Public Act 097-0144
 
SB1641 EnrolledLRB097 05422 HEP 45480 b

    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 11-1426.1 and 11-1426.2 as follows:
 
    (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) a neighborhood vehicle, as defined by Section
    1-148.3m;
        (3) (4) an off-highway motorcycle, as defined by
    Section 1-153.1; and
        (4) (5) 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) Except as otherwise provided in subsection (c-5), no
person operating a non-highway vehicle shall make a direct
crossing upon or across any highway under the jurisdiction of
the State, tollroad, interstate highway, or controlled access
highway in this State.
    (c-5) A person may make a direct crossing at an
intersection controlled by a traffic light or 4-way stop sign
upon or across a highway under the jurisdiction of the State if
the speed limit on the highway is 35 miles per hour or less at
the place of crossing.
    (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.
    (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) (5) 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. 95-150, 8-14-07; 95-414, eff. 8-24-07; 95-575,
eff. 8-31-07; 95-876, eff. 8-21-08; 96-279, eff. 1-1-10;
96-1434, eff. 8-11-10.)
 
    (625 ILCS 5/11-1426.2)
    Sec. 11-1426.2. Operation of low-speed vehicles on
streets.
    (a) Except as otherwise provided in this Section, it is
lawful for any person to drive or operate a low-speed vehicle
upon any street in this State where the posted speed limit is
30 miles per hour or less.
    (b) Low-speed vehicles may cross a street at an
intersection where the street being crossed has a posted speed
limit of not more than 45 miles per hour. Low-speed vehicles
may not cross a street with a speed limit in excess of 45 miles
per hour unless the crossing is at an intersection controlled
by a traffic light or 4-way stop sign.
    (c) The Department of Transportation or a municipality,
township, county, or other unit of local government may
prohibit, by regulation, ordinance, or resolution, the
operation of low-speed vehicles on streets under its
jurisdiction where the posted speed limit is 30 miles per hour
or less if the Department of Transportation or unit of local
government determines that the public safety would be
jeopardized.
    (d) Upon determining that low-speed vehicles may not safely
operate on a street, and upon the adoption of an ordinance or
resolution by a unit of local government, or regulation by the
Department of Transportation, the operation of low-speed
vehicles may be prohibited. The unit of local government or the
Department of Transportation may prohibit the operation of
low-speed vehicles on any and all streets under its
jurisdiction. Appropriate signs shall be posted in conformance
with the State Manual on Uniform Traffic Control Devices
adopted pursuant to Section 11-301 of this Code.
    (e) If a street is under the jurisdiction of more than one
unit of local government, or under the jurisdiction of the
Department of Transportation and one or more units of local
government, low-speed vehicles may be operated on the street
unless each unit of local government and the Department of
Transportation agree and take action to prohibit such operation
as provided in this Section.
    (e-5) A unit of local government may, by ordinance or
resolution, authorize the operation of low-speed vehicles on
one or more streets under its jurisdiction that have a speed
limit of more than 30 miles per hour but not greater than 35
miles per hour.
    Before authorizing the operation of low-speed vehicles on
any street under this subsection (e-5), the unit of local
government must consider the volume, speed, and character of
traffic on the street and determine whether low-speed vehicles
may travel safely on that street.
    If a street is under the jurisdiction of more than one unit
of government, low-speed vehicles may not be operated on the
street under this subsection (e-5) unless each unit of
government agrees and takes action as provided in this
subsection.
    Upon the adoption of an ordinance authorizing low-speed
vehicles under this subsection (e-5), appropriate signs shall
be posted.
    (f) No low-speed vehicle may be operated on any street
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 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
street, a low-speed vehicle shall have its headlight and tail
lamps lighted as required by Section 12-201 of this Code. The
low-speed vehicle shall also have signs or decals permanently
and conspicuously affixed to the rear of the vehicle and the
dashboard of the vehicle stating "This Vehicle May Not Be
Operated on Streets With Speed Limits in Excess of 30 m.p.h."
The lettering of the sign or decal on the rear of the vehicle
shall be not less than 2 inches in height. The lettering on the
sign or decal on the dashboard shall be not less than one-half
inch in height.
    (g) A person may not operate a low-speed vehicle upon any
street 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
a foreign jurisdiction.
    (h) The operation of a low-speed vehicle upon any street is
subject to the provisions of Chapter 11 of this Code concerning
the Rules of the Road, and applicable local ordinances.
    (i) Every owner of a low-speed vehicle is subject to the
mandatory insurance requirements specified in Article VI of
Chapter 7 of this Code.
    (j) Any person engaged in the retail sale of low-speed
vehicles are required to comply with the motor vehicle dealer
licensing, registration, and bonding laws of this State, as
specified in Sections 5-101 and 5-102 of this Code.
    (k) No action taken by a unit of local government under
this Section designates the operation of a low-speed 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. 96-653, eff. 1-1-10; 96-1434, eff. 8-11-10.)
 
    (625 ILCS 5/1-148.3m rep.)
    Section 10. The Illinois Vehicle Code is amended by
repealing Section 1-148.3m.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/14/2011