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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) No 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. No person operating a non-highway
15vehicle shall make a direct crossing upon or across any other
16highway under the jurisdiction of the State except at an
17intersection of the highway with another public street, road,
18or highway.
19    (c-5) (Blank). A person may make a direct crossing at an
20intersection controlled by a traffic light or 4-way stop sign
21upon or across a highway under the jurisdiction of the State if
22the speed limit on the highway is 35 miles per hour or less at
23the place of crossing.
24    (d) A municipality, township, county, or other unit of
25local government may authorize, by ordinance or resolution, the
26operation of non-highway vehicles on roadways under its

 

 

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

 

 

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1required of other vehicles in Section 12-709 of this Code) on
2the rear of the non-highway vehicle, a headlight that emits a
3white light visible from a distance of 500 feet to the front, a
4tail lamp that emits a red light visible from at least 100 feet
5from the rear, brake lights, and turn signals. When operated on
6a roadway, a non-highway vehicle shall have its headlight and
7tail lamps lighted as required by Section 12-201 of this Code.
8    (f) A person who drives or is in actual physical control of
9a non-highway vehicle on a roadway while under the influence is
10subject to Sections 11-500 through 11-502 of this Code.
11    (g) Any person who operates a non-highway vehicle on a
12street, highway, or roadway shall be subject to the mandatory
13insurance requirements under Article VI of Chapter 7 of this
14Code.
15    (h) It shall not be unlawful for any person to drive or
16operate a non-highway vehicle, as defined in paragraphs (1) and
17(4) of subsection (a) of this Section, on a county roadway or
18township roadway for the purpose of conducting farming
19operations to and from the home, farm, farm buildings, and any
20adjacent or nearby farm land.
21    Non-highway vehicles, as used in this subsection (h), shall
22not be subject to subsections (e) and (g) of this Section.
23However, if the non-highway vehicle, as used in this Section,
24is not covered under a motor vehicle insurance policy pursuant
25to subsection (g) of this Section, the vehicle must be covered
26under a farm, home, or non-highway vehicle insurance policy

 

 

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1issued with coverage amounts no less than the minimum amounts
2set for bodily injury or death and for destruction of property
3under Section 7-203 of this Code. Non-highway vehicles operated
4on a county or township roadway at any time between one-half
5hour before sunset and one-half hour after sunrise must be
6equipped with head lamps and tail lamps, and the head lamps and
7tail lamps must be lighted.
8    Non-highway vehicles, as used in this subsection (h), shall
9not make a direct crossing upon or across any tollroad,
10interstate highway, or controlled access highway in this State.
11    Non-highway vehicles, as used in this subsection (h), shall
12be allowed to cross a State highway, municipal street, county
13highway, or road district highway if the operator of the
14non-highway vehicle makes a direct crossing provided:
15        (1) the crossing is made at an angle of approximately
16    90 degrees to the direction of the street, road or highway
17    and at a place where no obstruction prevents a quick and
18    safe crossing;
19        (2) the non-highway vehicle is brought to a complete
20    stop before attempting a crossing;
21        (3) the operator of the non-highway vehicle yields the
22    right of way to all pedestrian and vehicular traffic which
23    constitutes a hazard; and
24        (4) that when crossing a divided highway, the crossing
25    is made only at an intersection of the highway with another
26    public street, road, or highway.

 

 

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1    (i) No action taken by a unit of local government under
2this Section designates the operation of a non-highway vehicle
3as an intended or permitted use of property with respect to
4Section 3-102 of the Local Governmental and Governmental
5Employees Tort Immunity Act.
6(Source: P.A. 96-279, eff. 1-1-10; 96-1434, eff. 8-11-10;
797-144, eff. 7-14-11.)
 
8    Section 10. The Boat Registration and Safety Act is amended
9by changing Section 4-1 as follows:
 
10    (625 ILCS 45/4-1)  (from Ch. 95 1/2, par. 314-1)
11    Sec. 4-1. Personal flotation devices.
12    A. No person may operate a watercraft unless at least one
13U.S. Coast Guard approved PFD of the following types or their
14equivalent is on board for each person: Type I, Type II or Type
15III.
16    B. No person may operate a personal watercraft or specialty
17prop-craft unless each person aboard is wearing a Type I, Type
18II, Type III or Type V PFD approved by the United States Coast
19Guard.
20    C. No person may operate a watercraft 16 feet or more in
21length, except a canoe or kayak, unless at least one Type IV
22U.S. Coast Guard approved PFD or its equivalent is on board in
23addition to the PFD's required in paragraph A of this Section.
24    D. A U.S. Coast Guard approved Type V personal flotation

 

 

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1device may be carried in lieu of the Type I, II, III or IV
2personal flotation device required in this Section, if the Type
3V personal flotation device is approved for the activity in
4which it is being used.
5    E. When assisting a person on waterskis, aquaplane or
6similar device, there must be one U.S. Coast Guard approved PFD
7on board the watercraft for each person being assisted or towed
8or worn by the person being assisted or towed.
9    F. No person may operate a watercraft unless each device
10required by this Section is:
11        1. Readily accessible;
12        2. In serviceable condition;
13        3. Of the appropriate size for the person for whom it
14    is intended; and
15        4. Legibly marked with the U.S. Coast Guard approval
16    number.
17    G. Approved personal flotation devices are defined as
18follows:
19        Type I - A Type I personal flotation device is an
20    approved device designed to turn an unconscious person in
21    the water from a face downward position to a vertical or
22    slightly backward position and to have more than 20 pounds
23    of buoyancy.
24        Type II - A Type II personal flotation device is an
25    approved device designed to turn an unconscious person in
26    the water from a face downward position to a vertical or

 

 

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1    slightly backward position and to have at least 15 1/2
2    pounds of buoyancy.
3        Type III - A Type III personal flotation device is an
4    approved device designed to keep a conscious person in a
5    vertical or slightly backward position and to have at least
6    15 1/2 pounds of buoyancy.
7        Type IV - A Type IV personal flotation device is an
8    approved device designed to be thrown to a person in the
9    water and not worn. It is designed to have at least 16 1/2
10    pounds of buoyancy.
11        Type V - A Type V personal flotation device is an
12    approved device for restricted use and is acceptable only
13    when used in the activity for which it is approved.
14    H. The provisions of subsections A through G of this
15Section shall not apply to sailboards.
16    I. No person may operate a watercraft under 26 feet in
17length unless a Type I, Type II, Type III, or Type V personal
18flotation device is being properly worn by each person under
19the age of 13 on board the watercraft at all times in which the
20watercraft is underway; however, this requirement shall not
21apply to persons who are below decks or in totally enclosed
22cabin spaces. The provisions of this subsection I shall not
23apply to a person operating a watercraft on private property.
24    J. Racing shells, rowing sculls, racing canoes, and racing
25kayaks are exempt from the PFD, of any type, carriage
26requirements under this Section provided that the racing shell,

 

 

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1racing scull, racing canoe, or racing kayak is participating in
2an event sanctioned by the Department as a PFD optional event.
3The Department may adopt rules to implement this subsection.
4(Source: P.A. 97-801, eff. 1-1-13.)