Illinois General Assembly - Full Text of HB5466
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Full Text of HB5466  100th General Assembly


Rep. Reginald Phillips

Filed: 4/23/2018





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2    AMENDMENT NO. ______. Amend House Bill 5466 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 11-1426.1 and adding Section 1-168.9 as
7    (625 ILCS 5/1-168.9 new)
8    Sec. 1-168.9. Utility terrain vehicle. A commercially
9designed and manufactured motor vehicle that does not meet
10federal motor vehicle safety standards, that is not an
11all-terrain vehicle, golf cart, off-highway motorcycle, or
12recreational off-highway vehicle, that is designed to be used
13primarily off a highway, and that has and was originally
14manufactured with the following: (i) a net weight of 2,000
15pounds or less; (ii) 4 or more low pressure or non-pneumatic
16tires; (iii) a steering wheel; (iv) a tail light; (v) a brake



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1light; (vi) 2 headlights; (vii) a width of not more than 65
2inches; (viii) a system of seat belts, or a similar system, for
3restraining each occupant of the vehicle in the event of an
4accident; and (ix) a system of structural members designed to
5reduce the likelihood that an occupant would be crushed as a
6result of a rollover of the vehicle.
7    (625 ILCS 5/11-1426.1)
8    Sec. 11-1426.1. Operation of non-highway vehicles on
9streets, roads, and highways.
10    (a) As used in this Section, "non-highway vehicle" means a
11motor vehicle not specifically designed to be used on a public
12highway, including:
13        (1) an all-terrain vehicle, as defined by Section
14    1-101.8 of this Code;
15        (2) a golf cart, as defined by Section 1-123.9;
16        (3) an off-highway motorcycle, as defined by Section
17    1-153.1; and
18        (4) a recreational off-highway vehicle, as defined by
19    Section 1-168.8; and .
20        (5) a utility terrain vehicle, as defined in Section
21    1-168.9
22    (b) Except as otherwise provided in this Section, it is
23unlawful for any person to drive or operate a non-highway
24vehicle upon any street, highway, or roadway in this State. If
25the operation of a non-highway vehicle is authorized under



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1subsection (d), the non-highway vehicle may be operated only on
2streets where the posted speed limit is 35 miles per hour or
3less, except a utility terrain vehicle may be operated as
4provided in subsection (c-10). This subsection (b) does not
5prohibit a non-highway vehicle from crossing a road or street
6at an intersection where the road or street has a posted speed
7limit of more than 35 miles per hour.
8    (b-5) A person may not operate a non-highway vehicle upon
9any street, highway, or roadway in this State unless he or she
10has a valid driver's license issued in his or her name by the
11Secretary of State or by a foreign jurisdiction.
12    (c) No person operating a non-highway vehicle shall make a
13direct crossing upon or across any tollroad, interstate
14highway, or controlled access highway in this State. No person
15operating a non-highway vehicle shall make a direct crossing
16upon or across any other highway under the jurisdiction of the
17State except at an intersection of the highway with another
18public street, road, or highway.
19    (c-5) (Blank).
20    (c-10) A person may operate a utility terrain vehicle, as
21defined in Section 1-168.9 of this Code, on a roadway with a
22speed limit of 55 miles per hour or less if the roadway is not a
23State highway or an interstate road and the utility terrain
24vehicle is licensed and registered in the county in which the
25roadway is located. Counties may, at their discretion, license
26and register such vehicles.



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



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



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



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1        (4) that when crossing a divided highway, the crossing
2    is made only at an intersection of the highway with another
3    public street, road, or highway.
4    (i) No action taken by a unit of local government under
5this Section designates the operation of a non-highway vehicle
6as an intended or permitted use of property with respect to
7Section 3-102 of the Local Governmental and Governmental
8Employees Tort Immunity Act.
9(Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.)".