98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5901

 

Introduced , by Rep. Charles E. Meier

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 862/34
625 ILCS 5/11-1426.1

    Amends the Recreational Trails of Illinois Act. Provides that off-highway vehicles may be operated on any land owned by the off-highway vehicle's owner, regardless of whether the owner resides permanently on that land. Amends the Illinois Vehicle Code. Provides that all-terrain vehicles, off-highway motorcycles, and recreational off-highway vehicles may be operated on county or township roadways for any purpose provided that they meet certain insurance requirements, do not make a direct crossing upon or across any tollroad, interstate highway, or controlled access highway, and obey certain safety restrictions before attempting to cross a State highway, municipal street, county highway, or road district highway. 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 Recreational Trails of Illinois Act is
5amended by changing Section 34 as follows:
 
6    (20 ILCS 862/34)
7    Sec. 34. Exception from display of Off-Highway Vehicle
8Usage Stamps. The operator of an off-highway vehicle shall not
9be required to display an Off-Highway Vehicle Usage Stamp if
10the off-highway vehicle is:
11        (1) owned and used by the United States, the State of
12    Illinois, another state, or a political subdivision
13    thereof, but these off-highway vehicles shall prominently
14    display the name of the owner on the off-highway vehicle;
15        (2) operated on lands owned by the off-highway vehicle
16    owner or on lands where the owner permanently resides; this
17    exception shall not apply to clubs, associations, lands
18    leased for hunting or recreational purposes, or to
19    off-highway vehicles being used by outfitters as defined in
20    the Wildlife Code as part of their outfitting business;
21        (3) used only on international or national competition
22    circuits in events for which written permission has been
23    obtained by the sponsoring or sanctioning body from the

 

 

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1    governmental unit having jurisdiction over the location of
2    any event held in this State;
3        (4) while being used for activities associated with
4    farming or livestock production operations; or
5        (5) while being used on an off-highway vehicle grant
6    assisted site and the off-highway vehicle displays a
7    Off-Highway Vehicle Access decal.
8(Source: P.A. 97-1136, eff. 1-1-13.)
 
9    Section 10. The Illinois Vehicle Code is amended by
10changing Section 11-1426.1 as follows:
 
11    (625 ILCS 5/11-1426.1)
12    Sec. 11-1426.1. Operation of non-highway vehicles on
13streets, roads, and highways.
14    (a) As used in this Section, "non-highway vehicle" means a
15motor vehicle not specifically designed to be used on a public
16highway, including:
17        (1) an all-terrain vehicle, as defined by Section
18    1-101.8 of this Code;
19        (2) a golf cart, as defined by Section 1-123.9;
20        (3) an off-highway motorcycle, as defined by Section
21    1-153.1; and
22        (4) a recreational off-highway vehicle, as defined by
23    Section 1-168.8.
24    (b) Except as otherwise provided in this Section, it is

 

 

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

 

 

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

 

 

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1white light visible from a distance of 500 feet to the front, a
2tail lamp that emits a red light visible from at least 100 feet
3from the rear, brake lights, and turn signals. When operated on
4a roadway, a non-highway vehicle shall have its headlight and
5tail lamps lighted as required by Section 12-201 of this Code.
6    (f) A person who drives or is in actual physical control of
7a non-highway vehicle on a roadway while under the influence is
8subject to Sections 11-500 through 11-502 of this Code.
9    (g) Any person who operates a non-highway vehicle on a
10street, highway, or roadway shall be subject to the mandatory
11insurance requirements under Article VI of Chapter 7 of this
12Code.
13    (h) It shall not be unlawful for any person to drive or
14operate a non-highway vehicle, as defined in paragraphs (1),
15(3), and (4) of subsection (a) of this Section, on a county
16roadway or township roadway for the purpose of conducting
17farming operations to and from the home, farm, farm buildings,
18and any adjacent or nearby farm land.
19    Non-highway vehicles, as used in this subsection (h), shall
20not be subject to subsections (e) and (g) of this Section.
21However, if the non-highway vehicle, as used in this Section,
22is not covered under a motor vehicle insurance policy pursuant
23to subsection (g) of this Section, the vehicle must be covered
24under a farm, home, or non-highway vehicle insurance policy
25issued with coverage amounts no less than the minimum amounts
26set for bodily injury or death and for destruction of property

 

 

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

 

 

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1as an intended or permitted use of property with respect to
2Section 3-102 of the Local Governmental and Governmental
3Employees Tort Immunity Act.
4(Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.