Bill Text: IL SB3168 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Illinois Vehicle Code. Provides that "streets, roads, and highways" has the meaning provided in the Illinois Highway Code. Provides that non-highway vehicles may be operated on roads and highways (in addition to streets) where the posted speed limit is 35 miles per hour or less within a municipality or 55 miles per hour or less outside of a municipality.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-01-09 - Session Sine Die [SB3168 Detail]
Download: Illinois-2017-SB3168-Introduced.html
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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 | (a-5) As used in this Section, "streets, roads, and | |||||||||||||||||||
20 | highways" shall be defined as in the Highway Code. | |||||||||||||||||||
21 | (b) Except as otherwise provided in this Section, it is | |||||||||||||||||||
22 | unlawful
for any person to drive or operate a non-highway | |||||||||||||||||||
23 | vehicle
upon any street, highway, or roadway in this State. If |
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1 | the operation of a non-highway vehicle is authorized under | ||||||
2 | subsection (d), the non-highway vehicle may be operated only on | ||||||
3 | streets , roads, and highways where the posted speed limit is 35 | ||||||
4 | miles per hour or less within a municipality or 55 miles per | ||||||
5 | hour or less outside of a municipality . This subsection (b) | ||||||
6 | does not prohibit a non-highway vehicle from crossing a road or | ||||||
7 | street at an intersection where the road or street has a posted | ||||||
8 | speed limit of more than 35 miles per hour. | ||||||
9 | (b-5) A person may not operate a non-highway vehicle upon | ||||||
10 | any street, highway, or roadway in this State unless he or she | ||||||
11 | has a valid driver's license issued in his or her name by the | ||||||
12 | Secretary of State or by a foreign jurisdiction. | ||||||
13 | (c) No person operating a non-highway vehicle shall make a | ||||||
14 | direct crossing upon or across any tollroad,
interstate | ||||||
15 | highway, or controlled access highway in this State. No person | ||||||
16 | operating a non-highway vehicle shall make a direct crossing | ||||||
17 | upon or across any other highway under the jurisdiction of the | ||||||
18 | State except at an intersection of the highway with another | ||||||
19 | public street, road, or highway. | ||||||
20 | (c-5) (Blank). | ||||||
21 | (d) A municipality, township, county, or other unit of | ||||||
22 | local government may authorize, by ordinance or resolution, the | ||||||
23 | operation of non-highway vehicles on roadways under its | ||||||
24 | jurisdiction if the unit of local government determines that | ||||||
25 | the public safety will not be jeopardized. The Department may | ||||||
26 | authorize
the operation of non-highway vehicles on the roadways |
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1 | under its jurisdiction if the Department determines that the | ||||||
2 | public safety will not be jeopardized. The unit of local | ||||||
3 | government or the Department may restrict the types of | ||||||
4 | non-highway vehicles that are authorized to be used on its | ||||||
5 | streets. | ||||||
6 | Before permitting the operation of non-highway vehicles on | ||||||
7 | its roadways,
a municipality, township, county, other unit of | ||||||
8 | local government, or the Department must consider the volume, | ||||||
9 | speed, and character of traffic on the roadway and determine | ||||||
10 | whether non-highway vehicles may safely travel on or cross the | ||||||
11 | roadway. Upon determining that non-highway vehicles may safely | ||||||
12 | operate on a roadway and the adoption of an ordinance or | ||||||
13 | resolution by a municipality, township, county, or other unit | ||||||
14 | of local government, or authorization by the Department, | ||||||
15 | appropriate signs shall be posted. | ||||||
16 | If a roadway is under the jurisdiction of more than one | ||||||
17 | unit of government, non-highway vehicles may not be operated on | ||||||
18 | the roadway unless each
unit of government agrees and takes | ||||||
19 | action as provided in this subsection. | ||||||
20 | (e) No non-highway vehicle may be operated on a roadway | ||||||
21 | unless, at a minimum, it has
the following: brakes, a steering | ||||||
22 | apparatus, tires, a rearview mirror, red reflectorized warning | ||||||
23 | devices in the front and rear, a slow moving emblem (as | ||||||
24 | required of other vehicles in Section 12-709 of this Code) on | ||||||
25 | the rear of the non-highway vehicle, a headlight that emits a | ||||||
26 | white light visible from a distance of 500 feet to the front, a |
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1 | tail lamp that emits a
red light visible from at least 100 feet | ||||||
2 | from the rear, brake lights, and turn signals. When operated on | ||||||
3 | a roadway, a non-highway vehicle shall have its headlight and | ||||||
4 | tail lamps lighted as required by Section 12-201 of this Code. | ||||||
5 | (f) A person who drives or is in actual physical control of | ||||||
6 | a non-highway vehicle on a roadway while under the influence is | ||||||
7 | subject to Sections 11-500 through 11-502 of this Code. | ||||||
8 | (g) Any person who operates a non-highway vehicle on a | ||||||
9 | street, highway, or roadway shall be subject to the mandatory | ||||||
10 | insurance requirements under Article VI of Chapter 7 of this | ||||||
11 | Code. | ||||||
12 | (h) It shall not be unlawful for any person to drive or | ||||||
13 | operate a non-highway vehicle, as defined in paragraphs (1) and | ||||||
14 | (4) of subsection (a) of this Section, on a county roadway or | ||||||
15 | township roadway for the purpose of conducting farming | ||||||
16 | operations to and from the home, farm, farm buildings, and any | ||||||
17 | adjacent or nearby farm land. | ||||||
18 | Non-highway vehicles, as used in this subsection (h), shall | ||||||
19 | not be subject to subsections (e) and (g) of this Section. | ||||||
20 | However, if the non-highway vehicle, as used in this Section, | ||||||
21 | is not covered under a motor vehicle insurance policy pursuant | ||||||
22 | to subsection (g) of this Section, the vehicle must be covered | ||||||
23 | under a farm, home, or non-highway vehicle insurance policy | ||||||
24 | issued with coverage amounts no less than the minimum amounts | ||||||
25 | set for bodily injury or death and for destruction of property | ||||||
26 | under Section 7-203 of this Code. Non-highway vehicles operated |
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1 | on a county or township roadway at any time between one-half | ||||||
2 | hour before sunset and one-half hour after sunrise must be | ||||||
3 | equipped with head lamps and tail lamps, and the head lamps and | ||||||
4 | tail lamps must be lighted. | ||||||
5 | Non-highway vehicles, as used in this subsection (h), shall | ||||||
6 | not make a direct crossing upon or across any tollroad, | ||||||
7 | interstate highway, or controlled access highway in this State. | ||||||
8 | Non-highway vehicles, as used in this subsection (h), shall | ||||||
9 | be allowed to cross a State highway, municipal street, county | ||||||
10 | highway, or road district highway if the operator of the | ||||||
11 | non-highway vehicle makes a direct crossing provided: | ||||||
12 | (1) the crossing is made at an angle of approximately | ||||||
13 | 90 degrees to the direction of the street, road or highway | ||||||
14 | and at a place where no obstruction prevents a quick and | ||||||
15 | safe crossing; | ||||||
16 | (2) the non-highway vehicle is brought to a complete | ||||||
17 | stop before attempting a crossing; | ||||||
18 | (3) the operator of the non-highway vehicle yields the | ||||||
19 | right of way to all pedestrian and vehicular traffic which | ||||||
20 | constitutes a hazard; and | ||||||
21 | (4) that when crossing a divided highway, the crossing | ||||||
22 | is made only at an intersection of the highway with another | ||||||
23 | public street, road, or highway. | ||||||
24 | (i) No action taken by a unit of local government under | ||||||
25 | this Section designates the operation of a non-highway vehicle | ||||||
26 | as an intended or permitted use of property with respect to |
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1 | Section 3-102 of the Local Governmental and Governmental | ||||||
2 | Employees Tort Immunity Act. | ||||||
3 | (Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.)
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