Illinois General Assembly - Full Text of HB5466
Illinois General Assembly

Previous General Assemblies

Full Text of HB5466  100th General Assembly




HB5466 EngrossedLRB100 20050 LNS 35332 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 changing
5Section 11-1426.1 and adding Section 1-168.9 as follows:
6    (625 ILCS 5/1-168.9 new)
7    Sec. 1-168.9. Utility terrain vehicle. A commercially
8designed and manufactured motor vehicle that does not meet
9federal motor vehicle safety standards, that is not an
10all-terrain vehicle, golf cart, off-highway motorcycle, or
11recreational off-highway vehicle, that is designed to be used
12primarily off a highway, and that has and was originally
13manufactured with the following: (i) a net weight of 2,000
14pounds or less; (ii) 4 or more low pressure or non-pneumatic
15tires; (iii) a steering wheel; (iv) a tail light; (v) a brake
16light; (vi) 2 headlights; (vii) a width of not more than 65
17inches; (viii) a system of seat belts, or a similar system, for
18restraining each occupant of the vehicle in the event of an
19accident; and (ix) a system of structural members designed to
20reduce the likelihood that an occupant would be crushed as a
21result of a rollover of the vehicle.
22    (625 ILCS 5/11-1426.1)



HB5466 Engrossed- 2 -LRB100 20050 LNS 35332 b

1    Sec. 11-1426.1. Operation of non-highway vehicles on
2streets, roads, and highways.
3    (a) As used in this Section, "non-highway vehicle" means a
4motor vehicle not specifically designed to be used on a public
5highway, including:
6        (1) an all-terrain vehicle, as defined by Section
7    1-101.8 of this Code;
8        (2) a golf cart, as defined by Section 1-123.9;
9        (3) an off-highway motorcycle, as defined by Section
10    1-153.1; and
11        (4) a recreational off-highway vehicle, as defined by
12    Section 1-168.8; and .
13        (5) a utility terrain vehicle, as defined in Section
14    1-168.9
15    (b) Except as otherwise provided in this Section, it is
16unlawful for any person to drive or operate a non-highway
17vehicle upon any street, highway, or roadway in this State. If
18the operation of a non-highway vehicle is authorized under
19subsection (d), the non-highway vehicle may be operated only on
20streets where the posted speed limit is 35 miles per hour or
21less, except a utility terrain vehicle may be operated as
22provided in subsection (c-10). This subsection (b) does not
23prohibit a non-highway vehicle from crossing a road or street
24at an intersection where the road or street has a posted speed
25limit of more than 35 miles per hour.
26    (b-5) A person may not operate a non-highway vehicle upon



HB5466 Engrossed- 3 -LRB100 20050 LNS 35332 b

1any street, highway, or roadway in this State unless he or she
2has a valid driver's license issued in his or her name by the
3Secretary of State or by a foreign jurisdiction.
4    (c) No person operating a non-highway vehicle shall make a
5direct crossing upon or across any tollroad, interstate
6highway, or controlled access highway in this State. No person
7operating a non-highway vehicle shall make a direct crossing
8upon or across any other highway under the jurisdiction of the
9State except at an intersection of the highway with another
10public street, road, or highway.
11    (c-5) (Blank).
12    (c-10) A person may operate a utility terrain vehicle, as
13defined in Section 1-168.9 of this Code, on a roadway with a
14speed limit of 55 miles per hour or less if the roadway is not a
15State highway or an interstate road and the utility terrain
16vehicle is licensed and registered in the county in which the
17roadway is located. Counties may, at their discretion, license
18and register such vehicles.
19    (d) A municipality, township, county, or other unit of
20local government may authorize, by ordinance or resolution, the
21operation of non-highway vehicles on roadways under its
22jurisdiction if the unit of local government determines that
23the public safety will not be jeopardized. The Department may
24authorize the operation of non-highway vehicles on the roadways
25under its jurisdiction if the Department determines that the
26public safety will not be jeopardized. The unit of local



HB5466 Engrossed- 4 -LRB100 20050 LNS 35332 b

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



HB5466 Engrossed- 5 -LRB100 20050 LNS 35332 b

1a roadway, a non-highway vehicle shall have its headlight and
2tail lamps lighted as required by Section 12-201 of this Code.
3    (f) A person who drives or is in actual physical control of
4a non-highway vehicle on a roadway while under the influence is
5subject 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
10    (h) It shall not be unlawful for any person to drive or
11operate a non-highway vehicle, as defined in paragraphs (1) and
12(4) of subsection (a) of this Section, on a county roadway or
13township 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), shall
17not be subject to subsections (e) and (g) of this Section.
18However, if the non-highway vehicle, as used in this Section,
19is not covered under a motor vehicle insurance policy pursuant
20to subsection (g) of this Section, the vehicle must be covered
21under a farm, home, or non-highway vehicle insurance policy
22issued with coverage amounts no less than the minimum amounts
23set for bodily injury or death and for destruction of property
24under Section 7-203 of this Code. Non-highway vehicles operated
25on a county or township roadway at any time between one-half
26hour before sunset and one-half hour after sunrise must be



HB5466 Engrossed- 6 -LRB100 20050 LNS 35332 b

1equipped with head lamps and tail lamps, and the head lamps and
2tail lamps must be lighted.
3    Non-highway vehicles, as used in this subsection (h), shall
4not make a direct crossing upon or across any tollroad,
5interstate highway, or controlled access highway in this State.
6    Non-highway vehicles, as used in this subsection (h), shall
7be allowed to cross a State highway, municipal street, county
8highway, or road district highway if the operator of the
9non-highway vehicle makes a direct crossing provided:
10        (1) the crossing is made at an angle of approximately
11    90 degrees to the direction of the street, road or highway
12    and at a place where no obstruction prevents a quick and
13    safe crossing;
14        (2) the non-highway vehicle is brought to a complete
15    stop before attempting a crossing;
16        (3) the operator of the non-highway vehicle yields the
17    right of way to all pedestrian and vehicular traffic which
18    constitutes a hazard; and
19        (4) that when crossing a divided highway, the crossing
20    is made only at an intersection of the highway with another
21    public street, road, or highway.
22    (i) No action taken by a unit of local government under
23this Section designates the operation of a non-highway vehicle
24as an intended or permitted use of property with respect to
25Section 3-102 of the Local Governmental and Governmental
26Employees Tort Immunity Act.



HB5466 Engrossed- 7 -LRB100 20050 LNS 35332 b

1(Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.)