Illinois General Assembly - Full Text of HB3239

LRB104 07841 LNS 17887 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3239

Introduced 2/18/2025, by Rep. Tony M. McCombie

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois Vehicle Code. Sets forth provisions concerning certificates of title and registration plates for large non-highway vehicles and recreational off-highway vehicles. Requires every owner of a large non-highway vehicle or a recreational off-highway vehicle to make application to the Secretary of State for registration, or renewal of registration, at a fee of $30 every 2 years. Sets forth provisions concerning the distribution of the fees. Removes provisions requiring surcharges to be collected for each non-highway vehicle and each off-highway vehicle. Provides that the cost for a Certificate of Title for a large non-highway vehicle and recreational off-highway vehicle is $250. Provides that the cost for a Certificate of Title for a large non-highway vehicle and recreational off-highway vehicle used for production agriculture, or accepted by a dealer in trade is $125. Provides that if the operation of a utility-type vehicle is authorized, then the utility-type vehicle may be operated only during daylight hours at a maximum speed of 45 miles per hour on streets where the posted speed limit is 55 miles per hour or less. Prohibits a person from operating a utility-type vehicle upon any street, highway, or roadway in the State unless the person has a valid driver's license issued in the person's name by the Secretary of State or by a foreign jurisdiction and the person is 18 years of age. Prohibits a person operating a utility-type vehicle from making a direct crossing upon or across any tollroad, interstate highway, or controlled access highway in the State, and prohibits a person operating a utility-type vehicle from making a direct crossing upon or across any other highway under the jurisdiction of the State except at an intersection of the highway with another public street, road, or highway. Provides additional requirements for utility-type vehicles. Adds language to allow ordinances to supersede specified provisions concerning large non-highway vehicles and utility-type vehicles.

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by changing Sections 3-101, 3-412, 3-821, 11-1403.3, 11-1426.1, and 11-1427.5 and by adding Sections 1-136.1, 3-805.6, 3-805.7, 11-1426.3, and 11-1427.6 as follows:

(625 ILCS 5/1-136.1 new)

Sec. 1-136.1. Large non-highway vehicle. Any motorized off-highway device designed to travel primarily off-highway, greater than 64 inches and not more than 75 inches in width, having a manufacturer's dry weight of 3,500 pounds or less, traveling on 4 or more non-highway tires, designed with a non-straddle seat and a steering wheel for steering control, except equipment such as lawnmowers.

(625 ILCS 5/3-101) (from Ch. 95 1/2, par. 3-101)

Sec. 3-101. Certificate of title required.

(a) Except as provided in Section 3-102, every owner of a vehicle which is in this State and for which no Illinois certificate of title has been issued by the Secretary of State shall make application to the Secretary of State for an Illinois certificate of title of the vehicle. Except as provided in Section 3-102, every owner of a vehicle, excluding vehicles acquired by insurance companies through a settlement of an insurance claim or by lienholders taking title through repossession, that is in this State for which no Illinois certificate of title has been issued by the Secretary of State and every owner of a vehicle that is in the State applying for a duplicate certificate of title or a corrected certificate of title, including a dealer lien release certificate of title, must make application to the Secretary of State for an Illinois duplicate certificate of title or corrected certificate of title. A certificate of title issued to any owner of a vehicle, excluding vehicles acquired by insurance companies through a settlement of an insurance claim or by lienholders taking title through repossession, in this State showing an Illinois address for the owner that has been issued by an entity other than the Secretary of State must be converted to an Illinois title before the owner can transfer ownership of the vehicle.

Under no circumstances shall a dealer required to obtain an Illinois certificate of title pursuant to this Code be allowed to obtain an out-of-state certificate of title for purposes of a vehicle held for sale in this State by the dealer. Under no circumstances shall a dealer be allowed to obtain an out-of-state certificate of title in lieu of an Illinois-issued dealer lien release certificate of title when a dealer may have need of such title issuance. Nothing in this Section shall be construed so as to allow a dealer to acquire an out-of-state certificate of title in lieu of acquiring an Illinois certificate of title for purposes of a vehicle held for sale in this State by the dealer.

(b) Every owner of a motorcycle or motor driven cycle purchased new on and after January 1, 1980 shall make application to the Secretary of State for a certificate of title. However, if such cycle is not properly manufactured or equipped for general highway use pursuant to the provisions of this Act, it shall not be eligible for license registration, but shall be issued a distinctive certificate of title except as provided in Sections 3-102 and 3-110 of this Act.

(c) The Secretary of State shall not register or renew the registration of a vehicle unless a certificate of title has been issued by the Secretary of State to the owner or an application therefor has been delivered by the owner to the Secretary of State.

(d) Every owner of an all-terrain vehicle or off-highway motorcycle purchased on or after January 1, 1998 shall make application to the Secretary of State for a certificate of title.

(e) Every owner of a low-speed vehicle manufactured after January 1, 2010 shall make application to the Secretary of State for a certificate of title.

(f) Every owner of a large non-highway vehicle manufactured after January 1, 2010 shall make application to the Secretary of State for a certificate of title.

(g) Every owner of a recreational off-highway vehicle manufactured after January 1, 2010 shall make application to the Secretary of State for a certificate of title.

(Source: P.A. 103-891, eff. 8-9-24.)

(625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412)

Sec. 3-412. Registration plates or digital registration plates and registration stickers or digital registration stickers to be furnished by the Secretary of State.

(a) The Secretary of State upon registering a vehicle subject to annual registration for the first time shall issue or shall cause to be issued to the owner one registration plate or digital registration plate for a motorcycle, trailer, semitrailer, moped, autocycle, or truck-tractor, 2 registration plates, or a digital registration plate and metal plate as set forth in Section 3-401.5, for other motor vehicles and, where applicable, current registration stickers or digital registration stickers for motor vehicles of the first division. The provisions of this Section may be made applicable to such vehicles of the second division, as the Secretary of State may, from time to time, in his discretion designate. On subsequent annual registrations during the term of the registration plate or digital registration plate as provided in Section 3-414.1, the Secretary shall issue or cause to be issued registration stickers or digital registration stickers as evidence of current registration. However, the issuance of annual registration stickers or digital registration stickers to vehicles registered under the provisions of Sections 3-402.1 and 3-405.3 of this Code may not be required if the Secretary deems the issuance unnecessary.

(b) Every registration plate or digital registration plate shall have displayed upon it the registration number assigned to the vehicle for which it is issued, the name of this State, which may be abbreviated, the year number for which it was issued, which may be abbreviated, the phrase "Land of Lincoln" (except as otherwise provided in this Code), and such other letters or numbers as the Secretary may prescribe. However, for apportionment plates issued to vehicles registered under Section 3-402.1 and fleet plates issued to vehicles registered under Section 3-405.3, the phrase "Land of Lincoln" may be omitted to allow for the word "apportioned", the word "fleet", or other similar language to be displayed. Registration plates or digital registration plates issued to a vehicle registered as a fleet vehicle may display a designation determined by the Secretary.

The Secretary may in his discretion prescribe that letters be used as prefixes only on registration plates or digital registration plates issued to vehicles of the first division which are registered under this Code and only as suffixes on registration plates or digital registration plates issued to other vehicles. Every registration sticker or digital registration sticker issued as evidence of current registration shall designate the year number for which it is issued and such other letters or numbers as the Secretary may prescribe and shall be of a contrasting color with the registration plates or digital registration plates and registration stickers or digital registration stickers of the previous year.

(c) Each registration plate or digital registration plate and the required letters and numerals thereon, except the year number for which issued, shall be of sufficient size to be plainly readable from a distance of 100 feet during daylight, and shall be coated with reflectorizing material. The dimensions of the plate issued to vehicles of the first division shall be 6 by 12 inches.

(d) The Secretary of State shall issue for every passenger motor vehicle rented without a driver the same type of registration plates or digital registration plates as the type of plates issued for a private passenger vehicle.

(e) The Secretary of State shall issue for every passenger car used as a taxicab or livery, distinctive registration plates or digital registration plates.

(f) The Secretary of State shall issue for every motorcycle distinctive registration plates or digital registration plates distinguishing between motorcycles having 150 or more cubic centimeters piston displacement, or having less than 150 cubic centimeter piston displacement.

(g) Registration plates or digital registration plates issued to vehicles for-hire may display a designation as determined by the Secretary that such vehicles are for-hire.

(h) (Blank).

(i) The Secretary of State shall issue for every public and private ambulance registration plates or digital registration plates identifying the vehicle as an ambulance. The Secretary shall forward to the Department of Healthcare and Family Services registration information for the purpose of verification of claims filed with the Department by ambulance owners for payment for services to public assistance recipients.

(j) The Secretary of State shall issue for every public and private medical carrier or rescue vehicle livery registration plates or digital registration plates displaying numbers within ranges of numbers reserved respectively for medical carriers and rescue vehicles. The Secretary shall forward to the Department of Healthcare and Family Services registration information for the purpose of verification of claims filed with the Department by owners of medical carriers or rescue vehicles for payment for services to public assistance recipients.

(k) The Secretary of State shall issue distinctive license plates or digital registration plates or distinctive license plate stickers or digital registration stickers for every vehicle exempted from subsections (a) and (a-5) of Section 12-503 by subsection (g) of that Section, and by subsection (g-5) of that Section before its deletion by this amendatory Act of the 95th General Assembly. The Secretary shall issue these plates or stickers immediately upon receiving the physician's certification required under subsection (g) of Section 12-503. New plates or stickers shall also be issued when the certification is renewed as provided in that subsection.

(l) The Secretary of State shall issue distinctive registration plates or digital registration plates for low-speed vehicles.

(m) The Secretary of State shall issue distinctive registration plates or digital registration plates for autocycles. The dimensions of the plate issued to autocycles shall be 4 by 7 inches.

(n) The Secretary of State shall issue distinctive registration plates or digital registration plates for large non-highway vehicles.

(o) The Secretary of State shall issue distinctive registration plates or digital registration plates for recreational off-highway vehicles.

(Source: P.A. 101-395, eff. 8-16-19.)

(625 ILCS 5/3-805.6 new)

Sec. 3-805.6. Large non-highway vehicle. Every owner of a large non-highway vehicle shall make application to the Secretary of State for registration, or renewal of registration, at a fee of $30 every 2 years. Of each fee collected for a large non-highway vehicle, $2 of each fee shall be deposited into the State Police Vehicle Fund, $1 of each fee shall be deposited into the Park and Conservation Fund for the Department of Natural Resources to use for conservation efforts, and the remainder of each fee shall be deposited into the Road Fund. Counties authorizing the use of utility-terrain vehicles on its roadway may assess a fee.

(625 ILCS 5/3-805.7 new)

Sec. 3-805.7. Recreational off-highway vehicle. Every owner of a recreational off-highway vehicle shall make application to the Secretary of State for registration, or renewal of registration, at a fee of $30 every 2 years. Of each fee collected for a recreational off-highway vehicle, $2 of each fee shall be deposited into the State Police Vehicle Fund, $1 of each fee shall be deposited into the Park and Conservation Fund for the Department of Natural Resources to use for conservation efforts, and the remainder of each fee shall be deposited into the Road Fund. Counties authorizing the use of utility-terrain vehicles on its roadway may assess a fee.

(625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)

Sec. 3-821. Miscellaneous registration and title fees.

(a) Except as provided under subsection (h), the fee to be paid to the Secretary of State for the following certificates, registrations or evidences of proper registration, or for corrected or duplicate documents shall be in accordance with the following schedule:

A special corrected certificate of title shall be issued (i) to remove a co-owner's name due to the death of the co-owner, to transfer title to a spouse if the decedent-spouse was the sole owner on the title, or due to a divorce; (ii) to change a co-owner's name due to a marriage; or (iii) due to a name change under Article XXI of the Code of Civil Procedure.

There shall be no fee paid for a Junking Certificate.

There shall be no fee paid for a certificate of title issued to a county when the vehicle is forfeited to the county under Article 36 of the Criminal Code of 2012.

For purposes of this Section, the fee for a corrected title application that also results in the issuance of a duplicate title shall be the same as the fee for a duplicate title.

(a-5) The Secretary of State may revoke a certificate of title and registration card and issue a corrected certificate of title and registration card, at no fee to the vehicle owner or lienholder, if there is proof that the vehicle identification number is erroneously shown on the original certificate of title.

(a-10) The Secretary of State may issue, in connection with the sale of a motor vehicle, a corrected title to a motor vehicle dealer upon application and submittal of a lien release letter from the lienholder listed in the files of the Secretary. In the case of a title issued by another state, the dealer must submit proof from the state that issued the last title. The corrected title, which shall be known as a dealer lien release certificate of title, shall be issued in the name of the vehicle owner without the named lienholder. If the motor vehicle is currently titled in a state other than Illinois, the applicant must submit either (i) a letter from the current lienholder releasing the lien and stating that the lienholder has possession of the title; or (ii) a letter from the current lienholder releasing the lien and a copy of the records of the department of motor vehicles for the state in which the vehicle is titled, showing that the vehicle is titled in the name of the applicant and that no liens are recorded other than the lien for which a release has been submitted. The fee for the dealer lien release certificate of title is $20.

(b) The Secretary may prescribe the maximum service charge to be imposed upon an applicant for renewal of a registration by any person authorized by law to receive and remit or transmit to the Secretary such renewal application and fees therewith.

(c) If payment is delivered to the Office of the Secretary of State as payment of any fee or tax under this Code, and such payment is not honored for any reason, the registrant or other person tendering the payment remains liable for the payment of such fee or tax. The Secretary of State may assess a service charge of $25 in addition to the fee or tax due and owing for all dishonored payments.

If the total amount then due and owing exceeds the sum of $100 and has not been paid in full within 60 days from the date the dishonored payment was first delivered to the Secretary of State, the Secretary of State shall assess a penalty of 25% of such amount remaining unpaid.

All amounts payable under this Section shall be computed to the nearest dollar. Out of each fee collected for dishonored payments, $5 shall be deposited in the Secretary of State Special Services Fund.

(d) The minimum fee and tax to be paid by any applicant for apportionment of a fleet of vehicles under this Code shall be $15 if the application was filed on or before the date specified by the Secretary together with fees and taxes due. If an application and the fees or taxes due are filed after the date specified by the Secretary, the Secretary may prescribe the payment of interest at the rate of 1/2 of 1% per month or fraction thereof after such due date and a minimum of $8.

(e) Trucks, truck tractors, truck tractors with loads, and motor buses, any one of which having a combined total weight in excess of 12,000 lbs. shall file an application for a Fleet Reciprocity Permit issued by the Secretary of State. This permit shall be in the possession of any driver operating a vehicle on Illinois highways. Any foreign licensed vehicle of the second division operating at any time in Illinois without a Fleet Reciprocity Permit or other proper Illinois registration, shall subject the operator to the penalties provided in Section 3-834 of this Code. For the purposes of this Code, "Fleet Reciprocity Permit" means any second division motor vehicle with a foreign license and used only in interstate transportation of goods. The fee for such permit shall be $15 per fleet which shall include all vehicles of the fleet being registered.

(f) For purposes of this Section, "all-terrain vehicle or off-highway motorcycle used for production agriculture" means any all-terrain vehicle or off-highway motorcycle used in the raising of or the propagation of livestock, crops for sale for human consumption, crops for livestock consumption, and production seed stock grown for the propagation of feed grains and the husbandry of animals or for the purpose of providing a food product, including the husbandry of blood stock as a main source of providing a food product. "All-terrain vehicle or off-highway motorcycle used in production agriculture" also means any all-terrain vehicle or off-highway motorcycle used in animal husbandry, floriculture, aquaculture, horticulture, and viticulture.

(f-5) For purposes of this Section, "large non-highway vehicle and recreational off-highway vehicle used for production agriculture" means any large non-highway vehicle and recreational off-highway vehicle used in the raising of or the propagation of livestock, crops for sale for human consumption, crops for livestock consumption, and production seed stock grown for the propagation of feed grains and the husbandry of animals or for the purpose of providing a food product, including the husbandry of blood stock as a main source of providing a food product. "Large non-highway vehicle and recreational off-highway vehicle used in production agriculture" also means any large non-highway vehicle and recreational off-highway vehicle used in animal husbandry, floriculture, aquaculture, horticulture, and viticulture.

(g) All of the proceeds of the additional fees imposed by Public Act 96-34 shall be deposited into the Capital Projects Fund.

(h) The fee for a duplicate registration sticker or stickers shall be the amount required under subsection (a) or the vehicle's annual registration fee amount, whichever is less.

(i) All of the proceeds of (1) the additional fees imposed by Public Act 101-32, and (2) the $5 additional fee imposed by this amendatory Act of the 102nd General Assembly for a certificate of title for a motor vehicle other than an all-terrain vehicle, off-highway motorcycle, or motor home, mini motor home, or van camper shall be deposited into the Road Fund.

(j) Beginning July 1, 2023, the $10 additional fee imposed by this amendatory Act of the 103rd General Assembly for a Certificate of Title shall be deposited into the Secretary of State Special Services Fund.

(Source: P.A. 102-353, eff. 1-1-22; 103-8, eff. 7-1-23.)

(625 ILCS 5/11-1403.3) (from Ch. 95 1/2, par. 11-1403.3)

Sec. 11-1403.3. Intercom helmets. Any driver of a vehicle defined in Section 1-136.1, 1-145.001, 1-147, or 1-148.2, or 1-168.8 of this Code may use a helmet equipped with an electronic intercom system permitting 2-way vocal communication with drivers of any such vehicles or passengers on such vehicles.

(Source: P.A. 90-89, eff. 1-1-98.)

(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) an off-highway motorcycle, as defined by Section 1-153.1; and

(4) (blank). a recreational off-highway vehicle, as defined by Section 1-168.8.

(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 driver's license issued in his or her name by the Secretary of State or by a foreign jurisdiction.

(c) No person operating a non-highway vehicle shall make a direct crossing upon or across any tollroad, interstate highway, or controlled access highway in this State. No person operating a non-highway vehicle shall make a direct crossing upon or across any other highway under the jurisdiction of the State except at an intersection of the highway with another public street, road, or highway.

(c-5) (Blank).

(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. The unit of local government or the Department may restrict the types of non-highway vehicles that are authorized to be used on its streets.

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.

(f-5) Any driver or passenger of a non-highway vehicle is subject to Sections 11-502 through 11-502.15.

(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.

(h) It shall not be unlawful for any person to drive or operate a non-highway vehicle, as defined in paragraphs (1) and (4) of subsection (a) of this Section, on a county roadway or township roadway for the purpose of conducting farming operations to and from the home, farm, farm buildings, and any adjacent or nearby farm land.

Non-highway vehicles, as used in this subsection (h), shall not be subject to subsections (e) and (g) of this Section. However, if the non-highway vehicle, as used in this Section, is not covered under a motor vehicle insurance policy pursuant to subsection (g) of this Section, the vehicle must be covered under a farm, home, or non-highway vehicle insurance policy issued with coverage amounts no less than the minimum amounts set for bodily injury or death and for destruction of property under Section 7-203 of this Code. Non-highway vehicles operated 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.

Non-highway vehicles, as used in this subsection (h), shall not make a direct crossing upon or across any tollroad, interstate highway, or controlled access highway in this State.

Non-highway vehicles, as used in this subsection (h), shall be allowed to cross a State highway, municipal street, county highway, or road district highway if the operator of the non-highway vehicle makes a direct crossing provided:

(1) the crossing is made at an angle of approximately 90 degrees to the direction of the street, road or highway and at a place where no obstruction prevents a quick and safe crossing;

(2) the non-highway vehicle is brought to a complete stop before attempting a crossing;

(3) the operator of the non-highway vehicle yields the right of way to all pedestrian and vehicular traffic which constitutes a hazard; and

(4) that when crossing a divided highway, the crossing is made only at an intersection of the highway with another public street, road, or highway.

(i) No action taken by a unit of local government under this Section designates the operation of a non-highway vehicle as an intended or permitted use of property with respect to Section 3-102 of the Local Governmental and Governmental Employees Tort Immunity Act.

(Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.)

(625 ILCS 5/11-1426.3 new)

Sec. 11-1426.3. Operation of utility-type vehicles on streets, roads, and highways.

(a) As used in this Section, "utility-type vehicle" means a motor vehicle not specifically designed to be used on a public highway, including:

(1) A large non-highway vehicle, as defined by Section 1-136.1.

(2) A recreational off-highway vehicle, as defined by Section 1-168.8.

(b) Except as otherwise provided in this Section, it is unlawful for any person to drive or operate a utility-type vehicle upon any street, highway, or roadway in this State. If the operation of a utility-type vehicle is authorized under subsection (d), then the utility-type vehicle may be operated only during daylight hours at a maximum speed of 45 miles per hour on streets where the posted speed limit is 55 miles per hour or less.

(c) A person may not operate a utility-type vehicle upon any street, highway, or roadway in this State unless the person has a valid driver's license issued in the person's name by the Secretary of State or by a foreign jurisdiction and the person is 18 years of age.

(d) No person operating a utility-type vehicle shall make a direct crossing upon or across any tollroad, interstate highway, or controlled access highway in this State. No person operating a utility-type vehicle shall make a direct crossing upon or across any other highway under the jurisdiction of the State except at an intersection of the highway with another public street, road, or highway.

(e) A municipality, township, county, or other unit of local government may authorize, by ordinance or resolution, the operation of utility-type 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 utility-type vehicles on the roadways under its jurisdiction if the Department determines that the public safety will not be jeopardized. The unit of local government or the Department may restrict the types of utility-type vehicles that are authorized to be used on its streets.

Before permitting the operation of utility-type 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 utility-type vehicles may safely travel on or cross the roadway. Upon determining that utility-type 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, utility-type vehicles may not be operated on the roadway unless each unit of government agrees and takes action as provided in this subsection.

(f) No utility-type vehicle may be operated on a roadway unless, at a minimum, it has the following: brakes, a steering apparatus, tires, a rearview mirror, a windshield, a vehicle identification number, a seat safety belt, a rearview mirror, an exterior rearview mirror mounted on the driver's side of the vehicle, 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 highway, a utility-type vehicle shall have its headlight and tail lamps lighted at all times. A utility-type vehicle that is manufactured not to exceed 40 miles per hour shall have a slow moving emblem affixed to the rear of the utility-type vehicle. A slow moving emblem shall not be affixed to any utility-type vehicle that is manufactured to exceed 40 miles per hour.

(g) Any driver who drives or is in actual physical control of a utility-type vehicle on a highway while under the influence is subject to Sections 11-500 through 11-501.9.

(h) Any driver or passenger of an utility-type vehicle on a highway is subject to Sections 11-502 through 11-502.15.

(i) Any driver or passenger of an utility-type vehicle on a highway is subject to Section 12-603.1.

(j) Any person operating a utility-type vehicle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a utility-type vehicle unless the utility-type vehicle is designed to carry more than one person and be equipped with the number of available seat safety belts.

(k) Any person who operates a utility-type vehicle on a street, highway, or roadway shall be subject to the mandatory insurance requirements under Article VI of Chapter 7.

(l) It shall not be unlawful for any person to drive or operate a utility-type vehicle on a county roadway or township roadway for the purpose of conducting farming operations to and from the home, farm, farm buildings, and any adjacent or nearby farm land.

Utility-type vehicles, as used in this subsection, shall not be subject to subsection (k). However, if the utility-type vehicle, as used in this Section, is not covered under a motor vehicle insurance policy under subsection (k), the utility-type vehicle must be covered under a farm, home, or utility-type vehicle insurance policy issued with coverage amounts no less than the minimum amounts set for bodily injury or death and for destruction of property under Section 7-203.

Utility-type vehicles, as used in this subsection, shall not make a direct crossing upon or across any tollroad, interstate highway, or controlled access highway in this State.

Utility-type vehicles, as used in this subsection, shall be allowed to cross a State highway, municipal street, county highway, or road district highway if the operator of the utility-type vehicle makes a direct crossing if:

(1) the crossing is made at an angle of approximately 90 degrees to the direction of the street, road, or highway and at a place where no obstruction prevents a quick and safe crossing;

(2) the utility-type vehicle is brought to a complete stop before attempting a crossing;

(3) the operator of the utility-type vehicle yields the right of way to all pedestrian and vehicular traffic which constitutes a hazard; and

(4) when crossing a divided highway, the crossing is made only at an intersection of the highway with another public street, road, or highway.

(m) No action taken by a unit of local government under this Section designates the operation of a utility-type vehicle as an intended or permitted use of property with respect to Section 3-102 of the Local Governmental and Governmental Employees Tort Immunity Act.

(n) Every owner of a utility-type vehicle which may be operated upon a highway shall secure a certificate of title and display valid registration.

(o) Subject to subsection (m), this Section shall not be construed as to repeal any ordinances concerning utility-type vehicles on streets, roads, and highways, and any conflicting ordinance shall supersede this Section.

(625 ILCS 5/11-1427.5)

Sec. 11-1427.5. Recreational off-highway vehicles. All provisions of this Code, except Section 11-1426.1, that apply to an all-terrain vehicle shall apply the same to a recreational off-highway vehicle.

(Source: P.A. 96-428, eff. 8-13-09.)

(625 ILCS 5/11-1427.6 new)

Sec. 11-1427.6. Large non-highway vehicles. All provisions of this Code, except Section 11-1426.1, that apply to an all-terrain vehicle shall apply the same to a large non-highway vehicle. This Section shall not be construed as to repeal any ordinances concerning large non-highway vehicles, and any conflicting ordinance shall supersede this Section.