97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5144

 

Introduced 2/8/2012, by Rep. Jim Sacia

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-1426.1

    Amends the Illinois Vehicle Code. Provides that it shall not be unlawful for any person to drive or operate certain non-highway vehicles on a county roadway or township roadway for the purpose of removing snow or ice from a roadway by plowing, sanding, or salting. Provides that the mechanical equipment and mandatory insurance requirements that generally apply to non-highway vehicles when operated on a roadway do not apply to certain non-highway vehicles used for snow removal. Provides that if non-highway vehicles used for snow removal on a roadway are not covered under a motor vehicle insurance policy, the vehicles must be covered under a farm, home, or non-highway vehicle insurance policy. Provides that the non-highway vehicles used for snow removal 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. Provides that certain non-highway vehicles used for snow removal may not cross a toll road, interstate highway, or controlled access highway but may cross a State highway, municipal street, county highway, or road district highway if specified conditions are followed by the operator. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 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
17        (4) a recreational off-highway vehicle, as defined by
18    Section 1-168.8.
19    (b) Except as otherwise provided in this Section, it is
20unlawful for any person to drive or operate a non-highway
21vehicle upon any street, highway, or roadway in this State. If
22the operation of a non-highway vehicle is authorized under
23subsection (d), the non-highway vehicle may be operated only on

 

 

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1streets where the posted speed limit is 35 miles per hour or
2less. This subsection (b) does not prohibit a non-highway
3vehicle from crossing a road or street at an intersection where
4the road or street has a posted speed limit of more than 35
5miles per hour.
6    (b-5) A person may not operate a non-highway vehicle upon
7any street, highway, or roadway in this State unless he or she
8has a valid driver's license issued in his or her name by the
9Secretary of State or by a foreign jurisdiction.
10    (c) Except as otherwise provided in subsection (c-5), no
11person operating a non-highway vehicle shall make a direct
12crossing upon or across any highway under the jurisdiction of
13the State, tollroad, interstate highway, or controlled access
14highway in this State.
15    (c-5) A person may make a direct crossing at an
16intersection controlled by a traffic light or 4-way stop sign
17upon or across a highway under the jurisdiction of the State if
18the speed limit on the highway is 35 miles per hour or less at
19the place of crossing.
20    (d) A municipality, township, county, or other unit of
21local government may authorize, by ordinance or resolution, the
22operation of non-highway vehicles on roadways under its
23jurisdiction if the unit of local government determines that
24the public safety will not be jeopardized. The Department may
25authorize the operation of non-highway vehicles on the roadways
26under its jurisdiction if the Department determines that the

 

 

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1public safety will not be jeopardized. The unit of local
2government or the Department may restrict the types of
3non-highway vehicles that are authorized to be used on its
4streets.
5    Before permitting the operation of non-highway vehicles on
6its roadways, a municipality, township, county, other unit of
7local government, or the Department must consider the volume,
8speed, and character of traffic on the roadway and determine
9whether non-highway vehicles may safely travel on or cross the
10roadway. Upon determining that non-highway vehicles may safely
11operate on a roadway and the adoption of an ordinance or
12resolution by a municipality, township, county, or other unit
13of local government, or authorization by the Department,
14appropriate signs shall be posted.
15    If a roadway is under the jurisdiction of more than one
16unit of government, non-highway vehicles may not be operated on
17the roadway unless each unit of government agrees and takes
18action as provided in this subsection.
19    (e) No non-highway vehicle may be operated on a roadway
20unless, at a minimum, it has the following: brakes, a steering
21apparatus, tires, a rearview mirror, red reflectorized warning
22devices in the front and rear, a slow moving emblem (as
23required of other vehicles in Section 12-709 of this Code) on
24the rear of the non-highway vehicle, a headlight that emits a
25white light visible from a distance of 500 feet to the front, a
26tail lamp that emits a red light visible from at least 100 feet

 

 

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1from the rear, brake lights, and turn signals. When operated on
2a roadway, a non-highway vehicle shall have its headlight and
3tail lamps lighted as required by Section 12-201 of this Code.
4    (f) A person who drives or is in actual physical control of
5a non-highway vehicle on a roadway while under the influence is
6subject to Sections 11-500 through 11-502 of this Code.
7    (g) Any person who operates a non-highway vehicle on a
8street, highway, or roadway shall be subject to the mandatory
9insurance requirements under Article VI of Chapter 7 of this
10Code.
11    (h) It shall not be unlawful for any person to drive or
12operate a non-highway vehicle, as defined in paragraphs (1) and
13(4) of subsection (a) of this Section, on a county roadway or
14township roadway for the purpose of conducting farming
15operations to and from the home, farm, farm buildings, and any
16adjacent or nearby farm land.
17    Non-highway vehicles, as used in this subsection (h), shall
18not be subject to subsections (e) and (g) of this Section.
19However, if the non-highway vehicle, as used in this Section,
20is not covered under a motor vehicle insurance policy pursuant
21to subsection (g) of this Section, the vehicle must be covered
22under a farm, home, or non-highway vehicle insurance policy
23issued with coverage amounts no less than the minimum amounts
24set for bodily injury or death and for destruction of property
25under Section 7-203 of this Code. Non-highway vehicles operated
26on a county or township roadway at any time between one-half

 

 

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1hour before sunset and one-half hour after sunrise must be
2equipped with head lamps and tail lamps, and the head lamps and
3tail lamps must be lighted.
4    Non-highway vehicles, as used in this subsection (h), shall
5not make a direct crossing upon or across any tollroad,
6interstate highway, or controlled access highway in this State.
7    Non-highway vehicles, as used in this subsection (h), shall
8be allowed to cross a State highway, municipal street, county
9highway, or road district highway if the operator of the
10non-highway vehicle makes a direct crossing provided:
11        (1) the crossing is made at an angle of approximately
12    90 degrees to the direction of the street, road or highway
13    and at a place where no obstruction prevents a quick and
14    safe crossing;
15        (2) the non-highway vehicle is brought to a complete
16    stop before attempting a crossing;
17        (3) the operator of the non-highway vehicle yields the
18    right of way to all pedestrian and vehicular traffic which
19    constitutes a hazard; and
20        (4) that when crossing a divided highway, the crossing
21    is made only at an intersection of the highway with another
22    public street, road, or highway.
23    (h-5) It shall not be unlawful for any person to drive or
24operate a non-highway vehicle, as defined in paragraphs (1) and
25(4) of subsection (a) of this Section, on a county roadway or
26township roadway for the purpose of removing snow or ice from a

 

 

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1roadway by plowing, sanding, or salting.
2    Non-highway vehicles, as used in this subsection (h-5),
3shall not be subject to subsections (e) and (g) of this
4Section. However, if the non-highway vehicle is not covered
5under a motor vehicle insurance policy pursuant to subsection
6(g) of this Section, the vehicle must be covered under a farm,
7home, or non-highway vehicle insurance policy issued with
8coverage amounts no less than the minimum amounts set for
9bodily injury or death and for destruction of property under
10Section 7-203 of this Code. Non-highway vehicles operated on a
11county or township roadway at any time between one-half hour
12before sunset and one-half hour after sunrise must be equipped
13with head lamps and tail lamps, and the head lamps and tail
14lamps must be lighted.
15    Non-highway vehicles as used in this subsection (h-5) shall
16not make a direct crossing upon or across any tollroad,
17interstate highway, or controlled access highway in this State.
18    Non-highway vehicles as used in this subsection (h-5) shall
19be allowed to cross a State highway, municipal street, county
20highway, or road district highway if the operator of the
21non-highway vehicle makes a direct crossing provided:
22        (1) the crossing is made at an angle of approximately
23    90 degrees to the direction of the street, road, or highway
24    and at a place where no obstruction prevents a quick and
25    safe crossing;
26        (2) the non-highway vehicle is brought to a complete

 

 

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1    stop before attempting a crossing;
2        (3) the operator of the non-highway vehicle yields the
3    right of way to all pedestrian and vehicular traffic which
4    constitutes a hazard; and
5        (4) that when crossing a divided highway, the crossing
6    is made only at an intersection of the highway with another
7    public street, road, or highway.
8    (i) No action taken by a unit of local government under
9this Section designates the operation of a non-highway vehicle
10as an intended or permitted use of property with respect to
11Section 3-102 of the Local Governmental and Governmental
12Employees Tort Immunity Act.
13(Source: P.A. 96-279, eff. 1-1-10; 96-1434, eff. 8-11-10;
1497-144, eff. 7-14-11.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.