Rep. John E. Bradley

Filed: 2/21/2012

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1986

2    AMENDMENT NO. ______. Amend House Bill 1986 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 11-1426.1 as follows:
 
6    (625 ILCS 5/11-1426.1)
7    Sec. 11-1426.1. Operation of non-highway vehicles on
8streets, roads, and highways.
9    (a) As used in this Section, "non-highway vehicle" means a
10motor vehicle not specifically designed to be used on a public
11highway, including:
12        (1) an all-terrain vehicle, as defined by Section
13    1-101.8 of this Code;
14        (2) a golf cart, as defined by Section 1-123.9;
15        (3) an off-highway motorcycle, as defined by Section
16    1-153.1; and

 

 

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1        (4) a recreational off-highway vehicle, as defined by
2    Section 1-168.8.
3    (b) Except as otherwise provided in this Section, it is
4unlawful for any person to drive or operate a non-highway
5vehicle upon any street, highway, or roadway in this State. If
6the operation of a non-highway vehicle is authorized under
7subsection (d), the non-highway vehicle may be operated only on
8streets where the posted speed limit is 35 miles per hour or
9less. This subsection (b) does not prohibit a non-highway
10vehicle from crossing a road or street at an intersection where
11the road or street has a posted speed limit of more than 35
12miles per hour.
13    (b-5) A person may not operate a non-highway vehicle upon
14any street, highway, or roadway in this State unless he or she
15has a valid driver's license issued in his or her name by the
16Secretary of State or by a foreign jurisdiction.
17    (c) Except as otherwise provided in subsection (c-5), no
18person operating a non-highway vehicle shall make a direct
19crossing upon or across any highway under the jurisdiction of
20the State, tollroad, interstate highway, or controlled access
21highway in this State.
22    (c-5) A person may make a direct crossing at an
23intersection controlled by a traffic light or 4-way stop sign
24upon or across a highway under the jurisdiction of the State if
25the speed limit on the highway is 35 miles per hour or less at
26the place of crossing, except an all-terrain vehicle or a

 

 

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1recreational off-highway vehicle authorized under subsection
2(d-5) may make a direct crossing at an intersection controlled
3by a traffic light or 4-way stop sign upon or across a highway
4under the jurisdiction of the State if the highway is a rural
5road.
6    (d) A municipality, township, county, or other unit of
7local government may authorize, by ordinance or resolution, the
8operation of non-highway vehicles on roadways under its
9jurisdiction if the unit of local government determines that
10the public safety will not be jeopardized. The Department may
11authorize the operation of non-highway vehicles on the roadways
12under its jurisdiction if the Department determines that the
13public safety will not be jeopardized. The unit of local
14government or the Department may restrict the types of
15non-highway vehicles that are authorized to be used on its
16streets.
17    Before permitting the operation of non-highway vehicles on
18its roadways, a municipality, township, county, other unit of
19local government, or the Department must consider the volume,
20speed, and character of traffic on the roadway and determine
21whether non-highway vehicles may safely travel on or cross the
22roadway. Upon determining that non-highway vehicles may safely
23operate on a roadway and the adoption of an ordinance or
24resolution by a municipality, township, county, or other unit
25of local government, or authorization by the Department,
26appropriate signs shall be posted.

 

 

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1    If a roadway is under the jurisdiction of more than one
2unit of government, non-highway vehicles may not be operated on
3the roadway unless each unit of government agrees and takes
4action as provided in this subsection.
5    (d-5) A unit of local government, including a home rule
6unit, shall authorize, by ordinance or resolution, the
7operation of all-terrain vehicles or recreational off-highway
8vehicles or both on rural roads under its jurisdiction if the
9unit of local government determines that the public safety will
10not be jeopardized. The Department shall authorize the
11operation of all-terrain vehicles or recreational off-highway
12vehicles or both on the rural roads under its jurisdiction if
13the Department determines that the public safety will not be
14jeopardized.
15    Before permitting the operation of all-terrain vehicles or
16recreational off-highway vehicles or both on its rural roads, a
17unit of local government or the Department must consider the
18volume, speed, and character of traffic on the roadway and
19determine whether all-terrain vehicles or recreational
20off-highway vehicles may safely travel on or cross the roadway.
21Upon determining that all-terrain vehicles or recreational
22off-highway vehicles or both may safely operate on a roadway
23and the adoption of an ordinance or resolution by a unit of
24local government or authorization by the Department,
25appropriate signs shall be posted.
26    If a roadway is under the jurisdiction of more than one

 

 

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1unit of government, all-terrain vehicles and recreational
2off-highway vehicles may not be operated on the roadway unless
3each unit of government agrees and takes action as provided in
4this subsection.
5    A home rule unit of government may not regulate the
6operation of all-terrain vehicles or recreational off-highway
7vehicles on rural roads in a manner more restrictive than the
8regulation by the State of the operation of all-terrain
9vehicles or recreational off-highway vehicles on rural roads
10under this Act. This subsection (d-5) is a limitation under
11subsection (i) of Section 6 of Article VII of the Illinois
12Constitution on the concurrent exercise by home rule units of
13powers and functions exercised by the State.
14    (e) No non-highway vehicle may be operated on a roadway
15unless, at a minimum, it has the following: brakes, a steering
16apparatus, tires, a rearview mirror, red reflectorized warning
17devices in the front and rear, a slow moving emblem (as
18required of other vehicles in Section 12-709 of this Code) on
19the rear of the non-highway vehicle, a headlight that emits a
20white light visible from a distance of 500 feet to the front, a
21tail lamp that emits a red light visible from at least 100 feet
22from the rear, brake lights, and turn signals. When operated on
23a roadway, a non-highway vehicle shall have its headlight and
24tail lamps lighted as required by Section 12-201 of this Code.
25    (f) A person who drives or is in actual physical control of
26a non-highway vehicle on a roadway while under the influence is

 

 

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1subject to Sections 11-500 through 11-502 of this Code.
2    (g) Any person who operates a non-highway vehicle on a
3street, highway, or roadway shall be subject to the mandatory
4insurance requirements under Article VI of Chapter 7 of this
5Code.
6    (h) It shall not be unlawful for any person to drive or
7operate a non-highway vehicle, as defined in paragraphs (1) and
8(4) of subsection (a) of this Section, on a county roadway or
9township roadway for the purpose of conducting farming
10operations to and from the home, farm, farm buildings, and any
11adjacent or nearby farm land.
12    Non-highway vehicles, as used in this subsection (h), shall
13not be subject to subsections (e) and (g) of this Section.
14However, if the non-highway vehicle, as used in this Section,
15is not covered under a motor vehicle insurance policy pursuant
16to subsection (g) of this Section, the vehicle must be covered
17under a farm, home, or non-highway vehicle insurance policy
18issued with coverage amounts no less than the minimum amounts
19set for bodily injury or death and for destruction of property
20under Section 7-203 of this Code. Non-highway vehicles operated
21on a county or township roadway at any time between one-half
22hour before sunset and one-half hour after sunrise must be
23equipped with head lamps and tail lamps, and the head lamps and
24tail lamps must be lighted.
25    Non-highway vehicles, as used in this subsection (h), shall
26not make a direct crossing upon or across any tollroad,

 

 

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1interstate highway, or controlled access highway in this State.
2    Non-highway vehicles, as used in this subsection (h), shall
3be allowed to cross a State highway, municipal street, county
4highway, or road district highway if the operator of the
5non-highway vehicle makes a direct crossing provided:
6        (1) the crossing is made at an angle of approximately
7    90 degrees to the direction of the street, road or highway
8    and at a place where no obstruction prevents a quick and
9    safe crossing;
10        (2) the non-highway vehicle is brought to a complete
11    stop before attempting a crossing;
12        (3) the operator of the non-highway vehicle yields the
13    right of way to all pedestrian and vehicular traffic which
14    constitutes a hazard; and
15        (4) that when crossing a divided highway, the crossing
16    is made only at an intersection of the highway with another
17    public street, road, or highway.
18    (i) No action taken by a unit of local government under
19this Section designates the operation of a non-highway vehicle
20as an intended or permitted use of property with respect to
21Section 3-102 of the Local Governmental and Governmental
22Employees Tort Immunity Act.
23(Source: P.A. 96-279, eff. 1-1-10; 96-1434, eff. 8-11-10;
2497-144, eff. 7-14-11.)
 
25    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.".