Illinois General Assembly - Full Text of HB2942
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Full Text of HB2942  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/16/2023, by Rep. Dan Swanson


625 ILCS 5/1-101.8  from Ch. 95 1/2, par. 1-102.02
625 ILCS 5/11-1426.1
625 ILCS 5/11-1426.3 new

    Amends the Illinois Vehicle Code. Changes the definition of "all-terrain vehicle" to mean certain vehicles that are 74 (instead of 50) inches or less in width. Permits the operation of all-terrain vehicles meeting certain criteria on any street, roadway, or highway in this State, unless the highway is an interstate system or is near a grade-separated portion of the highway. Provides that an all-terrain vehicle may be registered in the same manner as provided for snowmobiles and shall comply with the registration, fees, insurance, and other requirements for snowmobiles under the Snowmobile Registration and Safety Act. Outlines the vehicle equipment requirements for the operation of an all-terrain vehicle on a roadway. Makes other changes.

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HB2942LRB103 29824 MXP 56232 b

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 Sections 1-101.8 and 11-1426.1 and by adding Section
611-1426.3 as follows:
7    (625 ILCS 5/1-101.8)  (from Ch. 95 1/2, par. 1-102.02)
8    Sec. 1-101.8. All-terrain vehicle. Any motorized
9off-highway device designed to travel primarily off-highway,
1074 50 inches or less in width, having a manufacturer's dry
11weight of 1,500 pounds or less, traveling on 3 or more
12non-highway tires, designed with a seat or saddle for operator
13use, and handlebars or steering wheel for steering control,
14except equipment such as lawnmowers.
15(Source: P.A. 96-428, eff. 8-13-09.)
16    (625 ILCS 5/11-1426.1)
17    Sec. 11-1426.1. Operation of non-highway vehicles on
18streets, roads, and highways.
19    (a) As used in this Section, "non-highway vehicle" means a
20motor vehicle not specifically designed to be used on a public
21highway, including:
22        (1) (blank); an all-terrain vehicle, as defined by



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1    Section 1-101.8 of this Code;
2        (2) a golf cart, as defined by Section 1-123.9;
3        (3) an off-highway motorcycle, as defined by Section
4    1-153.1; and
5        (4) a recreational off-highway vehicle, as defined by
6    Section 1-168.8.
7    (b) Except as otherwise provided in this Section, it is
8unlawful for any person to drive or operate a non-highway
9vehicle upon any street, highway, or roadway in this State. If
10the operation of a non-highway vehicle is authorized under
11subsection (d), the non-highway vehicle may be operated only
12on streets where the posted speed limit is 35 miles per hour or
13less. This subsection (b) does not prohibit a non-highway
14vehicle from crossing a road or street at an intersection
15where the road or street has a posted speed limit of more than
1635 miles per hour.
17    (b-5) A person may not operate a non-highway vehicle upon
18any street, highway, or roadway in this State unless he or she
19has a valid driver's license issued in his or her name by the
20Secretary of State or by a foreign jurisdiction.
21    (c) No person operating a non-highway vehicle shall make a
22direct crossing upon or across any tollroad, interstate
23highway, or controlled access highway in this State. No person
24operating a non-highway vehicle shall make a direct crossing
25upon or across any other highway under the jurisdiction of the
26State except at an intersection of the highway with another



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1public street, road, or highway.
2    (c-5) (Blank).
3    (d) A municipality, township, county, or other unit of
4local government may authorize, by ordinance or resolution,
5the operation of non-highway vehicles on roadways under its
6jurisdiction if the unit of local government determines that
7the public safety will not be jeopardized. The Department may
8authorize the operation of non-highway vehicles on the
9roadways under its jurisdiction if the Department determines
10that the public safety will not be jeopardized. The unit of
11local government or the Department may restrict the types of
12non-highway vehicles that are authorized to be used on its
14    Before permitting the operation of non-highway vehicles on
15its roadways, a municipality, township, county, other unit of
16local government, or the Department must consider the volume,
17speed, and character of traffic on the roadway and determine
18whether non-highway vehicles may safely travel on or cross the
19roadway. Upon determining that non-highway vehicles may safely
20operate on a roadway and the adoption of an ordinance or
21resolution by a municipality, township, county, or other unit
22of local government, or authorization by the Department,
23appropriate signs shall be posted.
24    If a roadway is under the jurisdiction of more than one
25unit of government, non-highway vehicles may not be operated
26on the roadway unless each unit of government agrees and takes



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1action as provided in this subsection.
2    (e) No non-highway vehicle may be operated on a roadway
3unless, at a minimum, it has the following: brakes, a steering
4apparatus, tires, a rearview mirror, red reflectorized warning
5devices in the front and rear, a slow moving emblem (as
6required of other vehicles in Section 12-709 of this Code) on
7the rear of the non-highway vehicle, a headlight that emits a
8white light visible from a distance of 500 feet to the front, a
9tail lamp that emits a red light visible from at least 100 feet
10from the rear, brake lights, and turn signals. When operated
11on a roadway, a non-highway vehicle shall have its headlight
12and tail lamps lighted as required by Section 12-201 of this
14    (f) A person who drives or is in actual physical control of
15a non-highway vehicle on a roadway while under the influence
16is subject to Sections 11-500 through 11-502 of this Code.
17    (g) Any person who operates a non-highway vehicle on a
18street, highway, or roadway shall be subject to the mandatory
19insurance requirements under Article VI of Chapter 7 of this
21    (h) It shall not be unlawful for any person to drive or
22operate a non-highway vehicle, as defined in paragraphs (1)
23and (4) of subsection (a) of this Section, on a county roadway
24or township roadway for the purpose of conducting farming
25operations to and from the home, farm, farm buildings, and any
26adjacent or nearby farm land.



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1    Non-highway vehicles, as used in this subsection (h),
2shall not be subject to subsections (e) and (g) of this
3Section. However, if the non-highway vehicle, as used in this
4Section, is not covered under a motor vehicle insurance policy
5pursuant to subsection (g) of this Section, the vehicle must
6be covered under a farm, home, or non-highway vehicle
7insurance policy issued with coverage amounts no less than the
8minimum amounts set for bodily injury or death and for
9destruction of property under Section 7-203 of this Code.
10Non-highway vehicles operated on a county or township roadway
11at any time between one-half hour before sunset and one-half
12hour after sunrise must be equipped with head lamps and tail
13lamps, and the head lamps and tail lamps must be lighted.
14    Non-highway vehicles, as used in this subsection (h),
15shall not make a direct crossing upon or across any tollroad,
16interstate highway, or controlled access highway in this
18    Non-highway vehicles, as used in this subsection (h),
19shall be allowed to cross a State highway, municipal street,
20county highway, or road district highway if the operator of
21the 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
7    another public street, road, or highway.
8    (i) No action taken by a unit of local government under
9this Section designates the operation of a non-highway vehicle
10as an intended or permitted use of property with respect to
11Section 3-102 of the Local Governmental and Governmental
12Employees Tort Immunity Act.
13(Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.)
14    (625 ILCS 5/11-1426.3 new)
15    Sec. 11-1426.3. Operation of an all-terrain vehicle on
16streets, roads, and highways.
17    (a) Except as provided in subsection (b), an individual
18may operate an all-terrain vehicle, as defined by Section
191-101.8 of this Code, on a street, roadway, or highway if the
20all-terrain vehicle has a combustion engine with a piston or
21rotor displacement of 400 cubic centimeters or greater and is
22capable of maintaining speeds of 40 miles per hour or greater.
23    (b) An individual may not operate an all-terrain vehicle
24on a highway if:
25        (1) the highway is an interstate system; or



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1        (2) the highway is near a grade-separated portion of
2    the highway.
3    Nothing in this Section authorizes the operation of an
4all-terrain vehicle in an area that is not open to motor
5vehicle use.
6    (c) An all-terrain vehicle may be registered in the same
7manner as provided for snowmobiles and shall comply with the
8registration, fees, insurance, and other requirements for
9snowmobiles pursuant to the Snowmobile Registration and Safety
11    Of the $20 registration fee, $15 shall be distributed to
12the Department of Natural Resources for the improvement of
13state parks, and $5 shall be distributed to the Tick,
14Research, Education, and Evaluation (TREE) Fund. The TREE Fund
15shall be paid as grants to the Illinois Lyme Association for
16the ordinary and contingent expenses associated with the TREE
18    (d) The owner of an all-terrain vehicle shall ensure that
19the vehicle is equipped with:
20        (1) 2 headlamps;
21        (2) 2 tail lamps;
22        (3) 2 brake lamps;
23        (4) a tail lamp or other lamp constructed and placed
24    to illuminate the registration plate with a white light;
25        (5) one or more red reflectors on the rear;
26        (6) amber or red flashing electric turn signals, one



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1    on each side of the front and rear;
2        (7) a braking system, other than a parking brake;
3        (8) a horn or other warning device;
4        (9) a muffler and, if required by an applicable
5    federal statute or rule, an emission control system;
6        (10) rearview mirrors on the right and left side of
7    the driver;
8        (11) a windshield, unless the operator wears eye
9    protection while operating the vehicle;
10        (12) a speedometer, illuminated for nighttime
11    operation;
12        (13) for vehicles designed by the manufacturer for
13    carrying one or more passengers, a bench seat or
14    side-by-side seat equipped with a seat safety belt for
15    each passenger;
16        (14) four wheels in contact with the ground, with
17    tires that have at least 2/32 inches or greater tire
18    tread; and
19        (15) a roll cage.