Illinois General Assembly - Full Text of SB3168
Illinois General Assembly

Previous General Assemblies

Full Text of SB3168  100th General Assembly

SB3168 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3168

 

Introduced 2/15/2018, by Sen. Steve Stadelman

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-1426.1

    Amends the Illinois Vehicle Code. Defines "streets, roads, and highways". Provides that non-highway vehicles may be operated on roads and highways (in addition to streets) where the posted speed limit is 35 miles per hour or less within a municipality or 55 miles per hour or less outside of a municipality.


LRB100 18201 LNS 33402 b

 

 

A BILL FOR

 

SB3168LRB100 18201 LNS 33402 b

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
5Section 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
17        (4) a recreational off-highway vehicle, as defined by
18    Section 1-168.8.
19    (a-5) As used in this Section, "streets, roads, and
20highways" shall be defined as in the Highway Code.
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

 

 

SB3168- 2 -LRB100 18201 LNS 33402 b

1the operation of a non-highway vehicle is authorized under
2subsection (d), the non-highway vehicle may be operated only on
3streets, roads, and highways where the posted speed limit is 35
4miles per hour or less within a municipality or 55 miles per
5hour or less outside of a municipality. This subsection (b)
6does not prohibit a non-highway vehicle from crossing a road or
7street at an intersection where the road or street has a posted
8speed limit of more than 35 miles per hour.
9    (b-5) A person may not operate a non-highway vehicle upon
10any street, highway, or roadway in this State unless he or she
11has a valid driver's license issued in his or her name by the
12Secretary of State or by a foreign jurisdiction.
13    (c) No person operating a non-highway vehicle shall make a
14direct crossing upon or across any tollroad, interstate
15highway, or controlled access highway in this State. No person
16operating a non-highway vehicle shall make a direct crossing
17upon or across any other highway under the jurisdiction of the
18State except at an intersection of the highway with another
19public street, road, or highway.
20    (c-5) (Blank).
21    (d) A municipality, township, county, or other unit of
22local government may authorize, by ordinance or resolution, the
23operation of non-highway vehicles on roadways under its
24jurisdiction if the unit of local government determines that
25the public safety will not be jeopardized. The Department may
26authorize the operation of non-highway vehicles on the roadways

 

 

SB3168- 3 -LRB100 18201 LNS 33402 b

1under its jurisdiction if the Department determines that the
2public safety will not be jeopardized. The unit of local
3government or the Department may restrict the types of
4non-highway vehicles that are authorized to be used on its
5streets.
6    Before permitting the operation of non-highway vehicles on
7its roadways, a municipality, township, county, other unit of
8local government, or the Department must consider the volume,
9speed, and character of traffic on the roadway and determine
10whether non-highway vehicles may safely travel on or cross the
11roadway. Upon determining that non-highway vehicles may safely
12operate on a roadway and the adoption of an ordinance or
13resolution by a municipality, township, county, or other unit
14of local government, or authorization by the Department,
15appropriate signs shall be posted.
16    If a roadway is under the jurisdiction of more than one
17unit of government, non-highway vehicles may not be operated on
18the roadway unless each unit of government agrees and takes
19action as provided in this subsection.
20    (e) No non-highway vehicle may be operated on a roadway
21unless, at a minimum, it has the following: brakes, a steering
22apparatus, tires, a rearview mirror, red reflectorized warning
23devices in the front and rear, a slow moving emblem (as
24required of other vehicles in Section 12-709 of this Code) on
25the rear of the non-highway vehicle, a headlight that emits a
26white light visible from a distance of 500 feet to the front, a

 

 

SB3168- 4 -LRB100 18201 LNS 33402 b

1tail lamp that emits a red light visible from at least 100 feet
2from the rear, brake lights, and turn signals. When operated on
3a roadway, a non-highway vehicle shall have its headlight and
4tail lamps lighted as required by Section 12-201 of this Code.
5    (f) A person who drives or is in actual physical control of
6a non-highway vehicle on a roadway while under the influence is
7subject to Sections 11-500 through 11-502 of this Code.
8    (g) Any person who operates a non-highway vehicle on a
9street, highway, or roadway shall be subject to the mandatory
10insurance requirements under Article VI of Chapter 7 of this
11Code.
12    (h) It shall not be unlawful for any person to drive or
13operate a non-highway vehicle, as defined in paragraphs (1) and
14(4) of subsection (a) of this Section, on a county roadway or
15township roadway for the purpose of conducting farming
16operations to and from the home, farm, farm buildings, and any
17adjacent or nearby farm land.
18    Non-highway vehicles, as used in this subsection (h), shall
19not be subject to subsections (e) and (g) of this Section.
20However, if the non-highway vehicle, as used in this Section,
21is not covered under a motor vehicle insurance policy pursuant
22to subsection (g) of this Section, the vehicle must be covered
23under a farm, home, or non-highway vehicle insurance policy
24issued with coverage amounts no less than the minimum amounts
25set for bodily injury or death and for destruction of property
26under Section 7-203 of this Code. Non-highway vehicles operated

 

 

SB3168- 5 -LRB100 18201 LNS 33402 b

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

 

 

SB3168- 6 -LRB100 18201 LNS 33402 b

1Section 3-102 of the Local Governmental and Governmental
2Employees Tort Immunity Act.
3(Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.)