Full Text of SB3629 96th General Assembly
SB3629eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 10. The Illinois Vehicle Code is amended by adding | 5 |
| Section 1-148.5m and adding Article XVI to Chapter 11 as | 6 |
| follows: | 7 |
| (625 ILCS 5/1-148.5m new) | 8 |
| Sec. 1-148.5m. Non-highway vehicle. A vehicle that is not | 9 |
| specifically designed to be used on a public highway, | 10 |
| including: | 11 |
| (1) an all-terrain vehicle, as defined by Section | 12 |
| 1-101.8 of this Code; | 13 |
| (2) a golf cart, as defined by Section 1-123.9; and | 14 |
| (3) an off-highway motorcycle, as defined by Section | 15 |
| 1-153.1. | 16 |
| (625 ILCS 5/Ch. 11, Art. XVI heading new) | 17 |
| ARTICLE XVI. NON-HIGHWAY AND LOW-SPEED VEHICLES | 18 |
| (625 ILCS 5/11-1605 new) | 19 |
| Sec. 11-1605. Operation of low-speed vehicles and | 20 |
| non-highway vehicles on streets. | 21 |
| (a) Except as otherwise provided in this Article, it is |
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| unlawful for any person to drive or operate a low-speed vehicle | 2 |
| or non-highway vehicle upon any street in this State. If the | 3 |
| operation of a low-speed or non-highway vehicle is authorized | 4 |
| under subsection (e) of this Section, the vehicle may be | 5 |
| operated only on a street where the posted speed limit is 35 | 6 |
| miles per hour or less. This subsection does not prohibit a | 7 |
| low-speed or non-highway vehicle from crossing a street at an | 8 |
| intersection where the street has a posted speed limit of more | 9 |
| than 35 miles per hour. | 10 |
| (b) A person may not operate a low-speed or non-highway | 11 |
| vehicle upon any street in this State unless he or she has a | 12 |
| valid Illinois driver's license issued in his or her name by | 13 |
| the Secretary of State. | 14 |
| (c) Except as otherwise provided in subsection (d) of this | 15 |
| Section, no person operating a low-speed or non-highway vehicle | 16 |
| may make a direct crossing upon or across any controlled access | 17 |
| highway in this State. | 18 |
| (d) A person operating a low-speed or non-highway vehicle | 19 |
| may make a direct crossing at an intersection controlled by a | 20 |
| traffic light or 4-way stop sign upon or across a street under | 21 |
| the jurisdiction of the State if the speed limit on the highway | 22 |
| is 35 miles per hour or less at the place of crossing. | 23 |
| (e) A municipality, township, county, or other unit of | 24 |
| local government may authorize, by ordinance or resolution, the | 25 |
| operation of low-speed or non-highway vehicles on streets under | 26 |
| its jurisdiction if the unit of local government determines |
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| that the public safety will not be jeopardized. The Department | 2 |
| may authorize the operation of low-speed or non-highway | 3 |
| vehicles on the roadways under its jurisdiction if the | 4 |
| Department determines that the public safety will not be | 5 |
| jeopardized. The unit of local government or the Department | 6 |
| may, at its discretion, limit the authorization under this | 7 |
| Section to only low-speed vehicles or it may restrict the types | 8 |
| of non-highway vehicles that are authorized to be used on its | 9 |
| streets. A township, county, or other unit of local government | 10 |
| may not limit the powers granted in Section 11-1620 of this | 11 |
| Code. | 12 |
| Before permitting the operation of low-speed or | 13 |
| non-highway vehicles on its streets, a municipality, township, | 14 |
| county, other unit of local government, or the Department must | 15 |
| consider the volume, speed, and character of traffic on the | 16 |
| street and determine whether vehicles may safely travel on or | 17 |
| cross the street. Upon determining that low-speed or | 18 |
| non-highway vehicles may safely operate on a street and the | 19 |
| adoption of an ordinance or resolution by a municipality, | 20 |
| township, county, or other unit of local government, or | 21 |
| authorization by the Department, appropriate signs shall be | 22 |
| posted. | 23 |
| If a street is under the jurisdiction of more than one unit | 24 |
| of government, low-speed or non-highway vehicles may not be | 25 |
| operated on the street unless each unit of government agrees | 26 |
| and takes action as provided in this subsection. |
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| (f) No low-speed or non-highway vehicle may be operated on | 2 |
| a street unless, at a minimum, it has the following: brakes, a | 3 |
| steering apparatus, tires, a rearview mirror, red | 4 |
| reflectorized warning devices in the front and rear, a slow | 5 |
| moving emblem (as required of other vehicles in Section 12-709 | 6 |
| of this Code) on the rear of the non-highway vehicle, a | 7 |
| headlight that emits a white light visible from a distance of | 8 |
| 500 feet to the front, a tail lamp that emits a red light | 9 |
| visible from at least 100 feet from the rear, brake lights, and | 10 |
| turn signals. When operated on a street, a non-highway vehicle | 11 |
| shall have its headlight and tail lamps lighted as required by | 12 |
| Section 12-201 of this Code. | 13 |
| (g) A person who drives or is in actual physical control of | 14 |
| a low-speed or non-highway vehicle on a street is subject to | 15 |
| the Rules of the Road in Chapter 11 of this Code. | 16 |
| (h) Any person who operates a low-speed or non-highway | 17 |
| vehicle on a street is subject to the mandatory insurance | 18 |
| requirements under Article VI of Chapter 7 of this Code. | 19 |
| (i) No action taken by a unit of local government under | 20 |
| this Section designates the operation of a low-speed or | 21 |
| non-highway vehicle as an intended or permitted use of property | 22 |
| with respect to Section 3-102 of the Local Governmental and | 23 |
| Governmental Employees Tort Immunity Act. | 24 |
| (j) Nothing in this Section shall limit the powers granted | 25 |
| in Section 11-1620 of this Code. |
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| (625 ILCS 5/11-1610 new) | 2 |
| Sec. 11-1610. Operation of low-speed vehicles in the City | 3 |
| of Chicago. | 4 |
| (a) This Section applies only to streets located in the | 5 |
| City of Chicago. | 6 |
| (b) Except as otherwise provided in this Section, it is | 7 |
| lawful for any person to drive or operate a low-speed vehicle | 8 |
| upon any street that is located in the City of Chicago where | 9 |
| the posted speed limit is 30 miles per hour or less. | 10 |
| (c) All provisions of Section 11-1605 of this Code | 11 |
| concerning the operation and equipment requirements for | 12 |
| low-speed vehicles apply to the operation of low-speed vehicles | 13 |
| under this Section. | 14 |
| (d) The Department of Transportation or the City of Chicago | 15 |
| may prohibit the operation of low-speed vehicles on any street | 16 |
| or on all streets under its jurisdiction. Upon the adoption of | 17 |
| an ordinance or resolution by the City of Chicago or a | 18 |
| regulation by the Department of Transportation prohibiting the | 19 |
| operation of low-speed vehicles on any street or on all streets | 20 |
| under its jurisdiction, appropriate signs shall be posted. If a | 21 |
| street is under the jurisdiction of the Department of | 22 |
| Transportation and the City of Chicago, low-speed vehicles may | 23 |
| be operated on the street unless both the City of Chicago and | 24 |
| the Department of Transportation agree and take action to | 25 |
| prohibit such operation as provided in this Section. | 26 |
| (e) No action taken by the City of Chicago under this |
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| Section designates the operation of a low-speed vehicle as an | 2 |
| intended or permitted use of property with respect to Section | 3 |
| 3-102 of the Local Governmental and Governmental Employees Tort | 4 |
| Immunity Act. | 5 |
| (f) Nothing in this Section prohibits the operation of | 6 |
| non-highway vehicles on streets located in the City of Chicago | 7 |
| if that operation is authorized under Section 11-1605 of this | 8 |
| Code. Nothing in this Section prohibits the operation of | 9 |
| low-speed vehicles on streets where the posted speed limit is | 10 |
| 35 miles an hour or less if that operation is authorized under | 11 |
| Section 11-1605 of this Code. | 12 |
| (625 ILCS 5/11-1615 new) | 13 |
| Sec. 11-1615. Requirements for retail sellers. Any person | 14 |
| engaged in the retail sale of low-speed vehicles are required | 15 |
| to comply with the motor vehicle dealer licensing, | 16 |
| registration, and bonding laws of this State, as specified in | 17 |
| Sections 5-101 and 5-102 of this Code. | 18 |
| (625 ILCS 5/11-1620 new) | 19 |
| Sec. 11-1620. Farming operations. | 20 |
| (a) It is lawful for any person to drive or operate an | 21 |
| all-terrain vehicle, as defined by Section 1-101.8 of this | 22 |
| Code, or a recreational off-highway vehicle, as defined by | 23 |
| Section 1-168.8 of this Code, on a county or township roadway | 24 |
| for the purpose of conducting farming operations to and from |
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| the home, farm, farm buildings, or any adjacent or nearby farm | 2 |
| land. | 3 |
| (b) The requirements of subsection (f) and (h) of Section | 4 |
| 11-1605 do not apply to the operation of non-highway vehicles | 5 |
| under this Section. However, if the all-terrain vehicle or | 6 |
| recreational off-highway vehicle, as used in this Section, is | 7 |
| not covered under a motor vehicle insurance policy pursuant to | 8 |
| subsection (h) of Section 11-1605 of this Code, the vehicle | 9 |
| must be covered under a farm, home, or non-highway vehicle | 10 |
| insurance policy issued with coverage amounts no less than the | 11 |
| minimum amounts set for bodily injury or death and for | 12 |
| destruction of property under Section 7-203 of this Code. | 13 |
| All-terrain or recreational off-highway vehicles operated on a | 14 |
| county or township roadway at any time between one-half hour | 15 |
| before sunset and one-half hour after sunrise must be equipped | 16 |
| with head lamps and tail lamps, and the head lamps and tail | 17 |
| lamps must be lighted. | 18 |
| (c) An all-terrain vehicle or recreational off-highway | 19 |
| vehicle may not make a direct crossing upon or across any | 20 |
| tollroad, interstate highway, or controlled access highway in | 21 |
| this State. | 22 |
| An all-terrain vehicle or recreational off-highway vehicle | 23 |
| may cross a State highway, municipal street, county highway, or | 24 |
| road district highway if the operator of the vehicle makes a | 25 |
| direct crossing and if: | 26 |
| (1) the crossing is made at an angle of approximately |
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| 90 degrees to the direction of the street, road, or highway | 2 |
| and is made at a place where no obstruction prevents a | 3 |
| quick and safe crossing; | 4 |
| (2) the operator brings the vehicle to a complete stop | 5 |
| before attempting a crossing; | 6 |
| (3) the operator yields the right-of-way to all | 7 |
| pedestrian and vehicular traffic that constitutes a | 8 |
| hazard; and | 9 |
| (4) when crossing a divided highway, the operator makes | 10 |
| the crossing only at an intersection of the highway with | 11 |
| another public street, road, or highway. | 12 |
| (625 ILCS 5/1-148.3m rep.) | 13 |
| (625 ILCS 5/11-1426.1 rep.) | 14 |
| (625 ILCS 5/11-1426.2 rep.) | 15 |
| Section 15. The Illinois Vehicle Code is amended by | 16 |
| repealing Sections 1-148.3m, 11-1426.1, and 11-1426.2.
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| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law.
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INDEX
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Statutes amended in order of appearance
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| 65 ILCS 5/8-11-4 |
from Ch. 24, par. 8-11-4 |
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| 625 ILCS 5/1-148.5m new |
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| 625 ILCS 5/Ch. 11, Art. | 6 |
| XVI heading new |
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| 625 ILCS 5/11-1605 new |
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| 625 ILCS 5/11-1610 new |
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| 625 ILCS 5/11-1615 new |
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| 625 ILCS 5/11-1620 new |
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| 625 ILCS 5/1-148.3m rep. |
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| 625 ILCS 5/11-1426.1 rep. |
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| 625 ILCS 5/11-1426.2 rep. |
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