Illinois General Assembly - Full Text of Public Act 098-0567
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Public Act 098-0567


 

Public Act 0567 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0567
 
SB1530 EnrolledLRB098 04216 MLW 34241 b

    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
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 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. 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). 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
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
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
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.
    (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 10. The Boat Registration and Safety Act is amended
by changing Section 4-1 as follows:
 
    (625 ILCS 45/4-1)  (from Ch. 95 1/2, par. 314-1)
    Sec. 4-1. Personal flotation devices.
    A. No person may operate a watercraft unless at least one
U.S. Coast Guard approved PFD of the following types or their
equivalent is on board for each person: Type I, Type II or Type
III.
    B. No person may operate a personal watercraft or specialty
prop-craft unless each person aboard is wearing a Type I, Type
II, Type III or Type V PFD approved by the United States Coast
Guard.
    C. No person may operate a watercraft 16 feet or more in
length, except a canoe or kayak, unless at least one Type IV
U.S. Coast Guard approved PFD or its equivalent is on board in
addition to the PFD's required in paragraph A of this Section.
    D. A U.S. Coast Guard approved Type V personal flotation
device may be carried in lieu of the Type I, II, III or IV
personal flotation device required in this Section, if the Type
V personal flotation device is approved for the activity in
which it is being used.
    E. When assisting a person on waterskis, aquaplane or
similar device, there must be one U.S. Coast Guard approved PFD
on board the watercraft for each person being assisted or towed
or worn by the person being assisted or towed.
    F. No person may operate a watercraft unless each device
required by this Section is:
        1. Readily accessible;
        2. In serviceable condition;
        3. Of the appropriate size for the person for whom it
    is intended; and
        4. Legibly marked with the U.S. Coast Guard approval
    number.
    G. Approved personal flotation devices are defined as
follows:
        Type I - A Type I personal flotation device is an
    approved device designed to turn an unconscious person in
    the water from a face downward position to a vertical or
    slightly backward position and to have more than 20 pounds
    of buoyancy.
        Type II - A Type II personal flotation device is an
    approved device designed to turn an unconscious person in
    the water from a face downward position to a vertical or
    slightly backward position and to have at least 15 1/2
    pounds of buoyancy.
        Type III - A Type III personal flotation device is an
    approved device designed to keep a conscious person in a
    vertical or slightly backward position and to have at least
    15 1/2 pounds of buoyancy.
        Type IV - A Type IV personal flotation device is an
    approved device designed to be thrown to a person in the
    water and not worn. It is designed to have at least 16 1/2
    pounds of buoyancy.
        Type V - A Type V personal flotation device is an
    approved device for restricted use and is acceptable only
    when used in the activity for which it is approved.
    H. The provisions of subsections A through G of this
Section shall not apply to sailboards.
    I. No person may operate a watercraft under 26 feet in
length unless a Type I, Type II, Type III, or Type V personal
flotation device is being properly worn by each person under
the age of 13 on board the watercraft at all times in which the
watercraft is underway; however, this requirement shall not
apply to persons who are below decks or in totally enclosed
cabin spaces. The provisions of this subsection I shall not
apply to a person operating a watercraft on private property.
    J. Racing shells, rowing sculls, racing canoes, and racing
kayaks are exempt from the PFD, of any type, carriage
requirements under this Section provided that the racing shell,
racing scull, racing canoe, or racing kayak is participating in
an event sanctioned by the Department as a PFD optional event.
The Department may adopt rules to implement this subsection.
(Source: P.A. 97-801, eff. 1-1-13.)

Effective Date: 1/1/2014