Rep. Tony M. McCombie
Filed: 4/2/2024
 
 
 




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1
AMENDMENT TO HOUSE BILL 5436


2 AMENDMENT NO. ______. Amend House Bill 5436 by replacing 
3everything after the enacting clause with the following:

4 "Section 5. The Illinois Vehicle Code is amended by 
5changing Sections 3-101, 3-412, 3-821, 11-1403.3, 11-1426.1, 
6and 11-1427.5 and by adding Sections 1-136.1, 3-805.6, 
73-805.7, 11-1426.3, and 11-1427.6 as follows:

8 (625 ILCS 5/1-136.1 new)
9 Sec. 1-136.1. Large non-highway vehicle. Any motorized 
10off-highway device designed to travel primarily off-highway, 
11greater than 64 inches and not more than 75 inches in width, 
12having a manufacturer's dry weight of 3,500 pounds or less, 
13traveling on 4 or more non-highway tires, designed with a 
14non-straddle seat and a steering wheel for steering control, 
15except 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 
4vehicle which is in this State and for which no certificate of 
5title has been issued by the Secretary of State shall make 
6application to the Secretary of State for a certificate of 
7title of the vehicle.
8 (b) Every owner of a motorcycle or motor driven cycle 
9purchased new on and after January 1, 1980 shall make 
10application to the Secretary of State for a certificate of 
11title. However, if such cycle is not properly manufactured or 
12equipped for general highway use pursuant to the provisions of 
13this Act, it shall not be eligible for license registration, 
14but shall be issued a distinctive certificate of title except 
15as provided in Sections 3-102 and 3-110 of this Act.
16 (c) The Secretary of State shall not register or renew the 
17registration of a vehicle unless a certificate of title has 
18been issued by the Secretary of State to the owner or an 
19application therefor has been delivered by the owner to the 
20Secretary of State.
21 (d) Every owner of an all-terrain vehicle or off-highway 
22motorcycle purchased on or after January 1, 1998 shall make 
23application to the Secretary of State for a certificate of 
24title.
25 (e) Every owner of a low-speed vehicle manufactured after 
26January 1, 2010 shall make application to the Secretary of 
 
 
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1State for a certificate of title. 
2 (f) Every owner of a large non-highway vehicle 
3manufactured after January 1, 2010 shall make application to 
4the Secretary of State for a certificate of title.
5 (g) Every owner of a recreational off-highway vehicle 
6manufactured after January 1, 2010 shall make application to 
7the Secretary of State for a certificate of title. 
8(Source: P.A. 96-653, eff. 1-1-10; 97-983, eff. 8-17-12.)

9 (625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412)
10 Sec. 3-412. Registration plates or digital registration 
11plates and registration stickers or digital registration 
12stickers to be furnished by the Secretary of State.
13 (a) The Secretary of State upon registering a vehicle 
14subject to annual registration for the first time shall issue 
15or shall cause to be issued to the owner one registration plate 
16or digital registration plate for a motorcycle, trailer, 
17semitrailer, moped, autocycle, or truck-tractor, 2 
18registration plates, or a digital registration plate and metal 
19plate as set forth in Section 3-401.5, for other motor 
20vehicles and, where applicable, current registration stickers 
21or digital registration stickers for motor vehicles of the 
22first division. The provisions of this Section may be made 
23applicable to such vehicles of the second division, as the 
24Secretary of State may, from time to time, in his discretion 
25designate. On subsequent annual registrations during the term 
 
 
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1of the registration plate or digital registration plate as 
2provided in Section 3-414.1, the Secretary shall issue or 
3cause to be issued registration stickers or digital 
4registration stickers as evidence of current registration. 
5However, the issuance of annual registration stickers or 
6digital registration stickers to vehicles registered under the 
7provisions of Sections 3-402.1 and 3-405.3 of this Code may 
8not be required if the Secretary deems the issuance 
9unnecessary.
10 (b) Every registration plate or digital registration plate 
11shall have displayed upon it the registration number assigned 
12to the vehicle for which it is issued, the name of this State, 
13which may be abbreviated, the year number for which it was 
14issued, which may be abbreviated, the phrase "Land of Lincoln" 
15(except as otherwise provided in this Code), and such other 
16letters or numbers as the Secretary may prescribe. However, 
17for apportionment plates issued to vehicles registered under 
18Section 3-402.1 and fleet plates issued to vehicles registered 
19under Section 3-405.3, the phrase "Land of Lincoln" may be 
20omitted to allow for the word "apportioned", the word "fleet", 
21or other similar language to be displayed. Registration plates 
22or digital registration plates issued to a vehicle registered 
23as a fleet vehicle may display a designation determined by the 
24Secretary.
25 The Secretary may in his discretion prescribe that letters 
26be used as prefixes only on registration plates or digital 
 
 
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1registration plates issued to vehicles of the first division 
2which are registered under this Code and only as suffixes on 
3registration plates or digital registration plates issued to 
4other vehicles. Every registration sticker or digital 
5registration sticker issued as evidence of current 
6registration shall designate the year number for which it is 
7issued and such other letters or numbers as the Secretary may 
8prescribe and shall be of a contrasting color with the 
9registration plates or digital registration plates and 
10registration stickers or digital registration stickers of the 
11previous year.
12 (c) Each registration plate or digital registration plate 
13and the required letters and numerals thereon, except the year 
14number for which issued, shall be of sufficient size to be 
15plainly readable from a distance of 100 feet during daylight, 
16and shall be coated with reflectorizing material. The 
17dimensions of the plate issued to vehicles of the first 
18division shall be 6 by 12 inches.
19 (d) The Secretary of State shall issue for every passenger 
20motor vehicle rented without a driver the same type of 
21registration plates or digital registration plates as the type 
22of plates issued for a private passenger vehicle.
23 (e) The Secretary of State shall issue for every passenger 
24car used as a taxicab or livery, distinctive registration 
25plates or digital registration plates.
26 (f) The Secretary of State shall issue for every 
 
 
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1motorcycle distinctive registration plates or digital 
2registration plates distinguishing between motorcycles having 
3150 or more cubic centimeters piston displacement, or having 
4less than 150 cubic centimeter piston displacement.
5 (g) Registration plates or digital registration plates 
6issued to vehicles for-hire may display a designation as 
7determined by the Secretary that such vehicles are for-hire.
8 (h) (Blank).
9 (i) The Secretary of State shall issue for every public 
10and private ambulance registration plates or digital 
11registration plates identifying the vehicle as an ambulance. 
12The Secretary shall forward to the Department of Healthcare 
13and Family Services registration information for the purpose 
14of verification of claims filed with the Department by 
15ambulance owners for payment for services to public assistance 
16recipients.
17 (j) The Secretary of State shall issue for every public 
18and private medical carrier or rescue vehicle livery 
19registration plates or digital registration plates displaying 
20numbers within ranges of numbers reserved respectively for 
21medical carriers and rescue vehicles. The Secretary shall 
22forward to the Department of Healthcare and Family Services 
23registration information for the purpose of verification of 
24claims filed with the Department by owners of medical carriers 
25or rescue vehicles for payment for services to public 
26assistance recipients.
 
 
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1 (k) The Secretary of State shall issue distinctive license 
2plates or digital registration plates or distinctive license 
3plate stickers or digital registration stickers for every 
4vehicle exempted from subsections (a) and (a-5) of Section 
512-503 by subsection (g) of that Section, and by subsection 
6(g-5) of that Section before its deletion by this amendatory 
7Act of the 95th General Assembly. The Secretary shall issue 
8these plates or stickers immediately upon receiving the 
9physician's certification required under subsection (g) of 
10Section 12-503. New plates or stickers shall also be issued 
11when the certification is renewed as provided in that 
12subsection. 
13 (l) The Secretary of State shall issue distinctive 
14registration plates or digital registration plates for 
15low-speed vehicles. 
16 (m) The Secretary of State shall issue distinctive 
17registration plates or digital registration plates for 
18autocycles. The dimensions of the plate issued to autocycles 
19shall be 4 by 7 inches. 
20 (n) The Secretary of State shall issue distinctive 
21registration plates or digital registration plates for large 
22non-highway vehicles.
23 (o) The Secretary of State shall issue distinctive 
24registration plates or digital registration plates for 
25recreational 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 
3large non-highway vehicle shall make application to the 
4Secretary of State for registration, or renewal of 
5registration, at a fee of $30 every 2 years. Of each fee 
6collected for a large non-highway vehicle, $2 of each fee 
7shall be deposited into the State Police Vehicle Fund, $1 of 
8each fee shall be deposited into the Park and Conservation 
9Fund for the Department of Natural Resources to use for 
10conservation efforts, and the remainder of each fee shall be 
11deposited into the Road Fund. Counties authorizing the use of 
12utility-terrain vehicles on its roadway may assess a fee.

13 (625 ILCS 5/3-805.7 new)
14 Sec. 3-805.7. Recreational off-highway vehicle. Every 
15owner of a recreational off-highway vehicle shall make 
16application to the Secretary of State for registration, or 
17renewal of registration, at a fee of $30 every 2 years. Of each 
18fee collected for a recreational off-highway vehicle, $2 of 
19each fee shall be deposited into the State Police Vehicle 
20Fund, $1 of each fee shall be deposited into the Park and 
21Conservation Fund for the Department of Natural Resources to 
22use for conservation efforts, and the remainder of each fee 
23shall be deposited into the Road Fund. Counties authorizing 
24the use of utility-terrain vehicles on its roadway may assess 
 
 
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1a fee.

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 
5paid to the Secretary of State for the following certificates, 
6registrations or evidences of proper registration, or for 
7corrected or duplicate documents shall be in accordance with 
8the following schedule:
    
9 Certificate of Title for a large 
10non-highway vehicle and recreational 
11off-highway vehicle $35 
12 Certificate of Title for a large 
13non-highway vehicle and recreational 
14off-highway vehicle used for production 
15agriculture, or accepted by a dealer in trade $35 
16 Certificate of Title, except for an all-terrain 
17vehicle, off-highway motorcycle, or motor home, mini 
18motor home or van camper  $165
19 Certificate of Title for a motor home, mini motor 
20home, or van camper $250
21 Certificate of Title for an all-terrain vehicle
22or off-highway motorcycle$30
23 Certificate of Title for an all-terrain vehicle
24or off-highway motorcycle used for production
25agriculture, or accepted by a dealer in trade$13
 
 
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1 Certificate of Title for a low-speed vehicle$30
2 Transfer of Registration or any evidence of
3proper registration $25
4 Duplicate Registration Card for plates or other
5evidence of proper registration$3
6 Duplicate Registration Sticker or Stickers, each$20
7 Duplicate Certificate of Title $50 
8 Corrected Registration Card or Card for other
9evidence of proper registration$3
10 Corrected Certificate of Title$50
11 Salvage Certificate $20 
12 Fleet Reciprocity Permit$15
13 Prorate Decal$1
14 Prorate Backing Plate$3
15 Special Corrected Certificate of Title$15 
16 Expedited Title Service (to be charged in 
17addition to other applicable fees)$30
18 Dealer Lien Release Certificate of Title$20
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 
21co-owner, to transfer title to a spouse if the decedent-spouse 
22was the sole owner on the title, or due to a divorce; (ii) to 
23change a co-owner's name due to a marriage; or (iii) due to a 
24name 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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1issued to a county when the vehicle is forfeited to the county 
2under Article 36 of the Criminal Code of 2012. 
3 For purposes of this Section, the fee for a corrected 
4title application that also results in the issuance of a 
5duplicate title shall be the same as the fee for a duplicate 
6title. 
7 (a-5) The Secretary of State may revoke a certificate of 
8title and registration card and issue a corrected certificate 
9of title and registration card, at no fee to the vehicle owner 
10or lienholder, if there is proof that the vehicle 
11identification number is erroneously shown on the original 
12certificate of title. 
13 (a-10) The Secretary of State may issue, in connection 
14with the sale of a motor vehicle, a corrected title to a motor 
15vehicle dealer upon application and submittal of a lien 
16release letter from the lienholder listed in the files of the 
17Secretary. In the case of a title issued by another state, the 
18dealer must submit proof from the state that issued the last 
19title. The corrected title, which shall be known as a dealer 
20lien release certificate of title, shall be issued in the name 
21of the vehicle owner without the named lienholder. If the 
22motor vehicle is currently titled in a state other than 
23Illinois, the applicant must submit either (i) a letter from 
24the current lienholder releasing the lien and stating that the 
25lienholder has possession of the title; or (ii) a letter from 
26the current lienholder releasing the lien and a copy of the 
 
 
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1records of the department of motor vehicles for the state in 
2which the vehicle is titled, showing that the vehicle is 
3titled in the name of the applicant and that no liens are 
4recorded other than the lien for which a release has been 
5submitted. The fee for the dealer lien release certificate of 
6title is $20.
7 (b) The Secretary may prescribe the maximum service charge 
8to be imposed upon an applicant for renewal of a registration 
9by any person authorized by law to receive and remit or 
10transmit to the Secretary such renewal application and fees 
11therewith.
12 (c) If payment is delivered to the Office of the Secretary 
13of State as payment of any fee or tax under this Code, and such 
14payment is not honored for any reason, the registrant or other 
15person tendering the payment remains liable for the payment of 
16such fee or tax. The Secretary of State may assess a service 
17charge of $25 in addition to the fee or tax due and owing for 
18all 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 
21the dishonored payment was first delivered to the Secretary of 
22State, the Secretary of State shall assess a penalty of 25% of 
23such amount remaining unpaid.
24 All amounts payable under this Section shall be computed 
25to the nearest dollar. Out of each fee collected for 
26dishonored payments, $5 shall be deposited in the Secretary of 
 
 
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1State Special Services Fund. 
2 (d) The minimum fee and tax to be paid by any applicant for 
3apportionment of a fleet of vehicles under this Code shall be 
4$15 if the application was filed on or before the date 
5specified by the Secretary together with fees and taxes due. 
6If an application and the fees or taxes due are filed after the 
7date specified by the Secretary, the Secretary may prescribe 
8the payment of interest at the rate of 1/2 of 1% per month or 
9fraction thereof after such due date and a minimum of $8.
10 (e) Trucks, truck tractors, truck tractors with loads, and 
11motor buses, any one of which having a combined total weight in 
12excess of 12,000 lbs. shall file an application for a Fleet 
13Reciprocity Permit issued by the Secretary of State. This 
14permit shall be in the possession of any driver operating a 
15vehicle on Illinois highways. Any foreign licensed vehicle of 
16the second division operating at any time in Illinois without 
17a Fleet Reciprocity Permit or other proper Illinois 
18registration, shall subject the operator to the penalties 
19provided in Section 3-834 of this Code. For the purposes of 
20this Code, "Fleet Reciprocity Permit" means any second 
21division motor vehicle with a foreign license and used only in 
22interstate transportation of goods. The fee for such permit 
23shall be $15 per fleet which shall include all vehicles of the 
24fleet being registered.
25 (f) For purposes of this Section, "all-terrain vehicle or 
26off-highway motorcycle used for production agriculture" means 
 
 
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1any all-terrain vehicle or off-highway motorcycle used in the 
2raising of or the propagation of livestock, crops for sale for 
3human consumption, crops for livestock consumption, and 
4production seed stock grown for the propagation of feed grains 
5and the husbandry of animals or for the purpose of providing a 
6food product, including the husbandry of blood stock as a main 
7source of providing a food product. "All-terrain vehicle or 
8off-highway motorcycle used in production agriculture" also 
9means any all-terrain vehicle or off-highway motorcycle used 
10in animal husbandry, floriculture, aquaculture, horticulture, 
11and viticulture.
12 (f-5) For purposes of this Section, "large non-highway 
13vehicle and recreational off-highway vehicle used for 
14production agriculture" means any large non-highway vehicle 
15and recreational off-highway vehicle used in the raising of or 
16the propagation of livestock, crops for sale for human 
17consumption, crops for livestock consumption, and production 
18seed stock grown for the propagation of feed grains and the 
19husbandry of animals or for the purpose of providing a food 
20product, including the husbandry of blood stock as a main 
21source of providing a food product. "Large non-highway vehicle 
22and recreational off-highway vehicle used in production 
23agriculture" also means any large non-highway vehicle and 
24recreational off-highway vehicle used in animal husbandry, 
25floriculture, aquaculture, horticulture, and viticulture. 
26 (g) All of the proceeds of the additional fees imposed by 
 
 
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1Public Act 96-34 shall be deposited into the Capital Projects 
2Fund. 
3 (h) The fee for a duplicate registration sticker or 
4stickers shall be the amount required under subsection (a) or 
5the vehicle's annual registration fee amount, whichever is 
6less. 
7 (i) All of the proceeds of (1) the additional fees imposed 
8by Public Act 101-32, and (2) the $5 additional fee imposed by 
9this amendatory Act of the 102nd General Assembly for a 
10certificate of title for a motor vehicle other than an 
11all-terrain vehicle, off-highway motorcycle, or motor home, 
12mini motor home, or van camper shall be deposited into the Road 
13Fund. 
14 (j) Beginning July 1, 2023, the $10 additional fee imposed 
15by this amendatory Act of the 103rd General Assembly for a 
16Certificate of Title shall be deposited into the Secretary of 
17State Special Services Fund.
18(Source: P.A. 102-353, eff. 1-1-22; 103-8, eff. 7-1-23.)

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 
21defined in Section 1-136.1, 1-145.001, 1-147, or 1-148.2, or 
221-168.8 of this Code may use a helmet equipped with an 
23electronic intercom system permitting 2-way vocal 
24communication with drivers of any such vehicles or passengers 
25on such vehicles.
 
 
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1(Source: P.A. 90-89, eff. 1-1-98.)

2 (625 ILCS 5/11-1426.1)
3 Sec. 11-1426.1. Operation of non-highway vehicles on 
4streets, roads, and highways.
5 (a) As used in this Section, "non-highway vehicle" means a 
6motor vehicle not specifically designed to be used on a public 
7highway, 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 
16unlawful for any person to drive or operate a non-highway 
17vehicle upon any street, highway, or roadway in this State. If 
18the operation of a non-highway vehicle is authorized under 
19subsection (d), the non-highway vehicle may be operated only 
20on streets where the posted speed limit is 35 miles per hour or 
21less. This subsection (b) does not prohibit a non-highway 
22vehicle from crossing a road or street at an intersection 
23where the road or street has a posted speed limit of more than 
2435 miles per hour.
25 (b-5) A person may not operate a non-highway vehicle upon 
 
 
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1any street, highway, or roadway in this State unless he or she 
2has a valid driver's license issued in his or her name by the 
3Secretary of State or by a foreign jurisdiction.
4 (c) No person operating a non-highway vehicle shall make a 
5direct crossing upon or across any tollroad, interstate 
6highway, or controlled access highway in this State. No person 
7operating a non-highway vehicle shall make a direct crossing 
8upon or across any other highway under the jurisdiction of the 
9State except at an intersection of the highway with another 
10public street, road, or highway. 
11 (c-5) (Blank).
12 (d) A municipality, township, county, or other unit of 
13local government may authorize, by ordinance or resolution, 
14the operation of non-highway vehicles on roadways under its 
15jurisdiction if the unit of local government determines that 
16the public safety will not be jeopardized. The Department may 
17authorize the operation of non-highway vehicles on the 
18roadways under its jurisdiction if the Department determines 
19that the public safety will not be jeopardized. The unit of 
20local government or the Department may restrict the types of 
21non-highway vehicles that are authorized to be used on its 
22streets.
23 Before permitting the operation of non-highway vehicles on 
24its roadways, a municipality, township, county, other unit of 
25local government, or the Department must consider the volume, 
26speed, and character of traffic on the roadway and determine 
 
 
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1whether non-highway vehicles may safely travel on or cross the 
2roadway. Upon determining that non-highway vehicles may safely 
3operate on a roadway and the adoption of an ordinance or 
4resolution by a municipality, township, county, or other unit 
5of local government, or authorization by the Department, 
6appropriate signs shall be posted.
7 If a roadway is under the jurisdiction of more than one 
8unit of government, non-highway vehicles may not be operated 
9on the roadway unless each unit of government agrees and takes 
10action as provided in this subsection.
11 (e) No non-highway vehicle may be operated on a roadway 
12unless, at a minimum, it has the following: brakes, a steering 
13apparatus, tires, a rearview mirror, red reflectorized warning 
14devices in the front and rear, a slow moving emblem (as 
15required of other vehicles in Section 12-709 of this Code) on 
16the rear of the non-highway vehicle, a headlight that emits a 
17white light visible from a distance of 500 feet to the front, a 
18tail lamp that emits a red light visible from at least 100 feet 
19from the rear, brake lights, and turn signals. When operated 
20on a roadway, a non-highway vehicle shall have its headlight 
21and tail lamps lighted as required by Section 12-201 of this 
22Code.
23 (f) A person who drives or is in actual physical control of 
24a non-highway vehicle on a roadway while under the influence 
25is 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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1subject to Sections 11-502 through 11-502.15. 
2 (g) Any person who operates a non-highway vehicle on a 
3street, highway, or roadway shall be subject to the mandatory 
4insurance requirements under Article VI of Chapter 7 of this 
5Code. 
6 (h) It shall not be unlawful for any person to drive or 
7operate a non-highway vehicle, as defined in paragraphs (1) 
8and (4) of subsection (a) of this Section, on a county roadway 
9or township roadway for the purpose of conducting farming 
10operations to and from the home, farm, farm buildings, and any 
11adjacent or nearby farm land.
12 Non-highway vehicles, as used in this subsection (h), 
13shall not be subject to subsections (e) and (g) of this 
14Section. However, if the non-highway vehicle, as used in this 
15Section, is not covered under a motor vehicle insurance policy 
16pursuant to subsection (g) of this Section, the vehicle must 
17be covered under a farm, home, or non-highway vehicle 
18insurance policy issued with coverage amounts no less than the 
19minimum amounts set for bodily injury or death and for 
20destruction of property under Section 7-203 of this Code. 
21Non-highway vehicles operated on a county or township roadway 
22at any time between one-half hour before sunset and one-half 
23hour after sunrise must be equipped with head lamps and tail 
24lamps, and the head lamps and tail lamps must be lighted.
25 Non-highway vehicles, as used in this subsection (h), 
26shall not make a direct crossing upon or across any tollroad, 
 
 
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1interstate highway, or controlled access highway in this 
2State. 
3 Non-highway vehicles, as used in this subsection (h), 
4shall be allowed to cross a State highway, municipal street, 
5county highway, or road district highway if the operator of 
6the 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 
20this Section designates the operation of a non-highway vehicle 
21as an intended or permitted use of property with respect to 
22Section 3-102 of the Local Governmental and Governmental 
23Employees Tort Immunity Act. 
24(Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.)

25 (625 ILCS 5/11-1426.3 new)
 
 
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1 Sec. 11-1426.3. Operation of utility-type vehicles on 
2streets, roads, and highways. 
3 (a) As used in this Section, "utility-type vehicle" means 
4a motor vehicle not specifically designed to be used on a 
5public 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 
11unlawful for any person to drive or operate a utility-type 
12vehicle upon any street, highway, or roadway in this State. If 
13the operation of a utility-type vehicle is authorized under 
14subsection (d), then the utility-type vehicle may be operated 
15only during daylight hours at a maximum speed of 45 miles per 
16hour on streets where the posted speed limit is 55 miles per 
17hour or less.
18 (c) A person may not operate a utility-type vehicle upon 
19any street, highway, or roadway in this State unless he or she 
20has a valid driver's license issued in his or her name by the 
21Secretary of State or by a foreign jurisdiction and be 18 years 
22of age.
23 (d) No person operating a utility-type vehicle shall make 
24a direct crossing upon or across any tollroad, interstate 
25highway, or controlled access highway in this State. No person 
26operating a utility-type vehicle shall make a direct crossing 
 
 
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1upon or across any other highway under the jurisdiction of the 
2State except at an intersection of the highway with another 
3public street, road, or highway.
4 (e) A municipality, township, county, or other unit of 
5local government may authorize, by ordinance or resolution, 
6the operation of utility-type vehicles on roadways under its 
7jurisdiction if the unit of local government determines that 
8the public safety will not be jeopardized. The Department may 
9authorize the operation of utility-type vehicles on the 
10roadways under its jurisdiction if the Department determines 
11that the public safety will not be jeopardized. The unit of 
12local government or the Department may restrict the types of 
13utility-type vehicles that are authorized to be used on its 
14streets.
15 Before permitting the operation of utility-type vehicles 
16on its roadways, a municipality, township, county, other unit 
17of local government, or the Department must consider the 
18volume, speed, and character of traffic on the roadway and 
19determine whether utility-type vehicles may safely travel on 
20or cross the roadway. Upon determining that utility-type 
21vehicles may safely operate on a roadway and the adoption of an 
22ordinance or resolution by a municipality, township, county, 
23or other unit of local government, or authorization by the 
24Department, appropriate signs shall be posted.
25 If a roadway is under the jurisdiction of more than one 
26unit of government, utility-type vehicles may not be operated 
 
 
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1on the roadway unless each unit of government agrees and takes 
2action as provided in this subsection.
3 (f) No utility-type vehicle may be operated on a roadway 
4unless, at a minimum, it has the following: brakes, a steering 
5apparatus, tires, a rearview mirror, a windshield, a vehicle 
6identification number, a seat safety belt, a rearview mirror, 
7an exterior rearview mirror mounted on the driver's side of 
8the vehicle, red reflectorized warning devices in the front 
9and rear, a headlight that emits a white light visible from a 
10distance of 500 feet to the front, a tail lamp that emits a red 
11light visible from at least 100 feet from the rear, brake 
12lights, and turn signals. When operated on a highway, a 
13utility-type vehicle shall have its headlight and tail lamps 
14lighted at all times. A utility-type vehicle that is 
15manufactured not to exceed 40 miles per hour shall have a slow 
16moving emblem affixed to the rear of the utility-type vehicle. 
17A slow moving emblem shall not be affixed to any utility-type 
18vehicle that is manufactured to exceed 40 miles per hour.
19 (g) Any driver who drives or is in actual physical control 
20of a utility-type vehicle on a highway while under the 
21influence is subject to Sections 11-500 through 11-501.9.
22 (h) Any driver or passenger of an utility-type vehicle on 
23a highway is subject to Sections 11-502 through 11-502.15.
24 (i) Any driver or passenger of an utility-type vehicle on 
25a highway is subject to Section 12-603.1.
26 (j) Any person operating a utility-type vehicle shall ride 
 
 
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1only upon the permanent and regular seat attached thereto, and 
2such operator shall not carry any other person nor shall any 
3other person ride on a utility-type vehicle unless the 
4utility-type vehicle is designed to carry more than one person 
5and be equipped with the number of available seat safety 
6belts.
7 (k) Any person who operates a utility-type vehicle on a 
8street, highway, or roadway shall be subject to the mandatory 
9insurance requirements under Article VI of Chapter 7.
10 (l) It shall not be unlawful for any person to drive or 
11operate a utility-type vehicle on a county roadway or township 
12roadway for the purpose of conducting farming operations to 
13and from the home, farm, farm buildings, and any adjacent or 
14nearby farm land.
15 Utility-type vehicles, as used in this subsection, shall 
16not be subject to subsection (k). However, if the utility-type 
17vehicle, as used in this Section, is not covered under a motor 
18vehicle insurance policy under subsection (k), the 
19utility-type vehicle must be covered under a farm, home, or 
20utility-type vehicle insurance policy issued with coverage 
21amounts no less than the minimum amounts set for bodily injury 
22or death and for destruction of property under Section 7-203.
23 Utility-type vehicles, as used in this subsection, shall 
24not make a direct crossing upon or across any tollroad, 
25interstate highway, or controlled access highway in this 
26State.
 
 
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1 Utility-type vehicles, as used in this subsection, shall 
2be allowed to cross a State highway, municipal street, county 
3highway, or road district highway if the operator of the 
4utility-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 
18this Section designates the operation of a utility-type 
19vehicle as an intended or permitted use of property with 
20respect to Section 3-102 of the Local Governmental and 
21Governmental Employees Tort Immunity Act.
22 (n) Every owner of a utility-type vehicle which may be 
23operated upon a highway shall secure a certificate of title 
24and display valid registration.

25 (625 ILCS 5/11-1427.5)
 
 
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1 Sec. 11-1427.5. Recreational off-highway vehicles. All 
2provisions of this Code, except Section 11-1426.1, that apply 
3to an all-terrain vehicle shall apply the same to a 
4recreational off-highway vehicle.
5(Source: P.A. 96-428, eff. 8-13-09.)