Sen. Karen McConnaughay

Filed: 3/13/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1530

2    AMENDMENT NO. ______. Amend Senate Bill 1530 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) No 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. No person operating a non-highway
22vehicle shall make a direct crossing upon or across any other
23highway under the jurisdiction of the State except at an
24intersection of the highway with another public street, road,
25or highway.
26    (c-5) (Blank). A person may make a direct crossing at an

 

 

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1intersection controlled by a traffic light or 4-way stop sign
2upon or across a highway under the jurisdiction of the State if
3the speed limit on the highway is 35 miles per hour or less at
4the place of crossing.
5    (d) A municipality, township, county, or other unit of
6local government may authorize, by ordinance or resolution, the
7operation of non-highway vehicles on roadways under its
8jurisdiction if the unit of local government determines that
9the public safety will not be jeopardized. The Department may
10authorize the operation of non-highway vehicles on the roadways
11under its jurisdiction if the Department determines that the
12public safety will not be jeopardized. The unit of local
13government or the Department may restrict the types of
14non-highway vehicles that are authorized to be used on its
15streets.
16    Before permitting the operation of non-highway vehicles on
17its roadways, a municipality, township, county, other unit of
18local government, or the Department must consider the volume,
19speed, and character of traffic on the roadway and determine
20whether non-highway vehicles may safely travel on or cross the
21roadway. Upon determining that non-highway vehicles may safely
22operate on a roadway and the adoption of an ordinance or
23resolution by a municipality, township, county, or other unit
24of local 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, non-highway vehicles may not be operated on
2the roadway unless each unit of government agrees and takes
3action as provided in this subsection.
4    (e) No non-highway vehicle may be operated on a roadway
5unless, at a minimum, it has the following: brakes, a steering
6apparatus, tires, a rearview mirror, red reflectorized warning
7devices in the front and rear, a slow moving emblem (as
8required of other vehicles in Section 12-709 of this Code) on
9the rear of the non-highway vehicle, a headlight that emits a
10white light visible from a distance of 500 feet to the front, a
11tail lamp that emits a red light visible from at least 100 feet
12from the rear, brake lights, and turn signals. When operated on
13a roadway, a non-highway vehicle shall have its headlight and
14tail lamps lighted as required by Section 12-201 of this Code.
15    (f) A person who drives or is in actual physical control of
16a non-highway vehicle on a roadway while under the influence is
17subject to Sections 11-500 through 11-502 of this Code.
18    (g) Any person who operates a non-highway vehicle on a
19street, highway, or roadway shall be subject to the mandatory
20insurance requirements under Article VI of Chapter 7 of this
21Code.
22    (h) It shall not be unlawful for any person to drive or
23operate a non-highway vehicle, as defined in paragraphs (1) and
24(4) of subsection (a) of this Section, on a county roadway or
25township roadway for the purpose of conducting farming
26operations to and from the home, farm, farm buildings, and any

 

 

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1adjacent or nearby farm land.
2    Non-highway vehicles, as used in this subsection (h), shall
3not be subject to subsections (e) and (g) of this Section.
4However, if the non-highway vehicle, as used in this Section,
5is not covered under a motor vehicle insurance policy pursuant
6to subsection (g) of this Section, the vehicle must be covered
7under a farm, home, or non-highway vehicle insurance policy
8issued with coverage amounts no less than the minimum amounts
9set for bodily injury or death and for destruction of property
10under Section 7-203 of this Code. Non-highway vehicles operated
11on a county or township roadway at any time between one-half
12hour before sunset and one-half hour after sunrise must be
13equipped with head lamps and tail lamps, and the head lamps and
14tail lamps must be lighted.
15    Non-highway vehicles, as used in this subsection (h), 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), 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.)".