Illinois General Assembly - Full Text of Public Act 096-0279
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Public Act 096-0279


 

Public Act 0279 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0279
 
HB2455 Enrolled LRB096 09544 AJT 19703 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Recreational Trails of Illinois Act is
amended by changing Section 15 as follows:
 
    (20 ILCS 862/15)
    Sec. 15. Off-Highway Vehicle Trails Fund.
    (a) The Off-Highway Vehicle Trails Fund is created as a
special fund in the State treasury. Money from federal, State,
and private sources may be deposited into the Fund. Fines
assessed by the Department of Natural Resources for citations
issued to off-highway vehicle operators shall be deposited into
the Fund. All interest accrued on the Fund shall be deposited
into the Fund.
    (b) All money in the Fund shall be used, subject to
appropriation, by the Department for the following purposes:
        (1) Grants for construction of off-highway vehicle
    recreational trails on county, municipal, other units of
    local government, or private lands where a recreational
    need for the construction is shown.
        (2) Grants for maintenance and construction of
    off-highway vehicle recreational trails on federal lands,
    where permitted by law.
        (3) Grants for development of off-highway vehicle
    trail-side facilities in accordance with criteria approved
    by the National Recreational Trails Advisory Committee.
        (4) Grants for acquisition of property from willing
    sellers for off-highway vehicle recreational trails when
    the objective of a trail cannot be accomplished by other
    means.
        (5) Grants for development of urban off-highway
    vehicle trail linkages near homes and workplaces.
        (6) Grants for maintenance of existing off-highway
    vehicle recreational trails, including the grooming and
    maintenance of trails across snow.
        (7) Grants for restoration of areas damaged by usage of
    off-highway vehicle recreational trails and back country
    terrain.
        (8) Grants for provision of features that facilitate
    the access and use of off-highway vehicle trails by persons
    with disabilities.
        (9) Grants for acquisition of easements for
    off-highway vehicle trails or for trail corridors.
        (10) Grants for a rider education and safety program.
        (11) Administration, enforcement, planning, and
    implementation of this Act and Section Sections 11-1426 and
    11-1427 of the Illinois Vehicle Code.
    Of the money used from the Fund for the purposes set forth
in this subsection, at least 92% shall be allocated for
motorized recreation and not more than 8% shall be used by the
Department for administration, enforcement, planning, and
implementation of this Act or diverted from the Fund,
notwithstanding any other law to the contrary adopted after the
effective date of this amendatory Act of the 95th General
Assembly. The Department shall establish, by rule, measures to
verify that recipients of money from the Fund comply with the
specified conditions for the use of the money.
    (c) The Department may not use the money from the Fund for
the following purposes:
        (1) Condemnation of any kind of interest in property.
        (2) Construction of any recreational trail on National
    Forest System land for motorized uses unless those lands
    have been allocated for uses other than wilderness by an
    approved forest land and resource management plan or have
    been released to uses other than wilderness by an Act of
    Congress, and the construction is otherwise consistent
    with the management direction in the approved land and
    resource management plan.
        (3) Construction of motorized recreational trails on
    Department owned or managed land.
    (d) The Department shall establish a program to administer
grants from the Fund to units of local government,
not-for-profit organizations, and other groups to operate,
maintain, and acquire land for off-highway vehicle parks that
are open and accessible to the public.
(Source: P.A. 95-670, eff. 10-11-07.)
 
    Section 10. The Illinois Vehicle Code is amended by
changing Sections 11-1426.1, 11-1427.2, and 11-1427.3 and by
adding Sections 1-123.9 and 1-148.3m as follows:
 
    (625 ILCS 5/1-123.9 new)
    Sec. 1-123.9. Golf cart. A vehicle specifically designed
and intended for the purposes of transporting one or more
persons and their golf clubs or maintenance equipment while
engaged in the playing of golf, supervising the play of golf,
or maintaining the condition of the grounds on a public or
private golf course.
 
    (625 ILCS 5/1-148.3m new)
    Sec. 1-148.3m. Neighborhood vehicle. A self-propelled,
electric-powered, four-wheeled motor vehicle (or a
self-propelled, gasoline-powered, four-wheeled motor vehicle
with an engine displacement under 1,200 cubic centimeters) that
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.
 
    (625 ILCS 5/11-1426.1)
    Sec. 11-1426.1. Operation of non-highway neighborhood
vehicles on streets, roads, and highways.
    (a) As used in this Section, "non-highway vehicle" means a
motor vehicle not specifically designed to be used on a public
highway, including:
        (1) an all-terrain vehicle, as defined by Section
    1-101.8 of this Code;
        (2) a golf cart, as defined by Section 1-123.9;
        (3) a neighborhood vehicle, as defined by Section
    1-148.3m; and
        (4) an off-highway motorcycle, as defined by Section
    1-153.1.
"neighborhood 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 non-highway
neighborhood vehicle upon any street, highway, or roadway in
this State. If the operation of a non-highway neighborhood
vehicle is authorized under subsection (d), the non-highway
neighborhood 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 non-highway neighborhood
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 non-highway neighborhood
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) Except as otherwise provided in subsection (c-5), no
person operating a non-highway neighborhood 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.
    (c-5) A person may make a direct crossing at an
intersection controlled by a traffic light or 4-way stop sign
upon or across a highway under the jurisdiction of the State if
the speed limit on the highway is 35 miles per hour or less at
the place of crossing.
    (d) A municipality, township, county, or other unit of
local government may authorize, by ordinance or resolution, the
operation of non-highway neighborhood 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 non-highway
neighborhood vehicles on the roadways under its jurisdiction if
the Department determines that the public safety will not be
jeopardized.
    Before permitting the operation of non-highway
neighborhood 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 non-highway
neighborhood vehicles may safely travel on or cross the
roadway. Upon determining that non-highway neighborhood
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, non-highway neighborhood vehicles may not
be operated on the roadway unless each unit of government
agrees and takes action as provided in this subsection.
    (e) No non-highway neighborhood 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 non-highway neighborhood
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
non-highway neighborhood 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 non-highway neighborhood vehicle on a roadway while under the
influence is subject to Sections 11-500 through 11-502 of this
Code.
    (g) Any person who operates a non-highway vehicle on a
street, highway, or roadway shall be subject to the mandatory
insurance requirements under Article VI of Chapter 7 of this
Code.
(Source: P.A. 94-298, eff. 1-1-06; 95-150, 8-14-07; 95-414,
eff. 8-24-07; 95-575, eff. 8-31-07; 95-876, eff. 8-21-08.)
 
    (625 ILCS 5/11-1427.2)
    Sec. 11-1427.2. Special all-terrain vehicle or off-highway
motorcycle event. Nothing contained in Section 11-1426,
11-1427, or 11-1427.1 shall be construed to prohibit any local
authority of this State from designating a special all-terrain
vehicle or off-highway motorcycle event. In such case the
provisions of Sections 11-1426, 11-1427, and 11-1427.1 shall
not apply to areas or highways under the jurisdiction of that
local authority.
(Source: P.A. 90-287, eff. 1-1-98.)
 
    (625 ILCS 5/11-1427.3)
    Sec. 11-1427.3. Rules for all-terrain vehicles and
off-highway motorcycles. The Department of Natural Resources
may adopt rules to implement and administer the provisions of
Sections 11-1426, 11-1427, 11-1427.1, and 11-1427.2.
(Source: P.A. 94-47, eff. 1-1-06.)
 
    (625 ILCS 5/11-1426 rep.)
    (625 ILCS 5/11-1428 rep.)
    Section 15. The Illinois Vehicle Code is amended by
repealing Sections 11-1426 and 11-1428.

Effective Date: 1/1/2010