Bill Text: IL HB5144 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Provides that it shall not be unlawful for any person to drive or operate certain non-highway vehicles on a county roadway or township roadway for the purpose of removing snow or ice from a roadway by plowing, sanding, or salting. Provides that the mechanical equipment and mandatory insurance requirements that generally apply to non-highway vehicles when operated on a roadway do not apply to certain non-highway vehicles used for snow removal. Provides that if non-highway vehicles used for snow removal on a roadway are not covered under a motor vehicle insurance policy, the vehicles must be covered under a farm, home, or non-highway vehicle insurance policy. Provides that the non-highway vehicles used for snow removal 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. Provides that certain non-highway vehicles used for snow removal may not cross a toll road, interstate highway, or controlled access highway but may cross a State highway, municipal street, county highway, or road district highway if specified conditions are followed by the operator. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB5144 Detail]

Download: Illinois-2011-HB5144-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB5144 Introduced , by Rep. Jim Sacia SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-1426.1
Amends the Illinois Vehicle Code. Provides that it shall not be unlawful for any person to drive or operate certain non-highway vehicles on a county roadway or township roadway for the purpose of removing snow or ice from a roadway by plowing, sanding, or salting. Provides that the mechanical equipment and mandatory insurance requirements that generally apply to non-highway vehicles when operated on a roadway do not apply to certain non-highway vehicles used for snow removal. Provides that if non-highway vehicles used for snow removal on a roadway are not covered under a motor vehicle insurance policy, the vehicles must be covered under a farm, home, or non-highway vehicle insurance policy. Provides that the non-highway vehicles used for snow removal 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. Provides that certain non-highway vehicles used for snow removal may not cross a toll road, interstate highway, or controlled access highway but may cross a State highway, municipal street, county highway, or road district highway if specified conditions are followed by the operator. 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 on

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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

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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

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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) 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

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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.
(h-5) 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 removing snow or ice from a

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roadway by plowing, sanding, or salting.
Non-highway vehicles, as used in this subsection (h-5),
shall not be subject to subsections (e) and (g) of this
Section. However, if the non-highway vehicle 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-5) 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-5) 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

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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. 96-279, eff. 1-1-10; 96-1434, eff. 8-11-10;
97-144, eff. 7-14-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.