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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5144 Introduced , by Rep. Jim Sacia SYNOPSIS AS INTRODUCED:
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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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| 1 | | AN ACT concerning transportation.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Vehicle Code is amended by changing |
| 5 | | Section 11-1426.1 as follows:
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| 6 | | (625 ILCS 5/11-1426.1) |
| 7 | | Sec. 11-1426.1. Operation of non-highway vehicles on |
| 8 | | streets, roads, and highways. |
| 9 | | (a) As used in this Section, "non-highway vehicle" means a |
| 10 | | motor vehicle not specifically designed to be used on a public |
| 11 | | highway, including: |
| 12 | | (1) an all-terrain vehicle, as defined by Section |
| 13 | | 1-101.8 of this Code; |
| 14 | | (2) a golf cart, as defined by Section 1-123.9; |
| 15 | | (3) an off-highway motorcycle, as defined by Section |
| 16 | | 1-153.1; and |
| 17 | | (4) a recreational off-highway vehicle, as defined by |
| 18 | | Section 1-168.8. |
| 19 | | (b) Except as otherwise provided in this Section, it is |
| 20 | | unlawful
for any person to drive or operate a non-highway |
| 21 | | vehicle
upon any street, highway, or roadway in this State. If |
| 22 | | the operation of a non-highway vehicle is authorized under |
| 23 | | subsection (d), the non-highway vehicle may be operated only on |
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| 1 | | streets where the posted speed limit is 35 miles per hour or |
| 2 | | less. This subsection (b) does not prohibit a non-highway |
| 3 | | vehicle from crossing a road or street at an intersection where |
| 4 | | the road or street has a posted speed limit of more than 35 |
| 5 | | miles per hour. |
| 6 | | (b-5) A person may not operate a non-highway vehicle upon |
| 7 | | any street, highway, or roadway in this State unless he or she |
| 8 | | has a valid driver's license issued in his or her name by the |
| 9 | | Secretary of State or by a foreign jurisdiction. |
| 10 | | (c) Except as otherwise provided in subsection (c-5), no |
| 11 | | person operating a non-highway vehicle shall make a direct |
| 12 | | crossing upon or across any highway under the jurisdiction of |
| 13 | | the State, tollroad,
interstate highway, or controlled access |
| 14 | | highway in this State. |
| 15 | | (c-5) A person may make a direct crossing at an |
| 16 | | intersection controlled by a traffic light or 4-way stop sign |
| 17 | | upon or across a highway under the jurisdiction of the State if |
| 18 | | the speed limit on the highway is 35 miles per hour or less at |
| 19 | | the place of crossing. |
| 20 | | (d) A municipality, township, county, or other unit of |
| 21 | | local government may authorize, by ordinance or resolution, the |
| 22 | | operation of non-highway vehicles on roadways under its |
| 23 | | jurisdiction if the unit of local government determines that |
| 24 | | the public safety will not be jeopardized. The Department may |
| 25 | | authorize
the operation of non-highway vehicles on the roadways |
| 26 | | under its jurisdiction if the Department determines that the |
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| 1 | | public safety will not be jeopardized. The unit of local |
| 2 | | government or the Department may restrict the types of |
| 3 | | non-highway vehicles that are authorized to be used on its |
| 4 | | streets. |
| 5 | | Before permitting the operation of non-highway vehicles on |
| 6 | | its roadways,
a municipality, township, county, other unit of |
| 7 | | local government, or the Department must consider the volume, |
| 8 | | speed, and character of traffic on the roadway and determine |
| 9 | | whether non-highway vehicles may safely travel on or cross the |
| 10 | | roadway. Upon determining that non-highway vehicles may safely |
| 11 | | operate on a roadway and the adoption of an ordinance or |
| 12 | | resolution by a municipality, township, county, or other unit |
| 13 | | of local government, or authorization by the Department, |
| 14 | | appropriate signs shall be posted. |
| 15 | | If a roadway is under the jurisdiction of more than one |
| 16 | | unit of government, non-highway vehicles may not be operated on |
| 17 | | the roadway unless each
unit of government agrees and takes |
| 18 | | action as provided in this subsection. |
| 19 | | (e) No non-highway vehicle may be operated on a roadway |
| 20 | | unless, at a minimum, it has
the following: brakes, a steering |
| 21 | | apparatus, tires, a rearview mirror, red reflectorized warning |
| 22 | | devices in the front and rear, a slow moving emblem (as |
| 23 | | required of other vehicles in Section 12-709 of this Code) on |
| 24 | | the rear of the non-highway vehicle, a headlight that emits a |
| 25 | | white light visible from a distance of 500 feet to the front, a |
| 26 | | tail lamp that emits a
red light visible from at least 100 feet |
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| 1 | | from the rear, brake lights, and turn signals. When operated on |
| 2 | | a roadway, a non-highway vehicle shall have its headlight and |
| 3 | | tail lamps lighted as required by Section 12-201 of this Code. |
| 4 | | (f) A person who drives or is in actual physical control of |
| 5 | | a non-highway vehicle on a roadway while under the influence is |
| 6 | | subject to Sections 11-500 through 11-502 of this Code. |
| 7 | | (g) Any person who operates a non-highway vehicle on a |
| 8 | | street, highway, or roadway shall be subject to the mandatory |
| 9 | | insurance requirements under Article VI of Chapter 7 of this |
| 10 | | Code. |
| 11 | | (h) It shall not be unlawful for any person to drive or |
| 12 | | operate a non-highway vehicle, as defined in paragraphs (1) and |
| 13 | | (4) of subsection (a) of this Section, on a county roadway or |
| 14 | | township roadway for the purpose of conducting farming |
| 15 | | operations to and from the home, farm, farm buildings, and any |
| 16 | | adjacent or nearby farm land. |
| 17 | | Non-highway vehicles, as used in this subsection (h), shall |
| 18 | | not be subject to subsections (e) and (g) of this Section. |
| 19 | | However, if the non-highway vehicle, as used in this Section, |
| 20 | | is not covered under a motor vehicle insurance policy pursuant |
| 21 | | to subsection (g) of this Section, the vehicle must be covered |
| 22 | | under a farm, home, or non-highway vehicle insurance policy |
| 23 | | issued with coverage amounts no less than the minimum amounts |
| 24 | | set for bodily injury or death and for destruction of property |
| 25 | | under Section 7-203 of this Code. Non-highway vehicles operated |
| 26 | | on a county or township roadway at any time between one-half |
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| 1 | | hour before sunset and one-half hour after sunrise must be |
| 2 | | equipped with head lamps and tail lamps, and the head lamps and |
| 3 | | tail lamps must be lighted. |
| 4 | | Non-highway vehicles, as used in this subsection (h), shall |
| 5 | | not make a direct crossing upon or across any tollroad, |
| 6 | | interstate highway, or controlled access highway in this State. |
| 7 | | Non-highway vehicles, as used in this subsection (h), shall |
| 8 | | be allowed to cross a State highway, municipal street, county |
| 9 | | highway, or road district highway if the operator of the |
| 10 | | non-highway vehicle makes a direct crossing provided: |
| 11 | | (1) the crossing is made at an angle of approximately |
| 12 | | 90 degrees to the direction of the street, road or highway |
| 13 | | and at a place where no obstruction prevents a quick and |
| 14 | | safe crossing; |
| 15 | | (2) the non-highway vehicle is brought to a complete |
| 16 | | stop before attempting a crossing; |
| 17 | | (3) the operator of the non-highway vehicle yields the |
| 18 | | right of way to all pedestrian and vehicular traffic which |
| 19 | | constitutes a hazard; and |
| 20 | | (4) that when crossing a divided highway, the crossing |
| 21 | | is made only at an intersection of the highway with another |
| 22 | | public street, road, or highway. |
| 23 | | (h-5) It shall not be unlawful for any person to drive or |
| 24 | | operate a non-highway vehicle, as defined in paragraphs (1) and |
| 25 | | (4) of subsection (a) of this Section, on a county roadway or |
| 26 | | township roadway for the purpose of removing snow or ice from a |
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| 1 | | roadway by plowing, sanding, or salting. |
| 2 | | Non-highway vehicles, as used in this subsection (h-5), |
| 3 | | shall not be subject to subsections (e) and (g) of this |
| 4 | | Section. However, if the non-highway vehicle is not covered |
| 5 | | under a motor vehicle insurance policy pursuant to subsection |
| 6 | | (g) of this Section, the vehicle must be covered under a farm, |
| 7 | | home, or non-highway vehicle insurance policy issued with |
| 8 | | coverage amounts no less than the minimum amounts set for |
| 9 | | bodily injury or death and for destruction of property under |
| 10 | | Section 7-203 of this Code. Non-highway vehicles operated on a |
| 11 | | county or township roadway at any time between one-half hour |
| 12 | | before sunset and one-half hour after sunrise must be equipped |
| 13 | | with head lamps and tail lamps, and the head lamps and tail |
| 14 | | lamps must be lighted. |
| 15 | | Non-highway vehicles as used in this subsection (h-5) shall |
| 16 | | not make a direct crossing upon or across any tollroad, |
| 17 | | interstate highway, or controlled access highway in this State. |
| 18 | | Non-highway vehicles as used in this subsection (h-5) shall |
| 19 | | be allowed to cross a State highway, municipal street, county |
| 20 | | highway, or road district highway if the operator of the |
| 21 | | non-highway vehicle makes a direct crossing provided: |
| 22 | | (1) the crossing is made at an angle of approximately |
| 23 | | 90 degrees to the direction of the street, road, or highway |
| 24 | | and at a place where no obstruction prevents a quick and |
| 25 | | safe crossing; |
| 26 | | (2) the non-highway vehicle is brought to a complete |
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| 1 | | stop before attempting a crossing; |
| 2 | | (3) the operator of the non-highway vehicle yields the |
| 3 | | right of way to all pedestrian and vehicular traffic which |
| 4 | | constitutes a hazard; and |
| 5 | | (4) that when crossing a divided highway, the crossing |
| 6 | | is made only at an intersection of the highway with another |
| 7 | | public street, road, or highway. |
| 8 | | (i) No action taken by a unit of local government under |
| 9 | | this Section designates the operation of a non-highway vehicle |
| 10 | | as an intended or permitted use of property with respect to |
| 11 | | Section 3-102 of the Local Governmental and Governmental |
| 12 | | Employees Tort Immunity Act. |
| 13 | | (Source: P.A. 96-279, eff. 1-1-10; 96-1434, eff. 8-11-10; |
| 14 | | 97-144, eff. 7-14-11.)
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| 15 | | Section 99. Effective date. This Act takes effect upon |
| 16 | | becoming law.
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