Bill Amendment: IL HB5436 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: FREEDOM TO RIDE ACT
Status: 2024-05-22 - Added Co-Sponsor Rep. Marcus C. Evans, Jr. [HB5436 Detail]
Download: Illinois-2023-HB5436-House_Amendment_001.html
Bill Title: FREEDOM TO RIDE ACT
Status: 2024-05-22 - Added Co-Sponsor Rep. Marcus C. Evans, Jr. [HB5436 Detail]
Download: Illinois-2023-HB5436-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 5436 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 5436 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Sections 3-101, 3-412, 3-821, 11-1403.3, 11-1426.1, | ||||||
6 | and 11-1427.5 and by adding Sections 1-136.1, 3-805.6, | ||||||
7 | 3-805.7, 11-1426.3, and 11-1427.6 as follows:
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8 | (625 ILCS 5/1-136.1 new) | ||||||
9 | Sec. 1-136.1. Large non-highway vehicle. Any motorized | ||||||
10 | off-highway device designed to travel primarily off-highway, | ||||||
11 | greater than 64 inches and not more than 75 inches in width, | ||||||
12 | having a manufacturer's dry weight of 3,500 pounds or less, | ||||||
13 | traveling on 4 or more non-highway tires, designed with a | ||||||
14 | non-straddle seat and a steering wheel for steering control, | ||||||
15 | except equipment such as lawnmowers.
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1 | (625 ILCS 5/3-101) (from Ch. 95 1/2, par. 3-101) | ||||||
2 | Sec. 3-101. Certificate of title required. | ||||||
3 | (a) Except as provided in Section 3-102, every owner of a | ||||||
4 | vehicle which is in this State and for which no certificate of | ||||||
5 | title has been issued by the Secretary of State shall make | ||||||
6 | application to the Secretary of State for a certificate of | ||||||
7 | title of the vehicle. | ||||||
8 | (b) Every owner of a motorcycle or motor driven cycle | ||||||
9 | purchased new on and after January 1, 1980 shall make | ||||||
10 | application to the Secretary of State for a certificate of | ||||||
11 | title. However, if such cycle is not properly manufactured or | ||||||
12 | equipped for general highway use pursuant to the provisions of | ||||||
13 | this Act, it shall not be eligible for license registration, | ||||||
14 | but shall be issued a distinctive certificate of title except | ||||||
15 | as provided in Sections 3-102 and 3-110 of this Act. | ||||||
16 | (c) The Secretary of State shall not register or renew the | ||||||
17 | registration of a vehicle unless a certificate of title has | ||||||
18 | been issued by the Secretary of State to the owner or an | ||||||
19 | application therefor has been delivered by the owner to the | ||||||
20 | Secretary of State. | ||||||
21 | (d) Every owner of an all-terrain vehicle or off-highway | ||||||
22 | motorcycle purchased on or after January 1, 1998 shall make | ||||||
23 | application to the Secretary of State for a certificate of | ||||||
24 | title. | ||||||
25 | (e) Every owner of a low-speed vehicle manufactured after | ||||||
26 | January 1, 2010 shall make application to the Secretary of |
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1 | State for a certificate of title. | ||||||
2 | (f) Every owner of a large non-highway vehicle | ||||||
3 | manufactured after January 1, 2010 shall make application to | ||||||
4 | the Secretary of State for a certificate of title. | ||||||
5 | (g) Every owner of a recreational off-highway vehicle | ||||||
6 | manufactured after January 1, 2010 shall make application to | ||||||
7 | the Secretary of State for a certificate of title. | ||||||
8 | (Source: P.A. 96-653, eff. 1-1-10; 97-983, eff. 8-17-12.)
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9 | (625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412) | ||||||
10 | Sec. 3-412. Registration plates or digital registration | ||||||
11 | plates and registration stickers or digital registration | ||||||
12 | stickers to be furnished by the Secretary of State. | ||||||
13 | (a) The Secretary of State upon registering a vehicle | ||||||
14 | subject to annual registration for the first time shall issue | ||||||
15 | or shall cause to be issued to the owner one registration plate | ||||||
16 | or digital registration plate for a motorcycle, trailer, | ||||||
17 | semitrailer, moped, autocycle, or truck-tractor, 2 | ||||||
18 | registration plates, or a digital registration plate and metal | ||||||
19 | plate as set forth in Section 3-401.5, for other motor | ||||||
20 | vehicles and, where applicable, current registration stickers | ||||||
21 | or digital registration stickers for motor vehicles of the | ||||||
22 | first division. The provisions of this Section may be made | ||||||
23 | applicable to such vehicles of the second division, as the | ||||||
24 | Secretary of State may, from time to time, in his discretion | ||||||
25 | designate. On subsequent annual registrations during the term |
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1 | of the registration plate or digital registration plate as | ||||||
2 | provided in Section 3-414.1, the Secretary shall issue or | ||||||
3 | cause to be issued registration stickers or digital | ||||||
4 | registration stickers as evidence of current registration. | ||||||
5 | However, the issuance of annual registration stickers or | ||||||
6 | digital registration stickers to vehicles registered under the | ||||||
7 | provisions of Sections 3-402.1 and 3-405.3 of this Code may | ||||||
8 | not be required if the Secretary deems the issuance | ||||||
9 | unnecessary. | ||||||
10 | (b) Every registration plate or digital registration plate | ||||||
11 | shall have displayed upon it the registration number assigned | ||||||
12 | to the vehicle for which it is issued, the name of this State, | ||||||
13 | which may be abbreviated, the year number for which it was | ||||||
14 | issued, which may be abbreviated, the phrase "Land of Lincoln" | ||||||
15 | (except as otherwise provided in this Code), and such other | ||||||
16 | letters or numbers as the Secretary may prescribe. However, | ||||||
17 | for apportionment plates issued to vehicles registered under | ||||||
18 | Section 3-402.1 and fleet plates issued to vehicles registered | ||||||
19 | under Section 3-405.3, the phrase "Land of Lincoln" may be | ||||||
20 | omitted to allow for the word "apportioned", the word "fleet", | ||||||
21 | or other similar language to be displayed. Registration plates | ||||||
22 | or digital registration plates issued to a vehicle registered | ||||||
23 | as a fleet vehicle may display a designation determined by the | ||||||
24 | Secretary. | ||||||
25 | The Secretary may in his discretion prescribe that letters | ||||||
26 | be used as prefixes only on registration plates or digital |
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1 | registration plates issued to vehicles of the first division | ||||||
2 | which are registered under this Code and only as suffixes on | ||||||
3 | registration plates or digital registration plates issued to | ||||||
4 | other vehicles. Every registration sticker or digital | ||||||
5 | registration sticker issued as evidence of current | ||||||
6 | registration shall designate the year number for which it is | ||||||
7 | issued and such other letters or numbers as the Secretary may | ||||||
8 | prescribe and shall be of a contrasting color with the | ||||||
9 | registration plates or digital registration plates and | ||||||
10 | registration stickers or digital registration stickers of the | ||||||
11 | previous year. | ||||||
12 | (c) Each registration plate or digital registration plate | ||||||
13 | and the required letters and numerals thereon, except the year | ||||||
14 | number for which issued, shall be of sufficient size to be | ||||||
15 | plainly readable from a distance of 100 feet during daylight, | ||||||
16 | and shall be coated with reflectorizing material. The | ||||||
17 | dimensions of the plate issued to vehicles of the first | ||||||
18 | division shall be 6 by 12 inches. | ||||||
19 | (d) The Secretary of State shall issue for every passenger | ||||||
20 | motor vehicle rented without a driver the same type of | ||||||
21 | registration plates or digital registration plates as the type | ||||||
22 | of plates issued for a private passenger vehicle. | ||||||
23 | (e) The Secretary of State shall issue for every passenger | ||||||
24 | car used as a taxicab or livery, distinctive registration | ||||||
25 | plates or digital registration plates. | ||||||
26 | (f) The Secretary of State shall issue for every |
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1 | motorcycle distinctive registration plates or digital | ||||||
2 | registration plates distinguishing between motorcycles having | ||||||
3 | 150 or more cubic centimeters piston displacement, or having | ||||||
4 | less than 150 cubic centimeter piston displacement. | ||||||
5 | (g) Registration plates or digital registration plates | ||||||
6 | issued to vehicles for-hire may display a designation as | ||||||
7 | determined by the Secretary that such vehicles are for-hire. | ||||||
8 | (h) (Blank). | ||||||
9 | (i) The Secretary of State shall issue for every public | ||||||
10 | and private ambulance registration plates or digital | ||||||
11 | registration plates identifying the vehicle as an ambulance. | ||||||
12 | The Secretary shall forward to the Department of Healthcare | ||||||
13 | and Family Services registration information for the purpose | ||||||
14 | of verification of claims filed with the Department by | ||||||
15 | ambulance owners for payment for services to public assistance | ||||||
16 | recipients. | ||||||
17 | (j) The Secretary of State shall issue for every public | ||||||
18 | and private medical carrier or rescue vehicle livery | ||||||
19 | registration plates or digital registration plates displaying | ||||||
20 | numbers within ranges of numbers reserved respectively for | ||||||
21 | medical carriers and rescue vehicles. The Secretary shall | ||||||
22 | forward to the Department of Healthcare and Family Services | ||||||
23 | registration information for the purpose of verification of | ||||||
24 | claims filed with the Department by owners of medical carriers | ||||||
25 | or rescue vehicles for payment for services to public | ||||||
26 | assistance recipients. |
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1 | (k) The Secretary of State shall issue distinctive license | ||||||
2 | plates or digital registration plates or distinctive license | ||||||
3 | plate stickers or digital registration stickers for every | ||||||
4 | vehicle exempted from subsections (a) and (a-5) of Section | ||||||
5 | 12-503 by subsection (g) of that Section, and by subsection | ||||||
6 | (g-5) of that Section before its deletion by this amendatory | ||||||
7 | Act of the 95th General Assembly. The Secretary shall issue | ||||||
8 | these plates or stickers immediately upon receiving the | ||||||
9 | physician's certification required under subsection (g) of | ||||||
10 | Section 12-503. New plates or stickers shall also be issued | ||||||
11 | when the certification is renewed as provided in that | ||||||
12 | subsection. | ||||||
13 | (l) The Secretary of State shall issue distinctive | ||||||
14 | registration plates or digital registration plates for | ||||||
15 | low-speed vehicles. | ||||||
16 | (m) The Secretary of State shall issue distinctive | ||||||
17 | registration plates or digital registration plates for | ||||||
18 | autocycles. The dimensions of the plate issued to autocycles | ||||||
19 | shall be 4 by 7 inches. | ||||||
20 | (n) The Secretary of State shall issue distinctive | ||||||
21 | registration plates or digital registration plates for large | ||||||
22 | non-highway vehicles. | ||||||
23 | (o) The Secretary of State shall issue distinctive | ||||||
24 | registration plates or digital registration plates for | ||||||
25 | recreational off-highway vehicles. | ||||||
26 | (Source: P.A. 101-395, eff. 8-16-19.)
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1 | (625 ILCS 5/3-805.6 new) | ||||||
2 | Sec. 3-805.6. Large non-highway vehicle. Every owner of a | ||||||
3 | large non-highway vehicle shall make application to the | ||||||
4 | Secretary of State for registration, or renewal of | ||||||
5 | registration, at a fee of $30 every 2 years. Of each fee | ||||||
6 | collected for a large non-highway vehicle, $2 of each fee | ||||||
7 | shall be deposited into the State Police Vehicle Fund, $1 of | ||||||
8 | each fee shall be deposited into the Park and Conservation | ||||||
9 | Fund for the Department of Natural Resources to use for | ||||||
10 | conservation efforts, and the remainder of each fee shall be | ||||||
11 | deposited into the Road Fund. Counties authorizing the use of | ||||||
12 | utility-terrain vehicles on its roadway may assess a fee.
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13 | (625 ILCS 5/3-805.7 new) | ||||||
14 | Sec. 3-805.7. Recreational off-highway vehicle. Every | ||||||
15 | owner of a recreational off-highway vehicle shall make | ||||||
16 | application to the Secretary of State for registration, or | ||||||
17 | renewal of registration, at a fee of $30 every 2 years. Of each | ||||||
18 | fee collected for a recreational off-highway vehicle, $2 of | ||||||
19 | each fee shall be deposited into the State Police Vehicle | ||||||
20 | Fund, $1 of each fee shall be deposited into the Park and | ||||||
21 | Conservation Fund for the Department of Natural Resources to | ||||||
22 | use for conservation efforts, and the remainder of each fee | ||||||
23 | shall be deposited into the Road Fund. Counties authorizing | ||||||
24 | the use of utility-terrain vehicles on its roadway may assess |
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1 | a fee.
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2 | (625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Sec. 3-821. Miscellaneous registration and title fees. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | (a) Except as provided under subsection (h), the fee to be | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | paid to the Secretary of State for the following certificates, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | registrations or evidences of proper registration, or for | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | corrected or duplicate documents shall be in accordance with | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | the following schedule: | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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19 | A special corrected certificate of title shall be issued | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | (i) to remove a co-owner's name due to the death of the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | co-owner, to transfer title to a spouse if the decedent-spouse | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | was the sole owner on the title, or due to a divorce; (ii) to | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | change a co-owner's name due to a marriage; or (iii) due to a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | name change under Article XXI of the Code of Civil Procedure. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | There shall be no fee paid for a Junking Certificate. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | There shall be no fee paid for a certificate of title |
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1 | issued to a county when the vehicle is forfeited to the county | ||||||
2 | under Article 36 of the Criminal Code of 2012. | ||||||
3 | For purposes of this Section, the fee for a corrected | ||||||
4 | title application that also results in the issuance of a | ||||||
5 | duplicate title shall be the same as the fee for a duplicate | ||||||
6 | title. | ||||||
7 | (a-5) The Secretary of State may revoke a certificate of | ||||||
8 | title and registration card and issue a corrected certificate | ||||||
9 | of title and registration card, at no fee to the vehicle owner | ||||||
10 | or lienholder, if there is proof that the vehicle | ||||||
11 | identification number is erroneously shown on the original | ||||||
12 | certificate of title. | ||||||
13 | (a-10) The Secretary of State may issue, in connection | ||||||
14 | with the sale of a motor vehicle, a corrected title to a motor | ||||||
15 | vehicle dealer upon application and submittal of a lien | ||||||
16 | release letter from the lienholder listed in the files of the | ||||||
17 | Secretary. In the case of a title issued by another state, the | ||||||
18 | dealer must submit proof from the state that issued the last | ||||||
19 | title. The corrected title, which shall be known as a dealer | ||||||
20 | lien release certificate of title, shall be issued in the name | ||||||
21 | of the vehicle owner without the named lienholder. If the | ||||||
22 | motor vehicle is currently titled in a state other than | ||||||
23 | Illinois, the applicant must submit either (i) a letter from | ||||||
24 | the current lienholder releasing the lien and stating that the | ||||||
25 | lienholder has possession of the title; or (ii) a letter from | ||||||
26 | the current lienholder releasing the lien and a copy of the |
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1 | records of the department of motor vehicles for the state in | ||||||
2 | which the vehicle is titled, showing that the vehicle is | ||||||
3 | titled in the name of the applicant and that no liens are | ||||||
4 | recorded other than the lien for which a release has been | ||||||
5 | submitted. The fee for the dealer lien release certificate of | ||||||
6 | title is $20. | ||||||
7 | (b) The Secretary may prescribe the maximum service charge | ||||||
8 | to be imposed upon an applicant for renewal of a registration | ||||||
9 | by any person authorized by law to receive and remit or | ||||||
10 | transmit to the Secretary such renewal application and fees | ||||||
11 | therewith. | ||||||
12 | (c) If payment is delivered to the Office of the Secretary | ||||||
13 | of State as payment of any fee or tax under this Code, and such | ||||||
14 | payment is not honored for any reason, the registrant or other | ||||||
15 | person tendering the payment remains liable for the payment of | ||||||
16 | such fee or tax. The Secretary of State may assess a service | ||||||
17 | charge of $25 in addition to the fee or tax due and owing for | ||||||
18 | all dishonored payments. | ||||||
19 | If the total amount then due and owing exceeds the sum of | ||||||
20 | $100 and has not been paid in full within 60 days from the date | ||||||
21 | the dishonored payment was first delivered to the Secretary of | ||||||
22 | State, the Secretary of State shall assess a penalty of 25% of | ||||||
23 | such amount remaining unpaid. | ||||||
24 | All amounts payable under this Section shall be computed | ||||||
25 | to the nearest dollar. Out of each fee collected for | ||||||
26 | dishonored payments, $5 shall be deposited in the Secretary of |
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1 | State Special Services Fund. | ||||||
2 | (d) The minimum fee and tax to be paid by any applicant for | ||||||
3 | apportionment of a fleet of vehicles under this Code shall be | ||||||
4 | $15 if the application was filed on or before the date | ||||||
5 | specified by the Secretary together with fees and taxes due. | ||||||
6 | If an application and the fees or taxes due are filed after the | ||||||
7 | date specified by the Secretary, the Secretary may prescribe | ||||||
8 | the payment of interest at the rate of 1/2 of 1% per month or | ||||||
9 | fraction thereof after such due date and a minimum of $8. | ||||||
10 | (e) Trucks, truck tractors, truck tractors with loads, and | ||||||
11 | motor buses, any one of which having a combined total weight in | ||||||
12 | excess of 12,000 lbs. shall file an application for a Fleet | ||||||
13 | Reciprocity Permit issued by the Secretary of State. This | ||||||
14 | permit shall be in the possession of any driver operating a | ||||||
15 | vehicle on Illinois highways. Any foreign licensed vehicle of | ||||||
16 | the second division operating at any time in Illinois without | ||||||
17 | a Fleet Reciprocity Permit or other proper Illinois | ||||||
18 | registration, shall subject the operator to the penalties | ||||||
19 | provided in Section 3-834 of this Code. For the purposes of | ||||||
20 | this Code, "Fleet Reciprocity Permit" means any second | ||||||
21 | division motor vehicle with a foreign license and used only in | ||||||
22 | interstate transportation of goods. The fee for such permit | ||||||
23 | shall be $15 per fleet which shall include all vehicles of the | ||||||
24 | fleet being registered. | ||||||
25 | (f) For purposes of this Section, "all-terrain vehicle or | ||||||
26 | off-highway motorcycle used for production agriculture" means |
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1 | any all-terrain vehicle or off-highway motorcycle used in the | ||||||
2 | raising of or the propagation of livestock, crops for sale for | ||||||
3 | human consumption, crops for livestock consumption, and | ||||||
4 | production seed stock grown for the propagation of feed grains | ||||||
5 | and the husbandry of animals or for the purpose of providing a | ||||||
6 | food product, including the husbandry of blood stock as a main | ||||||
7 | source of providing a food product. "All-terrain vehicle or | ||||||
8 | off-highway motorcycle used in production agriculture" also | ||||||
9 | means any all-terrain vehicle or off-highway motorcycle used | ||||||
10 | in animal husbandry, floriculture, aquaculture, horticulture, | ||||||
11 | and viticulture. | ||||||
12 | (f-5) For purposes of this Section, "large non-highway | ||||||
13 | vehicle and recreational off-highway vehicle used for | ||||||
14 | production agriculture" means any large non-highway vehicle | ||||||
15 | and recreational off-highway vehicle used in the raising of or | ||||||
16 | the propagation of livestock, crops for sale for human | ||||||
17 | consumption, crops for livestock consumption, and production | ||||||
18 | seed stock grown for the propagation of feed grains and the | ||||||
19 | husbandry of animals or for the purpose of providing a food | ||||||
20 | product, including the husbandry of blood stock as a main | ||||||
21 | source of providing a food product. "Large non-highway vehicle | ||||||
22 | and recreational off-highway vehicle used in production | ||||||
23 | agriculture" also means any large non-highway vehicle and | ||||||
24 | recreational off-highway vehicle used in animal husbandry, | ||||||
25 | floriculture, aquaculture, horticulture, and viticulture. | ||||||
26 | (g) All of the proceeds of the additional fees imposed by |
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1 | Public Act 96-34 shall be deposited into the Capital Projects | ||||||
2 | Fund. | ||||||
3 | (h) The fee for a duplicate registration sticker or | ||||||
4 | stickers shall be the amount required under subsection (a) or | ||||||
5 | the vehicle's annual registration fee amount, whichever is | ||||||
6 | less. | ||||||
7 | (i) All of the proceeds of (1) the additional fees imposed | ||||||
8 | by Public Act 101-32, and (2) the $5 additional fee imposed by | ||||||
9 | this amendatory Act of the 102nd General Assembly for a | ||||||
10 | certificate of title for a motor vehicle other than an | ||||||
11 | all-terrain vehicle, off-highway motorcycle, or motor home, | ||||||
12 | mini motor home, or van camper shall be deposited into the Road | ||||||
13 | Fund. | ||||||
14 | (j) Beginning July 1, 2023, the $10 additional fee imposed | ||||||
15 | by this amendatory Act of the 103rd General Assembly for a | ||||||
16 | Certificate of Title shall be deposited into the Secretary of | ||||||
17 | State Special Services Fund. | ||||||
18 | (Source: P.A. 102-353, eff. 1-1-22; 103-8, eff. 7-1-23.)
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19 | (625 ILCS 5/11-1403.3) (from Ch. 95 1/2, par. 11-1403.3) | ||||||
20 | Sec. 11-1403.3. Intercom helmets. Any driver of a vehicle | ||||||
21 | defined in Section 1-136.1, 1-145.001, 1-147, or 1-148.2 , or | ||||||
22 | 1-168.8 of this Code may use a helmet equipped with an | ||||||
23 | electronic intercom system permitting 2-way vocal | ||||||
24 | communication with drivers of any such vehicles or passengers | ||||||
25 | on such vehicles. |
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1 | (Source: P.A. 90-89, eff. 1-1-98.)
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2 | (625 ILCS 5/11-1426.1) | ||||||
3 | Sec. 11-1426.1. Operation of non-highway vehicles on | ||||||
4 | streets, roads, and highways. | ||||||
5 | (a) As used in this Section, "non-highway vehicle" means a | ||||||
6 | motor vehicle not specifically designed to be used on a public | ||||||
7 | highway, including: | ||||||
8 | (1) an all-terrain vehicle, as defined by Section | ||||||
9 | 1-101.8 of this Code; | ||||||
10 | (2) a golf cart, as defined by Section 1-123.9; | ||||||
11 | (3) an off-highway motorcycle, as defined by Section | ||||||
12 | 1-153.1; and | ||||||
13 | (4) (blank). a recreational off-highway vehicle, as | ||||||
14 | defined by Section 1-168.8. | ||||||
15 | (b) Except as otherwise provided in this Section, it is | ||||||
16 | unlawful for any person to drive or operate a non-highway | ||||||
17 | vehicle upon any street, highway, or roadway in this State. If | ||||||
18 | the operation of a non-highway vehicle is authorized under | ||||||
19 | subsection (d), the non-highway vehicle may be operated only | ||||||
20 | on streets where the posted speed limit is 35 miles per hour or | ||||||
21 | less. This subsection (b) does not prohibit a non-highway | ||||||
22 | vehicle from crossing a road or street at an intersection | ||||||
23 | where the road or street has a posted speed limit of more than | ||||||
24 | 35 miles per hour. | ||||||
25 | (b-5) A person may not operate a non-highway vehicle upon |
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1 | any street, highway, or roadway in this State unless he or she | ||||||
2 | has a valid driver's license issued in his or her name by the | ||||||
3 | Secretary of State or by a foreign jurisdiction. | ||||||
4 | (c) No person operating a non-highway vehicle shall make a | ||||||
5 | direct crossing upon or across any tollroad, interstate | ||||||
6 | highway, or controlled access highway in this State. No person | ||||||
7 | operating a non-highway vehicle shall make a direct crossing | ||||||
8 | upon or across any other highway under the jurisdiction of the | ||||||
9 | State except at an intersection of the highway with another | ||||||
10 | public street, road, or highway. | ||||||
11 | (c-5) (Blank). | ||||||
12 | (d) A municipality, township, county, or other unit of | ||||||
13 | local government may authorize, by ordinance or resolution, | ||||||
14 | the operation of non-highway vehicles on roadways under its | ||||||
15 | jurisdiction if the unit of local government determines that | ||||||
16 | the public safety will not be jeopardized. The Department may | ||||||
17 | authorize the operation of non-highway vehicles on the | ||||||
18 | roadways under its jurisdiction if the Department determines | ||||||
19 | that the public safety will not be jeopardized. The unit of | ||||||
20 | local government or the Department may restrict the types of | ||||||
21 | non-highway vehicles that are authorized to be used on its | ||||||
22 | streets. | ||||||
23 | Before permitting the operation of non-highway vehicles on | ||||||
24 | its roadways, a municipality, township, county, other unit of | ||||||
25 | local government, or the Department must consider the volume, | ||||||
26 | speed, and character of traffic on the roadway and determine |
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1 | whether non-highway vehicles may safely travel on or cross the | ||||||
2 | roadway. Upon determining that non-highway vehicles may safely | ||||||
3 | operate on a roadway and the adoption of an ordinance or | ||||||
4 | resolution by a municipality, township, county, or other unit | ||||||
5 | of local government, or authorization by the Department, | ||||||
6 | appropriate signs shall be posted. | ||||||
7 | If a roadway is under the jurisdiction of more than one | ||||||
8 | unit of government, non-highway vehicles may not be operated | ||||||
9 | on the roadway unless each unit of government agrees and takes | ||||||
10 | action as provided in this subsection. | ||||||
11 | (e) No non-highway vehicle may be operated on a roadway | ||||||
12 | unless, at a minimum, it has the following: brakes, a steering | ||||||
13 | apparatus, tires, a rearview mirror, red reflectorized warning | ||||||
14 | devices in the front and rear, a slow moving emblem (as | ||||||
15 | required of other vehicles in Section 12-709 of this Code) on | ||||||
16 | the rear of the non-highway vehicle, a headlight that emits a | ||||||
17 | white light visible from a distance of 500 feet to the front, a | ||||||
18 | tail lamp that emits a red light visible from at least 100 feet | ||||||
19 | from the rear, brake lights, and turn signals. When operated | ||||||
20 | on a roadway, a non-highway vehicle shall have its headlight | ||||||
21 | and tail lamps lighted as required by Section 12-201 of this | ||||||
22 | Code. | ||||||
23 | (f) A person who drives or is in actual physical control of | ||||||
24 | a non-highway vehicle on a roadway while under the influence | ||||||
25 | is subject to Sections 11-500 through 11-502 of this Code. | ||||||
26 | (f-5) Any driver or passenger of a non-highway vehicle is |
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1 | subject to Sections 11-502 through 11-502.15. | ||||||
2 | (g) Any person who operates a non-highway vehicle on a | ||||||
3 | street, highway, or roadway shall be subject to the mandatory | ||||||
4 | insurance requirements under Article VI of Chapter 7 of this | ||||||
5 | Code. | ||||||
6 | (h) It shall not be unlawful for any person to drive or | ||||||
7 | operate a non-highway vehicle, as defined in paragraphs (1) | ||||||
8 | and (4) of subsection (a) of this Section, on a county roadway | ||||||
9 | or township roadway for the purpose of conducting farming | ||||||
10 | operations to and from the home, farm, farm buildings, and any | ||||||
11 | adjacent or nearby farm land. | ||||||
12 | Non-highway vehicles, as used in this subsection (h), | ||||||
13 | shall not be subject to subsections (e) and (g) of this | ||||||
14 | Section. However, if the non-highway vehicle, as used in this | ||||||
15 | Section, is not covered under a motor vehicle insurance policy | ||||||
16 | pursuant to subsection (g) of this Section, the vehicle must | ||||||
17 | be covered under a farm, home, or non-highway vehicle | ||||||
18 | insurance policy issued with coverage amounts no less than the | ||||||
19 | minimum amounts set for bodily injury or death and for | ||||||
20 | destruction of property under Section 7-203 of this Code. | ||||||
21 | Non-highway vehicles operated on a county or township roadway | ||||||
22 | at any time between one-half hour before sunset and one-half | ||||||
23 | hour after sunrise must be equipped with head lamps and tail | ||||||
24 | lamps, and the head lamps and tail lamps must be lighted. | ||||||
25 | Non-highway vehicles, as used in this subsection (h), | ||||||
26 | shall not make a direct crossing upon or across any tollroad, |
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1 | interstate highway, or controlled access highway in this | ||||||
2 | State. | ||||||
3 | Non-highway vehicles, as used in this subsection (h), | ||||||
4 | shall be allowed to cross a State highway, municipal street, | ||||||
5 | county highway, or road district highway if the operator of | ||||||
6 | the non-highway vehicle makes a direct crossing provided: | ||||||
7 | (1) the crossing is made at an angle of approximately | ||||||
8 | 90 degrees to the direction of the street, road or highway | ||||||
9 | and at a place where no obstruction prevents a quick and | ||||||
10 | safe crossing; | ||||||
11 | (2) the non-highway vehicle is brought to a complete | ||||||
12 | stop before attempting a crossing; | ||||||
13 | (3) the operator of the non-highway vehicle yields the | ||||||
14 | right of way to all pedestrian and vehicular traffic which | ||||||
15 | constitutes a hazard; and | ||||||
16 | (4) that when crossing a divided highway, the crossing | ||||||
17 | is made only at an intersection of the highway with | ||||||
18 | another public street, road, or highway. | ||||||
19 | (i) No action taken by a unit of local government under | ||||||
20 | this Section designates the operation of a non-highway vehicle | ||||||
21 | as an intended or permitted use of property with respect to | ||||||
22 | Section 3-102 of the Local Governmental and Governmental | ||||||
23 | Employees Tort Immunity Act. | ||||||
24 | (Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.)
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25 | (625 ILCS 5/11-1426.3 new) |
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1 | Sec. 11-1426.3. Operation of utility-type vehicles on | ||||||
2 | streets, roads, and highways. | ||||||
3 | (a) As used in this Section, "utility-type vehicle" means | ||||||
4 | a motor vehicle not specifically designed to be used on a | ||||||
5 | public highway, including: | ||||||
6 | (1) A large non-highway vehicle, as defined by Section | ||||||
7 | 1-136.1. | ||||||
8 | (2) A recreational off-highway vehicle, as defined by | ||||||
9 | Section 1-168.8. | ||||||
10 | (b) Except as otherwise provided in this Section, it is | ||||||
11 | unlawful for any person to drive or operate a utility-type | ||||||
12 | vehicle upon any street, highway, or roadway in this State. If | ||||||
13 | the operation of a utility-type vehicle is authorized under | ||||||
14 | subsection (d), then the utility-type vehicle may be operated | ||||||
15 | only during daylight hours at a maximum speed of 45 miles per | ||||||
16 | hour on streets where the posted speed limit is 55 miles per | ||||||
17 | hour or less. | ||||||
18 | (c) A person may not operate a utility-type vehicle upon | ||||||
19 | any street, highway, or roadway in this State unless he or she | ||||||
20 | has a valid driver's license issued in his or her name by the | ||||||
21 | Secretary of State or by a foreign jurisdiction and be 18 years | ||||||
22 | of age. | ||||||
23 | (d) No person operating a utility-type vehicle shall make | ||||||
24 | a direct crossing upon or across any tollroad, interstate | ||||||
25 | highway, or controlled access highway in this State. No person | ||||||
26 | operating a utility-type vehicle shall make a direct crossing |
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| |||||||
1 | upon or across any other highway under the jurisdiction of the | ||||||
2 | State except at an intersection of the highway with another | ||||||
3 | public street, road, or highway. | ||||||
4 | (e) A municipality, township, county, or other unit of | ||||||
5 | local government may authorize, by ordinance or resolution, | ||||||
6 | the operation of utility-type vehicles on roadways under its | ||||||
7 | jurisdiction if the unit of local government determines that | ||||||
8 | the public safety will not be jeopardized. The Department may | ||||||
9 | authorize the operation of utility-type vehicles on the | ||||||
10 | roadways under its jurisdiction if the Department determines | ||||||
11 | that the public safety will not be jeopardized. The unit of | ||||||
12 | local government or the Department may restrict the types of | ||||||
13 | utility-type vehicles that are authorized to be used on its | ||||||
14 | streets. | ||||||
15 | Before permitting the operation of utility-type vehicles | ||||||
16 | on its roadways, a municipality, township, county, other unit | ||||||
17 | of local government, or the Department must consider the | ||||||
18 | volume, speed, and character of traffic on the roadway and | ||||||
19 | determine whether utility-type vehicles may safely travel on | ||||||
20 | or cross the roadway. Upon determining that utility-type | ||||||
21 | vehicles may safely operate on a roadway and the adoption of an | ||||||
22 | ordinance or resolution by a municipality, township, county, | ||||||
23 | or other unit of local government, or authorization by the | ||||||
24 | Department, appropriate signs shall be posted. | ||||||
25 | If a roadway is under the jurisdiction of more than one | ||||||
26 | unit of government, utility-type vehicles may not be operated |
| |||||||
| |||||||
1 | on the roadway unless each unit of government agrees and takes | ||||||
2 | action as provided in this subsection. | ||||||
3 | (f) No utility-type vehicle may be operated on a roadway | ||||||
4 | unless, at a minimum, it has the following: brakes, a steering | ||||||
5 | apparatus, tires, a rearview mirror, a windshield, a vehicle | ||||||
6 | identification number, a seat safety belt, a rearview mirror, | ||||||
7 | an exterior rearview mirror mounted on the driver's side of | ||||||
8 | the vehicle, red reflectorized warning devices in the front | ||||||
9 | and rear, a headlight that emits a white light visible from a | ||||||
10 | distance of 500 feet to the front, a tail lamp that emits a red | ||||||
11 | light visible from at least 100 feet from the rear, brake | ||||||
12 | lights, and turn signals. When operated on a highway, a | ||||||
13 | utility-type vehicle shall have its headlight and tail lamps | ||||||
14 | lighted at all times. A utility-type vehicle that is | ||||||
15 | manufactured not to exceed 40 miles per hour shall have a slow | ||||||
16 | moving emblem affixed to the rear of the utility-type vehicle. | ||||||
17 | A slow moving emblem shall not be affixed to any utility-type | ||||||
18 | vehicle that is manufactured to exceed 40 miles per hour. | ||||||
19 | (g) Any driver who drives or is in actual physical control | ||||||
20 | of a utility-type vehicle on a highway while under the | ||||||
21 | influence is subject to Sections 11-500 through 11-501.9. | ||||||
22 | (h) Any driver or passenger of an utility-type vehicle on | ||||||
23 | a highway is subject to Sections 11-502 through 11-502.15. | ||||||
24 | (i) Any driver or passenger of an utility-type vehicle on | ||||||
25 | a highway is subject to Section 12-603.1. | ||||||
26 | (j) Any person operating a utility-type vehicle shall ride |
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| |||||||
1 | only upon the permanent and regular seat attached thereto, and | ||||||
2 | such operator shall not carry any other person nor shall any | ||||||
3 | other person ride on a utility-type vehicle unless the | ||||||
4 | utility-type vehicle is designed to carry more than one person | ||||||
5 | and be equipped with the number of available seat safety | ||||||
6 | belts. | ||||||
7 | (k) Any person who operates a utility-type vehicle on a | ||||||
8 | street, highway, or roadway shall be subject to the mandatory | ||||||
9 | insurance requirements under Article VI of Chapter 7. | ||||||
10 | (l) It shall not be unlawful for any person to drive or | ||||||
11 | operate a utility-type vehicle on a county roadway or township | ||||||
12 | roadway for the purpose of conducting farming operations to | ||||||
13 | and from the home, farm, farm buildings, and any adjacent or | ||||||
14 | nearby farm land. | ||||||
15 | Utility-type vehicles, as used in this subsection, shall | ||||||
16 | not be subject to subsection (k). However, if the utility-type | ||||||
17 | vehicle, as used in this Section, is not covered under a motor | ||||||
18 | vehicle insurance policy under subsection (k), the | ||||||
19 | utility-type vehicle must be covered under a farm, home, or | ||||||
20 | utility-type vehicle insurance policy issued with coverage | ||||||
21 | amounts no less than the minimum amounts set for bodily injury | ||||||
22 | or death and for destruction of property under Section 7-203. | ||||||
23 | Utility-type vehicles, as used in this subsection, shall | ||||||
24 | not make a direct crossing upon or across any tollroad, | ||||||
25 | interstate highway, or controlled access highway in this | ||||||
26 | State. |
| |||||||
| |||||||
1 | Utility-type vehicles, as used in this subsection, shall | ||||||
2 | be allowed to cross a State highway, municipal street, county | ||||||
3 | highway, or road district highway if the operator of the | ||||||
4 | utility-type vehicle makes a direct crossing if: | ||||||
5 | (1) the crossing is made at an angle of approximately | ||||||
6 | 90 degrees to the direction of the street, road, or | ||||||
7 | highway and at a place where no obstruction prevents a | ||||||
8 | quick and safe crossing; | ||||||
9 | (2) the utility-type vehicle is brought to a complete | ||||||
10 | stop before attempting a crossing; | ||||||
11 | (3) the operator of the utility-type vehicle yields | ||||||
12 | the right of way to all pedestrian and vehicular traffic | ||||||
13 | which constitutes a hazard; and | ||||||
14 | (4) when crossing a divided highway, the crossing is | ||||||
15 | made only at an intersection of the highway with another | ||||||
16 | public street, road, or highway. | ||||||
17 | (m) No action taken by a unit of local government under | ||||||
18 | this Section designates the operation of a utility-type | ||||||
19 | vehicle as an intended or permitted use of property with | ||||||
20 | respect to Section 3-102 of the Local Governmental and | ||||||
21 | Governmental Employees Tort Immunity Act. | ||||||
22 | (n) Every owner of a utility-type vehicle which may be | ||||||
23 | operated upon a highway shall secure a certificate of title | ||||||
24 | and display valid registration.
| ||||||
25 | (625 ILCS 5/11-1427.5) |
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| |||||||
1 | Sec. 11-1427.5. Recreational off-highway vehicles. All | ||||||
2 | provisions of this Code , except Section 11-1426.1, that apply | ||||||
3 | to an all-terrain vehicle shall apply the same to a | ||||||
4 | recreational off-highway vehicle. | ||||||
5 | (Source: P.A. 96-428, eff. 8-13-09.)
|