Bill Text: IL HB3459 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Provides that it shall be permissible to operate a non-highway vehicle on all roadways within the boundaries of a municipality with a total population less than 10,000 persons and population density of less than 750 persons per square mile, and the municipality has authorized the use of non-highway vehicles. Provides that a non-highway vehicle being operated within a municipality under the provisions shall be operated only by: (i) a disabled veteran who would be otherwise eligible for a disabled veteran registration plate and who has been issued a person with disabilities parking placard; (ii) on the farthest outside lane or shoulder of a roadway with a speed limit not in excess of 35 miles per hour; (iii) for a distance of less than 5 miles per one-way trip from the point of origin to the point of destination; (iv) with the person with disabilities parking placard displayed; and (v) without crossing any toll roads or limited-access highways. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-02-17 - Referred to Rules Committee [HB3459 Detail]

Download: Illinois-2023-HB3459-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3459 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-1426.1
Amends the Illinois Vehicle Code. Provides that it shall be permissible to operate a non-highway vehicle on all roadways within the boundaries of a municipality with a total population less than 10,000 persons and population density of less than 750 persons per square mile, and the municipality has authorized the use of non-highway vehicles. Provides that a non-highway vehicle being operated within a municipality under the provisions shall be operated only by: (i) a disabled veteran who would be otherwise eligible for a disabled veteran registration plate and who has been issued a person with disabilities parking placard; (ii) on the farthest outside lane or shoulder of a roadway with a speed limit not in excess of 35 miles per hour; (iii) for a distance of less than 5 miles per one-way trip from the point of origin to the point of destination; (iv) with the person with disabilities parking placard displayed; and (v) without crossing any toll roads or limited-access highways. Effective immediately.
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A BILL FOR
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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 Section 11-1426.1 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) an off-highway motorcycle, as defined by Section
1-153.1; and
(4) 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

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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) No person operating a non-highway vehicle shall make a
direct crossing upon or across any tollroad, interstate
highway, or controlled access highway in this State. No person
operating a non-highway vehicle shall make a direct crossing
upon or across any other highway under the jurisdiction of the
State except at an intersection of the highway with another
public street, road, or highway.
(c-5) (Blank).
(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

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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

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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) 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

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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

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Employees Tort Immunity Act.
(j) Notwithstanding any other provision of this Section,
it shall be permissible to operate a non-highway vehicle on
all roadways within the boundaries of a municipality that (i)
has a total population that does not exceed 10,000 persons,
(ii) has a population density of less than 750 persons per
square mile, and (iii) has authorized the use of non-highway
vehicles under subsection (d). A non-highway vehicle being
operated within a municipality under this Section shall be
operated only:
(1) by a disabled veteran who would be otherwise
eligible for a disabled veteran registration plate and who
has been issued a person with disabilities parking
placard;
(2) on the farthest outside lane or shoulder of a
roadway with a speed limit not in excess of 35 miles per
hour;
(3) for a distance of less than 5 miles per one-way
trip from the point of origin to the point of destination;
(4) with the person with disabilities parking placard
displayed, and the vehicle meeting the requirements set
forth in subsections (e) and (g); and
(5) without crossing any toll roads or limited-access
highways.
(Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.)
Section 99. Effective date. This Act takes effect upon

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becoming law.