Illinois General Assembly - Full Text of HB5436
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB5436  103rd General Assembly

HB5436 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5436

 

Introduced 2/9/2024, by Rep. Tony M. McCombie

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/3-412  from Ch. 95 1/2, par. 3-412
625 ILCS 5/3-805.6 new
625 ILCS 5/11-1426.1
625 ILCS 5/11-1426.3 new

    Amends the Illinois Vehicle Code. Permits the operation of an all-terrain vehicle that meets certain criteria on any street, roadway, or highway in the State, unless the highway is an interstate system, is near a grade-separated portion of the highway, is within a municipality, or has a posted speed limit higher than 45 miles per hour. Provides that an all-terrain vehicle must be registered with the Secretary of State if the all-terrain vehicle is operated on roads within the State. Provides for the distribution of registration fees. Outlines the vehicle equipment requirements for the operation of an all-terrain vehicle on a roadway. Establishes that a township, county, or other unit of local government may authorize, by ordinance or resolution, the operation of all-terrain vehicles on roadways under its jurisdiction if the unit of local government determines that the public safety will not be jeopardized. Requires a non-highway vehicle that is manufactured not to exceed 40 miles per hour to have a slow moving emblem on the rear of the non-highway vehicle. Provides that the Department of Transportation may authorize the operation of all-terrain vehicles on the roadways under its jurisdiction if the Department determines that the public safety will not be jeopardized. Allows a unit of local government or the Department to restrict the types of all-terrain vehicles that are authorized to be used on its streets. Provides that a unit of local government that permits the use of an all-terrain vehicle on its roadways shall not be deemed liable for crashes involving the use of an all-terrain vehicle on its roadways. Makes other changes.


LRB103 37381 MXP 67502 b

 

 

A BILL FOR

 

HB5436LRB103 37381 MXP 67502 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 3-412 and 11-1426.1 and by adding Sections
63-805.6 and 11-1426.3 as follows:
 
7    (625 ILCS 5/3-412)  (from Ch. 95 1/2, par. 3-412)
8    Sec. 3-412. Registration plates or digital registration
9plates and registration stickers or digital registration
10stickers to be furnished by the Secretary of State.
11    (a) The Secretary of State upon registering a vehicle
12subject to annual registration for the first time shall issue
13or shall cause to be issued to the owner one registration plate
14or digital registration plate for a motorcycle, trailer,
15semitrailer, moped, all-terrain vehicle, autocycle, or
16truck-tractor, 2 registration plates, or a digital
17registration plate and metal plate as set forth in Section
183-401.5, for other motor vehicles and, where applicable,
19current registration stickers or digital registration stickers
20for motor vehicles of the first division. The provisions of
21this Section may be made applicable to such vehicles of the
22second division, as the Secretary of State may, from time to
23time, in his discretion designate. On subsequent annual

 

 

HB5436- 2 -LRB103 37381 MXP 67502 b

1registrations during the term of the registration plate or
2digital registration plate as provided in Section 3-414.1, the
3Secretary shall issue or cause to be issued registration
4stickers or digital registration stickers as evidence of
5current registration. However, the issuance of annual
6registration stickers or digital registration stickers to
7vehicles registered under the provisions of Sections 3-402.1
8and 3-405.3 of this Code may not be required if the Secretary
9deems the issuance unnecessary.
10    (b) Every registration plate or digital registration plate
11shall have displayed upon it the registration number assigned
12to the vehicle for which it is issued, the name of this State,
13which may be abbreviated, the year number for which it was
14issued, which may be abbreviated, the phrase "Land of Lincoln"
15(except as otherwise provided in this Code), and such other
16letters or numbers as the Secretary may prescribe. However,
17for apportionment plates issued to vehicles registered under
18Section 3-402.1 and fleet plates issued to vehicles registered
19under Section 3-405.3, the phrase "Land of Lincoln" may be
20omitted to allow for the word "apportioned", the word "fleet",
21or other similar language to be displayed. Registration plates
22or digital registration plates issued to a vehicle registered
23as a fleet vehicle may display a designation determined by the
24Secretary.
25    The Secretary may in his discretion prescribe that letters
26be used as prefixes only on registration plates or digital

 

 

HB5436- 3 -LRB103 37381 MXP 67502 b

1registration plates issued to vehicles of the first division
2which are registered under this Code and only as suffixes on
3registration plates or digital registration plates issued to
4other vehicles. Every registration sticker or digital
5registration sticker issued as evidence of current
6registration shall designate the year number for which it is
7issued and such other letters or numbers as the Secretary may
8prescribe and shall be of a contrasting color with the
9registration plates or digital registration plates and
10registration stickers or digital registration stickers of the
11previous year.
12    (c) Each registration plate or digital registration plate
13and the required letters and numerals thereon, except the year
14number for which issued, shall be of sufficient size to be
15plainly readable from a distance of 100 feet during daylight,
16and shall be coated with reflectorizing material. The
17dimensions of the plate issued to vehicles of the first
18division shall be 6 by 12 inches.
19    (d) The Secretary of State shall issue for every passenger
20motor vehicle rented without a driver the same type of
21registration plates or digital registration plates as the type
22of plates issued for a private passenger vehicle.
23    (e) The Secretary of State shall issue for every passenger
24car used as a taxicab or livery, distinctive registration
25plates or digital registration plates.
26    (f) The Secretary of State shall issue for every

 

 

HB5436- 4 -LRB103 37381 MXP 67502 b

1motorcycle distinctive registration plates or digital
2registration plates distinguishing between motorcycles having
3150 or more cubic centimeters piston displacement, or having
4less than 150 cubic centimeter piston displacement.
5    (g) Registration plates or digital registration plates
6issued to vehicles for-hire may display a designation as
7determined by the Secretary that such vehicles are for-hire.
8    (h) (Blank).
9    (i) The Secretary of State shall issue for every public
10and private ambulance registration plates or digital
11registration plates identifying the vehicle as an ambulance.
12The Secretary shall forward to the Department of Healthcare
13and Family Services registration information for the purpose
14of verification of claims filed with the Department by
15ambulance owners for payment for services to public assistance
16recipients.
17    (j) The Secretary of State shall issue for every public
18and private medical carrier or rescue vehicle livery
19registration plates or digital registration plates displaying
20numbers within ranges of numbers reserved respectively for
21medical carriers and rescue vehicles. The Secretary shall
22forward to the Department of Healthcare and Family Services
23registration information for the purpose of verification of
24claims filed with the Department by owners of medical carriers
25or rescue vehicles for payment for services to public
26assistance recipients.

 

 

HB5436- 5 -LRB103 37381 MXP 67502 b

1    (k) The Secretary of State shall issue distinctive license
2plates or digital registration plates or distinctive license
3plate stickers or digital registration stickers for every
4vehicle exempted from subsections (a) and (a-5) of Section
512-503 by subsection (g) of that Section, and by subsection
6(g-5) of that Section before its deletion by this amendatory
7Act of the 95th General Assembly. The Secretary shall issue
8these plates or stickers immediately upon receiving the
9physician's certification required under subsection (g) of
10Section 12-503. New plates or stickers shall also be issued
11when the certification is renewed as provided in that
12subsection.
13    (l) The Secretary of State shall issue distinctive
14registration plates or digital registration plates for
15low-speed vehicles.
16    (m) The Secretary of State shall issue distinctive
17registration plates or digital registration plates for
18autocycles. The dimensions of the plate issued to autocycles
19shall be 4 by 7 inches.
20(Source: P.A. 101-395, eff. 8-16-19.)
 
21    (625 ILCS 5/3-805.6 new)
22    Sec. 3-805.6. All-terrain vehicles. Every owner of an
23all-terrain vehicle shall make application to the Secretary of
24State for registration, or renewal of registration, at the fee
25of $30 if the all-terrain vehicle is operated on any roads

 

 

HB5436- 6 -LRB103 37381 MXP 67502 b

1within this State. The registration shall remain valid for a
2period of 2 years. However, an owner of an all-terrain vehicle
3that is primarily used for agricultural purposes shall be
4subject to a one-time registration fee of $15, and the
5registration shall remain valid until ownership is
6transferred.
7    Of the fees collected for all-terrain vehicles, $2 of the
8fees shall be deposited into the State Police Vehicle Fund, $1
9of the fees shall be deposited into the Park and Conservation
10Fund for the Department of Natural Resources to use for
11conservation efforts, and the remainder of the fees shall be
12deposited into the Road Fund. Counties authorizing the use of
13all-terrain vehicles on its roadway may assess a fee.
 
14    (625 ILCS 5/11-1426.1)
15    Sec. 11-1426.1. Operation of non-highway vehicles on
16streets, roads, and highways.
17    (a) As used in this Section, "non-highway vehicle" means a
18motor vehicle not specifically designed to be used on a public
19highway, including:
20        (1) (blank); an all-terrain vehicle, as defined by
21    Section 1-101.8 of this Code;
22        (2) a golf cart, as defined by Section 1-123.9;
23        (3) an off-highway motorcycle, as defined by Section
24    1-153.1; and
25        (4) a recreational off-highway vehicle, as defined by

 

 

HB5436- 7 -LRB103 37381 MXP 67502 b

1    Section 1-168.8; and .
2        (5) a large non-highway vehicle, as defined by Section
3    10 of the Recreational Trails of Illinois Act.
4    (b) Except as otherwise provided in this Section, it is
5unlawful for any person to drive or operate a non-highway
6vehicle upon any street, highway, or roadway in this State. If
7the operation of a non-highway vehicle is authorized under
8subsection (d), the non-highway vehicle may be operated only
9on streets where the posted speed limit is 35 miles per hour or
10less. This subsection (b) does not prohibit a non-highway
11vehicle from crossing a road or street at an intersection
12where the road or street has a posted speed limit of more than
1335 miles per hour.
14    (b-5) A person may not operate a non-highway vehicle upon
15any street, highway, or roadway in this State unless he or she
16has a valid driver's license issued in his or her name by the
17Secretary of State or by a foreign jurisdiction.
18    (c) No person operating a non-highway vehicle shall make a
19direct crossing upon or across any tollroad, interstate
20highway, or controlled access highway in this State. No person
21operating a non-highway vehicle shall make a direct crossing
22upon or across any other highway under the jurisdiction of the
23State except at an intersection of the highway with another
24public street, road, or highway.
25    (c-5) (Blank).
26    (d) A municipality, township, county, or other unit of

 

 

HB5436- 8 -LRB103 37381 MXP 67502 b

1local government may authorize, by ordinance or resolution,
2the operation of non-highway vehicles on roadways under its
3jurisdiction if the unit of local government determines that
4the public safety will not be jeopardized. The Department may
5authorize the operation of non-highway vehicles on the
6roadways under its jurisdiction if the Department determines
7that the public safety will not be jeopardized. The unit of
8local government or the Department may restrict the types of
9non-highway vehicles that are authorized to be used on its
10streets.
11    Before permitting the operation of non-highway vehicles on
12its roadways, a municipality, township, county, other unit of
13local government, or the Department must consider the volume,
14speed, and character of traffic on the roadway and determine
15whether non-highway vehicles may safely travel on or cross the
16roadway. Upon determining that non-highway vehicles may safely
17operate on a roadway and the adoption of an ordinance or
18resolution by a municipality, township, county, or other unit
19of local government, or authorization by the Department,
20appropriate signs shall be posted.
21    If a roadway is under the jurisdiction of more than one
22unit of government, non-highway vehicles may not be operated
23on the roadway unless each unit of government agrees and takes
24action as provided in this subsection.
25    (e) No non-highway vehicle may be operated on a roadway
26unless, at a minimum, it has the following: brakes, a steering

 

 

HB5436- 9 -LRB103 37381 MXP 67502 b

1apparatus, tires, a rearview mirror, red reflectorized warning
2devices in the front and rear, a slow moving emblem (as
3required of other vehicles in Section 12-709 of this Code) on
4the rear of the non-highway vehicle, a headlight that emits a
5white light visible from a distance of 500 feet to the front, a
6tail lamp that emits a red light visible from at least 100 feet
7from the rear, brake lights, and turn signals. When operated
8on a roadway, a non-highway vehicle shall have its headlight
9and tail lamps lighted as required by Section 12-201 of this
10Code. A non-highway vehicle that is manufactured not to exceed
1140 miles per hour shall have a slow moving emblem (as required
12of other vehicles in Section 12-709 of this Code) on the rear
13of the non-highway vehicle. A slow moving emblem shall not be
14affixed to any non-highway vehicle that is manufactured to
15exceed 40 miles per hour.
16    (f) A person who drives or is in actual physical control of
17a non-highway vehicle on a roadway while under the influence
18is subject to Sections 11-500 through 11-502 of this Code.
19    (g) Any person who operates a non-highway vehicle on a
20street, highway, or roadway shall be subject to the mandatory
21insurance requirements under Article VI of Chapter 7 of this
22Code.
23    (h) It shall not be unlawful for any person to drive or
24operate a non-highway vehicle, as defined in paragraph
25paragraphs (1) and (4) of subsection (a) of this Section, on a
26county roadway or township roadway for the purpose of

 

 

HB5436- 10 -LRB103 37381 MXP 67502 b

1conducting farming operations to and from the home, farm, farm
2buildings, and any adjacent or nearby farm land.
3    Non-highway vehicles, as used in this subsection (h),
4shall not be subject to subsections (e) and (g) of this
5Section. However, if the non-highway vehicle, as used in this
6Section, is not covered under a motor vehicle insurance policy
7pursuant to subsection (g) of this Section, the vehicle must
8be covered under a farm, home, or non-highway vehicle
9insurance policy issued with coverage amounts no less than the
10minimum amounts set for bodily injury or death and for
11destruction of property under Section 7-203 of this Code.
12Non-highway vehicles operated on a county or township roadway
13at any time between one-half hour before sunset and one-half
14hour after sunrise must be equipped with head lamps and tail
15lamps, and the head lamps and tail lamps must be lighted.
16    Non-highway vehicles, as used in this subsection (h),
17shall not make a direct crossing upon or across any tollroad,
18interstate highway, or controlled access highway in this
19State.
20    Non-highway vehicles, as used in this subsection (h),
21shall be allowed to cross a State highway, municipal street,
22county highway, or road district highway if the operator of
23the non-highway vehicle makes a direct crossing provided:
24        (1) the crossing is made at an angle of approximately
25    90 degrees to the direction of the street, road or highway
26    and at a place where no obstruction prevents a quick and

 

 

HB5436- 11 -LRB103 37381 MXP 67502 b

1    safe crossing;
2        (2) the non-highway vehicle is brought to a complete
3    stop before attempting a crossing;
4        (3) the operator of the non-highway vehicle yields the
5    right of way to all pedestrian and vehicular traffic which
6    constitutes a hazard; and
7        (4) that when crossing a divided highway, the crossing
8    is made only at an intersection of the highway with
9    another public street, road, or highway.
10    (i) No action taken by a unit of local government under
11this Section designates the operation of a non-highway vehicle
12as an intended or permitted use of property with respect to
13Section 3-102 of the Local Governmental and Governmental
14Employees Tort Immunity Act.
15(Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.)
 
16    (625 ILCS 5/11-1426.3 new)
17    Sec. 11-1426.3. Operation of an all-terrain vehicle on
18streets, roads, and highways.
19    (a) A township, county, or other unit of local government
20may authorize, by ordinance or resolution, the operation of
21all-terrain vehicles on roadways under its jurisdiction if the
22unit of local government determines that the public safety
23will not be jeopardized. The Department may authorize the
24operation of all-terrain vehicles on the roadways under its
25jurisdiction if the Department determines that the public

 

 

HB5436- 12 -LRB103 37381 MXP 67502 b

1safety will not be jeopardized. The unit of local government
2or the Department may restrict the types of all-terrain
3vehicles that are authorized to be used on its streets.
4    (b) Except as provided in subsection (b), an individual
5may operate an all-terrain vehicle, as defined by Section
61-101.8, on a street, roadway, or highway if the all-terrain
7vehicle has a combustion engine with a piston or rotor
8displacement of 400 cubic centimeters or greater and is
9capable of maintaining speeds of 40 miles per hour or greater.
10    (c) An individual may not operate an all-terrain vehicle
11on a highway if:
12        (1) the highway is an interstate system;
13        (2) the highway is near a grade-separated portion of
14    the highway;
15        (3) the highway is within a municipality; or
16        (4) the highway has a posted speed limit higher than
17    45 miles per hour.
18    Nothing in this Section authorizes the operation of an
19all-terrain vehicle in an area that is not open to motor
20vehicle use.
21    (d) A person who operates an all-terrain vehicle on a
22street, highway, or roadway shall be subject to the mandatory
23insurance requirements under Article VI of Chapter 7 of this
24Code.
25    (e) An all-terrain vehicle that operates on a roadway must
26be registered in the manner provided under Section 3-805.6

 

 

HB5436- 13 -LRB103 37381 MXP 67502 b

1    (f) The owner of an all-terrain vehicle shall ensure that
2the vehicle is equipped with:
3        (1) 2 headlamps;
4        (2) 2 tail lamps;
5        (3) 2 brake lamps;
6        (4) a tail lamp or other lamp constructed and placed
7    to illuminate the registration plate with a white light;
8        (5) one or more red reflectors on the rear;
9        (6) amber or red flashing electric turn signals, one
10    on each side of the front and rear;
11        (7) a braking system, other than a parking brake;
12        (8) a horn or other warning device;
13        (9) a muffler and, if required by an applicable
14    federal statute or regulation, an emission control system;
15        (10) rearview mirrors on the right and left side of
16    the driver;
17        (11) a windshield, unless the operator wears eye
18    protection while operating the vehicle;
19        (12) a speedometer, illuminated for nighttime
20    operation;
21        (13) for vehicles designed by the manufacturer for
22    carrying one or more passengers, a bench seat or
23    side-by-side seat equipped with a seat safety belt for
24    each passenger; and
25        (14) 4 wheels in contact with the ground, with tires
26    that have at least 2/32 inches or greater tire tread.

 

 

HB5436- 14 -LRB103 37381 MXP 67502 b

1    (g) A unit of local government that permits the use of an
2all-terrain vehicle on its roadways shall not be deemed liable
3for crashes involving the use of an all-terrain vehicle on its
4roadways.