Full Text of SB1213 103rd General Assembly
SB1213sam002 103RD GENERAL ASSEMBLY | Sen. Neil Anderson Filed: 3/30/2023
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| 1 | | AMENDMENT TO SENATE BILL 1213
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1213 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 1-101.8 and 11-1426.1 as follows: | 6 | | (625 ILCS 5/11-1426.1) | 7 | | Sec. 11-1426.1. Operation of non-highway vehicles on | 8 | | streets, roads, and highways. | 9 | | (a) As used in this Section, "non-highway vehicle" means a | 10 | | motor vehicle not specifically designed to be used on a public | 11 | | highway, 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 |
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| 1 | | (4) a recreational off-highway vehicle, as defined by | 2 | | Section 1-168.8 ; and . | 3 | | (5) a large non-highway vehicle, as defined by Section | 4 | | 10 of the Recreational Trails of Illinois Act. | 5 | | (b) Except as otherwise provided in this Section, it is | 6 | | unlawful
for any person to drive or operate a non-highway | 7 | | vehicle
upon any street, highway, or roadway in this State. If | 8 | | the operation of a non-highway vehicle is authorized under | 9 | | subsection (d), the non-highway vehicle may be operated only | 10 | | on streets where the posted speed limit is 55 35 miles per hour | 11 | | or less. This subsection (b) does not prohibit a non-highway | 12 | | vehicle from crossing a road or street at an intersection | 13 | | where the road or street has a posted speed limit of more than | 14 | | 55 35 miles per hour. | 15 | | (b-5) A person may not operate a non-highway vehicle upon | 16 | | any street, highway, or roadway in this State unless he or she | 17 | | has a valid driver's license issued in his or her name by the | 18 | | Secretary of State or by a foreign jurisdiction. | 19 | | (c) No person operating a non-highway vehicle shall make a | 20 | | direct crossing upon or across any tollroad,
interstate | 21 | | highway, or controlled access highway in this State. No person | 22 | | operating a non-highway vehicle shall make a direct crossing | 23 | | upon or across any other highway under the jurisdiction of the | 24 | | State except at an intersection of the highway with another | 25 | | public street, road, or highway. | 26 | | (c-5) (Blank). |
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| 1 | | (d) A municipality, township, county, or other unit of | 2 | | local government may authorize, by ordinance or resolution, | 3 | | the operation of non-highway vehicles on roadways under its | 4 | | jurisdiction if the unit of local government determines that | 5 | | the public safety will not be jeopardized. The Department may | 6 | | authorize
the operation of non-highway vehicles on the | 7 | | roadways under its jurisdiction if the Department determines | 8 | | that the public safety will not be jeopardized. The unit of | 9 | | local government or the Department may restrict the types of | 10 | | non-highway vehicles that are authorized to be used on its | 11 | | streets. | 12 | | Before permitting the operation of non-highway vehicles on | 13 | | its roadways,
a municipality, township, county, other unit of | 14 | | local government, or the Department must consider the volume, | 15 | | speed, and character of traffic on the roadway and determine | 16 | | whether non-highway vehicles may safely travel on or cross the | 17 | | roadway. Upon determining that non-highway vehicles may safely | 18 | | operate on a roadway and the adoption of an ordinance or | 19 | | resolution by a municipality, township, county, or other unit | 20 | | of local government, or authorization by the Department, | 21 | | appropriate signs shall be posted. | 22 | | If a roadway is under the jurisdiction of more than one | 23 | | unit of government, non-highway vehicles may not be operated | 24 | | on the roadway unless each
unit of government agrees and takes | 25 | | action as provided in this subsection. | 26 | | (e) No non-highway vehicle may be operated on a roadway |
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| 1 | | unless, at a minimum, it has
the following: brakes, a steering | 2 | | apparatus, tires, a rearview mirror, red reflectorized warning | 3 | | devices in the front and rear, a slow moving emblem (as | 4 | | required of other vehicles in Section 12-709 of this Code) on | 5 | | the rear of the non-highway vehicle, a headlight that emits a | 6 | | white light visible from a distance of 500 feet to the front, a | 7 | | tail lamp that emits a
red light visible from at least 100 feet | 8 | | from the rear, brake lights, and turn signals. A non-highway | 9 | | vehicle that is manufactured not to exceed 40 miles per hour | 10 | | shall have a slow moving emblem (as required of other vehicles | 11 | | in Section 12-709 of this Code) affixed to the rear of the | 12 | | non-highway vehicle. A slow moving emblem shall not be affixed | 13 | | to any non-highway vehicle that is manufactured to exceed 40 | 14 | | miles per hour. When operated on a roadway, a non-highway | 15 | | vehicle shall have its headlight and tail lamps lighted as | 16 | | required by Section 12-201 of this Code. | 17 | | (f) A person who drives or is in actual physical control of | 18 | | a non-highway vehicle on a roadway while under the influence | 19 | | is subject to Sections 11-500 through 11-502 of this Code. | 20 | | (g) Any person who operates a non-highway vehicle on a | 21 | | street, highway, or roadway shall be subject to the mandatory | 22 | | insurance requirements under Article VI of Chapter 7 of this | 23 | | Code. | 24 | | (h) It shall not be unlawful for any person to drive or | 25 | | operate a non-highway vehicle, as defined in paragraphs (1) | 26 | | and (4) of subsection (a) of this Section, on a county roadway |
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| 1 | | or township roadway for the purpose of conducting farming | 2 | | operations to and from the home, farm, farm buildings, and any | 3 | | adjacent or nearby farm land. | 4 | | Non-highway vehicles, as used in this subsection (h), | 5 | | shall not be subject to subsections (e) and (g) of this | 6 | | Section. However, if the non-highway vehicle, as used in this | 7 | | Section, is not covered under a motor vehicle insurance policy | 8 | | pursuant to subsection (g) of this Section, the vehicle must | 9 | | be covered under a farm, home, or non-highway vehicle | 10 | | insurance policy issued with coverage amounts no less than the | 11 | | minimum amounts set for bodily injury or death and for | 12 | | destruction of property under Section 7-203 of this Code. | 13 | | Non-highway vehicles operated on a county or township roadway | 14 | | at any time between one-half hour before sunset and one-half | 15 | | hour after sunrise must be equipped with head lamps and tail | 16 | | lamps, and the head lamps and tail lamps must be lighted. | 17 | | Non-highway vehicles, as used in this subsection (h), | 18 | | shall not make a direct crossing upon or across any tollroad, | 19 | | interstate highway, or controlled access highway in this | 20 | | State. | 21 | | Non-highway vehicles, as used in this subsection (h), | 22 | | shall be allowed to cross a State highway, municipal street, | 23 | | county highway, or road district highway if the operator of | 24 | | the non-highway vehicle makes a direct crossing provided: | 25 | | (1) the crossing is made at an angle of approximately | 26 | | 90 degrees to the direction of the street, road or highway |
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| 1 | | and at a place where no obstruction prevents a quick and | 2 | | safe crossing; | 3 | | (2) the non-highway vehicle is brought to a complete | 4 | | stop before attempting a crossing; | 5 | | (3) the operator of the non-highway vehicle yields the | 6 | | right of way to all pedestrian and vehicular traffic which | 7 | | constitutes a hazard; and | 8 | | (4) that when crossing a divided highway, the crossing | 9 | | is made only at an intersection of the highway with | 10 | | another public street, road, or highway. | 11 | | (i) No action taken by a unit of local government under | 12 | | this Section designates the operation of a non-highway vehicle | 13 | | as an intended or permitted use of property with respect to | 14 | | Section 3-102 of the Local Governmental and Governmental | 15 | | Employees Tort Immunity Act. | 16 | | (j) A 2-wheeled non-highway vehicle shall be subject to | 17 | | the same safety requirements as a motorcycle. | 18 | | (k) All non-highway vehicles must possess the same amount | 19 | | of liability insurance coverage as all other on-road vehicles. | 20 | | (Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.)".
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