103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3548

 

Introduced 2/17/2023, by Rep. Bradley Fritts

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-1426.1

    Amends the Illinois Vehicle Code. Provides that the operation of a non-highway vehicle is authorized if it is operated only on streets where the posted speed limit is 55 (rather than 35) miles per hour or less and the use of the non-highway vehicle is permitted by the unit of local government. Provides that a non-highway vehicle may cross a road or street at an intersection where the road or street has a posted speed limit of more than 55 (rather than 35) miles per hour. Provides that a county board located in a county that permits the use of a non-highway vehicle on its roadways shall not be deemed liable for crashes involving the use of a non-highway vehicle on its roadways.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by
5changing Section 11-1426.1 as follows:
 
6    (625 ILCS 5/11-1426.1)
7    Sec. 11-1426.1. Operation of non-highway vehicles on
8streets, roads, and highways.
9    (a) As used in this Section, "non-highway vehicle" means a
10motor vehicle not specifically designed to be used on a public
11highway, 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
20unlawful for any person to drive or operate a non-highway
21vehicle upon any street, highway, or roadway in this State. If
22the operation of a non-highway vehicle is authorized under
23subsection (d), the non-highway vehicle may be operated only

 

 

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1on streets where the posted speed limit is 55 35 miles per hour
2or less. This subsection (b) does not prohibit a non-highway
3vehicle from crossing a road or street at an intersection
4where the road or street has a posted speed limit of more than
555 35 miles per hour.
6    (b-5) A person may not operate a non-highway vehicle upon
7any street, highway, or roadway in this State unless he or she
8has a valid driver's license issued in his or her name by the
9Secretary of State or by a foreign jurisdiction.
10    (c) No person operating a non-highway vehicle shall make a
11direct crossing upon or across any tollroad, interstate
12highway, or controlled access highway in this State. No person
13operating a non-highway vehicle shall make a direct crossing
14upon or across any other highway under the jurisdiction of the
15State except at an intersection of the highway with another
16public street, road, or highway.
17    (c-5) (Blank).
18    (d) A municipality, township, county, or other unit of
19local government may authorize, by ordinance or resolution,
20the operation of non-highway vehicles on roadways under its
21jurisdiction if the unit of local government determines that
22the public safety will not be jeopardized. The Department may
23authorize the operation of non-highway vehicles on the
24roadways under its jurisdiction if the Department determines
25that the public safety will not be jeopardized. The unit of
26local government or the Department may restrict the types of

 

 

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1non-highway vehicles that are authorized to be used on its
2streets.
3    Before permitting the operation of non-highway vehicles on
4its roadways, a municipality, township, county, other unit of
5local government, or the Department must consider the volume,
6speed, and character of traffic on the roadway and determine
7whether non-highway vehicles may safely travel on or cross the
8roadway. Upon determining that non-highway vehicles may safely
9operate on a roadway and the adoption of an ordinance or
10resolution by a municipality, township, county, or other unit
11of local government, or authorization by the Department,
12appropriate signs shall be posted.
13    If a roadway is under the jurisdiction of more than one
14unit of government, non-highway vehicles may not be operated
15on the roadway unless each unit of government agrees and takes
16action as provided in this subsection.
17    (e) No non-highway vehicle may be operated on a roadway
18unless, at a minimum, it has the following: brakes, a steering
19apparatus, tires, a rearview mirror, red reflectorized warning
20devices in the front and rear, a slow moving emblem (as
21required of other vehicles in Section 12-709 of this Code) on
22the rear of the non-highway vehicle, a headlight that emits a
23white light visible from a distance of 500 feet to the front, a
24tail lamp that emits a red light visible from at least 100 feet
25from the rear, brake lights, and turn signals. When operated
26on a roadway, a non-highway vehicle shall have its headlight

 

 

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1and tail lamps lighted as required by Section 12-201 of this
2Code.
3    (f) A person who drives or is in actual physical control of
4a non-highway vehicle on a roadway while under the influence
5is subject to Sections 11-500 through 11-502 of this Code.
6    (g) Any person who operates a non-highway vehicle on a
7street, highway, or roadway shall be subject to the mandatory
8insurance requirements under Article VI of Chapter 7 of this
9Code.
10    (h) It shall not be unlawful for any person to drive or
11operate a non-highway vehicle, as defined in paragraphs (1)
12and (4) of subsection (a) of this Section, on a county roadway
13or township roadway for the purpose of conducting farming
14operations to and from the home, farm, farm buildings, and any
15adjacent or nearby farm land.
16    Non-highway vehicles, as used in this subsection (h),
17shall not be subject to subsections (e) and (g) of this
18Section. However, if the non-highway vehicle, as used in this
19Section, is not covered under a motor vehicle insurance policy
20pursuant to subsection (g) of this Section, the vehicle must
21be covered under a farm, home, or non-highway vehicle
22insurance policy issued with coverage amounts no less than the
23minimum amounts set for bodily injury or death and for
24destruction of property under Section 7-203 of this Code.
25Non-highway vehicles operated on a county or township roadway
26at any time between one-half hour before sunset and one-half

 

 

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1hour after sunrise must be equipped with head lamps and tail
2lamps, and the head lamps and tail lamps must be lighted.
3    Non-highway vehicles, as used in this subsection (h),
4shall not make a direct crossing upon or across any tollroad,
5interstate highway, or controlled access highway in this
6State.
7    Non-highway vehicles, as used in this subsection (h),
8shall be allowed to cross a State highway, municipal street,
9county highway, or road district highway if the operator of
10the 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
22    another public street, road, or highway.
23    (i) No action taken by a unit of local government under
24this Section designates the operation of a non-highway vehicle
25as an intended or permitted use of property with respect to
26Section 3-102 of the Local Governmental and Governmental

 

 

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1Employees Tort Immunity Act.
2    (j) A county board located in a county that permits the use
3of a non-highway vehicle on its roadways shall not be deemed
4liable for crashes involving the use of a non-highway vehicle
5on its roadways.
6(Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.)