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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
5Sections 11-1426.1 and 11-1426.2 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) a neighborhood vehicle, as defined by Section
16    1-148.3m;
17        (3) (4) an off-highway motorcycle, as defined by
18    Section 1-153.1; and
19        (4) (5) a recreational off-highway vehicle, as defined
20    by Section 1-168.8.
21    (b) Except as otherwise provided in this Section, it is
22unlawful for any person to drive or operate a non-highway
23vehicle upon any street, highway, or roadway in this State. If

 

 

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1the operation of a non-highway vehicle is authorized under
2subsection (d), the non-highway vehicle may be operated only on
3streets where the posted speed limit is 35 miles per hour or
4less. This subsection (b) does not prohibit a non-highway
5vehicle from crossing a road or street at an intersection where
6the road or street has a posted speed limit of more than 35
7miles per hour.
8    (b-5) A person may not operate a non-highway vehicle upon
9any street, highway, or roadway in this State unless he or she
10has a valid driver's license issued in his or her name by the
11Secretary of State or by a foreign jurisdiction.
12    (c) Except as otherwise provided in subsection (c-5), no
13person operating a non-highway vehicle shall make a direct
14crossing upon or across any highway under the jurisdiction of
15the State, tollroad, interstate highway, or controlled access
16highway in this State.
17    (c-5) A person may make a direct crossing at an
18intersection controlled by a traffic light or 4-way stop sign
19upon or across a highway under the jurisdiction of the State if
20the speed limit on the highway is 35 miles per hour or less at
21the place of crossing.
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) and
15(4) (5) of subsection (a) of this Section, on a county roadway
16or township roadway for the purpose of conducting farming
17operations to and from the home, farm, farm buildings, and any
18adjacent 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. 95-150, 8-14-07; 95-414, eff. 8-24-07; 95-575,
5eff. 8-31-07; 95-876, eff. 8-21-08; 96-279, eff. 1-1-10;
696-1434, eff. 8-11-10.)
 
7    (625 ILCS 5/11-1426.2)
8    Sec. 11-1426.2. Operation of low-speed vehicles on
9streets.
10    (a) Except as otherwise provided in this Section, it is
11lawful for any person to drive or operate a low-speed vehicle
12upon any street in this State where the posted speed limit is
1330 miles per hour or less.
14    (b) Low-speed vehicles may cross a street at an
15intersection where the street being crossed has a posted speed
16limit of not more than 45 miles per hour. Low-speed vehicles
17may not cross a street with a speed limit in excess of 45 miles
18per hour unless the crossing is at an intersection controlled
19by a traffic light or 4-way stop sign.
20    (c) The Department of Transportation or a municipality,
21township, county, or other unit of local government may
22prohibit, by regulation, ordinance, or resolution, the
23operation of low-speed vehicles on streets under its
24jurisdiction where the posted speed limit is 30 miles per hour
25or less if the Department of Transportation or unit of local

 

 

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1government determines that the public safety would be
2jeopardized.
3    (d) Upon determining that low-speed vehicles may not safely
4operate on a street, and upon the adoption of an ordinance or
5resolution by a unit of local government, or regulation by the
6Department of Transportation, the operation of low-speed
7vehicles may be prohibited. The unit of local government or the
8Department of Transportation may prohibit the operation of
9low-speed vehicles on any and all streets under its
10jurisdiction. Appropriate signs shall be posted in conformance
11with the State Manual on Uniform Traffic Control Devices
12adopted pursuant to Section 11-301 of this Code.
13    (e) If a street is under the jurisdiction of more than one
14unit of local government, or under the jurisdiction of the
15Department of Transportation and one or more units of local
16government, low-speed vehicles may be operated on the street
17unless each unit of local government and the Department of
18Transportation agree and take action to prohibit such operation
19as provided in this Section.
20    (e-5) A unit of local government may, by ordinance or
21resolution, authorize the operation of low-speed vehicles on
22one or more streets under its jurisdiction that have a speed
23limit of more than 30 miles per hour but not greater than 35
24miles per hour.
25    Before authorizing the operation of low-speed vehicles on
26any street under this subsection (e-5), the unit of local

 

 

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1government must consider the volume, speed, and character of
2traffic on the street and determine whether low-speed vehicles
3may travel safely on that street.
4    If a street is under the jurisdiction of more than one unit
5of government, low-speed vehicles may not be operated on the
6street under this subsection (e-5) unless each unit of
7government agrees and takes action as provided in this
8subsection.
9    Upon the adoption of an ordinance authorizing low-speed
10vehicles under this subsection (e-5), appropriate signs shall
11be posted.
12    (f) No low-speed vehicle may be operated on any street
13unless, at a minimum, it has the following: brakes, a steering
14apparatus, tires, a rearview mirror, red reflectorized warning
15devices in the front and rear, a headlight that emits a white
16light visible from a distance of 500 feet to the front, a tail
17lamp that emits a red light visible from at least 100 feet from
18the rear, brake lights, and turn signals. When operated on a
19street, a low-speed vehicle shall have its headlight and tail
20lamps lighted as required by Section 12-201 of this Code. The
21low-speed vehicle shall also have signs or decals permanently
22and conspicuously affixed to the rear of the vehicle and the
23dashboard of the vehicle stating "This Vehicle May Not Be
24Operated on Streets With Speed Limits in Excess of 30 m.p.h."
25The lettering of the sign or decal on the rear of the vehicle
26shall be not less than 2 inches in height. The lettering on the

 

 

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1sign or decal on the dashboard shall be not less than one-half
2inch in height.
3    (g) A person may not operate a low-speed vehicle upon any
4street in this State unless he or she has a valid driver's
5license issued in his or her name by the Secretary of State or
6a foreign jurisdiction.
7    (h) The operation of a low-speed vehicle upon any street is
8subject to the provisions of Chapter 11 of this Code concerning
9the Rules of the Road, and applicable local ordinances.
10    (i) Every owner of a low-speed vehicle is subject to the
11mandatory insurance requirements specified in Article VI of
12Chapter 7 of this Code.
13    (j) Any person engaged in the retail sale of low-speed
14vehicles are required to comply with the motor vehicle dealer
15licensing, registration, and bonding laws of this State, as
16specified in Sections 5-101 and 5-102 of this Code.
17    (k) No action taken by a unit of local government under
18this Section designates the operation of a low-speed vehicle as
19an intended or permitted use of property with respect to
20Section 3-102 of the Local Governmental and Governmental
21Employees Tort Immunity Act.
22(Source: P.A. 96-653, eff. 1-1-10; 96-1434, eff. 8-11-10.)
 
23    (625 ILCS 5/1-148.3m rep.)
24    Section 10. The Illinois Vehicle Code is amended by
25repealing Section 1-148.3m.
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.