, village, or incorporated town may adopt ordinances or resolutions designating one or more specific public highways or streets under their jurisdiction as egress and ingress routes for the use of all-terrain vehicles and off-highway motorcycles. Operation of all-terrain vehicles and off-highway motorcycles on the routes shall be in the same direction as traffic. Corporate authorities acting under the authority of this subsection (e) shall erect and maintain signs, as may be prescribed by the Department, giving proper notice of the designation.

(Source: P.A. 89-445, eff. 2-7-96; 90-287, eff. 1-1-98.)

(625 ILCS 5/11-1426.1)

Sec. 11-1426.1. Operation of neighborhood electric vehicles on streets, roads, and highways.

(a) As used in this Section, "neighborhood electric vehicle" means a self-propelled, electronically powered four-wheeled motor vehicle (or a self-propelled, gasoline-powered four-wheeled motor vehicle with an engine displacement under 1,200 cubic centimeters) which is capable of attaining in one mile a speed of more than 20 miles per hour, but not more than 25 miles per hour, and which conforms to federal regulations under Title 49 C.F.R. Part 571.500.

(b) Except as otherwise provided in this Section, it is unlawful for any person to drive or operate a neighborhood electric vehicle upon any street, highway, or roadway in this State. If the operation of a neighborhood electric vehicle is authorized under subsection (d), the neighborhood electric vehicle may be operated only on streets where the posted speed limit is 35 miles per hour or less. This subsection (b) does not prohibit a neighborhood electric vehicle from crossing a road or street at an intersection where the road or street has a posted speed limit of more than 35 miles per hour.

(b-5) A person may not operate a neighborhood electric vehicle upon any street, highway, or roadway in this State unless he or she has a valid Illinois driver's license issued in his or her name by the Secretary of State.

(c) No person operating a neighborhood electric vehicle shall make a direct crossing upon or across any highway under the jurisdiction of the State, tollroad, interstate highway, or controlled access highway in this State.

(d) A municipality, township, county, or other unit of local government may authorize, by ordinance or resolution, the operation of neighborhood electric vehicles on roadways under its jurisdiction if the unit of local government determines that the public safety will not be jeopardized. The Department may authorize the operation of neighborhood electric vehicles on the roadways under its jurisdiction if the Department determines that the public safety will not be jeopardized.

Before permitting the operation of neighborhood electric vehicles on its roadways, a municipality, township, county, other unit of local government, or the Department must consider the volume, speed, and character of traffic on the roadway and determine whether neighborhood electric vehicles may safely travel on or cross the roadway. Upon determining that neighborhood electric vehicles may safely operate on a roadway and the adoption of an ordinance or resolution by a municipality, township, county, or other unit of local government, or authorization by the Department, appropriate signs shall be posted.

If a roadway is under the jurisdiction of more than one unit of government, neighborhood electric vehicles may not be operated on the roadway unless each unit of government agrees and takes action as provided in this subsection.

(e) No neighborhood electric vehicle may be operated on a roadway unless, at a minimum, it has the following: brakes, a steering apparatus, tires, a rearview mirror, red reflectorized warning devices in the front and rear, a slow moving emblem (as required of other vehicles in Section 12-709 of this Code) on the rear of the neighborhood electric vehicle, a headlight that emits a white light visible from a distance of 500 feet to the front, a tail lamp that emits a red light visible from at least 100 feet from the rear, brake lights, and turn signals. When operated on a roadway, a neighborhood electric vehicle shall have its headlight and tail lamps lighted as required by Section 12-201 of this Code.

(f) A person who drives or is in actual physical control of a neighborhood electric vehicle on a roadway while under the influence is subject to Sections 11-500 through 11-502 of this Code.

(Source: P.A. 94-298, eff. 1-1-06.)

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

Effective Date: 8/31/2007