625 ILCS 5/ Illinois Vehicle Code.

(625 ILCS 5/11‑1426.1)

Sec. 11‑1426.1. Operation of non‑highway 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.

(b) Except as otherwise provided in this Section, it is unlawful for any person to drive or operate a non‑highway vehicle upon any street, highway, or roadway in this State. If the operation of a non‑highway vehicle is authorized under subsection (d), the non‑highway 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 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 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 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 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 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 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 vehicles may safely travel on or cross the roadway. Upon determining that non‑highway 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 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 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 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 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 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. 95‑150, 8‑14‑07; 95‑414, eff. 8‑24‑07; 95‑575, eff. 8‑31‑07; 95‑876, eff. 8‑21‑08; 96‑279, eff. 1‑1‑10.)

(625 ILCS 5/11‑1426.2)

Sec. 11‑1426.2. Operation of low‑speed vehicles on streets.

(a) Except as otherwise provided in this Section, it is lawful for any person to drive or operate a low‑speed vehicle upon any street in this State where the posted speed limit is 30 miles per hour or less.

(b) Low‑speed vehicles may cross a street at an intersection where the street being crossed has a posted speed limit of not more than 45 miles per hour. Low‑speed vehicles may not cross a street with a speed limit in excess of 45 miles per hour unless the crossing is at an intersection controlled by a traffic light or 4‑way stop sign.

(c) The Department of Transportation or a municipality, township, county, or other unit of local government may prohibit, by regulation, ordinance, or resolution, the operation of low‑speed vehicles on streets under its jurisdiction if the Department of Transportation or unit of local government determines that the public safety would be jeopardized.

(d) Before prohibiting the operation of low‑speed vehicles on a street, the Department of Transportation or unit of local government must consider the volume, speed, and character of traffic on the street and determine whether allowing low‑speed vehicles to operate on that street would jeopardize public safety. Upon determining that low‑speed vehicles may not safely operate on a street, and upon the adoption of an ordinance or resolution by a unit of local government, or regulation by the Department of Transportation, appropriate signs shall be posted in conformance with the State Manual on Uniform Traffic Control Devices adopted pursuant to Section 11‑301 of this Code.

(e) If a street is under the jurisdiction of more than one unit of local government, or under the jurisdiction of the Department of Transportation and one or more units of local government, low‑speed vehicles may be operated on the street unless each unit of local government and the Department of Transportation agree and take action to prohibit such operation as provided in this Section.

(f) No low‑speed vehicle may be operated on any street 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 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 street, a low‑speed vehicle shall have its headlight and tail lamps lighted as required by Section 12‑201 of this Code. The low‑speed vehicle shall also have signs or decals permanently and conspicuously affixed to the rear of the vehicle and the dashboard of the vehicle stating "This Vehicle May Not Be Operated on Streets With Speed Limits in Excess of 30 m.p.h." The lettering of the sign or decal on the rear of the vehicle shall be not less than 2 inches in height. The lettering on the sign or decal on the dashboard shall be not less than one‑half inch in height.

(g) A person may not operate a low‑speed vehicle upon any street in this State unless he or she has a valid driver's license issued in his or her name by the Secretary of State or a foreign jurisdiction.

(h) The operation of a low‑speed vehicle upon any street is subject to the provisions of Chapter 11 of this Code concerning the Rules of the Road, and applicable local ordinances.

(i) Every owner of a low‑speed vehicle is subject to the mandatory insurance requirements specified in Article VI of Chapter 7 of this Code.

(j) Any person engaged in the retail sale of low‑speed vehicles are required to comply with the motor vehicle dealer licensing, registration, and bonding laws of this State, as specified in Sections 5‑101 and 5‑102 of this Code.

(Source: P.A. 96‑653, eff. 1‑1‑10.)

(625 ILCS 5/11‑1427)

Sec. 11‑1427. Illegal operation of an all‑terrain vehicle or off‑highway motorcycle. It is unlawful for any person to drive or operate any all‑terrain vehicle or off‑highway motorcycle in the following ways:

(a) Careless Operation. No person shall operate any all‑terrain vehicle or off‑highway motorcycle in a careless or heedless manner so as to be grossly indifferent to the person or property of other persons, or at a rate of speed greater than will permit him in the exercise of reasonable care to bring the all‑terrain vehicle or off‑highway motorcycle to a stop within the assured clear distance ahead.

(b) Reckless Operation. No person shall operate any all‑terrain vehicle or off‑highway motorcycle in such a manner as to endanger the life, limb or property of any person.

(c) Within any nature preserve as defined in Section 3.11 of the Illinois Natural Areas Preservation Act.

(d) On the tracks or right of way of an operating railroad.

(e) In any tree nursery or planting in a manner which damages or destroys growing stock, or creates a substantial risk thereto.

(f) On private property, without the written or verbal consent of the owner or lessee thereof. Any person operating an all‑terrain vehicle or off‑highway motorcycle upon lands of another shall stop and identify himself upon the request of the landowner or his duly authorized representative, and, if requested to do so by the landowner shall promptly remove the all‑terrain vehicle or off‑highway motorcycle from the premises.

(g) Notwithstanding any other law to the contrary, an owner, lessee, or occupant of premises owes no duty of care to keep the premises safe for entry or use by others for use by an all‑terrain vehicle or off‑highway motorcycle, or to give warning of any condition, use, structure or activity on such premises. This subsection does not apply where permission to drive or operate an all‑terrain vehicle or off‑highway motorcycle is given for a valuable consideration other than to this State, any political subdivision or municipality of this State, or any landowner who is paid with funds from the Off‑Highway Vehicle Trails Fund. In the case of land leased to the State or a subdivision of the State, any consideration received is not valuable consideration within the meaning of this Section.

Nothing in this subsection limits in any way liability which otherwise exists for willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity.

(h) On publicly owned lands unless such lands are designated for use by all‑terrain vehicles or off‑highway motorcycles. For publicly owned lands to be designated for use by all‑terrain vehicles or off‑highway motorcycles a public hearing shall be conducted by the governmental entity that has jurisdiction over the proposed land prior to the designation.

Nothing in this subsection limits in any way liability which otherwise exists for willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity.

(h‑1) At a rate of speed too fast for conditions, and the fact that the speed of the all‑terrain vehicle or off‑highway motorcycle does not exceed the applicable maximum speed limit allowed does not relieve the driver from the duty to decrease speed as may be necessary to avoid colliding with any person, vehicle, or object within legal requirements and the duty of all persons to use due care.

(h‑2) On the frozen surface of public waters of this State within 100 feet of a person, including a skater, not in or upon an all‑terrain vehicle or off‑highway motorcycle; within 100 feet of a person engaged in fishing, except at the minimum speed required to maintain forward movement of the all‑terrain vehicle or off‑highway motorcycle; on an area which has been cleared of snow for skating purposes unless the area is necessary for access to the frozen waters of this State.

(h‑3) Within 100 feet of a dwelling between midnight and 6 a.m. at a speed greater than the minimum required to maintain forward movement of the all‑terrain vehicle or off‑highway motorcycle. This subdivision (h‑5) does not apply on private property where verbal or written consent of the owner or lessee has been granted to drive or operate an all‑terrain vehicle or off‑highway motorcycle upon the private property or frozen waters of this State.

(i) Other Prohibitions.

(1) No person, except persons permitted by law, shall operate or ride any all‑terrain vehicle or off‑highway motorcycle with any firearm in his or her possession unless he or she is in compliance with Section 2.33 of the Wildlife Code.

(2) No person shall operate any all‑terrain vehicle or off‑highway motorcycle emitting pollutants in violation of standards established pursuant to the Environmental Protection Act.

(3) No person shall deposit from an all‑terrain vehicle or off‑highway motorcycle on the snow, ice or ground surface, trash, glass, garbage, insoluble material, or other offensive matter.

(Source: P.A. 90‑14, eff. 9‑1‑97; 90‑287, eff. 1‑1‑98.)